REGULAR COUNCIL MEETING
The Regular Council Meeting was held on June 11, 1990 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Hall, Daisey, Levitt, Pitts, Salters, Lynn, Weyandt and VanSant.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. Cregar, Fire Chief Whitham, Mrs. Boaman and Mr. Pepper.
The invocation was given by Father Thomas Hanley, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Council President Christiansen requested agenda additions, as follows:
Item #9D - Shepherd Place - Request for Donation
Item #9F - Planner's Comments - Census Information
Mr. Levitt requested the addition of a letter from the Town of Little Creek, as item #9E.
Mr. VanSant moved for adoption of the agenda as amended, seconded by Mr. Levitt and unanimously carried.
Mr. Weyandt reminded members of Council of previous Council action to limit the number of additions to the agenda to emergency additions only. He objected to taking action on matters before he has had an opportunity to review the material submitted. He stated that if the information is not received in time for the printing of the agenda, then the matter should be held until the next Council agenda, except for emergency situations.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MAY 29, 1990
Mr. Daisey moved for approval of the minutes of the Regular Council Meeting of May 29, 1990, seconded by Mr. Lynn.
Mr. VanSant referred to a question raised relative to the vote on confirmation of the appointments to the Legislative and Finance Committee and the Parks and Recreation Committee, stating that a response has not yet been received from the City Solicitor on the legality of the votes. He questioned if adoption of the minutes should be deferred until a decision has been rendered by the Solicitor.
Mr. Pepper stated his opinion that the minutes could be approved, without fear of someone later arguing that actions taken by these committees was ultra vires.
On a call for the question on the motion by Mr. VanSant, the minutes of May 29, 1990 were unanimously approved and bore the written approval of Mayor Richter.
APPOINTMENT - DOVER LIBRARY COMMISSION - COUNCIL LIAISON MEMBER
The Council President submitted the appointment of Councilman Irving Levitt to serve as the Council Liaison member to the Dover Library Commission. There being no other nominations from the floor, Mr. Hall moved that nominations be closed, seconded by Mr. Daisey and carried. The nomination of Mr. Levitt was unanimously confirmed and approved by Council.
APPOINTMENTS - YOUTH ADVISORY COMMITTEE
A request to discuss the appointment of a Youth Advisory Committee was submitted by Mr. Salters which was granted by Council. Mr. Salters stated that although he is sure that the Council President has the best interest of the City of Dover in mind as he proceeds to appoint individuals to the different committees of the City, he is disappointed that no action has been taken on his suggestion for the formation of a Youth Advisory Committee to the Parks and Recreation Committee. He expressed concern that the Council President chose two students to work with the Parks and Recreation Committee without input from other members of Council, feeling that two individuals cannot represent the views of all of the youth of our City.
Mr. Salters moved that a Youth Advisory Committee be formed for the Parks and Recreation Committee, and that each member of Council be given the opportunity to appoint one person from his district to serve on that advisory committee, with the Council President being permitted to select one young person from the City at-large. This procedure will permit the Parks and Recreation Committee to receive input from all sections of our City and will be able to make logical and practical decisions based on the diverse viewpoints of those persons appointed by Council. The motion was seconded by Mr. Weyandt for discussion purposes.
Upon further discussion, Mr. Salters moved to modify his motion to refer the suggestion to the Parks and Recreation Committee and the City Solicitor. The motion, as modified, was unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on May 30, 1990 with Chairman Weyandt presiding.
Fiscal Year 1989-90 - Appropriation to Parking Authority
In the General Fund Budget for fiscal year 1989-90, an approved amount of $75,000 was appropriated for the Parking Authority and an amount of $50,000 was appropriated for the Downtown Development Committee for a total of $125,000, under the line item "Downtown Development". On October 23, 1989, Council approved a loan up to $35,000 to the Authority for the Water Street Parking lot cost over runs. Due to the costs and the possibility of parking spaces at the "ACME" property, the Authority has not undertaken any expansion of the Bradford Street lot.
The Authority has used an amount of $51,591 for an archeological survey at the Water Street lot. The Authority has saved a considerable amount of money in engineering fees, relocation costs and closing expenses, and has earned some interest due to the delay in construction. This has brought down the final short fall to $13,881 for this project. The Authority requested $13,881 from the $35,000 already appropriated in the current year's budget.
The committee recommended approval of a loan, in the amount of $13,881 from the $35,000 already authorized, to the Dover Parking Authority for the balance payment for the Water Street lot.
Mr. Weyandt moved for approval of the committee's recommendation to loan $13,881 to the Dover Parking Authority of the $35,000 already authorized, seconded by Mr. Lynn and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Hall).
As recommended by the committee, Mr. Weyandt moved that Council I carry forward the $75,000 for the Bradford Street lot in the 1990/91 budget, seconded by Mr. Daisey and carried by a unanimous roll call vote.
Bid - Radio Communications Contract
Bids were requested for the annual radio maintenance contract to cover repairs and maintenance of all city radio communication equipment from base stations to pagers. The contract included labor and parts, installation and removal of mobile units, and an annual prevention maintenance check on all units. It requires 24 hours a day, 7 days a week service for the base stations with a guarantee that the base stations will be back in service within 24 hours, and all other equipment within two working days.
