REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 10, 1994 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Weyandt, Mr. Salters and Mr. Hare.
Council staff members present were Mr. Lucas, Mr. O'Connor, Mr. DePrima, Mrs. Boaman and Mr. Rodriguez. Chief Smith and Chief Baker were 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 rt-minded 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 Reverend Bradley, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Leary moved for approval of the agenda, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 26, 1994 Referring to the Council Meeting Minutes of September 26, 1994, Council President Christiansen requested that the record be amended to reflect that he abstained from voting on the confirmation of the election of Fire Chief and Second Assistant Chief. The Minutes of the Regular Council Meeting of September 26, 1994 were unanimously approved as amended by motion of Mr. Weyandt, seconded by Mrs. Malone, and bore the written approval of Mayor Hutchison.
PROCLAMATION - NATIONAL BUSINESS WOMEN'S WEEK The City Clerk read into the record the following Proclamation:
WHEREAS, National Business Women's Week has been observed annually since 192:3 to pay tribute to the business and professional women in the United States; and
WHEREAS, the working women in Dover maintain an outstanding record of achievement in bettering the quality of career and community life.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim October 16-22, 1994 as DOVER BUSINESS WOMEN'S WEEK in conjunction with National Business Women's Week.
The Proclamation was presented to Mrs. Fran Hettinger, Ms. Colleen Douglas, Ms. Mary Alice Tuttle and Ms. Wanda Freynick. On behalf of the Dover Business Women, Mrs. Hettinger conveyed appreciation to Mayor and Council for their recognition.
SPINAL HEALTH MONTH
The City Clerk read into the record the following Proclamation:
WHEREAS, doctors of chiropractic throughout the United States are active during October in a special community health program to improve the spinal health of our citizens since spinal integrity makes it possible for all the organs in the body to function most efficiently; and
WHEREAS, spinal health is essential for proper growth and development since millions of citizens are suffering from numerous illnesses and are unaware that these conditions may be related directly to spinal defects; and
WHEREAS, periodic chiropractic examinations can reveal spinal defects or distortions and increased awareness of the need for spinal health through chiropractic care can correct many illnesses which occur in other parts of the body; and
WHEREAS, poor spinal health costs our nation time, money and manpower, conversely, spinal health assures our nation a more efficient and productive citizenry; and
WHEREAS, the attention of every individual must be brought to the benefits of spinal health and the need for periodic chiropractic examinations since the science of chiropractic and the doctors who practice it have contributed greatly to better health of our citizenry by providing this specialized health care.
THEREFORE, BE IT RESOLVED, that the City of Dover officially joins with the Delaware Chiropractic Association in proclaiming the month of October as Spinal Health Month, and urges that this period be dedicated to informing the citizens of Dover of the health benefits of spinal integrity. The City of Dover further commends the doctors of chiropractic and the colleges of chiropractic for their efforts in the public's behalf, and specifically the doctors of chiropractic of the City of Dover for the community service programs.
The Proclamation was presented to Dr. Bryan Errico who offered further details on the nationwide event and expressed appreciation for the Proclamation.
PROCLAMATION - YEAR OF THE CELEBRATION OF THE UNITED NATIONS
The City Clerk read into the record the following Proclamation:
WHEREAS, the United Nations was founded at the end of World War 11 in an effort to vanquish aggression and to prevent further world wars; and
WHEREAS, in October 1995, the United Nations will celebrate the golden anniversary of its establishment-fifty years in which it has promoted peace and justice in the world, through feeding and clothing children in developing nations through UNICEF; battling such deadly diseases as AIDS and chicken pox through the World Health Organization; sending troops to keep peace in troubled areas of the world, including Cyprus, Lebanon, and Bosnia; sending nuclear weapons inspectors to Iraq, North Korea, and other nations; and keeping the peace in a variety of ways; and
WHEREAS, the United Nations helps in the fight against global narcotics traffic, scourges such as malnutrition and tuberculosis, and works toward the goal of a cleaner environment; and
WHEREAS, the Fiftieth Anniversary of this world body gives all Americans an opportunity to salute these efforts and to rededicate ourselves to the principles of respect for all peoples, world peace, and efforts at understanding and reconciliation among all peoples.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim that October 1994-October 1995 be known as the Year of the Celebration of the United Nations in the City of Dover and urge that the citizens use this time to renew and rededicate themselves in our own lives to realizing the principles of consensus and reconciliation upon which the United Nations was founded.
RESOLUTION - NATIONAL UNFUNDED MANDATES
By motion of Mr. Salters, seconded by Mr. Lambert, Council unanimously adopted the following Resolution:
WHEREAS, unfunded federal mandates on state and local governments have increased significantly in recent years without consideration of local circumstances or costs and subject municipalities to civil or criminal penalties for noncompliance; and
WHEREAS, excessive federal burdens on local governments force some combination of higher local taxes and fees and/or reduced local services and the federal government has imposed a freeze upon funding to help compensate for new mandates; and
WHEREAS, the cumulative impact of these legislative and regulatory actions directly affect the citizens of the City of Dover and surrounding towns and cities; and
WHEREAS, the National League of Cities is continuing its national public education campaign to help citizens understand and then reduce the burden and inflexibility of unfunded mandates, including a National Unfunded Mandates Week to be held October 24 - 30, 1994.
