REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 27, 1993 at 7:30 p.m. 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, Mrs. Boaman and Mr. Pepper.
The invocation was given by Reverend Fields, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Leary moved for approval of the agenda, seconded by Mr. Hutchison and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 13, 1993
The Minutes of the Regular Council Meeting of September 13, 1993 were unanimously approved by motion of Mr. Lambert, seconded by Mr. Hutchison and bore the written approval of Mayor Knopf.
PROCLAMATION - PUBLIC POWER WEEK
The City Clerk read into the record the following Proclamation:
WHEREAS, we, the citizens of Dover, are proud of our choice to operate a community-owned, not-for-profit electric utility; and
WHEREAS, we, the citizens of Dover, are both consumers and owners of our public power system; and
WHEREAS, the City of Dover Electric Utility provides homes, businesses, farms, social service and local government agencies with reliable, efficient, and cost-effective electricity employing sound business practices designed to ensure the best possible service at the lowest possible rates; and
WHEREAS, public ownership of the City of Dover Electric Utility assures not-for-profit electric rates and citizen participation in electric utility operations and policies.
NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the week of October 3-9, 1993, as Public Power Week in the City of Dover to honor the utility, its employees, and its consumer-owners who work together to provide the best possible electric service and invite all citizens of Dover to an open house to be held in their honor at the offices and power plant of the City of Dover Electric Department. The open house will take place on October 9th between the hours of 10:00 a.m. and 2:00 p.m. on Buttner Place just off Walker Road.
PROCLAMATION - HALLOWEEN OBSERVANCE
The City Clerk read into the record the following Proclamation:
WHEREAS, the City of Dover wishes a safe and festive Halloween celebration for its citizens and encourages participation in the gaiety of this holiday by both young and old; and
WHEREAS, parents are prompted to join in the festivities by accompanying their children throughout their journey of gathering treats as is the custom of the celebration of Halloween; and
WHEREAS, the observation of this holiday, for extended periods, is an inconvenience to the public and contributes to the possibility of damage and destruction of personal property; and
WHEREAS, the Mayor of the City of Dover has deemed it advisable to observe the celebration of Halloween Trick-or-Treat on Saturday, October 30, 1993 between the hours of 5:00 p.m. and 8:00 p.m.
NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, DO HEREBY PROCLAIM:
1. That the Halloween Trick-or-Treat observance shall be held on the 30th day of October, 1993 between the hours of 5:00 p.m. and 8:00 p.m.
2. That the residents of the City of Dover, or any other persons within the corporate limits of the City of Dover, limit their observance of this holiday to the aforesaid date and time, in an effort to maintain a fun and safe environment for everyone participating in the festivities.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on September 14, 1993 with Chairman Salters presiding.
Residency Requirement - City Elected Officials and Committees, Commissions and Boards
Mrs. Malone requested that Section 5 of the Charter be amended to change the residency requirement from two (2) to five (5) years for persons wishing to seek election for a City Council seat. Mrs. Malone also requested a five (5) year residency requirement for citizens appointed to serve on Commissions, Committees and Boards.
In a legal opinion from City Solicitor Rodriguez, he stated that residency requirements for the Mayor and Council persons of municipalities are subject to the equal protection clause of the Fourteenth Amendment to the Constitution which is viewed by the courts as a restriction on the right to run for public office. This requirement has been struck down in other states as being in violation of the equal protection clause where no compelling municipal interest was shown to justify the residency requirement. Mr. Rodriguez recommended that the current residency requirements for City Council remain at two (2) years.
Mr. Hare felt that a residency requirement is needed for citizens being appointed to serve on committees and also suggested that the residency requirement for City Council be set at three (3) years, which is the same as the State Legislature.
Mr. Hindman felt that by instituting a residency requirement for appointments to Commissions, Committees and Boards, Council could hinder their ability to appoint highly qualified citizens who have been very active in the operations of the City but would be ineligible because they have not lived within the City limits for the required time. Referring to the requirement for City Officials, Mr. Hindman felt that the voters should be able to decide the best candidate.
The committee recommended that no change be made to the residency requirement for City Elected Officials and Commissions, Committees and Boards.
Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Hare.
Mrs. Malone moved that action on the motion be tabled and that the matter be reconsidered by the committee. The motion was seconded by Mr. Leary and carried with Mr. Hutchison voting no.
City Boundaries (Council President Christiansen)
Due to the rapid growth of the City, Mr. Christiansen suggested that the City adopt a resolution that would lock the City boundaries at their current configuration and that any future annexation requests to alter those boundaries be required to have a super majority vote of nine (9) votes. Mr. Christiansen felt that the resolution will not preclude the City of Dover from extending the City's enterprise services beyond the borders to those willing to pay for them.
