REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 10, 1994 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Hutchison, Mr. Salters and Mr. Hare.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Fire Chief Osika, Mrs. Green and Mr. Rodriguez.
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.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Reverend Komstedt, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mrs. Malone requested the addition of an executive session, following adjournment, for personnel and legal matters. Mr. Salters requested deletion of agenda item #6 (Proposed Option Agreement) and item #8D (Proposed Charter Changes). He explained that a public hearing is scheduled on the proposed Charter changes when Council action will take place. Mr. Lambert requested that the title of item #5 be changed to read "Cable Franchise Extension - Memorandum of Understanding".
Mr. Lambert moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 13, 1993
The Minutes of the Regular Council Meeting of December 13, 1993 were unanimously approved by motion of Mr. Salters, seconded by Mrs. Malone and bore the written approval of Mayor Knopf.
RESOLUTION - ROGER CARROW - RETIREMENT
By motion of Mr. Hare, seconded by Mr. Leary, Council unanimously adopted the following Resolution:
WHEREAS, Roger Carrow began his employment with the City of Dover Electric Department on January 13, 1969 as a First Class Lineman and climbed the career ladder to his current position of Line Crew Leader; and
WHEREAS, during his 25 years of dedicated service with the City of Dover Electric Department, Mr. Carrow played a vital role in the City's ability to serve its expanding electric service area; and
WHEREAS, after 25 years of loyal service to the City of Dover, Mr. Roger Carrow has chosen to retire.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council wish Mr. Roger Carrow a happy and healthy retirement and extend their sincere appreciation for the 25 years of faithful service to the City of Dover and its citizens.
ADOPTED: January 10, 1994
Since Mr. Carrow was unable to attend the Council Meeting, the City Manager will present the Resolution, Dover Cup and City Plaque to Mr. Carrow at a later date.
RESOLUTION - JAMES T. HARE - RETIREMENT
By motion of Mr. Hare, seconded by Mr. Leary, Council unanimously adopted the following Resolution:
WHEREAS, Mr. James T. Hare began his employment with the City of Dover Electric Department on December 17, 1973 as a Relief Operator at the McKee Run Generating Station and was promoted to Shift Supervisor in 1985; and
WHEREAS, during his 20 years of dedicated service with the City of Dover Electric Department, Mr. Hare was an integral part of the City's ability to serve its ever increasing electric service area; and
WHEREAS, after 20 years of loyal service to the City of Dover, Mr. James Hare has chosen to retire.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council wish Mr. James T. Hare a happy and healthy retirement and extend their sincere appreciation for the 20 years of faithful service to the City of Dover and its citizens.
ADOPTED: January 10, 1994
Since Mr. Hare was unable to attend the Council Meeting, the City Manager will present the Resolution, Dover Cup and City Plaque to Mr. Hare at a later date.
PRESENTATION - DONATION FROM WESTMINSTER VILLAGE - FIRE AND POLICE DEPARTMENTS
Mayor Knopf read into the record the following letter:
"Dear Mayor Knopf:
On behalf of the residents of Westminster Village, I wanted to personally thank you for the interest you have taken in the welfare of our retirement community; we have appreciated your visitations and responsiveness to our concerns, particularly in regard to establishment of the west Dover Fire Station.
I trust that you and the City Council are cognizant of the economic impact that Westminster Village has had on the City of Dover. Since 1987, we have invested over $10 million dollars in developing this campus, much of it going to local contractors; in opening our newer facilities in independent living, Westminster Village has paid over $85,000 in impact, building permits and inspection fees to the City of Dover in just the last three years.
Westminster Village currently provides jobs to approximately 130 individuals, many of whom live within the city limits, representing a gross annual payroll of over $2 million. In 1994, it is our expectation that we will pay the City about $110,000 for electricity and $24,000 for water and sewer services. We have brought many retirees to Dover from out-of-state, and kept several Dover seniors from leaving to find a suitable retirement community; I cannot even estimate the economic impact these individuals have on the City in terms of their shopping, banking, etc. Though Westminster Village is exempt from taxation, due to our nonprofit, charitable form of organization, I trust that you will agree our contributions to Dover have far outweighed our untaxed use of city services.
