REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 8, 1993 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Lambert, Tudor, Leary, Pitts, Salters, Levitt, Daisey and Hare.
Council staff members present were Chief Smith, Mr. Lucas, Mr. Worley, Mr. DePrima, Fire Chief Baker, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Pastor Bollman, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Council President Christiansen noted a letter from Charles Rodriguez requesting that a rezoning, tabled at the request of Dover Realty I, be added to the agenda for Council action. Council President Christiansen added this matter to the agenda as item #4-A1.
Mr. Lambert moved for approval of the agenda as amended, seconded by Mr. Leary and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 25, 1993
The Minutes of the Regular Council Meeting of January 25, 1993 were unanimously approved by motion of Mr. Hare, seconded by Mr. Lambert and bore the written approval of Mayor Knopf.
ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF FEBRUARY 1, 1993
The Minutes of the Quarterly Open Town Meeting of February 1, 1993 were unanimously approved by motion of Mr. Levitt, seconded by Mr. Daisey and bore the written approval of Mayor Knopf.
RECOGNITION OF 1992 EMPLOYEE OF THE YEAR - WADE PAUGH
During the past year, 12 City employees have been selected for “Employee of the Month”. Those selected as Employee of the Month were considered for selection of Employee of the Year. Mr. Wade Paugh, Account Clerk II, has been chosen as the Employee of the Year for 1992. As the recipient of the award, Mr. Paugh was presented with a United States Savings Bond for $500, three (3) additional vacation days, and an engraved plaque. The Mayor, City Manager, and Administrative Services Director, made the presentations and offered their congratulations to Mr. Paugh for his achievement and their appreciation for his dedication to the City of Dover.
Mr. Paugh thanked his fellow workers for their assistance, stating that it would be impossible for him to excel without their contribution in making his job easier. He stated that the Administrative Services employees work together as a team in order to provide the best services possible to the citizens of Dover.
RESOLUTION - RETIREMENT OF FRANCIS M. SHANE
By motion of Mr. Salters, seconded by Mr. Daisey, Council unanimously adopted the following Resolution:
WHEREAS, Francis Melvin Shane has been a faithful employee of the City of Dover since January 30, 1962; and
WHEREAS, since he began his employment with the City of Dover, Mr. Shane has worked at the McKee Run Power Plant, where he has held the position of a Control Room Operator since January 1970; and
WHEREAS, after 31 years of dedicated service, Mr. Francis Shane has chosen to retire.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council wish Francis Melvin Shane a happy and healthy retirement and extend their appreciation for the manner in which he carried out his duties as a City of Dover employee.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to make this Resolution a part of the permanent records of the City of Dover as a lasting symbol of appreciation for the dedicated service of Francis Melvin Shane.
ADOPTED: February 8, 1993
Mr. Shane was unable to attend the meeting. The Resolution, City Cup and Plaque will be presented at a later date.
PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON WEST SIDE OF WILLIS ROAD
A public hearing was duly advertised for this time and place to consider rezoning of property located on the west side of Willis Road, approximately 150' north of North Little Creek Road, and immediately across the street from the Mapleton Square Apartments. The property is owned by Frank P. Pullella.
Planner’s Review
The Planning Commission recommended approval of the rezoning request since the proposed project and zoning is compatible with the surrounding land uses and the Comprehensive Plan. It also appears that the proposed zoning would have less of an impact on the surrounding property than what could be potentially developed under the current zoning. Therefore, the Commission recommends approval of this project.
In taking this position the Commission considered the following points:
Immediately to the north of the property are two duplexes zoned RG-3 and a four unit townhouse zoned RG-2 (General Residence). Across Willis Road to the northeast, east and southeast is the Mapleton Square Apartments zoned RG-2, and south of the apartments are two single family homes zoned R-7 (Single Family Residential). Immediately south of the property is a retail commercial establishment that fronts on North Little Creek Road, zoned R-7. To the west of the property and across a common alley are duplex homes and a single family home that are zoned RG-1 (General Residence).
The Comprehensive Plan recommends High Density Residential use. The portion of the property currently zoned RG-2 would be allowed 21 multiple dwelling units. Therefore, the current proposal represents a less dense use of the property with respect to the number of dwelling units.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. Roger Brickley, representing Mr. Frank Pullella, urged members of Council to approve the rezoning of the project. He stated that it basically is a down-zoning and will blend well with the neighborhood.
