REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 24, 1989 at 7:30 p.m. with Mayor Richter presiding. Members present were Councilmen Hall, Daisey, Legates, Lynn, Christiansen, Levitt, Weyandt and VanSant.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Bartolotta, Mr. Cregar, Mr. Karia, Ms. Bittner and Mr. Rodriguez.
The invocation was given by Reverend James Fraser, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mrs. Legates requested the addition of agenda item #9A to discuss Dover Little League property on Horsepond Road.
Mr. VanSant moved for approval of the agenda as amended, seconded by Mr. Weyandt and unanimously carried.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF APRIL 5, 1989
The Minutes of the Special Council Meeting of April 5, 1989 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Daisey and bore the written approval of Mayor Richter.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 10, 1989
The Minutes of the Regular Council Meeting of April 10, 1989 were unanimously approved by motion of Mr. VanSant, seconded by Mr. Lynn and bore the written approval of Mayor Richter.
PROCLAMATIONS
Small Business Week
The City Clerk read into the record the following Proclamation:
WHEREAS, the history of America is one of a nation at work -- a nation of farmers, manufacturers and retailers joining together to create a greater society; and
WHEREAS, our growing and successful nation is built on individual enterprise, a competitive spirit and keen pride in our accomplishments; and
WHEREAS, the Central Delaware Chamber of Commerce engages in activities to assist small business persons and each year nominates small business persons as examples of the caliber of the business persons in Central Delaware; and
WHEREAS, this year, the Central Delaware Chamber of Commerce has nominated Fred B. Carey, Jr. - C & P Motors, Inc.; John Crusco - Kent County Business Machines; William A. Dawson - Dawson Bus Service; George Nemith and Larry P. Castello CNC Insurance Associates, Inc.; and Nancy E. Ward - J & J Ceramic Studio, as outstanding small business persons.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the week of May 7 - 13, 1989, as SMALL BUSINESS WEEK in the City of Dover, Kent County, Delaware, and ask that all in our fine City pay tribute to its small business men and women.
Public Service Recognition Week
Mayor Richter presented the following Proclamation to Connie Stanley, representing the Internal Revenue Service:
WHEREAS, in the name of service, public employees and volunteers have made great contributions to this society in areas such as health care, education, crime prevention, fire protection, conservation of energy and other resources, and national defense; and
WHEREAS, the effectiveness and efficiency of government depends in large measure on public employees and volunteers whose task is to provide services of the quality and quantity required and expected by the public on a daily basis; and
WHEREAS, the importance of public services rendered by public employees and volunteers and the exemplary manner of their performance are too often forgotten or ignored; and
WHEREAS, the City of Dover's employees strive daily, through their dedication and hard work, to offer its citizens the highest quality of service possible; and
WHEREAS, the City of Dover recognizes the dedication, talents and contributions made by public employees and volunteers at all levels of government.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the week of May 1 - 7, 1989, as PUBLIC SERVICE RECOGNITION WEEK in the City of Dover.
Drinking Water Week - American Water Works Association
The following Proclamation was presented to Mr. Wayne Fallin and Mr. Jack Woods representing the Chesapeake Section of the AWWA:
WHEREAS, The Chesapeake Section of the American Water Works Association engages in local and national waterworks programs which benefit the citizens of Dover, Delaware; and
WHEREAS, The Chesapeake Section of the American Water Works Association advances the role of citizens' drinking water in our lives and communities; and
WHEREAS, The Chesapeake Section of the American Water Works Association promotes the public recognition of the management and protection of our public water supply through the theme, "Drinking Water: On Tap For the Future".
NOW, THEREFORE, I, JOHN E. RICHTER, Mayor of the City of Dover, do hereby proclaim the week of May 1-7, 1989, as DOVER, DELAWARE DRINKING WATER WEEK.
On behalf of the AWWA, Mr. Fallin and Mr. Woods presented a bottle of spring water and a plaque to Mayor Richter and Public Works Director Richard Scrafford.
PUBLIC HEARING - BORROWING OF FUNDS - ROBBINS HOSE COMPANY
Robbins Hose Company has ordered two fire trucks at a total cost of $515,956.88. The Fire company is planning to borrow $338,700 to partially finance the purchase. In accordance with the Income Tax Code, as amended in 1986, the City is required to hold a public hearing and approve the borrowing of the tax exempt funds. The City of Dover is not responsible for any debt service payment.
Mayor Richter declared the hearing open.
There was no one present to speak for or against the borrowing of funds by Robbins Hose Company.
Mayor Richter declared the hearing closed.