Mr. Christiansen stated that as the City continues to grow, taxpayers will continue to be burdened by the increased taxes for programs such as on-going street repairs. He suggested that the City borders be squared off and the City continue following the 1986 Comprehensive Plan by growing within the City's current boundaries and fill in the area within the City borders with quality development.
Mr. Christiansen also suggested that a uniform annexation policy be established. If the borders are squared off and an annexation policy established, pressure would be placed on Kent County to assume more developmental responsibilities. Mr. Christiansen felt that Kent County and surrounding municipalities should adopt a uniform zoning code.
Referring to the approval of annexations, Mr. Leary felt that a requirement of 2/3 votes would allow for more flexibility than a super majority vote of nine (9). A requirement of a super majority would permit only one member of Council to defeat an annexation. Mr. Leary felt this is too extreme.
Mr. DePrima stated that although Council has annexed a large number of properties since 1990, a majority of the properties have been single family dwellings. He felt that development of property is important to square off the City's boundaries.
Committee members discussed various aspects of the proposal and recommended that staff review all information for a report back to the committee.
Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on September 14, 1993 with Chairman Pitts presiding.
Suggestion to Rename Saulsbury Road Park
A letter was received from Mrs. Kathleen Johnson of Jawd Drive, suggesting that Mr. William Holden's name be placed on a plaque at the Saulsbury Road park. Mrs. Johnson felt that the park should be dedicated in his honor because he was the original owner of the property.
Mr. Salters reminded members that the Lincoln Park Civic Association recommended that this park be named in honor of J.H. Williams who was the City's Chaplain for 25 years. Since the City already had a Williams Park in Dover, the Fire and Police Departments objected to the recommendation due to possible confusion during emergency response. Council named the park "Saulsbury Road Park, in honor of Reverend J.H. Williams". Mr. Salters recommended denial of Mrs. Johnson's request; however, he had no opposition to a plaque being placed at the park that is bought by private money.
Mrs. Maxted felt that it would be improper to change the name of the park or to name it in honor of two entirely different individuals.
The committee recommended that the name of the "Saulsbury Road Park, in honor of Reverend J.H. Williams" remain the same.
Mr. Pitts moved for approval of the committee's recommendation, seconded by Mr. Salters and unanimously carried.
Mr. Pitts moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Leary and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on September 14, 1993 with Chairman Hare presiding.
Stop Signs at Pedestrian Crosswalks - Woodcrest
During the past year, the Safety Advisory Committee reviewed a request by Mr. Tony Galla to remove the stop signs at pedestrian crossings on Schoolhouse Lane. During their meeting of March 10, 1992, the committee recommended no action until a majority of the residents on Schoolhouse Lane submitted a petition requesting removal of the signs. On January 26, 1993, the committee recommended that the stop signs remain in place, but that corrective action be taken to paint the curb yellow to prohibit parking near the stop signs and to make them more visible.
On August 3, 1993, Mr. Galla submitted a petition, containing 11 signatures, requesting warning signs at pedestrian crossings in Woodcrest. A petition, containing 59 signatures, was submitted on September 9, 1993 from residents of Woodcrest requesting that the stop signs at the crosswalk on Schoolhouse Lane not be removed.
Mr. Donald Crews of 938 Woodcrest Drive and Mr. Tony Galla of 925 Woodcrest Drive spoke in favor of replacing the stop sign with a warning sign and requested that they be given 60 days to garner the necessary signatures for a petition in opposition to the stop signs.
Mr. Frank Zaback of 903 Schoolhouse Lane and Mr. Lon Fluman of 897 Schoolhouse Lane, opposed Mr. Galla's request to be given 60 days to gather signatures to counter the petition submitted by the residents of Woodcrest. Mr. Zaback referred to the minutes of March 10, 1992, where the committee recommended no action until a majority of the residents submitted a petition requesting removal of the signs. He felt that Mr. Galla has had adequate time to submit any petitions requesting the removal of the signs and reiterated concerns for safety of pedestrians should the signs be removed.
Chief Smith stated that if the signs were removed and a child was struck by an automobile, the City may be held liable because safety measures were not met. He recommended that the stop signs remain and that crosswalk lines be properly painted.
The committee recommended that the stop signs not be removed and the crosswalks be painted as recommended by City staff.
Mr. Hare moved for approval of the committee's recommendation, seconded by Mr. Salters and unanimously carried.
Proposal for Prohibition of Truck Traffic on Walker Road - DelDOT Report
During their meeting of July 13, 1993, the committee considered a letter from Mr. William Garfinkel, 9 Freedom Drive, requesting that the City restrict trucks weighing over 5,000 pounds from travelling on West Walker Road, appropriately post said restriction, and ensure strict enforcement of the restrictions by the Dover Police Department. Due to the size of the road, he stated that large trucks must straddle the center of the road in order to avoid hitting children and other residents that are walking on the side of the road, leaving no room for on-coming vehicles.
