REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 11, 2000 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. McGlumphy, Mr. Pitts, Mr. Gorman, Mr. Truitt, Mr. Carey, Mr. Salters and Mr. Weller. Mrs. Malone was absent.
Council staff members present were Chief Faulkner, Ms. Russell, Mr. O'Connor, Mr. DePrima, Mrs. Green and Mr. Rodriguez. Chief Carey was absent.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. 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.
Mr. Roy Bogus, 229 Frear Drive, relayed concerns with the proposed salary increase for members of City Council. He felt that people should not serve the City for monetary reasons but for pride in their accomplishments. He also indicated his opposition to the Schutte Park Project and that there should not be a tax increase to the citizens of Dover. It was his feeling that the uses for the proposed project would be the responsibility of our schools rather than municipality. Should the City move forward with the Schutte Park Project, Mr. Bogus suggested that outdoor basketball courts be considered as well as a swimming pool; however, having complete opposition to a tax increase, he suggested that private funds be raised to complete the project. He felt that there are several large corporations located in the City of Dover that would be willing to provide a substantial donation towards this project.
Ms. Ruth Tee, 822 White Oak Road, stated that the proposed salary increase for members of City Council is ludicrous. Instead of providing members with a salary increase, she suggested that the monies be allotted to the Police Department for an additional police officer. Ms. Tee advised members that today many citizens forego food in order to pay their taxes so that they can maintain their home and indicated concern that the citizens of Dover cannot afford an additional tax increase.
Ms. Tee indicated that there are residents on Greenhill Avenue, between White Oak Road and Maple Parkway, that use their yards as maintenance shops, parking vehicles and performing maintenance work. She requested that the City Planner investigate this matter and take appropriate action to prevent this type of use.
The invocation was given by Elder Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Council President Christiansen requested that item #6A - Appointment of City Chaplain, be considered as item #1A. Mr. Weller requested the addition of item #4C - Bid for Electric Stock Material. Mr. Carey moved for approval of the agenda as amended, seconded by Mr. Salters and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 28, 2000
The Minutes of the Regular Council Meeting of August 28, 2000 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Hutchison.
APPOINTMENT - CITY CHAPLAIN (COUNCIL PRESIDENT CHRISTIANSEN)
With the recent adoption of the ordinance that amended Section 2-74 and 2-75 of the Dover Code, which created the appointment of a City Chaplain, Council President Christiansen recommended the appointment of Elder Wallace Dixon as the City Chaplain for a one (1) year term to expire June 2001.
Mr. Salters moved for approval of the appointment of Elder Wallace Dixon as the City Chaplain, as recommended by Council President Christiansen. The motion was seconded by Mr. Weller and carried by a unanimous roll call vote (Mrs. Malone absent).
Elder Dixon introduced his family and thanked members for giving him the opportunity to serve the City in this way.
PUBLIC HEARING - REZONING OF PROPERTY LOCATED AT 1165 N. DUPONT HIGHWAY, OWNED BY DOVER DOWNS, INC.
A public hearing was duly advertised for this time and place to consider rezoning of property located at 1165 N. DuPont Highway, owned by Dover Downs, Inc. The property is currently zoned C-4 (Highway Commercial) and the proposed zoning is SC-1 (Neighborhood Shopping Center).
Planner's Review
The present zoning of C-4 permits service establishments, wholesaling and warehousing, bowling alleys, animal hospitals, motor vehicle service stations subject to conditions, manufacturing with less than 25 employees, printing establishments, drive-in facilities, motels and eating establishments, outdoor recreation facilities, auction establishments, theaters, places of worship, clubs, selling trailers and memorial stones, moving firms, trucking terminals, building contractors yards, office and retail establishments. The property currently consists of a 89,400 sq. ft. vacant building, formerly Lowes, and a 20,000 sq. ft. storage building.
The proposed zoning of SC-1 permits retail commercial complexes of three (3) or more establishments permitting convenience retail stores and service establishments such as drug stores, grocery stores, luncheonettes, variety stores; personal services, barber shops, beauty parlors, and tailors; business, professional, and governmental offices, public libraries, banks, and restaurants. The proposed use of the property is to create a shopping center by dividing the 89,400 sq. ft. building into three (3) or more tenant spaces.