Council President Christiansen declared the hearing closed.
Mr. Lambert moved for approval of the rezoning request. The motion was seconded by Mr. Daisey and by a unanimous roll call vote, Council adopted the following ordinance. (It is noted that the first reading of the following ordinance was accomplish on December 14, 1992.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON WILLIS 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 R-7 and RG-2 to RG-3.
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 R-7 and RG-2 to RG-3 on that property located on Willis Road, owned by Frank P. Pullella.
ADOPTED: February 8, 1993
DOVER REALTY ONE - REZONING - 326 W. LOOCKERMAN STREET
During the Council Meeting of January 11, 1993, Council held a public hearing relative to a proposed rezoning of 326 W. Loockerman Street from its current zoning of C-3 (Service Commercial) to a requested zoning of C-2 (Central Commercial). The matter was tabled at the request of the owner to afford the proposed tenant the opportunity to secure funding for their proposed Church and Day Care Facility.
In a letter from Charles C. Rodriguez, representing the owner, Council was asked to rezone the property since the tenant has been able to secure the necessary funding. Mr. Hare moved to acknowledge the letter as an official part of the minutes, seconded by Mr. Daisey and unanimously carried.
Mr. Levitt moved to remove the matter from the table, seconded by Mr. Daisey and unanimously carried.
Mr. Hare moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Levitt and by a unanimous roll call vote, Council adopted the following ordinance: (It is noted that the first reading of the following ordinance was accomplished on November 9, 1992.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 326 WEST LOOCKERMAN STREET
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-3 to C-2.
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 C-3 to C-2 on that property located at 326 West Loockerman Street, owned by Dover Realty I.
ADOPTED: February 8, 1993
PUBLIC HEARING - REZONING OF PROPERTIES LOCATED ON FORREST AVENUE
A public hearing was duly advertised for this time and place to consider rezoning of the following properties:
Properties (listed below) from R-8 (Single Family Residence) to C-2A (Limited Central Commercial):
1. Vacant Lot, 1310 and 1324 Forrest Avenue, owned by Henry & Elsie Heller
2.1330 Forrest Avenue, owned by Tung Ching & Su Lan Lin
3.1344 Forrest Avenue, owned by James O. Hutchins
4. 1340 Forrest Avenue, owned by Gayle Ann Chadwick
5.1358 Forrest Avenue, owned by Joseph O. & Ruth E. Biddle
Properties (listed below) from RG-2 (General Residence) to C-PO (Commercial/Professional Office):
1.1326 Forrest Avenue, June D. Schamp
2.1362 Forrest Avenue, (Southern Portion of Property), owned by Carl R. & Nancy L. Scotton
Planner’s Review
This rezoning consists of five parcels (4.2+/- acres) fronting directly on Forrest Avenue zoned C-2A (Limited Central Commercial Zone). This zone permits retail and service uses, single family, two family residences, apartments, banks, theaters, restaurants, hotels, clubs, churches, and offices.
The two rear parcels consist of 5.5+/- acres zoned as C-PO (Commercial/Professional Office) which permits offices, banks, service agencies, medical and dental offices, and conditionally permits accessory laboratories, retail, and business services in office complexes, drive-in facilities, and residential uses. Generally these districts should promote superior development, prevent offices in mature residential neighborhoods, and serve as a transition area between low, medium, and high density development.
Six of the seven parcels are currently used for single family residences. The seventh parcel is the rear portion of the land of the Scotton Service Station. This rear portion is 3.8 acres and is currently wooded.
There are no proposed uses with this application because it is an administrative petition for the purpose of bringing the property into conformance with the Comprehensive Plan. One parcel, owned by Tung Chin Lin, did seek a rezoning for the purpose of establishing a restaurant.
The Planning Commission recommended approval of the rezonings for the reason that surrounding land uses are commercial or are residential and compatible with the requirements of the Commercial/Professional Office zone, and because it conforms with the recommendations of the Comprehensive Plan as recently amended by the Route 8 Corridor Study.
In taking this position the Commission considered the following points:
To the north of the property and across Forrest Avenue is Greentree Shopping Center zoned SC-1 (Shopping Center Zone). To the east is the Pollitt Automobile Radiator and Air Conditioning Shop which is zoned RG-2 (General Residence). To the southwest are single family homes in the Deerfield development and to the west is a Mobile Service Center and Scotton Auto Service Center which are both zoned C-3 (Service Commercial).