I am enclosing two checks of $1,000.00 each which I will ask you to forward to the appropriate offices. The checks represent gifts in recognition of our appreciation for the protection afforded our retirement community by the police and fire departments. Our elderly residents do not use many of the community services (e.g. public schools) for which taxes are usually needed, but we are dependent on and appreciative of the police and fire departments.
Thank you again for your attention and continued support of Westminster Village.
Sincerely,
Jeffrey L. Shireman
Administrator"
Mayor Knopf requested that those in attendance representing Westminster Village stand for a round of applause. He expressed sincere appreciation for the contribution to the community by Westminster Village.
ANNEXATION/REZONING - ROGER E. & KAREN L. HILL - 208 MIFFLIN ROAD
An annexation referendum was held on December 29, 1993 for property located at 208 Mifflin Road, owned by Roger E. and Karen L. Hill.
Referendum Results
The Assistant City Clerk reported that the referendum was held with only two eligible voters. Two votes were cast in favor of the annexation, with no votes cast against annexation. Mr. Salters moved for acceptance of the annexation referendum results, seconded by Mr. Hutchison and unanimously carried.
By motion of Mr. Lambert, seconded by Mr. Salters, Council adopted the following Resolution by a unanimous roll call vote:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
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, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
ALL that certain lot, piece or parcel of land and premises with the improvements thereon erected, situated in East Dover Hundred, Kent County and State of Delaware, lying on the West side of the blacktop public road leading from the Dover-Hartly Road (Delaware Route No. 8) to the Dover-Hazlettville Road, being parts of Lots Nos. 12 and 13 on a plot of lands of Atlantic Land Co., Inc., of record in the Office of the Recorder of Deeds at Dover, Delaware, in plot Book 3, Page 157, bounded on the North by Lot No. 11 and on the South by the residue of Lots Nos. 12 and 13, on the West by lands of Eugene B. Gaden et ux and on the East by the said blacktop public road and being more particularly described in accordance with a survey of Charles C. Brown, Engineer-Surveyor, dated July 23, 1973, as follows, to-wit:
BEGINNING at a point in the West right-of-way line of the aforesaid blacktop public road at distance of 1100.6 feet South of land now or formerly of Donald G. Carey et ux, said distance of 1100.6 feet being measured along the West right-of-way line of the said blacktop public road; thence binding with the South line of Lot No. 11 South 65 degrees 35 minutes West a distance of 262.3 feet to a point in line of lands of Eugene B. Gagen et ux; thence binding with the said Gagen lands South 24 degrees 25 minutes East a distance of 122.0 feet; thence binding with the residue of Lots Nos. 12 and 13 North 59 degrees 28 minutes East a distance of 273.13 feet to a point in the West right-of-way line of said blacktop public road; thence binding with the West right-of-way line of the aforesaid blacktop public road and along the arc of a curve to the right with a radius of 2894.9 feet a distance of 92.7 feet back to the place of Beginning, be the contents thereof whatsoever they may.
2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 11th day of January, 1994 at 12:01 a.m. o'clock.
ADOPTED: January 10, 1994
Public Hearing - Zoning Classification
The City Planner explained that the property proposed for annexation is a single family residence and did not require referral to the Planning Commission. The current county zoning classification for the property is RS-1 (Single Family Residence). The City Planner recommended that the property be given a City of Dover zoning classification of R-8 (Single Family Residence).
Council President Christiansen declared the public hearing open.
There was no one present wishing to speak during the public hearing.
Council President Christiansen declared the public hearing open.
Mr. Lambert moved that the property be rezoned R-8 (Single Family Residence) as recommended by the City Planner. The motion was seconded by Mr. Hare and by a unanimous roll call vote, Council adopted the following ordinance. (The first reading of the proposed ordinance was accomplished during the Council Meeting of November 22, 1993.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 208 MIFFLIN ROAD.