The recommendation of the Planning Commission is for approval of the rezoning. In taking this position, the Commission considered the following points:
Surrounding Land Uses: To the north of this property, along Route 13, is a variety of commercial uses zoned C-4 and SC-3 (Shopping Center). To the east and behind the property is Dover Downs zoned RC (Recreation Commercial), to the south and along Route 13 is a variety of commercial uses zoned C-4 and SC-2. To the east and across Route 13 is Delaware State University zoned I/O (Institutional/Office).
Comprehensive Plan: The Comprehensive Plan designates this area for commercial uses. This rezoning is a lateral rezoning from one commercial zone to another.
Other Considerations: The owner of the property would like to divide the existing 89,400 sq. ft. building into at least three (3) separate store locations. Under the current zoning, three (3) or more contiguous retail uses constitutes a shopping center and is not permitted in the C-4 zone; therefore, this rezoning is necessary. The building does not conform with certain aspects of the Shopping Center zoning specifically the side and rear yard requirements; however, if the rezoning is approved, these aspects of the building will be considered to be legal and non-conforming. Any building addition will be required to meet the standards.
At the time the building is converted to a shopping center, the City will perform an administrative site plan review. Although it appears that all code requirements are being met, a more detailed review may result in required improvements to the property. Staff concurred with the recommendation of DelDOT that the southern entrance be removed.
Recommendation of Planning Staff: Considering that the proposal is consistent with the Comprehensive Plan and is compatible with the surrounding land uses, staff recommended approval of the rezoning.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. Greg Moore, BM2OR, stated that as engineer and architect working with Dover Downs, he was present to answer any questions that members may have regarding the proposal.
Council President Christiansen declared the hearing closed.
Mr. Weller moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Salters and by a roll call vote of seven (7) yes, one (1) abstention (Mr. McGlumphy), and one (1) absent (Mrs. Malone), Council adopted the following ordinance (the first reading of this ordinance was accomplished during the Council Meeting of July 24, 2000):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1165 N. DUPONT HIGHWAY.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from C-4 (Highway Commercial) to SC-1 (Neighborhood Shopping Center).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1.That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from C-4 to SC-1 on that property located at 1165 N. DuPont Highway, owned by Dover Downs, Inc.
ADOPTED: September 11, 2000
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on August 28, 2000 with Chairman Salters presiding.
Review of Investment Policy
In 1998, the City of Dover initiated an Investment Policy to formalize the objectives and provide parameters of investments for all City funds. In accordance with Section 14.0 of the policy, it is to be reviewed at least once every two (2) years for possible modifications.
Staff recommended reaffirmation of the current Investment Policy.
During the committee meeting, Mr. Carey requested that Page 2, Section 4.3, Delegation of Authority, of the Investment Policy, which reads “... records of the City’s investment activities are kept for at least three years...”, coincide with Page 5, Section 7.6.2.5, Internal Control on Such Transactions, which reads “... records will be kept on City records for ten (10) years.”
The committee recommended acceptance of the Investment Policy with an amendment to Section 4.3 for maintaining records for ten (10) years.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Carey and unanimously carried.
Proposed Budget Revisions
To meet the changing needs of the City’s operations and to update revenues, the City revises the budget two (2) or three (3) times a year. The Finance Director/Treasurer submitted the first proposed revisions to the 2000/2001 budget.
The committee recommended acceptance of the proposed budget revisions, as recommended by staff.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Carey and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Request for Senior Accountant Position
Members considered a request from Mr. Karia, Finance Director/Treasurer, proposing the addition of a Senior Accountant Position to the Finance Department. Mr. Karia indicated that the Finance Department continuously has the need for a professional with accounting, finance, and analytical skills. He stated the need is relative to the Comprehensive Annual Financial Report, Citizens Report, Monthly Budget Reports, Assets Accounting, Bond Projects, Banking Activities, and all accounting activities including General Ledger, Payroll, Accounts Payable, Grants Accounting, and preparing IRS forms. With the quantity of this type of work increasing, such a position is needed at this time. Staff recommended the creation of a Senior Accountant position in the Finance Department.