NOW, THEREFORE, BE IT RESOLVED that the City of Dover endorses the efforts of the National League of Cities and supports woking with NLC to fully inform our citizens of the impact of federal mandates on our government and their financial impact on our citizens.
BE IT FURTHER RESOLVED that the City of Dover resolves to continue our efforts to work with members of our Congressional delegation to educate them on the impact of federal mandates and actions necessary to reduce their burden on our citizens.
ADOPTED: October 10, 1994
RESOLUTION - GENERAL FOODS - 30 YEAR ANNIVERSARY
By motion of Mr. Leary, seconded by Mr. Hare, Council adopted the following Resolution:
WHEREAS, this year marks the 30th Anniversary of General Foods in the City of Dover; and
WHEREAS, through the years, General Foods has provided steady and gainful employment to thousands of our citizens, contributing to the economy of our city and to the vitality of the business community in Dover; and
WHEREAS, over the past 30 years, General Foods has made a significant impact on the revenues of the City of Dover in the way of property taxes, utilities and business licenses; and
WHEREAS, General Foods has always encouraged its leaders and employees to take an active role in civic affairs and has consistently supported community projects and organizations.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover extend congratulations to the General Foods Corporation on their 30th Anniversary in Dover.
BE IT FURTHER RESOLVED that the Mayor and Council convey sincere appreciation to General Foods for their many contributions and services to our community and offer best wishes for many years of continued success in the future.
ADOPTED: October 10, 1994
The Resolution and City Plaque were presented to W. Jack Henson, Human Resources Manager, and W. Frank Burja, Plant Manager, who relayed their appreciation to the citizens of Dover for their support over the past 30 years.
POLICE PENSION - CONFIRMATION OF ELECTION RESULTS
Due to the retirement and resignation of Lt. Robert Roswell, a vacancy was created on the Police Pension Board. In accordance with Section 18-47 (b) of the Pension Plan, notice of the vacancy was given to all members. Since only one nomination was received, a special election was not necessary. Captain J. Robert Mays, Jr. was nominated to serve the remainder of Lt. Roswell's term, which expires on January 31, 1995.
Mr. Hare moved for confirmation of the election of Captain J. Robert Mays, Jr. to Serve the remainder of Lt. Roswell's term, to expire on January 31, 1995. The motion was seconded by Mr. Salters and unanimously carried.
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of September 26, 1994.
Referring to a memorandum from City Planner, Tony DePrima, Mrs. Malone moved that action on approval of Section 11-8 - License Application (Bond Requirements) be tabled to allow time for the necessary changes to made and that the amended ordinance be placed on the next Council Meeting agenda for a first reading. The motion was seconded by Mr. Weyandt and unanimously carried.
Mr. Hare moved that the final reading of the proposed ordinances be acknowledged by title only, seconded by Mr. Salters and unanimously carried.
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Hare and carried by a unanimous roll call vote:
Section 13-38 - Parking Near Intersections
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DON"ER, IN COUNCIL MET:
That the Dover Code be amended by deleting Section 13-38 in its entirety and inserting in its place the following:
Section 13-38. Parking Near Intersections.
It shall be unlawful for any person to park, place, or keep any motor vehicle or other vehicle within the restricted distance of any street intersection. This distance shall be fifty (50) feet unless designated otherwise by the Chief of Police or the City Manager (or his/her designee). In any locations where this distance has been increased or decreased, the restricted distance shall be appropriately marked.
ADOPTED: October 10, 1994
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Hare and carried by a unanimous roll call vote:
Section 13-40 - Residential Parking
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Section 13-40 of the Dover Code by deleting the first sentence in its entirety and inserting in its place, the following:
Certain areas in the City, upon approval of the City Manager, Chief of Police and Chairman of the Safety Advisory Committee, will be eligible for residential parking stickers.
Amend Section 13-40 of the Dover Code by deleting Subsection (1)c in its entirety and inserting in its place, the following:
c. Residential parking area: An area with specified boundaries designated for residential parking and being eligible for residential parking stickers.
ADOPTED: October 10, 1994
Mr. Lambert moved for adoption of the following ordinance, seconded by Mr. Hare and carried by a unanimous roll call vote:
Article V - Wastewater Collection Impact Fees
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Dover Code be amended by deleting Article V, Wastewater Collection Impact Fees, Sections 22-257 and 22-258 in their entirety and inserting in their place the following:
ARTICLE V. WASTEWATER COLLECTION IMPACT FEES
Sec. 22-257. Establishment of equivalent dwelling units.
(a) Definitions. As used herein:
(1) "EDU(s)" means equivalent dwelling unit.