Since West Walker Road is State maintained, the committee recommended that the Chief of Police meet with the Department of Transportation (DelDOT) to consider the safety and traffic concerns on West Walker Road and formulate a recommendation for the committee's review.
Chief Smith reported that the DelDOT reviewed Mr. Garfinkel's request and feels that since Walker Road does not have significant residential properties that abut directly onto Walker Road, they oppose any restrictions. It was also noted that the road conditions may be changed in the near future to accommodate the new Robbins Hose Fire Company #2.
Due to the high number of pedestrians using Walker Road, staff will review the possibility of establishing a bicycle or foot path along the side of the road. Chief Smith will report back to the committee once DelDOT has reviewed the possibility of a bicycle or foot path along Walker Road.
No further action was taken by Council.
Mr. Hare moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Salters and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on September 14, 1993 with Chairman Lambert presiding.
Annexation - 248 Mifflin Road - Zachery and Janet Carter
Members considered a request for annexation of a single family home, located at 248 Mifflin Road, consisting of 30,800 square feet, owned by Zachery and Janet Carter. The City Planner recommended approval of the annexation request, with a zoning classification of R-8 (Single Family Residence).
The committee recommended approval of staff's recommendation. (Annexation Referendum has been set for September 30, 1993).
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Salters and unanimously carried.
Reconnect Fees - Electric and Water Service
Members considered the reconnect fees for electric and water service. Mr. O'Connor reported that the City currently charges $10.00 if reconnection is made during normal working hours and $25.00 if it is made after normal working hours. In order to discourage non-payment, Mr. O'Connor recommended that all disconnects made for non-payment be charged $35.00 for reconnection. This would more accurately reflect the actual cost of the service.
Mr. Tudor felt that if customers were disconnected for non-payment, it will be a greater burden for them to pay a higher reconnect fee. Mr. O'Connor stated that if customers are on the disconnect list for non-payment, they may avoid any fees and disconnection by contacting the Administrative Services Department to arrange a payment plan.
The committee recommended acceptance of staff's recommendation.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Hutchison.
Mr. Tudor reiterated previous concerns with increasing the reconnect fees for those that are already experiencing financial problems. He felt that the proposed fee of $35 is much higher than the actual cost of the service and requested that the fee remain as is.
Mr. O'Connor stated that the reconnect fee of $35 does not cover the cost of both disconnecting and reconnecting utility services. He reminded Council that City staff will work with any citizen experiencing extenuating financial circumstances.
On a call for the question by Mr. Salters, the motion was approved by a roll call vote of eight (8) yes, one (1) no (Mr. Tudor).
Padmount Transformer Purchase
The purchase of three-phase padmount transformers will replenish depleted stock of various sizes. It is proposed that eleven transformers be purchased to build up the inventory of three types of three-phase units.
Bids were evaluated by the Electric Department and the following vendors and bids were recommended for approval:
Item Quantity Description
#1 3 750KVA 12470GRDY/7200 to 480Y/277V
to be awarded to AJP Sales, Inc. in the amount of $34,665. The Engineer's estimate was $39,000.
#2 4 75KVA 12470GRDY/7200 to 480Y/277V
#3 4 150KVA 12470GRDY/7200 to 208Y/120V
to be awarded to Hesco, Inc. in the amount of $30,272. The Engineer's estimate was $32,400.
The committee recommended approval of staff's recommendation.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Fox Hall West - Acceptance of Streets and Utilities
During their meeting of August 24, 1993, members denied the request for the acceptance of dedication of right-of-way and utilities for Fox Hall West, Phase III. Members denied the request because the requirement for temporary turn-arounds had not been met. The temporary turn-arounds would provide access for school buses until such time as the full development is completed and the temporary turn-arounds are no longer needed.
Mr. O'Connor reported that the City has obtained permission from the necessary property owners and the temporary turn-arounds have been installed.
The committee recommended acceptance of the dedication of Fox Hall West, Phase III.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mrs. Malone and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Christiansen).
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and unanimously carried.
MONTHLY REPORTS - AUGUST
By motion of Mr. Salters, seconded by Mr. Hutchison, Council unanimously adopted the following reports for the month of August:
Chief of Police Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
Internal Service Fund, Revenue & Budget Report
Questioning an item on the Building Inspector's Report, Mr. Lambert asked if Council needs to address the Planner's concern relative to no progress being made on the hiring of an MPO Coordinator. Mr. DePrima stated that Council action is not required at this time. The issue was addressed in his report only to keep City Council abreast of the matter. He and Mayor Knopf will continue to monitor the status of this issue.
Mr. Lambert moved for approval of the monthly report for the Building Inspector and Fire Marshal, seconded by Mr. Hutchison and unanimously carried.