During the committee meeting, Mayor Hutchison reminded members of the retirement plans of Mr. Karia and questioned who would be responsible for the hiring of the new employee, feeling that that the new Finance Director/Treasurer should be involved in this process.
The committee recommended approval of staff’s recommendation, authorizing the creation of a Senior Accountant Position for the Finance Department.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy.
Feeling that it is critical for the new Finance Director/Treasurer to be involved in filling the new position and considering that the appointment of a new Finance Director/Treasurer would be occurring in the near future, Mr. Carey moved to table action. The motion failed due to the lack of a second. Mr. Carey explained that not only should the new Finance Director/Treasurer be involved in filling the new position but they should also be given the opportunity to determine if there is, in their opinion, the need for the additional employee and/or at that particular level.
On a call for the question by Mr. Salters, the motion authorizing the creation of a Senior Accountant Position for the Finance Department was carried by a roll call vote of five (5) yes, three (3) no (Mr. Carey, Mr. Weller, and Council President Christiansen), and one (1) absent (Mrs. Malone).
Proposed Zoning Ordinance Amendments - Site Plan Review; Building Elevation Drawings
As the City of Dover continues to grow and becomes denser, the physical appearance of buildings, their relationship to one another, and their contributions to the overall image of Dover has emerged as an area of growing concern. For these reasons, the Planning Commission recommended approval of the four (4) proposed zoning ordinance amendments, as follows:
→ Article 10 - Planning Commission, Section 1.6 - Submission Requirements Accompanying Applications for Conditional Use Permits, Subsection 1.65 - Proposed Development
→ Article 10 - Planning Commission, Section 1 - Site Development Plan Approval, Subsection 2.2 - Objectives
→ Article 10 - Planning Commission, Section 2.5 - Site Development Plan Elements, Subsection 2.54 - Proposed Development
→ Article 5 - Supplementary Regulations, Section 19 - Building and Architectural Design Guidelines
The amendments would give the Planning Commission the authority to consider physical orientation and architectural characteristics of proposed buildings and their relationship to existing buildings.
Included in the amendments would be the creation of an Architectural Review Oversight Subcommittee. For those projects that do not meet architectural guidelines, the Planning Commission would refer them to the Oversight Committee. The committee, which will include design review professionals, would be charged with reviewing the project and forwarding their recommendation to the Planning Commission for consideration.
The committee recommended approval of the zoning ordinance amendments, as recommended by the Planning Commission. (Noting that a public hearing is required, it was recommended that a public hearing be scheduled for September 25, 2000 at 7:30 p.m.).
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Carey and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. McGlumphy and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on August 28, 2000 with Chairman Weller presiding.
Annexation Request - Properties Located on the northeast intersection of Route 13 and Rustic Lane, owned by Marvin Faircloth, Jr. and Thomas F. David (Equitable Owner - Wawa, Inc.)
Members considered an annexation request for properties located on the northeast intersection of Route 13 and Rustic Lane, consisting of 3.7 acres. The properties are owned by Marvin Faircloth, Jr. and Thomas F. David. The equitable owner is Wawa, Inc.
The Planning Commission recommended approval of the annexation. The Interim Annexation Policy considers this area as most desirable due to its proximity to existing services. The annexation of such under-developed properties is in conformance with the City’s annexation policy and Comprehensive Plan. These properties are located in a very visible part of the gateway into the City and having these properties developed under the guidelines of City Ordinances and the Planning Commission would help insure that it maintains a very high quality appearance.
The committee recommended approval of the Planning Commission’s recommendation for annexation of the properties located on the northeast intersection of Route 13 and Rustic Lane.
Mr. Weller moved for approval of the committee’s recommendation, seconded by Mr. Carey and unanimously carried.
Cheswold Aquifer Well Program - Change Order #1
During the Regular Council Meeting of April 10, 2000, City Council awarded a bid to American Water Well Systems (Seaford, Delaware), in the amount of $134,112 to construct two (2) groundwater production wells. The new wells will replace Well #13 which was abandoned in the late 1980's. In addition, the new wells will help the City recover well yield losses from its existing Cheswold wells which have occurred over the last 15 years. The original contract included all costs to drill and test two (2) large diameter groundwater wells. A proposed pump and motor size was included in the original drilling specifications. Since the original contract was awarded, the wells have been drilled and the required pump tests have been completed.
