REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 13, 2003 at 7:30 p.m. with Council President Carey presiding. Council members present were Mr. Ritter, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. McGlumphy, Mr. Speed, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Mr. Cooper, Mrs. Mitchell, Ms. Melson, Fire Chief Bashista, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, and Mayor Hutchison.
Council President Carey welcomed the Mayor and Fire Chief to the Dais.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Carey 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.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. McGlumphy requested the addition of item #4-F, Acknowledgment of Receipt of the PAS Compensation and Classification Study. Council President Carey requested the deletion of item #8, Appointment of City Planner, explaining that all the necessary background information had not been received.
Mr. Truitt moved for approval of the agenda, as amended, seconded by Mr. McGlumphy and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 9, 2002
The Minutes of the Regular Council Meeting of December 9, 2002 were unanimously approved by motion of Mr. McGlumphy, seconded by Mr. Ritter and bore the written approval of Mayor Hutchison.
PUBLIC HEARING/FINAL READING - PROPOSED ZONING ORDINANCE AMENDMENTS
A public hearing was duly advertised for this time and place to consider approval of proposed zoning text amendments to Article 3 - District Regulations, Section 2 - General Residence Zones (RG-1 and RG-2); Article 12 - Definitions; and Article 7 - Nonconforming Buildings and Uses, within the Zoning Code. Members were reminded that the Planning Commission recommended approval of the proposed amendments.
The proposed ordinances were reviewed by the Legislative and Finance Committee and approved by City Council during their meeting of December 9, 2002, at which time the First Reading of the proposed amendments was accomplished. Since the ordinances will amend the zoning text, a public hearing is required.
Ms. Melson, Interim City Planner, reminded members that the amendments would have the effect of prohibiting, as a matter of right, the creation of multi-family dwellings and other structures in the RG-1 (General Residence) Zoning District. The creation of rooming houses in the RG-1 and RG-2 Districts would also be prohibited. The amendments would have the effect of establishing “student homes” and “multi-family dwellings” as uses that require Conditional Use Approval by the Planning Commission. A minimum siting and bulk criteria, allowable occupancy, and licensing requirements for student homes would be established. Ms. Melson also explained that the amendments include a compliance provision for those properties that already exist as student homes and stipulate that “grand-fathering” shall be limited to existing location and exemption from the initial Conditional Use Approval process only. A reasonable time period of six (6) months for existing student home uses is provided for those to be brought into conformity with all other aspects of these amendments.
Council President Carey declared the hearing open.
Mr. Joe Caputo, 237 North Governors Avenue, stated that he is representing property owners of the neighborhood and relayed appreciation to the committees and members of Council for the concerted effort put forth in establishing these amendments, which they support completely.
Mr. Matt Allen, 227 Heather Drive in Clayton, relayed his appreciation to the Mayor and Council for giving the students the opportunity for input with regards to the proposed amendments. He indicated some reservations with the requirement for a distance of 500' between student homes and suggested that, as a compromise, action be delayed for one (1) year to allow the students and college the opportunity to resolve some of the concerns in the area.
Council President Carey declared the hearing closed.
Mr. Salters moved that the Final Reading of the proposed zoning text amendments be acknowledged by title only, seconded by Mrs. Williams and unanimously carried. The First Reading of these ordinances was accomplished during the Council Meeting of December 9, 2002.
Mr. Ruane moved for adoption of the following ordinances, seconded by Mr. McGlumphy and carried by a roll call vote of eight (8) yes, and one (1) no (Mr. Speed):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Appendix B - Zoning, Article 3 - District Regulations, Section 2 - General Residence Zones (RG-1 and RG-2), of the Dover Code be amended by deleting Subsection 2.12 in its entirety and inserting in lieu thereof:
2.12 Garden Apartments limited to placement within the RG-2 District only.
ADOPTED: JANUARY 13, 2003
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Subsection 2.4 of Appendix B - Zoning, Article 3 - District Regulations, Section 2 - General Residence Zones (RG-1 and RG-2), of the Dover Code be amended by adding paragraphs (b) and (c) as follows:
(b) Student homes subject to the following siting and bulk criteria:
i.No student home shall be located closer than 500 feet from any other student home.