Two bids were received as follows:
Charges Conk's Motorola
Annual $27,774.70 $27,579.00
Installations
Dash Mount 85.00 100.00
Trunk Mount 115.00 120.00
Light Bar 85.00 90.00
Sirens 65.00 80.00
Removal 50.00 65.00
Staff stated that although Motorola's bid for the annual charge is the lowest, their installation/removal charges average $11 higher per unit than Conk's. It is estimated that there will be at least 40 removals/installations of various types between all city departments during the contract year. Due to the high removal charge of Motorola, Conk's Communications' bid is lower.
The committee recommended that the Annual Maintenance contract be awarded to Conk's Communication in the amount of $27,774.70 for the period of July 1, 1990 June 30, 1991.
Mr. Weyandt noted receipt of a letter from Motorola Communications, who is protesting the award of the bid to Conk's Communications, based upon Motorola's low bid on the annual charges.
Mr. Weyandt moved for approval of the award of the bid to Conk's Communications in the amount of $27,774.70 for the Annual Maintenance contract for the period of July 1, 1990 - June 30, 1991, subject to review and approval by the City Solicitor. The motion was seconded by Mr. VanSant and carried by a unanimous roll call vote.
Mr. Weyandt moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Lynn and unanimously carried.
BUDGET WORKSHOPS REPORT
The Legislative and Finance Committee held budget workshops on June 4 and 5, 1990 to review the proposed 1990/91 budgets and the 1991/92 projected budgets. Mr. Weyandt thanked Mayor Richter and members of Council for their participation and assistance in the budget review. The committee made changes which will be reflected in the final draft of the budget and will be submitted to Council for adoption at the June 25, 1990 Council meeting. Mr. Weyandt moved for acceptance of the Budget Workshops Report and that the budget be considered by Council on June 25, 1990, seconded by Mr. Lynn and carried with Mr. VanSant voting no.
SET PUBLIC HEARING FOR ELECTRIC FUND BUDGET
By motion of Mr. Weyandt, seconded by Mr. VanSant, Council unanimously set a public hearing for June 25, 1990 at 7:30 p.m. to consider adoption of the Electric Fund Budget.
PROPERTY ASSESSMENT APPEALS COMMITTEE REPORT
The Property Assessments Appeals Committee received formal property assessment appeals on May 21 and 22, 1990, with Councilman VanSant serving as Chairman, and Councilmen Irving Levitt and Francis Weyandt serving as members. The Property Assessment Appeals Committee made the following recommendations:
Committee
Modern Maturity Center Value Appealed Recommendation
1121 Forrest Avenue 224,400 Exempt
Lots 63-64 N. Edgehill Ave. 29,400 Exemption Revoked
18 Greenhill Ave. 367,700 Exemption Revoked
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the hearing.
Council President Christiansen declared the hearing closed.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.
Committee
Kent General Hospital Value Appealed Recommendation
531 S. Governors Ave. 247,700 Exempt
537 S. Governors Ave. 41,900 Exempt
637 S. Governors Ave. 39,200 Exempt
540 S. Governors Ave. 1,125,700 Exempt
800 S. Bradford Street 271,600 Exempt
Medical Alternative Care 312,300 Exempt
1275 S. State Street
KGH Lifestyles Fitness Center 238,300 Exempt
601 S. Governors Avenue
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the hearing.
Council President Christiansen declared the hearing closed.
Although the committee was required to exempt the Kent General Hospital properties from taxation, Mr. VanSant stated that the committee urged hospital officials to consider a donation to the Robbins Hose Company since they often have to respond to alarms at the hospital. Noting that exempt properties contribute nothing towards City services, Mr. VanSant suggested that they consider some sort of payment in lieu of taxes similar to the way Dover Housing Authority contributes to the community.
Mr. Weyandt agreed with Mr. VanSant, stating that the hospital is in competition with private business for many of their services, yet private business is required to pay taxes to support City services. He felt that action should be taken to tighten up laws regarding tax exempt status. Mr. Levitt agreed, stating that tax exempt status does not make an organization exempt from inter-community responsibility. Although the hospital is located in the center of our city, they serve a much larger area which is supported by City of Dover taxpayers.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.
Committee
Land Ltd. (Dover Post Office) Value Appealed Recommendation
55 E. Loockerman Street 865,400 578,400
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the hearing.
Council President Christiansen declared the hearing closed.
Responding to Mr. Lynn, the City Assessor stated that the land is owned by the City, and only the improvements are being considered.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Weyandt and unanimously carried.
Committee
Maple Dale Country Club Value Appealed Recommendation
39 Maple Dale Road 2,935,000 2,500,000
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the hearing.
Council President Christiansen declared the hearing closed.
It was explained that the reduction was based on limited land use, since a deed restriction prohibits the use of the land for anything other than a country club for the next 18 years.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Lynn unanimously carried.
Committee
Frederick & Carol Miller Value Appealed Recommendation
777 E. Loockerman Street 90,800 No Reduction
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the hearing.