Mr. Weyandt moved for approval of the following Resolution, stipulating that the City of Dover is not responsible for any debt service payment. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.
BE IT RESOLVED that the City of Dover hereby approves the acquisition of PIERCE 50' TELE-SQUIRT and PIERCE SUBURBAN PUMPER by the Robbins Hose Fire Company No. 1, and
BE IT FURTHER RESOLVED that the City approves the financing agreement to be entered into by Robbins Hose Fire Company No. 1 with the Wilmington Trust Company for the acquisition of the two fire trucks.
ADOPTED: APRIL 24, 1989
MONTHLY REPORTS - MARCH
Referring to the Chief of Police Report, Mr. Christiansen reported receiving several complaints over the weekend stemming from loud music played during an outside music festival at Wesley College. Chief Hutchison reported that a permit was acquired by Wesley College to have the music festival from 1:00 p.m. to 5:00 p.m. The Police Department received seven (7) complaints of loud music which was responded to immediately. Overall, the Chief felt that the event was well managed.
Mr. VanSant suggested that the Building Inspector's Report be modified to omit unnecessary items, i.e. Number of Telephone Calls, and Number of Radio Calls Sent and Received.
Mr. Weyandt moved for removal of the above items from the monthly report, seconded by Mr. Lynn and unanimously carried.
Mayor Richter requested a status report on the punch list items for Constitution Place which will be supplied by the City Manager.
By motion of Mr. VanSant, seconded by Mr. Lynn, Council unanimously adopted the following reports for the month of March:
Chief of Police Report
Building inspector and Fire Marshal Report
City Assessor Report
City Alderman Report
J.P. Court #7 Report
City Manager Report
General Fund, Cash Receipts & Budget Report
Water/sewer Fund, Revenue & Budget Report
Internal Service Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
General, Water/Sewer, Electric Revenue - Receipts & Disbursements Report
Mr. Bartolotta announced that commercial trash containers were just received and will be distributed immediately. Mr. Christiansen referred to the residential, 90 gallon containers, and asked if customers are required to pay the full amount of $59.95 for an additional container in a lump sum payment. Mr. Bartolotta stated that the policy requires a full payment prior to receipt of the container. Mr. Christiansen stated that this practice creates a hardship for some citizens and requested that the Utility Committee consider modification of the policy.
ELECTION RESULTS
The City Clerk read into the record the following results from the April 17, 1989 municipal election. It was noted that an election was held for the Fourth District only, since the other districts and the at-large position were uncontested.
Total Fourth District Registered Voters 1,084
Total Fourth District Votes Cast 293
FOURTH DISTRICT Total Votes
Lisa B. Noble 106
Reuben Salters 187
Mr. VanSant moved for acceptance of the 1989 municipal election results, seconded by Mr. Lynn and unanimously carried.
Mayor Richter congratulated Mr. Salters on his victory.
CITY MANAGER'S REPORT - ROBBINS HOSE COMPANY SEMI-ANNUAL INSPECTION
The City Manager submitted a written report on the semi-annual inspection of the Robbins Hose Fire Company. In summary, he stated that staff observed no deficiencies. The apparatus continues to be maintained in an exemplary manner. The condition of the building is clean, and the overall company appears to be in excellent shape.
Mr. Christiansen corrected paragraph #1 of the report, stating that the engines to be sold are 1961 and 1966 engines which will be sold to a South Carolina fire company.
Mrs. Legates moved for acceptance of the report as amended, seconded by Mr. Weyandt and unanimously carried.
DEED TO DOVER LITTLE LEAGUE PROPERTY ON HORSEPOND ROAD
An executive session of the Parks and Recreation Committee was held on April 24, 1989 at 7:00 p.m. Mrs. Legates explained that the Dover Little League has requested that the City of Dover return ownership to the Dover Little League for property located on Horsepond Road. The property was deeded to the City of Dover in 1972 as collateral against a $32,000 debt. The debt was totally repaid in 1986 but the deed has not been transferred back into the name of the Little League.
Mrs. Legates moved that Council direct the City Solicitor to prepare a deed transferring the Dover Little League property, located on Horsepond Road, back into their name, stipulating that the Dover Little League will be responsible for all costs of conveyance. The motion was seconded by Mr. Daisey and carried by a unanimous roll call vote.
UTILITY COMMITTEE REPORT
The Utility Committee met on April 11, 1989, with Chairman VanSant presiding.
Request for Trash Collection - Kent Apartments
Consideration was given to a request from Mr. Larry Porter, requesting that the City assume some or a portion of the costs related to trash collection from Kent Apartments, located on New Street.