ii.The maximum allowable occupancy shall be four (4) persons or the occupancy limit as determined by the building and fire codes adopted by the City of Dover, whichever is less.
iii.Two (2) off-street parking spaces shall be provided per dwelling unit.
iv.A student home shall not be permitted to be established within any semi-detached dwelling, duplex dwelling, group dwelling, or townhouse dwelling unit.
v.Buildings or groups of buildings on the same lot with fifteen (15) or more units on the lot shall not be subject to the student home regulations.
vi.Student homes shall be licensed under Chapter 10, Housing Code, Article V, Rental Dwellings, of the Code of Ordinances.
vii.Student homes shall be subject to the provisions of Chapter 10, Housing Code, Article III, Leases, of the Code of Ordinances.
viii.This ordinance establishing student homes by definition and as a conditional use shall become effective upon passage of the ordinance (January 13, 2003).
(c) Multiple dwellings including conversions of single family dwellings to multi-family residential dwellings.
ADOPTED: JANUARY 13, 2003
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Appendix B - Zoning, Article 3 - District Regulations, Section 2 - General Residence Zones (RG-1 and RG-2), of the Dover Code be amended by deleting Subsection 2.14 in its entirety.
ADOPTED: JANUARY 13, 2003
Mr. Ruane moved for adoption of the following ordinance, seconded by Mr. McGlumphy and carried by a roll call vote of eight (8) yes, and one (1) no (Mr. Speed):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Appendix B - Zoning, Article 12 - Definitions, of the Dover Code be amended by inserting the following definition in the correct alphabetical location:
Student Home: The term “student home” shall mean “a building, structure, dwelling or other form of construction that provides domicile and living arrangement for three (3) or more students, unrelated by blood, marriage, or legal adoption, that are matriculated students at a college or university, or that are in the process of attending a college or university, or who are on a semester or summer break from studies at a college or university, or any combination of such persons”. The term “student home” shall not be construed to include or be synonymous with the terms “fraternity house, sorority house, dormitory, community residential treatment center, homeless shelter, or halfway house.” A “student home” is subject to the provisions of Appendix B - Zoning, Article 3 - District Regulation, Section 2 - General Residence Zones (RG-1 and RG-2), Subsection 2.4 (b).
ADOPTED: JANUARY 13, 2003
Mr. Ruane moved for adoption of the following ordinance, seconded by Mr. Pitts and carried by a roll call vote of eight (8) yes, and one (1) no (Mr. Speed):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Appendix B - Zoning, Article 7 - Nonconforming Buildings and Uses, Section 1 - Nonconforming Buildings and Uses, of the Dover Code be amended by adding Subsection 1.6 to read as follows:
1.6 Residential occupancies that meet the definition of “student home” as provided in Article 12 of this Ordinance, that can be proven to have been in existence as a student home use prior to the enactment of regulations governing student homes, shall be permitted to remain as legal non-conforming uses as to location and shall not be subject to the Conditional Use Approval requirements set forth in Article 10, Section 2 provided that all such uses shall be made to conform with all other provisions of Article 3, Section 2.4, Subsection (b) with regard to licensing as a student home, off-street parking requirements and number of students in residence in the student home, within six (6) months of the effective date of the ordinance amendment establishing Article 3, Section 2.4, Subsection (b). Documentation to prove that a student home use existed prior to the enactment of this ordinance shall be limited to executed lease agreements, City of Dover licensing data, and/or sworn legal affidavit from the owner of record of the property. Failure to bring a non-conforming student home use into compliance within the specified six (6) month period shall be deemed a violation of this ordinance and subject to penalties as set forth in Article 8 of the Zoning Ordinance and all applicable provisions of Dover Code of Ordinances.