The Comprehensive Plan, as recently amended by the Route 8 Corridor Study, principally calls for this area to be commercial. The exception is a portion of the southwest parcel that is wooded and is designated for parkland. The text of the plan states the following with respect to this area: “The south side of Route #8 east of Mifflin Road has three blocks of real estate that have been changed from medium density residential and park designation, to commercial. The existing single family residential development accesses directly onto the corridor. The properties are surrounded east and west by existing and proposed commercial uses. Small parcel size, awkward access, and difficultly of property accumulation make residential re-development unlikely. The proposed rezoning of this area to commercial use would reinforce Greentree Village as a neighborhood center.”
With the recent adoption of the Corridor Overlay Zone, any commercial development in this area would fall under the strict requirements of the zone. Further, the parcels adjacent to the Woodmill Apartments and the Deerfield development are being recommended for the C-PO zone which is the most restrictive of the commercial zones and will serve as a transition between the residential uses and the commercial uses.
The rezoning would not prohibit residential use, or prohibit its sale for residential purposes. It would give all owners the option of selling their property for commercial purposes if that should afford a better value for their property. Further, by rezoning all of the property in this area it is possible that in the future it may be consolidated for superior unified development.
The heavy residential development of west Dover and the development of Greentree Village has made this portion of Route #8 a busy thoroughfare and has rendered the homes within the proposed rezoning area undesirable for residential proposes.
Public Hearing
Council President Christiansen declared the hearing open for the properties on Forrest Avenue requesting the zoning classification of C-2A (Limited Central Commercial).
Mr. George Chabbott, representing Mr. & Mrs. Henry Heller, urged Council’s support of the rezoning. Mr. Chabbott reminded Council that the recently adopted Route #8 Corridor Study recommends the requested zoning. For those that wish to continue residing at these properties, Mr. Chabbott stated that the rezoning does not prohibit it. The rezoning will, however, enhance the value of their property if they ever decide to sell.
Mr. Alan Thompson of Thompson-Alley Associates, representing Mr. & Mrs. Tung Ching Lin, urged approval of the rezonings, Mr. Thompson stated that the overlay zone in this area is more restrictive and, therefore, provides more protection to adjacent property owners. He felt that the proposal represents good planning for the Route #8 area.
Mr. David Johnson, a business operator in the City of Dover, urged approval of the rezonings. He stated that although some residents may not favor the rezonings, it ultimately will prove to be the right decision. He stated that Route #8 is a major thoroughfare and adjacent properties will ultimately be used for commercial purposes.
Council President Christiansen declared the hearing closed.
Mr. Hare moved for approval of the rezoning requests, as recommended by the Planning Commission. The motion was seconded by Mr. Daisey and Council adopted the following ordinances by a roll call vote of seven (7) yes, two (2) no (Mr. Salters and Mr. Christiansen): (It is noted that the first reading of the following ordinances was accomplished on January 11, 1993.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1310, VACANT LOT AND 1324 FORREST AVENUE.
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 R-8 to C-2A.
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 R-8 to C-2A on that property located at 1310, vacant lot and 1324 Forrest Avenue, owned by Henry & Elsie Heller.
ADOPTED: February 8, 1993
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1330 FORREST AVENUE
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 R-8 to C-2A.
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 R-8 to C-2A on that property located at 1330 Forrest Avenue, owned by Tung Chin Lin.
ADOPTED: February 8, 1993
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1344 FORREST AVENUE
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 R-8 to C-2A.
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 R-8 to C-2A on that property located at 1344 Forrest Avenue, owned by James O. Hutchins.
ADOPTED: February 8, 1993
ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1340 FORREST AVENUE
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 R-8 to C-2A.
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 R-8 to C-2A on that property located at 1340 Forrest Avenue, owned by Gayle Ann Chadwick.
ADOPTED: February 8, 1993
ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1358 FORREST AVENUE
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 R-8 to C-2A.
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 R-8 to C-2A on that property located at 1358 Forrest Avenue, owned by Joseph O. & Ruth E. Biddle.
ADOPTED: February 8, 1993
Public Hearing
Council President Christiansen declared the public hearing open for the properties on Forrest Avenue requesting the zoning classification of C-PO (Commercial/Professional Office).