Phase 2 of the program includes the installation of the miscellaneous piping, valves, and metering necessary to deliver the water supply from the new production wells to the City’s water distribution systems. A change order has been received from American Water Well Systems in the amount of $59,928 to install the miscellaneous piping, valves, and metering. The change order also includes an upgrade to the original pump proposal due to the anticipated increase in well yield. This change order will increase the contract amount from $134,112 to $194,040. The pump tests and change order have been evaluated by Davis, Bowen & Friedel and have been found to be acceptable.
Staff recommended that a change order be made to American Water Wells Systems in the amount of $59,928.
The committee recommended approval of staff’s recommendation.
Mr. Weller moved for approval of the change order with American Water Wells Systems in the amount of $59,928, as recommended by the committee. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote (Mrs. Malone absent).
Bid - Electric Stock Materials
During the committee meeting held earlier this evening, members reviewed bids for electric stock materials. The Electric Department uses many items for maintenance and extensions. Staff prepared a list of frequently used items, totaling 672, and solicited bids. The City has been purchasing electric stock material through a blanket bid process for several years. It has proven to be very cost effective as vendors will guarantee their bid price for materials during the entire year.
Upon evaluation, staff recommended awarding the bids as follows:
Dixie Electric - $126,278.20
Indusco Supply - 6,984.00
National Transformer - 8,650.00
Rigby Electric Supply - 30,047.54
Tecot Electric - 14,668.39
Tristate Electrical - 30,513.92
United Electric - 6,973.98
Vanyo Supply - 396,289.80
Wesco - 808,546.50
Material quantities are estimated on projected usage and only needed materials will be ordered and paid for accordingly. The bids are based on an estimated maximum amount of purchases to be made from that vendor based on historical purchases.
The committee recommended approval of staff’s recommendation for the purchase of electric stock materials from vendors as indicated.
Mr. Weller moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Malone absent).
Mr. Weller moved for acceptance of the Utility Committee Report, seconded by Mr. Carey and unanimously carried.
COMMUNICATIONS COMMITTEE REPORT
The Communications Committee met on August 30, 2000 with Chairman Weller presiding.
Rate Filing by Comcast Cablevision, Inc. for Basic Cable Service
Mr. Weller reported that Comcast Cablevision of Delmarva, Inc. (Comcast) filed FCC Form 1240, relating to the basic cable service rate and Form 1205, relating to equipment installation and service charges. It was noted that the forms were filed with the City August 1, 2000, for rates to become effective November 1, 2000, and that the City has 90 days to act. In summary, the filings indicate that the rate for basic cable service is calculated to increase to $17.88 per month as compared to the current rate of $16.06. Various equipment and installation charges are also calculated to change (some to increase and others to decrease). Comcast indicated that they do not intend to raise the rate for basic cable service and that the service charges for equipment and installation which are lower than the current rates will be reduced.
Mr. Weller advised members that the Communications Committee held a public hearing on August 30, 2000 and that no member of the public was present to comment on the rate filing.
The Communications Committee recommended adoption of the FCC Form 1240 and FCC Form 1205 as filed by Comcast for rates to be effective November 1, 2000 through October 31, 2001.
Mr. Weller moved for approval of the Communications Committee’s recommendation, seconded by Mr. Salters and carried by a roll call vote of seven (7) yes, one (1) no (Council President Christiansen), and one (1) absent (Mrs. Malone).
Televising Council Committee Meetings
Members were advised of previous informal discussions held with representatives of Comcast regarding the possibility of televising committee meetings live on Channel 24. It was felt that detailed discussions occur during the committee meetings and those actions and discussions are formalized at Council meetings. It was also felt that since it is during the committee meetings that the different points of views are presented and a consensus is built by discussing items, the public would be made aware of why members vote for or against particular items during the Council meeting.