Any student home use that existed prior to the enactment of this ordinance that ceases to exist or that is changed to any form of occupancy other than a student home use for a period in excess of 120 days, shall not be reactivated as a student home use without Conditional Use approval as set forth in Article 3, Section 2.4 and Article 10, Section 1 of this ordinance.
ADOPTED: JANUARY 13, 2003
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on November 25, 2002 with Chairman Pitts presiding.
Review - Winter and Summer Programs and Future Recreation Facilities
Mr. Zachary Carter, Parks and Recreation Director, reviewed the winter and summer programs offered by the City of Dover. He advised members that in September, a letter was received from the Capital School District informing him that they would not be able to accommodate the request of the City for use of their facilities for the winter programs. As a result, meetings were held and Mr. Carter reported that the Capital School District has agreed to provide some space for the winter programs. Mr. Carter stated that Dr. Thomas, Superintendent of the Capital School District, has been very supportive of the City’s efforts and working with the community in making the schools available for the City’s use.
During the committee meeting, Mr. Carter briefed members of the various programs offered by the City and the number of participants. He also advised members of those in the community that are utilizing the City parks. The goal of the City of Dover Parks and Recreation Department is to provide the Dover community with a broad, varied and interesting selection of recreational programs and activities. He assured members that the City’s parks are used in a positive manner. Mr. Carter alluded to the fact that there is a dire need for some type of indoor recreation facility. He noted that the registration for City activities and events are always at their maximum. He also explained that during the super summer program, there are excessive hot/humid days that require the children to be indoors as well as other situations that require use of an indoor facility.
Mr. Pitts advised members that there was a survey conducted several years ago regarding the City’s parks and recreation programs, and what is now occurring is what the survey results had indicated. He stated that the need for an indoor facility will continue to increase and suggested that members of Council consider the possibility of resolving this matter in the near future.
The committee took no further action.
Mr. Pitts moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Salters and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on December 9, 2002 with Chairman Salters presiding.
City Reincorporation
The last reincorporation of Dover occurred in 1929 and, since that date, the Charter has been amended over 50 times, resulting in a legal researching nightmare in determining the most current provisions of the Charter. The reincorporation will result in a concise, single, complete document from which to operate, whether reviewing it as city officials, attorneys, or members of the general public. Members were provided the necessary legislation to reincorporate the City of Dover.
It was noted that legislation pertaining to the frequency of reassessment and the duration of liens has subsequently been signed by the Governor and would be included in the reincorporation. Staff suggested that members take advantage of this opportunity to correct a typographical error in the last paragraph of Section 44, regarding the City’s Annual Budget, by replacing “July” with “June”. Staff recommended adoption of the proposed Resolution requesting the General Assembly to reincorporate the City of Dover.
The committee recommended adoption of the proposed Resolution requesting the General Assembly to reincorporate the City of Dover, with the necessary adjustments to Section 44, and any other necessary bills which may follow, as recommended by staff.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and by a unanimous roll call vote, Council adopted the following Resolution:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the General Assembly of the State of Delaware is hereby requested that the Charter of the City of Dover be consolidated into one complete Act and in certain respects further amended and revised Subpart A, Charter, Sections 1 through 61, and Subpart B, Related Laws, Sections 1 through 3.
ADOPTED: JANUARY 13, 2003
Freedom of Information Act Policy
In accordance with 29 Del. C. §10003, it is the responsibility of the public body to establish rules and regulations regarding access to public records as well as fees charged for complying with Freedom of Information Act requests. Members were provided the Freedom of Information Act Policy for the City of Dover for their consideration. Staff recommended adoption of the policy as presented.
The committee recommended adoption of the Freedom of Information Act Policy for the City of Dover, as recommended by staff.
Mr. Salters moved for approval of the committee’s recommendation (Exhibit #1), seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
Review of Employee Handbook
Members were provided a draft update of the Employee Handbook for their review and were requested to provide any recommended changes to the City Manager, Mr. DePrima, within 30 to 45 days for a report back to the committee. Mr. DePrima noted that a draft was also provided to the union leaders for their review and comment since it is referenced in the union contracts.