(2) "GPD" means gallon per day.
(b) Determination of EDU's for residential dwellings. Whenever by ordinance or by contract the city imposes or assesses wastewater collection charges or fees on the basis or EDU's an EDU shall be determined as defined in the most recent Impact Fee ordinance adopted by the Levy Court of Kent County. An EDU for a residential dwelling shall be determined as follows:
(1) Houses, dwellings, mobile homes and apartments with one kitchen and
one or more baths and bedrooms separate from kitchen. . . . . . . . . . . . . . . . . . 1.0 EDU
(2) Efficiency unit or cottage having a living space in one room and having
one bath. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 EDU
(3) Dwelling with one kitchen and one or more baths and bedrooms separate
from kitchen and attached to other dwellings or structures. . . . . . . . . . . . . . . .1.0 EDU
(c) Determination of EDU's for nonresidential establishments. Whenever the City imposes or assesses wastewater collection charges or fees on the basis of EDU's, the number of EDU's to be charged shall be determined using the appropriate “Specific Assessment” as defined in the most recent Impact Fee ordinance adopted by the Levy Court of Kent County. When users propose to discharge wastewater under circumstances other than the Specific Assessments defined by Kent County, the City's impact fee shall be calculated based on flow.
(d) Minimum EDU assigned. A minimum of one EDU will be assigned to each establishment. No fractional parts of EDU's will be assigned. Number of EDU's should be rounded up to the nearest whole number of EDU's.
(e) No EDU assigned. If an establishment does not have any physical facilities which have a load producing effect on the city's wastewater collection system, then the number of EDU(s) assigned to it shall be zero.
(f) Maximum EDU’s assigned. The City of Dover shall in no way charge an impact fee based on more than 100 EDU's per certificate of occupancy.
Sec. 22-258. Wastewater collection impact fee established; payment, credits.
(a) It is hereby determined that new users to be connected to the city wastewater collection system will cause a reduction in presently existing excess capacity and will eventually contribute to the need to expand the city wastewater collection system. Such new users should contribute capital to be used for the expansion of the city wastewater collection system. The city's engineers have determined that the calculation methods and procedures in the most recent Impact Fee ordinance adopted by the Levy Court of Kent County will be used to establish wastewater collection impact fees for new users based on the number of EDU's. A copy of this ordinance is on file with the City. A comprehensive study of the city wastewater collection system was completed and a master plan developed for the orderly expansion of the city's wastewater collection system (Whitman, Requardt and Associates, "City of Dover, Delaware, Wastewater System Master Plan," July 1997). It is in the best interest of the city and users of the city wastewater collection system to establish an impact fee.
A study of the city's wastewater collection system will be conducted as needed and the master plan updated accordingly, but not more frequently than every five (5) years.
(b) Every new user to be connected to the city wastewater collection system (except as otherwise provided in (c) herein) whether within the city's boundaries or outside the city's boundaries and receiving service through contract directly with the city, pay an impact fie based on the amount of EDU's to be generated by such new user. Commercial users at the time of plan submitted must submit their proposed fixture unit schedule for the construction. The purpose of the impact fee and the standard by which its amount is determined is as a contribution of capital toward the future expansion of the city wastewater collection system. The impact fee shall be adjusted, from time to time to reflect changing costs and it shall be in addition to all other charges and assessments made in connection with the furnishing of wastewater collection service. The amount of the wastewater collection impact fee shall be as adopted by the City Council, and which amount shall be kept in a separate, interest-earning expansion account and shall be used only for costs associated with the future expansion of the city wastewater collection system. This impact fee shall be in addition to any assessment or tapping fee.
(c) The wastewater collection impact fee will not be charged to owners of parcels who as of June 30, 1988, have a valid city building permit or an application for a city building permit filed with the city. The impact fee will be charged for all new construction to any property owner who acquires a building permit after June 30, 1988.
(d) Any person who connects to the city wastewater collection system after the date of this article will be credited with any EDU(s) existing on the property. As an example, if a house with an EDU is demolished and a structure with fifty (50) EDU's is put in its place, the owner shall pay a sewer impact fee based on forty-nine (49) EDU's. No EDU's shall be transferred from one property to another property whether or not such properties are owned by the same person without the approval of city council.
(e) All structures for which a certificate of occupancy has been obtained as of June 1, 1994 shall be exempt from a wastewater collection impact fee.
(f) All applicants for a building permit after June 1, 1994 which will initially be served by either private individual wastewater disposal systems or private wastewater treatment plants shall be subject to a deferred impact fee charge. Payment of the deferred impact fee charge shall not be required until such time as connection is made directly to the City's wastewater collection system. The amount of the charge shall be based on the prevailing impact fee at the time of connection. This fee shall be in addition to any assessment to tapping fee.
ADOPTED: October 10, 1994
Mr. Weyandt moved to adjourn, seconded by Mr. Hare and unanimously carried.
Meeting Adjourned at 8:50 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of October 10, 1994, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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