REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 26, 1999 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters, and Mr. Weller.
Council staff members present were Chief Faulkner, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Green, and Mr. Rodriguez.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Christiansen declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Mr. Richard Ornauer, 17 Mifflin Road, advised members that in planning for the future, the DelDOT envisions changes in the intersection at Kenton Road and Route #8. He noted that with the addition of Plaza 8 and with the present McDonalds and WaWa, this area is becoming more of a problem than ever before. He reminded members that the City has previously requested DelDOT to install a traffic signal at Route #8 and Mifflin Road. Unfortunately, DelDOT has repeatedly denied the request. Taking into consideration the close proximity of Mifflin Road to Kenton Road, Mr. Ornauer suggested that the City recommend that when considering the improvements on Route #8 at Kenton Road, that DelDOT also consider the installation of a traffic signal at Mifflin Road and Route #8 to make it part and parcel of the same project. He requested that this matter be referred to the appropriate committee for their review and recommendation to Council. (City Clerk’s Office Note: This matter has been referred to the Transportation Review Committee).
The invocation was given by Elder Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Lambert moved for approval of the agenda, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 12, 1999
The Minutes of the Regular Council Meeting of July 12, 1999 were unanimously approved by motion of Mr. Salters, seconded by Mrs. Malone and bore the written approval of Mayor Hutchison.
PRESENTATION - REXENE ORNAUER - SERVICE ON CITY OF DOVER PLANNING COMMISSION (1993-1999)
Council President Christiansen, along with Mayor Hutchison, Mrs. Malone, Mr. Leary, and Mr. DePrima, presented Mrs. Ornauer with a Dover Cup in recognition of her service to the City of Dover as a member of the Planning Commission from 1993 to 1999. On behalf of all members of Council and the Planning Commission, Council President Christiansen thanked Mrs. Ornauer for her devotion and perseverance in addressing the planning needs of our City.
Mr. DePrima advised members that Mr. Friedman, Chairman of the Planning Commission, was unable to attend tonight’s meeting and requested that he relay, on behalf of all members, their appreciation to Mrs. Ornauer for her contributions and assistance, indicating that she was the Commission’s “detail” member - always paying special attention to the details included on the applications.
All members wished Mrs. Ornauer much success in future endeavors.
Mrs. Ornauer stated that it has been a pleasure serving as a member of the Planning Commission and that, although there are some trends that she has concerns with, she is confident that the City will continue to prosper.
PROPOSED RESOLUTION - FEDERAL LAND AND WATER CONSERVATION FUND
By motion of Mrs. Malone, seconded by Mr. Leary, Council unanimously adopted the following Resolution:
WHEREAS, in 1964, Congress created the Land and Water Conservation Fund (LWCF) to assure that Americans have access to high quality recreation resources to enhance the health and vitality of the Nation, and to preserve valuable habitat; and
WHEREAS, investments from the fund support the creation of public parks, efficient management of forests, preservation of clean water and open spaces and guarantee outdoor recreational opportunities and other social and environmental objectives for the nation; and
WHEREAS, since its creation, LWCF has been the cornerstone of American conservation and recreation, making possible the acquisition of nearly seven million acres of parks, forests, and conservation lands nationwide and further making possible the development of more than 37,500 state and local parks, conservation and recreation projects, including all types of outdoor recreation facilities including playgrounds, ball fields, ball courts, national historical sites, and scenic trails; and
WHEREAS, from 1965 through 1993, Delaware received $30 million in stateside LWCF funding for the acquisition of parks and conservation areas and for the construction of outdoor recreation facilities; and
WHEREAS, the citizens of the City of Dover have been the beneficiaries of LWCF funds, through improvements to Silver Lake Park, Slaughter Street Park, Kirkwood Street Basketball Courts, New Street Park, Mayfair Park, Dover Parks and Recreation Center, West Dover Playground and the Dover High School tennis courts; and
WHEREAS, the LWCF Act authorizes investment of $900 million annually in recreational resources, principally from public revenue received from off-shore leases for oil and gas extraction, and that the Congress must annually appropriate funds from the LWCF account; and
WHEREAS, the fund emphasizes the need to conserve public spaces and to develop and maintain state and local resources in anticipation of increasing population and in response to rapid changes in land use and availability; and
WHEREAS, for several years, no allocations have been made to fund the stateside grants program, though the enabling legislation provided for such allocations and encourages Congress to provide “close to home” parks and recreational opportunities; and
WHEREAS, without congressional allocations for stateside programs, states are severely limited in their capacity to develop parks and open spaces or provide funds to local jurisdictions for the creation of neighborhood recreational facilities; and
WHEREAS, the need to preserve open spaces and develop and maintain local parks and recreational facilities becomes more critical each year due to the demands placed on such facilities by ever increasing populations; and
WHEREAS, state and local governments have equally matched LWCF resources, then assumed all costs of management and maintenance of parks acquired or developed with LWCF support, thus containing the cost of federal actions to meet the public’s outdoor recreation requirements.
NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council recognize the purpose of the Land and Water Conservation Fund as a long-term investment of non-renewable resources to protect America’s natural resources and enhance recreation opportunities.
