COUNCIL COMMITTEES
The Council Committees Meeting was held on April 27, 1993, at 7:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Daisey, Mr. Leary, Mr. Salters, Mr. Lambert, Mr. Tudor, Mr. Levitt, and Mr. Pitts. Mr. Hare was absent.
AGENDA ADDITIONS/DELETIONS
Mr. Levitt requested the addition of item #8 to the Legislative and Finance Committee agenda to consider Bi-Weekly Payroll. Mr. Worley requested the addition of item #1-A to the Legislative and Finance Committee agenda to consider a request of Kennett Shoes for a Sidewalk Sale.
Mr. Lambert moved to accept the agenda as amended, seconded by Mr. Salters and unanimously carried.
Mr. Salters advised members that the Tour DuPont Pre-Race Festival will begin at 4:00 p.m., on May 6, 1993 at Legislative Mall and encouraged everyone's participation.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Levitt presiding. Members present were Councilmen Salters and Leary and Mr. Hindman.
SIDEWALK DINING - W.T. SMITHERS
Members considered a letter from Mr. Chet Long and Sal Leone, Jr., Co-Owners of W.T. Smithers, requesting permission to serve lunch during late spring, summer and early fall on the front of their sidewalk at 140 South State Street. During the Fireman's Parade and President Bush's visit in the summer of 1992, W.T. Smithers was granted permission to serve lunch on the front sidewalk area and both dates were a total success.
Mr. Long and Mr. Leone explained that the five or six round tables would be placed to insure that the cafe setting would not interfere with foot traffic in front of the restaurant. Members were provided with a site drawing which indicated the square footage and proof of liability insurance. They advised members that alcoholic beverages would not be served in the proposed cafe area.
In accordance with Section 19-6 of the Dover Code, Council must approve the use of sidewalks behind the right-of-way line for display of merchandise. Staff has always interpreted this requirement to include the serving of food. Feeling that it would be a benefit to downtown to allow W.T. Smithers to develop outdoor dining, staff recommended approval of the request.
Mr. Salters moved to recommend approval of staff's recommendation, seconded by Mr. Leary.
Responding to Mr. Hindman, Mr. Petit deMange advised members that the tables would be located within their property lines and not in the City's right-of-way; therefore, no official action is necessary since they would be in compliance with City regulations.
Mr. Salters withdrew his motion, as did Mr. Leary his second.
Council President Christiansen requested that it be made a part of the record that no official action is necessary, in accordance with Section 19-6 of the Dover Code, for property owners to utilize the portion of their sidewalk that it is not in the City's right-of-way.
REQUEST FOR SIDEWALK SALE - KENNETT SHOES
Mr. Worley advised members that Kennett Shoes has requested permission to hold a sidewalk sale, from April 30th through May 1st, in front of their property located on Governors Avenue. In accordance with Section 19-6 of the Dover Code, Council must approve the use of sidewalks for display of merchandise. Staff recommended that the request of Kennett Shoes to hold a sidewalk sale be approved.
Mr. Salters moved to recommend approval of staff's recommendation, seconded by Mr. Hindman and unanimously carried.
Mr. Worley suggested that Section 19-6 of the Dover Code be amended to allow the City Manager or Inspections Department to grant permission for the use of sidewalks for display of merchandise. Members requested that staff formulate a recommendation for the committee's consideration.
POLICE STATION - ARCHITECTURAL SERVICES CONTRACT
During the Council Meeting of January 11, 1993, staff was authorized to hire an architect for the design and specifications for the proposed Police Station Expansion and Renovation. Proposals were received from 21 firms, with four firms being selected for interviews. Interviews were held on March 30, 1993, with representatives of the Police, Planning and Public Works Departments and the City Manager. Based on the interviews, staff selected Becker, Morgan, Moore, Olds, & Richter to submit a cost proposal for the work. After several meetings, a proposed agreement was submitted which is divided into four sections, as follows:
Schematic Design Phase $ 56,400
Design Development Phase 67,200
Construction Documents Phase 134,400
Bidding Phase 16,800
Additional Expenses
Expenses 17,000
Geotechnical Engineering 3,500
Total $295,300
Staff recommended awarding the contract for the design of the police station expansion and renovation to Becker, Morgan, Moore, Olds & Richter for an amount not-to-exceed $295,300. Noting that the current budget does not include funds for this project, Mr. Worley reminded members that payments will be delayed until fiscal year 1993-94.