Ms. Sharon Warford of 1417 S. Farmview Drive spoke in favor of the rezonings. Her property backs up to property owned by Ms. June Schamp and she approves of the type of business planned for this parcel.
Mr. June Schamp, owner of 1326 Forrest Avenue, stated that she plans to operate her skin care business from this property and feels that it would be very conducive to the neighborhood.
Mr. David Johnson urged approval of the rezoning, stating that the C-PO zoning acts as a favorable zoning to abut the apartments and residential community.
Council President Christiansen declared the hearing closed.
Mr. Lambert moved for approval of the rezoning requests, as recommended by the Planning Commission. The motion was seconded by Mr. Pitts and Council adopted the following ordinances by a unanimous roll call vote: (It is noted that the first reading of the following ordinances was accomplished on January 11, 1993)
ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1326 FORREST AVENUE
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 RG-2 to C-PO.
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 RG-2 to C-PO on that property located at 1326 Forrest Avenue, owned by June D. Schamp.
ADOPTED: February 8, 1993
ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1362 FORREST AVENUE
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 R-8 to C-2A.
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 R-8 to C-2A on that property located at 1362 Forrest Avenue, owned by Carl R. & Nancy L. Scotton.
ADOPTED: February 8, 1993
PUBLIC HEARING - PAVING OF STREETS
A public hearing was duly advertised to consider the paving of the following streets: 1) Waters Street; 2) Girl Scout Lane; and 3) Spruance Road.
It is the City’s policy to assess the adjacent property owners for the cost of the work. In accordance with Section 28 of the City Charter, a public hearing is required prior to proceeding with the project. The adjacent property owners were notified of the hearing by certified mail and the hearing was publicly advertised. After the public hearings, and upon authorization by City Council to move forward, the project will be completed, with final assessments to be set by Council.
The Public Works Director, Mr. Richard Scrafford, explained that Waters Street is a north-south street that proceeds southbound off of College Road. It is currently a dirt street that requires considerable maintenance. The cost of paving is $10,560, and the assessment would be $6.21 per front foot. There are seven properties, but currently only one resident on the street.
Mr. Scrafford stated that Girl Scout Lane is a north-south street, off of North Little Road. The cost of paving is $6,200, with an assessment of $6.20 per front foot. The east portion of Girl Scout Lane is out of the City, with the western portion being within the City. There are three property owners along City Scout Lane. The owner of the only home on this property has requested paving.
Spruance Road is paved from N. Little Creek Road north and from Whiteoak Road south, there is a segment in between that has been unpaved for a number of years. Projects for the extension of water and sewer have recently been brought to Council, which also are to be assessed to property owners. The project cost for the paving of Spruance Road is $16,100, with an assessment of $26.82 per front foot. The City will be required to acquire 20' of land on the west side of the centerline of the road to allow for the required 60' right-of-way.
Waters Street
Council President Christiansen declared the hearing for the paving of Waters Street open.
Ms. Edna Collins of 85 North Waters Street informed Council that she did not request paving of this street. She objected to having to pay for the paving of the street when she did not request it. Referring to maintenance costs for the dirt road, Ms. Collins stated that the City has rarely performed any maintenance to this road.
Addressing the City’s proposal to rename the street to avoid confusion with Water Street, Ms. Collins stated that this street has historic significance. All of the streets in College Settlement were named after distinguished persons associated with Delaware State College. She stated her opinion that emergency personnel should not have problems with confusing the two street since her street is named “North Waters Street”. The other street, Water Street, runs east and west.
Fire Chief Baker and Police Chief Smith stated that confusion may occur when street names are similar, since during times of emergencies, victims do not always give full street names.
Since Waters Street has historical significance, Mr. Hare suggested the possibility of renaming Water Street.
Council President Christiansen declared the public hearing closed.
Since there was confusion over who requested the street paving, Council directed City staff to meet with Ms. Collins and other involved property owners to determine if there is a desire for the street
paving.
Girl Scout Lane
Council President Christiansen declared the public hearing open on the paving of Girl Scout Lane.
Mr. David Miller, a resident of Girl Scout Lane, stated that several years ago, the City approached him about annexation of his property. He was told by former City employee, Arline Paulson, that if he agreed to annexation into the City, his street would be paved, without assessment to property owners. Although he supports the paving of the street, he objected the assessment to property owners since they were promised free paving as an incentive for annexation.