The committee recommended that staff explain the provisions of the City's refuse collection ordinance to Mr. Porter to fully clarify its contents.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Weyandt and unanimously carried.
Annexation Request - Bay Developers, Inc. - College Road
A request was considered for annexation of 19 acres of land located on County Road #99, owned by Eastern Shore Concrete Pipe Company. The prospective purchasers are Bay Developers, Inc., represented by William S. Hudson. The property is part of an existing island surrounded by City limits and is contiguous to the present City boundaries. Staff surveyed owners of surrounding properties that are also outside the City limits, but a majority consensus could not be reached by property owners for inclusion of the entire island.
The committee felt that the City should attempt annexation of only those properties requesting it, diminishing the island little by little. They recommended that an annexation referendum be scheduled for parcels #11 and #12.
Since the date of the Utility Committee meeting, the City received a request for annexation of parcel #23 which is also contiguous to the City's boundaries.
The Planning Commission has recommended that the front portion of parcels #11 and #12 be zoned as C/PO. This would represent approximately 469 feet of road frontage at a depth of 300 feet. The remainder of the property was recommended for a zoning classification of IPM.
Should Council include parcel #23 in the annexation referendum, Mr. Cregar was asked what zoning classification would be best suited for the property. Although this property has not been considered by the Planning Commission, Mr. Cregar stated that the Planning Department will recommend a zoning category of RG-3 to the Planning Commission.
If parcel #23 is considered for annexation, the City Manager stated that the adjacent alley should be included for the depth of parcel #23.
Mr. VanSant moved that a referendum be held on May 25, 1989 to consider annexation of parcels #11, #12, and #23 with adjacent alley, located on College Road, and that the results of the referendum be reported to Council on June 10, 1989 after approval of the new C/PO zoning category. The motion was seconded by Mr. Hall and by a unanimous roll call vote, Council adopted the following Resolution:
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
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, within a zoning classification as recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special election be held for the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein:
Parcels #11 and #12 - ALL that certain tract, piece or parcel of land lying on the northerly side of County Road 99, East Dover Hundred, Kent County, State of Delaware, with no improvements thereon erected.
BEGINNING at a point in the northerly right-of-way line of County Road 99, 701 wide, said point of beginning being at a corner for lands herein described now or formerly of Consolidated Rail Corporation; thence, turning and running along the northerly side of County Road 99 the following two courses and distances: (1) on an arc of a circle curving to the left, a distance of 172.411 (radius 26,479.84'), (2) south 50 degrees 29 minutes 24 seconds west, a distance of 297.741; thence turning and running with line o lands now or formerly of Francis Raughley and Betty Campbell Trust North 32 degrees 36 minutes 0 seconds west, a distance of 1,334.93' to a point; thence turning and running with line of lands now or formerly of Anita F. Baynard North 59 degrees 9 minutes 0 seconds east, a distance of 718.74' to a point in line of lands of Consolidated Rail Corporation; thence turning and running with the westerly line o lands of Consolidated Rail Corporation South 23 degrees 2 minutes 0 seconds east, a distance of 1,451.34' back to the point and place of BEGINNING and containing 18.6003 acres of land more or less.
Parcel #23 - ALL those two certain lots or tracts of land adjacent to each other and lying on the northerly side of College Road in East Dover Hundred Kent County and State of Delaware each of said lots having a frontage on said College Road of 50' or on aggregate frontage of 100' and running back from said road with that width 200' and containing 20,000 square feet of land more or less being lots numbers 143 and 144 on a plat of lots of College Settlement Company, recorded on the Recorders Office at Dover and for Kent County aforesaid, in Deed Record Book E, Vol. 80 Page 76.
2. That the election be held on the 25th day of May, 1989 commencing at the hours of 11:00 a.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED: April 24, 1989
Delmarva Power - Letter of Intent - 138kV Interconnection
In order to provide the new 138kV Interconnection point between the City of Dover and Delmarva Power, a Letter of Intent between the two parties is required. The final draft addresses concerns of both parties and strives to detail each party's involvement/responsibility. The ownership, maintenance, and operation of the new tap are addressed. Also included is the breakdown of costs of labor and equipment furnished by Delmarva Power.
The committee recommended approval of the Letter of Intent (as on file in the Office of the City Clerk).
Mr. VanSant moved for acceptance of the committee's recommendation to approve the Letter of Intent between the City and Delmarva Power regarding the new 138kV Interconnection. The motion was seconded by Mr. Levitt and carried by a unanimous roll call vote.