Mr. Braun explained that the contract would be for a not-to-exceed amount, with payment made only for actual hours worked. At the end of each phase, a revised estimate of the construction costs would be provided based on the work performed to that point. An update of each phase will be provided prior to the beginning of the next phase.
Mr. Salters relayed concerns with authorizing all payments at this time. However, other members endorsed staff's proposal based upon their ability to review the project phase by phase.
After discussing the matter at length, Mr. Leary moved to recommend approval of staff's recommendation, seconded by Mr. Hindman and carried with Mr. Salters voting no.
PROPOSED PROCEDURE - SALE OF CITY LAND
During their meeting of April 13, 1993, members reviewed a proposed procedure for the sale of excess real property owned by the City of Dover. City Assessor Lucas advised members that the following changes were made to the first draft: 1) Removed "no future potential use" from Section 3; 2) Expanded Section 4, Paragraph B; and 3) Added examples to Section 5, Exception A.
Mr. Salters moved to approve the Proposed Procedure for Sale of Excess Real City Property as submitted (as on file in the Office of the City Clerk), seconded by Mr. Leary and unanimously carried.
WRITE-OFF - UNCOLLECTIBLE AMBULANCE BILLS
Members reviewed the final list of uncollectible ambulance bills, in the amount of $52,732.12. The bills are for 1991 and have not shown activity for one year or more. The accounts have been placed with Kent Systems and are continuously being pursued by them. As Kent Systems exhausts all collection efforts, they will return them to the City. The write-off list also includes Medicaid accounts for which the City has accepted assignment.
Mr. Salters moved to recommend endorsement of the write-off of uncollectible ambulance bills in the amount of $52,732.12, seconded by Mr. Leary and unanimously carried.
QUARTERLY WRITE-OFF OF UNCOLLECTIBLE ELECTRIC BILLS
Members were provided a list of uncollectible electric bills, in the amount of $26,195.97, which includes $5,009.87 from accounts that have filed bankruptcy. The list consists of those accounts from October 1991 through December 1991 which have shown no collection activity for a period of one year or longer. The list has been screened to insure that no one listed is currently in our utility customer base.
Mr. Salters moved to recommend endorsement of the write-off of uncollectible electric bills in the amount of $26,195.97, seconded by Mr. Leary and unanimously carried.
PROPOSED ORDINANCE AMENDMENT - SECTION 2-67 - SPECIAL MEETINGS
In accordance with Section 2-67(a), Special Council Meetings shall be called by the Mayor. When the Dover Code was amended to include a Council President to the structure of City Council, this section should have also been amended to allow the President of Council, as well as the Mayor, to call a special meeting of City Council when it is deemed necessary to do so.
Mr. Salters moved to recommend approval of the proposed ordinance amendment to Section 2-67(a) (Attachment #1). The motion was seconded by Mr. Hindman and unanimously carried.
UPDATE - MISCELLANEOUS ITEMS
Centralized Phone System
During the committee meeting of October 16, 1991, Mayor Richter suggested the use of a 24-hour phone service to better serve the needs of the public. During their meeting of February 25, 1992, Mr. Worley noted that many changes have been made within the City and that once they were accomplished, staff would present a final recommendation.
Members directed staff to formulate a recommendation for the committee's review.
City of Dover and the Media
During the committee meeting of January 26, 1993, members reviewed a proposal submitted by Mr. Levitt to improve the concerns of the Media and issues involving the City of Dover.
The committee felt that members should continue to review this matter.