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 RS-1 - Single Family Residence (Kent County zoning classification) to R-8 - Single Family Residence (City of Dover zoning classification).
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 has been amended by changing the zoning designation from RS-1 (Kent County zoning classification) to R-8 (City of Dover zoning classification) on that property located at 208 Mifflin Road, owned by Roger E. and Karen L. Hill.
ADOPTED: January 10, 1994
ANNEXATION/REZONING - CHARLES W. AND CAMILIA M.B. SPIVEY - 188 MIFFLIN ROAD
An annexation referendum was held on December 29, 1993 for property located at 188 Mifflin Road, owned by Charles W. and Camilia M.B. Spivey.
Referendum Results
The Assistant City Clerk reported that the referendum was held with only two eligible voters. Two votes were cast in favor of the annexation, with no votes cast against annexation. Mr. Leary moved for acceptance of the annexation referendum results, seconded by Mr. Salters and unanimously carried.
By motion of Mr. Lambert, seconded by Mr. Salters, Council adopted the following Resolution by a unanimous roll call vote:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
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, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
ALL that certain lot, piece, or parcel of land situated in a subdivision known as ATLANTIC LAND COMPANY, INC., East Dover Hundred, Kent County, Delaware, being all of lot #10 as shown on a plan recorded in plot book #3, page #157, being more recently shown on a plan of ELLIOTT SURVEYING dated 7/6/92, said lot lying on the Westerly side of Mifflin Road (60 feet wide), and being bounded as follows; on the North by lot #9, on the East by Mifflin Road, on the South by lot #11, and on the West by lands now or late of Eugene B. and Sophia D. Gagen; being more particularly described as follows:
BEGINNING at a point on the Westerly side of Mifflin Road, a corner for this lot and lot #11, said point being located the following four (4) courses and distances from the intersection of the Northerly side of County Road #73, extended, with the Westerly side of Mifflin Road extended, said courses are as measured along the Westerly side of Mifflin Road: (1) North 9 deg. 30 min. West 358.10 feet, thence (2) By the arc of a circle curving to the left (R=1116.30 feet) a distance of 443.80 feet; thence (3) North 32 deg. 16 min. 30 sec. West 168.90 feet; thence (4) By the arc of a circle curving to the right (R=2894.90 feet) a distance of 230.70 feet to a point, the point of beginning; thence from the said point of beginning the following four (4) courses and distances: (1) South 65 deg. 35 min. 00 sec. West 254.71 feet, measured along line of lot #11, to a point in line of lands of the said Gagen; thence with the same (2) North 24 deg. 25 min. 00 sec. West 100 feet to a point, a corner for lot #9; thence with the same (3) North 65 deg. 35 min. 00 sec. East 250.73 feet to a point on the Westerly side of Mifflin Road, a corner for this lot and the said lot #9, said point being located the following two (2) courses and distances from a point on the Westerly side of Mifflin Road at a corner for the above noted subdivision and lands now or late of Donald G. Carey, said courses are as measured along the said side of Mifflin Road: (1) South 24 deg. 25 min. East 834.90 feet; thence (2) By the arc of a circle curving to the left (R=2894.90 feet) a distance of 65.10 feet; thence from the said corner for the herein described lot and lot #9, along the Westerly side of Mifflin Road, (4) By the arc of a circle curving to the left (R=2894.90 feet) a distance of 100.08 feet to a point, the point of beginning. Containing within said metes and bounds 0.5795 acres of land, more or less, and being known as #188 Mifflin Road.
2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 11th day of January, 1994 at 12:01 a.m. o'clock.
ADOPTED: January 10, 1994
Public Hearing - Zoning Classification
Council President Christiansen declared the public hearing open.
There was no one present wishing to speak during the public hearing.
Council President Christiansen declared the public hearing open.