Mr. Worley, representing Comcast, explained that there is only one (1) full-time employee to provide this service and that students from area high schools assist, which is why it is difficult to provide this service. He stated that to provide this service, four (4) to six (6) individuals are required to operate the cameras and to work in the mobile broadcast vehicle.
Since items discussed at a committee meeting are typically not considered by Council for action that evening, members questioned the possibility of taping committee meetings and having them air at a later date. However, it was felt that viewers prefer to watch “live” discussions.
The committee recommended that Comcast be requested to televise committee meetings.
Mr. Weller moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Salters and unanimously carried. Mr. Weller indicated that staff will be working with Comcast on this issue to develop a possible resolution.
Mr. Weller moved for acceptance of the Communications Committee Report, seconded by Mr. Salters and unanimously carried.
FIRST READING - PROPOSED ORDINANCE
Mr. Weller moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Salters and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of September 25, 2000.
Mr. Weller moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Salters and unanimously carried:
►BUDGET REVISIONS
FIRST READING - PROPOSED ORDINANCES
Mr. Weller moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Salters and unanimously carried. Since these are amendments to the Zoning Code, a Public Hearing is required. It was recommended that the Public Hearing be set for September 25, 2000 at 7:30 p.m. Council President Christiansen reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of September 25, 2000.
Mr. Weller moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Salters and unanimously carried:
SITE PLAN REVIEW: BUILDING ELEVATION DRAWINGS
►Article 10 - Planning Commission, Section 1.6 - Submission Requirements Accompany Applications for Conditional Use Permits, Subsection 1.65 - Proposed Development
►Article 10 - Planning Commission, Section 2 - Site Development Plan Approval, Subsection 2.2 - Objectives
►Article 10 - Planning Commission, Section 2.5 - Site Development Plan Elements, Subsection 2.54 - Proposed Development
►Article 5 - Supplementary Regulations, Section 19 - Building and Architectural Design Guidelines
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of August 28, 2000.
Article X - Deferred Compensation Plan
Mr. Carey moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Weller and unanimously carried.
Mr. Carey moved for adoption of the following ordinance, seconded by Mr. Weller and carried by a unanimous roll call vote (Mrs. Malone absent):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article X - Deferred Compensation Plan be amended as follows:
Section 2-211 - Definitions
By amending the first Paragraph of Section 2-211 to read as follows:
As indicated in this article, unless the context otherwise clearly indicates or the deferred compensation plans contradict, the following terms shall mean as indicated below:
By amending the definition of “Participant” as indicated in Section 2-211 to read as follows:
Participant: Any eligible employee of the city who has met all of the requirements for participation in the deferred compensation plan and has, upon employment, made an irrevocable election to participate in the deferred compensation plan as defined in this section and who has satisfied all the conditions and requirements set forth in this article and in the provisions of the plans.
Section 2-212 - Plan Established; Purpose
By amending the first Paragraph of Section 2-212 to read as follows:
There is hereby established “The City of Dover Employees Deferred Compensation Plan.” The purpose of the plan is to establish the basic terms and conditions under which employees shall participate in this plan. Further detail, terms and conditions under which retirement, termination, and survivor benefits shall be provided to eligible employees are defined in the deferred compensation plans.
Section 2-214 - Contributions
By amending paragraphs (a) and (b) of Section 2-214 to read as follows:
(a) Employee contributions. For each year while a participant of the deferred compensation plan, a participant shall contribute by payroll reductions an amount equal to at least three (3) percent of his compensation, which shall be a participant’s base pay plus scheduled overtime, payment for being on-call, except those hours reported for being called out, and any retroactive pay corrections which involve any one of the mentioned payments up to the legal limits as defined in the deferred compensation plan.
(b) Employer contributions. The city shall contribute an amount equal to each individual’s employee contributions to a maximum of six (6) percent of an employee’s compensation, which shall be a participant’s base pay plus scheduled overtime, payment for being on-call, except those hours reported for being called out, and any retroactive pay corrections which involve any one of the mentioned payments for each participant.
ADOPTED: September 11, 2000
Mr. Weller moved for adjournment, seconded by Mr. McGlumphy and unanimously carried.
Meeting Adjourned at 8:05 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of September 11, 2000, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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