BI-WEEKLY PAYROLL
In response to recent newspaper articles, Mr. Levitt stated that staff is investigating the possibility of utilizing by-weekly payroll for City of Dover employees and that a recommendation will be presented for the committee's review.
Council President Christiansen suggested that staff contact the Consumer Credit Counseling Services for assistance to employees if a change in the pay period is anticipated.
Mr. Salters moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 8:10 P.M.
PARKS AND RECREATION COMMITTEE
The Parks and Recreation Committee met with Chairman Pitts presiding. Members present were Councilman Tudor and Mrs. Malone. Councilman Hare and Mrs. Dean were absent.
PRESENTATION - UPDATE ON SILVER LAKE WATERSHED
During their Regular Meeting of September 28, 1992, Council endorsed the concept of the Dover/Silver Lake/St. Jones Watershed being established as a "Designated Watershed" and authorized staff to work with DNREC on this project. On March 11, 1993, Section 9 of the Delaware Sediment and Stormwater Regulations were amended to include the Dover/Silver Lake/St. Jones River and all drainage areas upstream of the Silver Lake dam as a "Designated Watershed".
Members reviewed a report of the Delaware Coastal Management Program Enhancement Strategy, which includes the steps necessary to begin a "Designated Watershed" Plan for Dover/Silver Lake/St. Jones Watershed. It is noted that this project will require the cooperation and involvement of numerous regulatory and planning agencies.
The committee encouraged staff to continue to move forward with the project.
ST. JONES GREENWAY DESIGN
During their meeting of February 23, 1993, the committee tabled action on the final design for the St. Jones Greenway to allow staff to address the concerns of the residents along Park Drive. Resulting from the meetings held with residents of Eastover Hills, it has been proposed to widen the existing sidewalk area and to install an eight-foot wide pathway beginning across from Greenhill Road. This pathway would run to the Firemen's Monument and to the edge of the water. Staff recommended endorsement of this final design for the St. Jones Greenway.
Mr. Vernon Ingram, representing some of the residents of Eastover Hills, advised members that the residents are in favor of leaving the area in its natural state and recommended endorsement of the final design with no improvements along Park Drive.
Mr. William Witham of 425 Greenhill Road commended the City in attempting to improve the area and to make it available to as many citizens as possible. He noted that this park is very small, unique by the variety of wildlife that populates the area during various times of the year, and that it is one of the first sites coming into Dover from Route #13. Mr. Witham felt that the area should be preserved in its pristine manner.
Mr. Tudor reminded members that the St. Jones Greenway is owned by all citizens of the City of Dover and not just for those that live adjacent to the area. Responding to Mr. Tudor, Mr. Carter stated that approval of the final design with no improvements along Park Drive would omit one of the most attractive areas from the project.
Mr. Matthew Spong, Representative of Landscape Architectural Services, reminded members that the St. Jones Greenway began as a positive project. He explained that this particular phase of the project would connect Silver Lake to the Legislative Hall area. It was Mr. Spong's feeling that the wildlife in this area would not be affected to any great degree.
Mr. Robert Hahn of 51 Park Drive felt that the citizens could enjoy the area from the sidewalk. He suggested that the Firemen's Monument be made handicapped accessible from the existing sidewalk and that the rest of the area remain in its natural state.
Mr. Tudor moved to recommend approval of staff's recommendation, seconded by Mrs. Malone and unanimously carried.
NORTHERN DOVER GATEWAY
Members considered a letter from former Mayor John E. Richter, Principal of Becker Morgan Moore Olds & Richter, Inc., suggesting that the City consider a "Northern Dover Gateway". He advised members that the State of Delaware maintains a Transportation Enhancement Program for landscaping and scenic beautification. Many cities take advantage of this program to beautify one or more gateways to cities on state roads.
It was proposed that the City submit an application to the Department of Transportation, Division of Planning, for consideration of a Northern Dover Gateway located at the proposed intersection of Route #13 and Denny's (Scarborough) Road. This intersection will be the northern interchange with Route #1 for Dover. Mr. Richter suggested that the Northern Dover Gateway include enhanced median treatment on Route #13, a landscaped area for signage welcoming travelers to Dover, and the elimination of overhead roadside utilities.