Council President Christiansen declared the hearing closed.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Salters and unanimously carried.
Committee
Del. Comm. Enterprise Inc. Value Appealed Recommendation
c/o Ruth Tee 52,400 47,200
625 Maple Parkway
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the hearing.
Council President Christiansen declared the hearing closed.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.
Committee
Joseph & Carolyn Bailey Value Appealed Recommendation
181 Crescent Drive 181,800 169,300
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the hearing.
Council President Christiansen declared the hearing closed.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.
Committee
Nancy Murray Value Appealed Recommendation
309 Lotus Street 135,200 129,500
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the hearing.
Council President Christiansen declared the hearing closed.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.
Committee
Wesley College Value Appealed Recommendation
23 N. Governors Ave. 27,600 Exempt
24 N. Bradford St. 26,000 Exempt
511 Mary St. 403,000 Exempt
112 N. Governors Ave. 95,000 Exempt
1 American Avenue 61,500 Exempt
28 N. State St. 162,000 Exempt
34 N. State St. 203,500 Exempt
9-17 N. Bradford St. 830,600 Exempt
102 N. Governors Ave. 80,300 Exemption Revoked
1144 Westview Terrace 145,200 Exemption Revoked
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the hearing.
Council President Christiansen declared the hearing closed.
Mr. VanSant stated that the committee discussed with Wesley College the same concerns as was discussed with Kent General Hospital relative to contributions to the Robbins Hose Company and other areas of the City that provide services, free of charge, to the College.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Levitt and unanimously carried.
Committee
Rosewell Hammond Est. Value Appealed Recommendation
c/o Anthony Hammond 84,100 81,700
208 N. State Street
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the hearing.
Council President Christiansen declared the hearing closed.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Weyandt and unanimously carried.
Committee
William & Ann Timmers Value Appealed Recommendation
1248 Harrison Drive 94,600 90,200
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the hearing.
Council President Christiansen declared the hearing closed.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.
Mr. VanSant moved for approval of the Property Assessment Appeals Report as submitted, seconded by Mr. Weyandt and carried by a unanimous roll call vote.
SETTING OF PROPERTY TAX RATE
Mr. Weyandt moved that a tax rate of .63 cents per $100 of assessed property value be maintained for fiscal year 1990/91. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.
Mr. Weyandt noted that this will allow the City to maintain the same property tax rate and the same level of service to our taxpayers. He thanked members of Council in their efforts to cut the City's budget so that this tax rate could be maintained.
REZONING REQUEST - 971 FOREST STREET - EDWARD J. TROISE
A request was received to rezone property located at 971 Forest Street owned by Edward J. Troise.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Weyandt, seconded by Mr. Daisey, Council unanimously referred the request to the Planning Commission and adopted the following resolution:
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located at 971 Forest Avenue, are presently zoned for RG-1 use; and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance 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 a public hearing be held in City Hall on August 13, 1990, at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 (General Residential) to Cl-A (Limited Commercial) that property located at 971 Forest Avenue, owned by Edward J. Troise, Sr.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: June 11, 1990
REZONING REQUEST - PROPERTY ADJOINING FOX HALL - ANITA F. AND MARION F. BAYNARD
A request was received to rezone property that adjoins Fox Hall to the southwest, Fox Meadows to the northwest and Hidden Oaks to the southeast, owned by Anita F. and Marion F. Baynard.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Weyandt, seconded by Mr. Daisey, Council unanimously referred the request to the Planning Commission and adopted the following resolution:
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands that adjoins Fox Hall to the southwest, Fox Meadows to the northwest and Hidden Oaks to the southeast, are presently zoned for R-8 use; and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance 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 a public hearing be held in City Hall on August 13, 1990, at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-8 (SingleFamily Residential) to RM-1 (Medium Density Residential) that property that adjoins Fox Hall to the southwest, Fox Meadows to the northwest and Hidden Oaks to the southeast, owned by Anita F. and Marion F. Baynard.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: June 11, 1990
CORRESPONDENCE
Central Dover Business Association - Request to Hold Sidewalk Sale
A request was received from the Central Dover Business Association to hold their Annual Summer Sidewalk Sale on June 22 and 23, 1990.
Mr. Weyandt moved for approval of the request, stipulating that the event be coordinated with the City Manager, Chief of Police and City Planner. The motion was seconded by Mr. Pitts and unanimously carried.
Request for Funds - Inner City Cultural League
A request was received from Councilman Salters, on behalf of the Inner City Cultural League, for $2,000 to help fund the new league.
Mr. Salters moved that the request be referred to the Parks and Recreation Committee for a recommendation to Council, seconded by Mr. VanSant and unanimously carried.
Letter of Appreciation - Mr. Samuel A. Neal - City of Dover Electric Department
Mr. Samuel A. Neal wrote a letter of appreciation for the excellent service he received from the Electric Department when he experienced electrical problems at his home resulting from a broken electrical line at the pole. He commended Electric Department personnel for their expedient and professional response.
Mr. VanSant moved to acknowledge receipt of the letter, directing that the letter be forwarded to the Electrical Director for appropriate act