Mr. Worley stated that Ms. Paulson made an error when supplying annexation information to Mr. Miller. Although it is not in writing, Mrs. Paulson thought that the City would pave the street, once annexed, at the City’s expense. This information was given only to Mr. Miller.
Asked by member of Council, Mr. Rodriguez stated that an employee’s mistake does not legally bind the City.
Mr. Conrad Lewis of 1307 N. Little Creek Road stated that he was given only two days notice of this hearing. He stated that the City has performed nearly no maintenance on the road for the past 17 years. He objected to assessment to property owners for the paving of the road.
Council President Christiansen declared the hearing closed.
Since there was confusion over the property owner’s responsibility for the street paving, Council directed City staff to meet with involved property owners to determine if there is a desire for the street paving and an equitable method of funding the project.
Spruance Road
Council President Christiansen declared the public hearing open for consideration of the paving of Spruance Road.
Mr. Andy Martinez, representing his father, Nicholas Manzanares, spoke in support of the street paving. He stated that the improvements have been necessary for a very long time. He fully understands that his father will be assessed for the project and encourages Council’s approval.
Mr. Bill Hufnal, a Spruance Road property owner, stated his full support for the project.
Council President Christiansen declared the hearing closed.
Mr. Hare moved to authorize staff to proceed with the paving of Spruance Road, seconded by Mr. Daisey and unanimously carried.
Mr. Leary moved for a five minute recess, seconded by Mr. Pitts and unanimously carried. Council reconvened at 9:05 p.m.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on January 26, 1993 with Chairman Levitt presiding.
Comprehensive Annual Financial Report - 1991/92
The City’s Annual Financial Report for fiscal year 1991/92 was prepared and published by the Finance Department and is audited by the independent certified public accounting firm of Faw Casson & Company.
The Comprehensive Annual Financial Report for fiscal year ended June 30, 1991 was submitted for the committee’s review. Ms. Janis Nesterak of Faw Casson & Company explained that the report shows the City’s financial controls and procedures to be in very good order.
The committee recommended acceptance of the Comprehensive Annual Financial Report for fiscal year 1991/92.
By motion of Mr. Levitt, seconded by Mr. Leary, the 1991/92 Comprehensive Annual Financial Report was unanimously accepted.
Request for Payment Schedule for Demolition Costs - Marian Cook
Mrs. Marian Cook, owner of 179-81 Mitscher Road, requested that the City of Dover allow a payment plan for demolition costs involved with the recent demolition of her property. Demolition of the property was approved by Council on September 28, 1992 and the demolition was accomplished in October, with a bill in the amount of $2,625 sent to Mrs. Cook on November 23, 1993, to be paid in full within 30 days, or within one year with monthly payments of $218.75. Mrs. Cook felt it impossible to pay the full costs in such a short period of time and requested that Council extend the payment period for three (3) years, as is done for sidewalk assessments.
Mrs. Tieman explained that the City currently has no provisions for extension of a payment plan for demolition costs beyond one year period and that Council action is necessary in order to do so.
Mrs. Tieman reported that City staff recommends denial of Mrs. Cook’s request for payment arrangements and that payment be due (1) immediately, or (2) within one year.
Council President Christiansen objected to staff’s recommendation, stating that Ms. Cook is eager to repay the debt providing she can pay it over a three year period. He informed the Committee that in years past the City seldom received payment for demolition expenses and the only recourse taken by the City is to place a lien upon the property in the Municipal Lien Docket. In the economic times being experienced, Mr. Christiansen recommended that the Committee take the necessary steps to set up a three year payment plan for demolition costs.
Mr. Hindman questioned why this type of assessment is any different from a sidewalk assessment where Council allows a three year payment plan, with interest. In comparison to sidewalk assessments, demolition costs are much higher, and he felt it unfair to treat the assessments differently.
Mrs. Boaman explained that City staff recommendation a three year payment plan for sidewalks which is approved by Council by adoption of an ordinance for each project. A similar ordinance could be adopted by Council for demolition costs if they so desire.
After discussing the matter in great detail, the committee recommended that Council adopt an ordinance to extend the payment period for the demolition of property located at 179-81 Mitscher Road, owned by Mrs. Marian Cook, for three (3) years, at the interest rate normally charged by the City.
Mr. Levitt moved for approval of the committee’s recommendation. The motion was seconded by Mr. Hare and carried by a unanimous roll call vote. (The first reading of the proposed ordinance will take place during the latter part of this meeting.)