Staff recommended approval of the concept of a Northern Dover Gateway, stipulating that there be no up-front costs to the City of Dover.
Mrs. Malone moved to recommend approval of staff's recommendation, seconded by Mr. Tudor and unanimously carried.
Mr. Tudor moved for adjournment, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 9:10 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Daisey presiding. Members present were Councilmen Pitts and Lambert. Mr. Carey was absent.
WASTEWATER IMPACT FEES - FINANCING PLAN
In April 1988, Council adopted a five-year financing plan utilizing sewer rates, impact fees and transfer taxes to fund growth related sewer improvements. The plan was based on requiring impact fees to pay 81% of the debt service on the 1989 Wastewater Revenue Bonds, with the rates to pay the remaining 19%. These percentages were determined by the use of the existing flow benefitting from the installation of the new system.
In 1992, an "Impact Fee Reserve Fund" was established so that any impact fees over the amount required to pay the debt service would be set aside to be used when the funds were required. Based on the most recent estimates of the future debt service requirement of the Mudstone Branch Sewer Project, staff presented three alternatives for financing the impact fee portion for the next five years. Although all three alternatives utilize the reserve fund, they are designed to have the impact fee pay the required debt service by the end of the five year plan. Staff recommended adoption of Alternative C for the five-year financing plan for Wastewater Impact Fees, as follows:
TRANSFER
TO/FROM RESERVE
REQUIRED PROJECTED RESERVE FUND
FY RATE INCOME INCOME FUND TOTAL
1988-89 825 45,929 47,250*
1989-90 900 313,881 291,025*
1990-91 975 312,504 337,950*
1991-92 1050 314,863 370,970 +220,161 +220,161
1992-93 1125 312,579 354,000 + 41,421 +261,582
1993-94 1200 335,332 420,000 + 84,668 +346,250
1994-95 1400 505,845 490,000 - 15,845 +330,405
1995-96 1600 769,573 560,000 -209,573 +120,832
1996-97 1900 769,573 665,000 -104,573 + 16,259
1997-98 2200 769,573 770,000 + 427 + 16,686
*Income was included from transfer tax:
1988-89- $116,250
1989-90- $ 70,000
1990-91- $ 30,000
Mr. Lambert moved to recommend approval of staff's recommendation, seconded by Mr. Pitts and unanimously carried.
1992 SIDEWALK PROGRAM ASSESSMENT
As directed by Council, staff conducted an inspection of the area designated for the 1992 sidewalk replacement program and the sidewalk was replaced where necessary. The final cost for sidewalk replacement is $57,331.86. The portion of that cost to be recovered through special assessment is $55,319.01. Staff recommended adoption of an ordinance that would assess the property owners of the 1992 sidewalk replacement program for sidewalks adjacent to their property.
Mr. Pitts moved to recommend adoption of an ordinance to approve the 1992 Sidewalk Assessments (Attachment #2), as recommended by staff. The motion was seconded by Mr. Lambert and unanimously carried.
ACCEPTANCE OF DEDICATION OF RIGHTS-OF-WAY AND UTILITIES - ACORN FARMS - PHASE I
The developer of Acorn Farms has requested that the streets and utilities of Phase I be accepted for maintenance and ownership by the City. After construction was completed, staff inspected the improvements and provided the developer with a list of repairs to be made to meet City standards. Those repairs have been completed. A one-year maintenance agreement and bond, and a release of liabilities have all be submitted.
Staff recommended acceptance of the dedication of Acorn Farms, Phase I.
Mr. Lambert moved to recommend acceptance of staff's recommendation, seconded by Mr. Pitts and unanimously carried.
Mr. Pitts moved for adjournment, seconded by Mr. Lambert and unanimously carried.
Meeting Adjourned at 9:25 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
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