AWARDS COMMITTEE RECOMMENDATIONS
On June 15, 1993, the life of a child was saved due to the quick actions of neighbors living in close proximity to the child. To honor the quick and efficient work of the neighbors, which was detrimental to saving the life of the child, the City of Dover Awards Committee has recommended Council's approval of the following awards and recipients:
Ana Castro - Silver Medal
Gail Wayman - Silver Medal
Grover A. Hall- Bronze Medal
Mr. Salters moved for approval of the recommendation of the City of Dover Awards Committee, seconded by Mr. Hutchison and carried by a unanimous roll call vote. Presentation of the resolutions and medals will be accomplished during the Regular Council Meeting of October 12, 1993. (It is noted that the presentation has been rescheduled to October 25, 1993.)
APPOINTMENTS - DOVER ARTS COUNCIL
The Dover Arts Council has expanded the size of their membership which is permitted in accordance with the Resolution adopted by Council on February 13, 1989. Appointments of the Dover Arts Council are made by the Mayor. Mayor Knopf has made the following appointments which will complete the addition of membership to fifteen (15), as well as replace two (2) members that have resigned:
Dr. Alban W. Urbanas - Term expires 2/1/95
Anne L. Evans - Term expires 2/1/96
Joyce Mullins - Term expires 2/1/97
Mr. Salters moved to acknowledge the appointments to the Dover Arts Council, seconded by Mr. Hutchison and unanimously carried.
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of September 13, 1993.
Demolition Cost Assessment - 730 River Road
Mr. Leary moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried.
Mr. Hare moved for adoption of the following ordinance, seconded by Mr. Leary and carried by a unanimous roll call vote:
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF DEMOLITION OF A BUILDING LOCATED ON PROPERTY AT 730 RIVER ROAD.
WHEREAS, in accordance with Section 5-90, City Council is authorized to order the demolition of any building found to be a dangerous; and
WHEREAS, the City Council has caused to be demolished a dangerous building located at 730 River Road; and
WHEREAS, City Council shall cause the costs of such demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. An assessment shall be, and hereby is levied against the property owner of 730 River Road, where the dangerous building existed, at a cost of $4,350.00 for the demolition of said dangerous building.
2. This assessment shall be a lien against said property and shall forthwith be entered in the Municipal Lien Docket.
3. This assessment shall be paid within a three year period from the date or enactment of the assessment and levied at the rate of 7% per annum on the unpaid balance of each assessment. The assessments plus accrued interest at the date of payment may be paid in full at any time during the three year period. If the assessments are paid in full within sixty days from date of enactment of the assessments and levies then all interest charges shall be waived and only the original amount of the assessment shall be paid.
ADOPTED: September 27, 1993
Demolition Cost Assessment - 91 N. West Street
Mr. Leary moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried.
Mr. Hare moved for adoption of the following ordinance, seconded by Mr. Leary and carried by a unanimous roll call vote:
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF DEMOLITION OF A BUILDING LOCATED ON PROPERTY AT 91 N. WEST STREET.
WHEREAS, in accordance with Section 5-90, City Council is authorized to order the demolition of any building found to be a dangerous; and
WHEREAS, the City Council has caused to be demolished a dangerous building located at 91 N. West Street; and
WHEREAS, City Council shall cause the costs of such demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. An assessment shall be, and hereby is levied against the property owner of 91 N. West Street, where the dangerous building existed, at a cost of $3,750.00 for the demolition of said dangerous building.
2. This assessment shall be a lien against said property and shall forthwith be entered in the Municipal Lien Docket.
3. This assessment shall be paid within a three year period from the date or enactment of the assessment and levied at the rate of 7% per annum on the unpaid balance of each assessment. The assessments plus accrued interest at the date of payment may be paid in full at any time during the three year period. If the assessments are paid in full within sixty days from date of enactment of the assessments and levies then all interest charges shall be waived and only the original amount of the assessment shall be paid.
ADOPTED: September 27, 1993
ANNOUNCEMENT - OPEN FORUM SEGMENTS - FUTURE MEETINGS
Council President Christiansen announced that effective October 12, 1993, the Open Forum segments of City Council Meetings will be held at 7:15 p.m., prior to the official Council Meeting. This will make it more convenient for the public since they will not be forced to sit through an entire Council Meeting in order to address Council. All other Open Forum guidelines will remain as previously set by City Council.
Mr. Leary moved for adjournment into the Open Forum, seconded by Mr. Lambert and unanimously carried.
Meeting Adjourned at 8:05 P.M.
OPEN FORUM
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.
Open Forum Adjourned at 8:06 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their Regular Meeting of September 27, 1993, are hereby approved.
AARON O. KNOPF
MAYOR
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