Mr. Frank Szyjka, Human Resources Director, noted the major changes to the document and indicated that additional comments would be incorporated into a final document which should be ready for review in mid-January or early February.
The committee took no further action.
Mr. Salters moved for acceptance of the report by consent agenda, seconded by Mr. McGlumphy and unanimously carried.
Draft Revenue Manual
Members were provided a Draft Revenue Manual for their review and were requested to provide the City Manager, Mr. DePrima, with any comments or concerns within the next 30 days for a report back to the committee. Mr. DePrima noted that the Manual includes the following:
• A list of the top revenue sources over the past three (3) years
• Recommended guidelines for how often the manual should be updated and how often different revenues should be reviewed. Introduces the concept of revenue indicators that relate revenues to three (3) expense categories (Public Safety, Landfill, and Streets)
• An inventory of all revenue sources with detailed information on rates, dates established and last reviewed, projection method, collection method, and benchmarks
• List of potential new revenue sources that have been collected from various sources
• Indexes for revenue sources
The committee took no further action.
Mr. Salters moved for acceptance of the report by consent agenda, seconded by Mr. McGlumphy and unanimously carried.
Preliminary Revenue and Expenditure Estimates for FY 2003/2004
As requested by City Council, staff prepared very preliminary rough estimates of revenues and expenses for 2003/2004. Mr. DePrima emphasized that the figures were taken from the budget and, although the estimates are staff’s “best guess”, there is a wide margin for error in the estimates. He noted that the projections assume historic natural growth; however, they do not include proposed increases in taxes, water rates, licenses, or permits. Mr. DePrima also noted that adjustments have been made for pension and health care issues.
Mr. Speed requested the City Manager to provide the assumptions used in the projections and the calculation used to formulate those projections.
Mr. McGlumphy stated that he would like the City Manager to work within the projected numbers to provide a prioritized list of the most critical items. It was his feeling that unforseen circumstances could be dealt with if and when it became necessary. Mrs. Williams requested Mr. McGlumphy to provide the City Manager with some flexibility to deal with unforseen circumstances.
The committee recommended that the City Manager be directed to use the preliminary projected revenue figures of $58,791,329 - Electric Fund; $10,416,320 - Water/Wastewater Fund; and $20,092,839 - General Fund as the basis for the budget.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
Acknowledgment of Receipt - PAS Compensation and Classification Study
Mr. Salters moved to acknowledge receipt of the PAS Compensation and Classification Study for the City of Dover. The motion was seconded by Mr. McGlumphy and unanimously carried.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. McGlumphy and unanimously carried.
TRANSPORTATION COMMITTEE REPORT
The Transportation Committee met on December 16, 2002 with Chairman Ruane presiding.
AGENDA ITEMS FOR COUNCIL MEETING WITH SECRETARY HAYWARD
In preparation for the Council meeting with Secretary Hayward, the committee compiled a list of possible agenda items for discussion. It was the consensus of members that the following items be recommended to Council for placement on the agenda:
• DelTrac Signalization - feasibility of integrating Dover's traffic signals into the state's integrated transportation management system, which includes the continuous monitoring of current conditions and automatically adjusting traffic signals, etc.
• Signage on Route 13 and other major roadways - related to Tourism/Major Facilities
• SR1/Route 8 Interchange: traffic analysis update and traffic mitigation issues (e.g. Division Street Improvements)
• West Side of Dover: project update and related transportation improvements (e.g. Clarence Street extension, traffic circle)
• Public Transit
• South Dover Gateway Entrance to Dover (issue concerns the replacement of the Welcome to Dover sign maintained by the Central Delaware Chamber of Commerce on Rt 13 near the St. Jones Bridge with a new sign comparable to the Dover entrance sign at the North end-to include a variable electronic message)
Mr. Ruane advised members that Secretary Hayward, DelDOT, has confirmed a meeting date of February 24, 2003 at 1:00 p.m. and assured members that additional items can be added to the agenda.