Bid - 138kV
The College Road Substation requires three (3) 13akV breakers. One of the breakers will be provided by Delmarva Power and the other two breakers will be provided by the City of Dover. Bids were received for the breakers with the low bid submitted by HESCO in the amount of $111,200. The engineer's estimate was $65,000 each.
The committee recommended that the bid be awarded to HESCO in the amount of $111,200 for the purchase of two (2) 138kV oil circuit breakers.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Levitt and carried by a unanimous roll call vote,
Capital Improvement Plan - Utilities Section
The committee reviewed the utilities sections (pages 30 - 117) of the 1989-1994 Capital Improvement Plan. Detailed review of each project was considered by the committee, noting that 75% - 80% of the projects have been a part of previous Capital Improvement Plans.
As recommended by the committee, Mr. VanSant moved for approval of the utilities portion of the 1989-1994 Capital Improvements Plan, seconded by Mr. Hall and unanimously carried.
By motion of Mr. Weyandt, seconded by Mrs. Legates, Council unanimously adopted all sections of the 1989-1994 Capital Improvements Plan.
Mr. VanSant moved for acceptance of the Utility Committee Report as submitted, seconded by Mr. Christiansen and unanimously carried.
SUGGESTED PRIORITIES FOR SUBURBAN STREET FUND REQUEST
State legislators have asked for projects which could be funded through the State Suburban Street Fund. The projects must be related to State-maintained streets within the City limits such as paving, storm water management, lighting and traffic control. A prioritized list was submitted for Council review.
Mrs. Legates moved for referral to the Utility Committee, seconded by Mr. Weyandt.
Mr. VanSant stated that Council has had ample opportunity to review the list and suggested approval as submitted.
Mrs. Legates withdrew her motion, as did Mr. Weyandt his second.
Mr. VanSant moved for approval of the Suggested Priorities for Suburban Street Fund Requests as submitted, seconded by Mr. Hall and unanimously carried.
CENTRAL DOVER AREA PLAN - PRELIMINARY APPROVAL - BOUNDARY, LAND USE, AND ZONING
In order for the City to maintain the momentum that has been achieved on the Central Area Plan, the Planner suggested that the City begin the task of formal acceptance of the plan. Issues of funding will be considered during the budgetary review process. The Planner recommended that the City proceed with the process of adopting specific elements of the plan, as follows:
1. Adopt the study area boundaries as depicted on Figure I of the plan which shall be designated as the limits of the area which shall be hereinafter referred to as the Dover Central Area.
Generally, the boundaries are referenced from Wesley College, to the north, south to Kent General Hospital. The Conrail Railroad, to the west, east to the St. Jones River.
2.The proposed Land Use Plan for the Dover Central Area as depicted on Figure 6 of the Plan, to serve as a companion document to the official Comprehensive Land Use Plan and to be utilized as a guide for land use decisions and to assist in the establishment of long term policy objectives for the City of Dover which affect the Dover Central Area.
3. The proposed Zoning Plan as depicted on Figure 8 and the accompanying text on pages 45 through 52 of the plan which shall serve as a recommended zoning scenario for the Dover Central Area. It is important to emphasize that the adoption of the proposed zoning plan shall not represent nor otherwise be construed to represent comprehensive rezoning of the Dover Central Area. Rather, the purpose of the proposed zoning plan is to offer support to the achievement of the proposed Land Use Plan for the Dover Central Area.
Mr. Weyandt moved that the above items be referred to the Planning Commission for review and recommendation to Council. The motion was seconded by Mr. Lynn and unanimously carried.
ANNUAL MEETING - MAY 8, 1989 - APPOINTMENTS TO CITY OF DOVER COMMITTEES Mayor Richter reminded members of Council that committee appointments will be made during the May 8th Annual Meeting. An outline of the new committees will be forwarded to Council in the very near future. Mayor Richter asked that any member of Council wishing to be removed from a committee inform him as soon as possible.
Regarding the new concept of nine voting members of Council, Mr. VanSant stated that the traditional method of seating and roll call will no longer be possible. During the organizational process, he requested that Mayor Richter give consideration to an alphabetical roll call procedure. Mr. Christiansen voiced objections to the suggested change.
Mayor Richter stated that he will review the suggestion.
LAND PURCHASE CONTRACT
Mr. VanSant reported that the City has entered into an Agreement of Sale for the purchase of property, containing approximately 163 acres, located west of Dover, at a price of $10,000 per acre. The property is owned by August G. Schutte, Ellenine J. Hofmann, and Katherine M. Koblischek. The City is purchasing the property as a potential site of a new power plant and possibly a City park.