Mr. Lambert moved that the property be rezoned R-8 (Single Family Residence) as recommended by the City Planner. The motion was seconded by Mr. Hare and by a unanimous roll call vote, Council adopted the following ordinance. (The first reading of the proposed ordinance was accomplished during the Council Meeting of November 22, 1993.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 188 MIFFLIN ROAD
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 RS-1 - Single Family Residential (Kent County zoning classification) to R-8 - Single Family Residential (City of Dover zoning classification).
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 has been amended by changing the zoning designation from RS-1 (Kent County zoning classification) to R-8 (City of Dover zoning classification) on that property located at 188 Mifflin Road, owned by Charles W. and Camilia M.R. Spivey.
ADOPTED: January 10, 1993
SALE OF LOT - 724 RIVER ROAD (BID)
The City acquired a 6,800 sq. ft. lot at 724 River Road as recovery of the costs associated with demolition of the structure. As authorized by Council, the lot was advertised for sale through public bids. A minimum price of $7,871 was established by Council. One bid was received in the amount of $8,432 from Dover Educational Community Center. All closing expenses will be paid by the buyer.
Staff recommended that Council approve the sale of the lot at a price of $8,432, plus closing costs.
Mr. Salters moved for approval of the sale of the lot located at 724 River Road, at a price of $8,432 plus all closing costs, to Dover Educational Community Center, and to authorize the Treasurer and Assessor to take the necessary steps to complete the sale and disburse the funds received to the proper accounts. The motion was seconded by Mr. Hare and carried by a unanimous roll call vote.
CABLE FRANCHISE EXTENSION - MEMORANDUM OF UNDERSTANDING
The Cable Franchise Committee has been working with Storer Cable Communications on renewal of the Cable Franchise Agreement with Comcast Communications, which will expire on January 21, 1994. Comcast has requested an extension of the current agreement through April 30, 1994, to allow more time to work on the renewal.
Mr. Lambert, Chairman of the Cable Franchise Committee, stated that the committee recommended approval of the extension to April 30, 1994, and authorization for Mr. Mike Karia to sign the Memorandum of Agreement for the extension.
Mr. Lambert moved to approve an extension to the Cable Franchise Agreement with Comcast Communications through April 30, 1994 and for authorization for Mr. Mike Karia to sign the Memorandum of Agreement for the extension. The motion was seconded by Mr. Hutchison and unanimously carried.
MONTHLY REPORTS - NOVEMBER 1993
Mr. Salters moved for approval of the following monthly reports, seconded by Mr. Hutchison and unanimously carried:
Chief of Police Report
Building Inspector and Fire Marshal Report
City Assessor Report
City Clerk/Alderman Report (Fines)
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
Internal Service Fund, Revenue & Budget Report
In reviewing the City Manager's Report, Mr. Leary noted the increased number of customers paying bills at the drive through window has increased as well as the total number of persons paying bills in person rather than by mail. This is something members of Council should remember when reviewing the budget of this department during the budget hearings. He also referred to the renovations to the lower level of the library, stating that the two meeting rooms are very nice and would serve as a great facility for community organizations to hold their meetings.
Mr. Hare referred to the Electric Revenue Fund, Revenue & Budget Report, asking for the rate of return to electric customers through an adjustment on their electric bills. Mr. O'Connor stated that approximately $300,000 per month is projected over a 12 month period.
Mr. Hare moved for approval of the City Manager's Report and the Electric Revenue Fund, Revenue & Budget Report. The motion was seconded by Mr. Hutchison and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on December 14, 1993 with Chairman Salters presiding.
Mr. Salters moved for approval of the following items, as recommended by the committee. The motion was seconded by Mr. Hare and unanimously carried:
Request for Waiver of Street Width and Cul-de-sac Length - Oakmont Park Subdivision
This project was previously approved by Council in 1991. However, because construction was not started within the 12 month period after final approval, it must be re-approved.
The Planning Commission reviewed and again approved this development at its meeting of November 15, 1993, subject to Council's approval of the requested waivers.