2. That the Mayor and Council sees an absolutely critical need for the full and permanent funding of the Land and Water Conservation Fund and an equitable allocation of funds between federal and state matching grants programs.
3. That the Mayor and Council encourages Congress to allocate LWCF funds for the stateside programs to be divided equally among the states to fund state and municipal projects.
4. That the Mayor and Council direct the City Clerk to furnish a copy of this Resolution to Senator William V. Roth, Senator Joseph R. Biden, Representative Michael N. Castle, and Charles A. Salkin, Director of the State of Delaware Division of Parks and Recreation and LWCF State Liaison Officer.
ADOPTED: July 26, 1999
MONTHLY REPORTS - JUNE 1999
By motion of Mr. Carey, seconded by Mr. Pitts, the following monthly reports were accepted under consent agenda:
City Assessor Report
City Manager's Report
Mayor's 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
Mr. Truitt noted that the Chief of Police Report indicates that a total of 13,971 complaints were received through June 30, 1999, which is an increase of 414 complaints over the same period in 1998; an increase of 2,592 traffic arrests; and a decrease of 38 accident investigations. Considering these statistics, Mr. Truitt complimented the Police Department for their outstanding service.
Mr. Leary referred to the Planning and Inspections Report and requested Mr. DePrima to provide an update with regards to the pending demolitions. Mr. DePrima stated that there has been no progress made at 1380 College Road; therefore, bids have been requested for the demolition of the property. He anticipates the City moving forward with the demolition of the property in August. With regards to 279 Troon Road, Mr. DePrima stated that the owner has indicated that the windows and garage door have been ordered and that, although progress has been made, it is not being done in a timely manner. He advised members that the owner continues to be fined $100 per day and that a request has been sent to the City Solicitor with copies of all the summonses issued to begin prosecuting the charges.
Referring to the City Clerk/Alderman Report, Mr. Salters questioned the City’s budget with regards to the receipt of such fines. Responding, Mr. O’Connor explained that fines are budgeted; however, any fines collected over and above the projected revenue is applied to the Beginning Balance for the following year.
Mr. Lambert clarified that the City does not budget an amount for fines that must be collected for traffic violations.
Mr. Salters moved for acceptance of the Chief of Police, Planning and Inspections, and City Clerk/Alderman Reports for June 1999, seconded by Mr. Leary and unanimously carried.
REZONING REQUESTS/FIRST READINGS
Property Located at 632 North DuPont Highway - North Silver Lake, LLC
A request was received to rezone property located at 632 North DuPont Highway, owned by North Silver Lake, LLC. The property is currently zoned C-1A (Limited Commercial) and the requested zoning is C-4 (Highway Commercial) and RG-3 (Group Housing).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Lambert, seconded by Mr. Salters, Council unanimously referred the request to the Planning Commission and set a public hearing for September 13, 1999 at 7:30 p.m. The first reading of the following proposed ordinance was accomplished by title only:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 632 NORTH DUPONT HIGHWAY.
Property Located at 1499 White Oak Road - Roland and George Garrison
A request was received to rezone property located at 1499 White Oak Road, owned by the Roland and George Garrison. The property is currently zoned A (Agriculture) and the requested zoning is IPM-2 (Industrial Park Manufacturing - Technology Center).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Lambert, seconded by Mr. Salters, Council unanimously referred the request to the Planning Commission and set a public hearing for September 13, 1999 at 7:30 p.m. The first reading of the following proposed ordinance was accomplished by title only:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1499 WHITE OAK ROAD.
ANNEXATION AND REZONING REQUEST/FIRST READING - 3282 N. DUPONT HIGHWAY - FIRST UNITED PENTECOSTAL CHURCH OF DOVER
A request was received for annexation and rezoning of property located at 3282 N. DuPont Highway, owned by First United Pentecostal Church of Dover. The property is currently zoned RMH - Residential Manufactured Homes, B-G - General Business, and A-R - Agricultural-Residential (Kent County zoning classifications) and the requested zoning is IO - Institutional/Office (City of Dover zoning classification). Staff recommended that the request be referred to the Planning Commission and Utility Committee, that an annexation referendum be set for September 16, 1999 and that a public hearing be set for September 27, 1999 at 7:30 p.m.
Mr. Carey moved for approval of staff's recommendation. The motion was seconded by Mr. Leary and Council unanimously acknowledged the first reading of the following Ordinance, by title only, and adopted the following Resolution:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 3282 NORTH DUPONT HIGHWAY.
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area located at 3282 N. DuPont Highway, which is contiguous to the present City limits, into the limits of the City of Dover and within a zoning classification as recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special election be held for an area located at 3282 N. DuPont Highway, situated in East Dover Hundred, Kent County, State of Delaware.
2. That the election be held on the 16th day of September, 1999, commencing at the hour of 11:00 a.m. in the City Hall Annex, 15 E. Loockerman Street, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in accordance with the City of Dover Charter.
Mr. Weller moved for adjournment, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 7:53 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of July 26, 1999, are hereby approved.
JAMES L. HUTCHISON
MAYOR
JCG/tam