Mr. Weyandt objected to the term "possibly a City park" and requested that the sentence be amended to read, "The parties agree that Purchaser is buying this property in order to locate a power plant on the site and a City park".
Mayor Richter objected to the amendment, stating that the Agreement has been reviewed and agreed upon by both parties.
Mr. VanSant moved for approval of the purchase of approximately 163 acres, at $10,000 per acre, as identified in the Agreement of Sale (on file in the Office of the City Clerk), owned by Schutte, Hofmann, and Koblischek. The motion was seconded by Mr. Levitt and carried by a unanimous roll call vote.
CORRESPONDENCE
Request for Funds - Delaware Agricultural Museum
A request was received from Hope Schladen, Director-Curator of the Delaware Agricultural Museum, that the City contribute $500 towards the Museum's Great Country Fair which is scheduled for July 1, 1989. More than 1,600 people attended last year's fair which is an entertaining and educational reproduction of a 1890's agricultural fair.
Mr. Weyandt moved for referral to the Legislative and Finance Committee, seconded by Mr. VanSant and unanimously carried.
Edward L. Schulz - Endorsement of Central Dover Area Plan
A letter was received from Edward L. Schulz endorsing the recommendations of Urban Partners in their Central Dover Area Plan.
Mr. VanSant moved to acknowledge receipt and refer it to the City Planner, seconded by Mr. Lynn and unanimously carried.
A letter was also received from Jean Francis and Jean Shane concerning the Central Dover Area Plan. Mr. VanSant moved for acknowledgment of the letter and referral to the City Planner, seconded by Mr. Weyandt and unanimously carried.
Mr. Lynn moved for adjournment into open forum followed by an executive session to discuss legal and personnel matters, seconded by Mr. Weyandt and unanimously carried.
Meeting Adjourned at 8:30 P.M.
OPEN FORUM
Mayor Richter declared the open forum in session and reminded those present that Council is not in official session and cannot take formal action.
Caroline VonStetten - 28 Carnoustie Road
Mrs. Caroline VonStetten addressed Council concerning a proposal to develop low income housing on Walker Road. In reading a local newspaper, Mrs. VonStetten stated that she learned of a proposal by local developers to locate a low income housing project on Walker Road. Mrs. VonStetten reminded members of Council that low income housing is already available in this area (Liberty Court), very near the projected new development. Residents of the area object to segregating low income housing into one area of Dover. She raised the following questions:
1. Is this property a federal wetland area?
2. Is a variance necessary to run sewer lines through Kent Swim Club?
3. Where are the funds for the project coming from? If State funds are involved, then the taxpayers should have some input on the location of the project.
4. What is the average income of qualified users?
She requested that Council take action to stop development of the project.
Mayor Richter explained that Council was out of session, but would certainly take the concerns of Mrs. VonStetten and her neighbors under advisement.
Mrs. VonStetten acknowledged that City approval of the project is not necessary since the property is already properly zoned for apartments, but she requested that the City take immediate action to help residents in blocking development of the project.
William S. Hart - 11 Fairway Lakes Drive
Mr. William S. Hart addressed members of Council concerning the procedures utilized for the Open Forum section of the meeting. He objected to adjourning prior to the opening of the forum, stating that the inability of Council to take action during the forums is unfair to the citizens of Dover. He stated that this was a form of censorship and should not exist in our community. Mr. Hart felt that citizens should have every opportunity to address members of Council and to seek their assistance.
Ruth Tee - 822 Whiteoak Road
Ms. Ruth Tee of 822 Whiteoak Road addressed many issues of concern. She referred to problems with the Johnson property which is located near her home on Whiteoak Road, objecting to a recent building permit to complete renovations to the inside of the structure, feeling that the amount anticipated is insufficient to complete the renovations. Ms. Tee suggested that the City invest the necessary funds to purchase a sound decibel level, objecting to the noise generated from the recent outside music festival at Wesley College and to an outside intercom system utilized by a neighbor. Concerning the redevelopment of downtown Dover, Ms. Tee felt that a referendum should be held to obtain the consensus of the taxpayers prior to such an expenditure. Ms. Tee requested information from the City regarding the date of approval of the Comprehensive Plan and the date that the properties on Edgehill Avenue were rezoned to a commercial zoning.
Meeting Adjourned at 8:45 P.M.
DEBRAH J. BITTNER
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of April 24, 1989, are hereby approved.
JOHN E. RICHTER
MAYOR
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