Mr. Ruane moved that the proposed agenda items, as recommended by the committee, be adopted for the meeting with Secretary Hayward (DelDOT) on February 24, 2003 at 1:00 p.m. The motion was seconded by Mr. Speed and unanimously carried.
Mr. Ruane moved that Extension of Saulsbury Road - Eden Hill Farm Development be added to the agenda for February 24, 2003. The motion was seconded by Mr. Ritter and unanimously carried.
Process for Nominating City Projects
Members were explained the new process for nominating City projects for Transportation Enhancement Grants and advised that there is no longer a deadline for submitting projects. Mr. DePrima suggested that the City develop its own deadlines for projects for consideration. It was his feeling that each fall, the City Manager should convene a meeting of the Directors of the Planning, Public Works, and Recreation Departments to prioritize possible grant applications for presentation to the Transportation Committee for a recommendation to City Council. It was noted that projects are now evaluated by a project manager rather than by a committee.
The committee recommended that the City propose a Capital Improvement Plan Project for the Loockerman Street Gateway for consideration.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Salters and unanimously carried.
The committee recommended that a timetable be formalized by which projects are identified, presented to the Transportation Committee, and forwarded to City Council with a recommendation for inclusion in an Enhancement Grant.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Salters and unanimously carried.
Mr. Ruane moved for acceptance of the Transportation Committee Report, seconded by Mr. McGlumphy and unanimously carried.
SPECIAL UTILITY COMMITTEE REPORT
A Special Utility Committee Meeting was held on January 6, 2003 with Chairman Ruane presiding.
Briefing - Electric Rate Study - Burns & McDonnell
As a follow up to the Special Utility Committee Meeting of October 30, 2002, a presentation was given by Mr. Brian Farber, Project Manager with Burns & McDonnell, describing the “Revenue Requirement Review” Phase of the Electric Rate Study. Mr. Farber presented detailed information regarding the Review of Revenue Requirement Topics (as on file in the Office of the City Clerk) which, he explained, is necessary for moving forward with the next phase of the project, “Detailed Cost-of-Service”.
Mr. Ruane moved for acceptance of the Special Utility Committee Report, seconded by Mr. Ritter and unanimously carried.
MONTHLY REPORTS - NOVEMBER 2002
By motion of Mr. Salters, seconded by Mrs. Williams, the following monthly reports were accepted by consent agenda:
Budget Report
Chief of Police Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager's Report
Mayor's Report
Planning and Inspections Report
APPOINTMENT BY MAYOR HUTCHISON - DOWNTOWN DOVER DEVELOPMENT CORPORATION (BUSINESS REPRESENTATIVE) - EDWIN PEREZ
Mayor Hutchison recommended the appointment of Mr. Edwin Perez to serve on the Downtown Dover Development Corporation (business representative) to fulfill the unexpired term of Jeffery Fulgham, which will expire April 23, 2005.
Mr. Salters moved for approval of the appointment of Mr. Perez as recommended by Mayor Hutchison. The motion was seconded by Mr. Truitt and unanimously carried.
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of December 9, 2002.
Revised Budgets for FY 2002/2003
Mr. Speed moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mrs. Williams and unanimously carried.
Mr. Speed moved for adoption of the following ordinance, seconded by Mr. Truitt 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 amounts hereinafter named in various City funds are changed from the currently approved revenues/receipts and appropriations to the revised revenues/receipts and revised appropriations for use by the various departments of the Municipal Government for the fiscal year beginning July 1, 2002 and ending June 30, 2003:
A. GENERAL FUND
CURRENT ADDITIONS REVISED
RECEIPTS BUDGETS (REDUCTIONS) BUDGETS
Beginning Balance $2,076,463 $190,473 $2,266,936
CURRENT ADDITIONS REVISED
EXPENDITURES BUDGETS (REDUCTIONS) BUDGETS
Budget Balance $1,575,820 $190,473 $1,766,293
B. WATER/WASTEWATER FUND (Net $80,364)
CURRENT &#