Health Code Amendments - Memorandum of Understanding
The committee considered a Memorandum of Understanding and Health Code Amendments as recommended by the Inspections Director. The Memorandum of Understanding clearly outlines the responsibilities of the City and the State, while at the same time protects the City’s right to have its own Health Officer. The proposed Health Code amendments, which adopts the Delaware Health Regulations, would bring our ordinances in compliance with the terms set in the Agreement. A fee will be set to recoup the cost of the inspections program. Mr. DePrima explained that in past years a restaurant was required to have a “Merchant” license, as well as an “Eating House Establishment” license. He has stopped this practice, feeling that it is unequitable. The new fee schedule in the proposed ordinance will recoup the money originally charged to a restaurant for a “Merchant” license.
Mr. Hindman questioned the Memorandum of Understanding, under “Construction - Plan Review”, asking if the intent of the section is to require State approval for the construction of restaurants in the City. Mr. DePrima explained that the State would only review and approve the plans for the kitchen facility, not the entire restaurant. He will have the wording revised to clearly define the proper intent.
The committee recommended approval of: (1) the Memorandum of Understanding (with clarification of the section entitled “Construction - Plan Review”) and that Mr. DePrima be authorized to sign the Agreement; and (2) the proposed amendments to the Chapter 9 of the City Code relative to Health Code Amendments. (The first reading of the proposed ordinance will take place during the latter part of this meeting.)
Mr. Levitt moved for approval of the committee’s recommendation, seconded by Mr. Daisey and unanimously carried.
Proposal for Parkland Fund (Mr. Tudor)
During the Council Meeting of January 11, 1993, Councilman Tudor submitted a suggestion that a portion of the funds designated for “Parkland Reserve Funds” be utilized for the West Dover Fire Station. This proposal was referred to the City Solicitor for a legal opinion on the subject. City Solicitor Rodriguez stated his opinion that the Parkland Reserve Fund is to be used for “parks, playgrounds, or recreational purposes” only and cannot legally be used for any other purpose.
Although the Parkland Reserve Fund cannot be used as suggested by Mr. Tudor, it was noted by City staff that Council could set up a similar fund for Capital Projects. This would require an ordinance to institute such an impact fee.
Members of the committee discussed various funding alternatives and recommended that staff, during the budget process, include funding alternatives for the West Dover Fire Station for further review by the committee.
Mr. Levitt moved for approval of the committee’s recommendation, seconded by Mr. Hare and unanimously carried.
Information Systems Work Plan
In their 1992 Goals Workshop, City Council set a goal to implement a Strategic Information Systems Plan as soon as possible. The strategy adopted was to develop a work plan for presentation to the committee. Mr. Larry Shank, Manager of Information Systems, submitted a proposed work plan for the period January 1993 through June 1994 (as on file in the City Clerk’s Office). He explained that the work plan is only a guide and that funding for any aspect of the plan will be considered during budget hearings.
The committee recommended acknowledgment of the Work Plan.
Mr. Levitt moved for approval of the committee’s recommendation, seconded by Mr. Salters and unanimously carried.
1993/94 Goals Workshop
A date for the 1993/94 Goals Workshop was discussed. It was recommended that the Workshops be held on February 19 and 20, 1993. The time and location for the Workshops will be determined at a later date.
It was noted by staff that the Workshops will be held at the University of Delaware building, located at 2-4 The Green. The Friday evening session will begin at 5:30 p.m. and the Saturday session will begin at 8:30 a.m.
Action by Council was not necessary.
Quarterly Write-Off of Uncollectible Electric Bills
A list of uncollectible electric bills, totaling $19,453.98, was submitted for the period of July 1, 1991 through September 30, 1991. The list consists of those accounts 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. Even though they are written off, the accounts are assigned to our collection agency and will remain there until all attempts for collection have been exhausted.
The committee recommended acceptance of the write-off of Uncollectible Electric Bills in the amount of $19,453.98.
Mr. Levitt moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
City of Dover and the Media
Noting that several members of Council have written newspaper editorials out of frustration with misconceptions about issues involving the City, Council members have had informal discussions on ways to improve this situation. Mr. Levitt offered the following for discussion:
1) Joint press conferences
2) Quarterly Meetings with Media Executives
3) Establish a Telephone Line Specifically for Inquiries on News Articles
4) Change 15 Minute Forum to Committee Meetings