Mr. DePrima, City Planner, explained that the property is located along the southerly side of College Road, consisting of approximately 4.13 acres. The plan proposes the construction of a cul-de-sac street, which would provide access to eight residential lots to be created by this Plan. The Plan also reflects the provision for approximately 1.15 acres of Neighborhood Open Space. The Planning Commission offered the following recommendations to Council:
- Support the proposed subdivision design with a cul-de-sac street length of 540'.
- Support a 28' pavement width, for a low traffic volume street. The right-of-way width would remain at 60'.
- Restrict off street parking along the southerly side of the street and the cul-de-sac. "No Parking" signs shall be required to notify the public.
- Establish a forestry lane on the south side of lot #8 to provide access to the wooded area.
The committee recommended approval of the request, as recommended by the Planning Commission.
Purchase of Police Vehicle
Council has authorized the purchase of six police vehicles at $13,558 each. The State contract for the vehicles came in at $13,796 through a Ford dealer in New Jersey. Winner Ford of Dover has offered the vehicles with the same specifications and with additional items of (a) factory installed driver's side control spotlight and (b) cloth seats in front and vinyl seats in rear. The quoted price per vehicle is $13,789 which is $7 less than the State contract price. In addition to the quoted price, the City would also receive a $55 per vehicle cash discount for early payment which equates to a total discount of $330. New purchasing policies now require Council approval of all purchases in excess of $25,000, even though Council may have already approved the concept in the departmental budget approval. The Police Chief requested approval of the purchase of six vehicles from Winner Ford Dover. (He noted that the amount is $1,056 more than currently budgeted. The difference will be made up by savings from other purchases within the Police Department budget.)
The committee recommended that the contract for the purchase of six police vehicles be awarded to Winner Ford Dover, for a total amount of $13,734 per vehicle.
Budget Revisions
City Council approved budgets for fiscal year 1993-94 in June 1993. Due to changing circumstances, some revisions are needed in the budget. Mr. Karia explained that the revisions are transfers of funds from one department to another and do not represent a net increase in the budget. A proposed addition of $200,000 (Track NOX related projects) in the Electric Production budget will be funded by funds that are available in the Improvements and Extension Fund.
The committee recommended approval of the following proposed budget revisions:
PROPOSED PROPOSED
FUND AND ACCOUNT CURRENT ADDITION REVISED REASON
DEPARTMENT TITLE BUDGET DEDUCTION BUDGET FOR CHANGE
GENERAL FUND
Recreation Prog. Exp. $40,100 -$4,000 $35,100 Transfer of DECCASA to Police Dept. This is City's contribution to the program.
Police Prog. Exp. $26,401 +$4,000 $30,401 Related to above item
Fire Marshal Salary $38,960 -$1,800 $37,160 Change in the "on call" personnel.
Inspection Salary Accts. $304,614 +$1,800 Total shown Related to above in next item. item.
GENERAL FUND
Inspection Salary Accts. $304,614 +$12,591 Making a part time position full time and other salary adjustments.
Inspection Salary New proposed +$319,005
total
Planning Consulting -0- +$1,188 $1,188 The item for historic fees preservation grant was paid this year as opposed to last year. A corresponding revenue was received this year. This item is a wash and is not an additional expenditure.
Internal Service Fund
City Mgr. Salary Accts. $204,122 -$19,834 $184,288 1/2 position not filled
City Mgr. Insurance $730,542 -$400,000 $330,542 New line is created for insurance.
Insurance Insurance -0- +$400,000 $400,000 Related to above items
Improvements and External Fund
Production +$248,600 $200,000 $448,600 Track NOX related projects. Funds are available in the Improvements and Extension Fund.
System Operations $335,510 -$12,800 $322,710 New division is created for meter reading functions.
Meter Reading -0- +$12,800 $12,800 Related to above item
Electric Fund
System Operations $1,111,735 -$142,859 $968,876 New division is created for meter reading function.
Meter Reading -0- +$142,859 $142,859 Related to above items.
Water/Wastewater Fund
Water $1,099,211 -$48,190 $1,051,021 New division has been created for meter reading function.
Meter Reading -0- +$48,190 $48,190