COUNCIL COMMITTEES
The Council Committees Meeting was held on February 8, 1999, at 6:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters, Mr. Weller and Mayor Hutchison.
AGENDA ADDITIONS/DELETIONS
Due to the large number of Loockerman Street residents in attendance, Mr. Lambert requested that the Utility Committee meet prior to the Legislative and Finance Committee.
Mr. Carey moved for approval of the agenda as amended, seconded by Mr. Salters and unanimously carried.
UTILITY COMMITTEE
The Utility Committee met with Councilman Lambert presiding. Members present were Councilmen Carey and Weller. Councilmen Truitt and Leary were deputized to serve in the absence of Mr. Kramedas (arrived at 6:10 p.m.) and Mr. Farling (arrived at 6:13 p.m.).
Annexation/Rezoning Request - 196 Mifflin Road - Estate of Eugene S. Schuyler
An annexation and rezoning request was received for property located at 196 Mifflin Road, owned by the Estate of Eugene S. Schuyler. The property is currently zoned RS-1 - Single Family (Kent County zoning classification) and is vacant. Since the proposed use is for a single-family home, the City Planner is authorized to make the recommendation directly to City Council on the annexation and rezoning.
The City Planner, Mr. DePrima, explained that across Mifflin Road, to the north and east, are single family homes zoned RS-1 in the unincorporated portions of the County. To the south and southeast are single family homes zoned R-8 (Single Family Residential) in the City. To the rear of the property are lands associated with the Village of Westover Development, which is zoned RM-1 (Medium Density Residential). The Comprehensive Plan recommends low density homes and the Interim Annexation Policy has classified this area as lands most desirable for annexation. Mr. DePrima advised members that the applicants have a contract to sell the property to individuals who wish to construct a new single-family home and be connected to the City’s water and sewer system. Since the proposed annexation/rezoning is consistent with the Comprehensive Plan, the Interim Annexation Policy, surrounding land uses, and because there is a need for City water and sewer, the City Planner recommended approval of the annexation with a zoning classification of R-8.
Mr. Leary moved to recommend approval of the City Planner’s recommendation for annexation of 196 Mifflin Road, with a zoning classification of R-8. The motion was seconded by Mr. Carey and unanimously carried.
Request for Closure of East Loockerman Street
During their Regular Meeting of August 24, 1998, Council considered a request to close the section of East Loockerman Street Extended between the alley east of the restaurant “Where Pigs Fly” and Edgehill Avenue. Council referred the matter to the Planning Commission for further review and recommendation.
Mr. Lambert referred to a letter (dated February 8, 1999) received from DelDOT, indicating that the U.S. 13/113 Corridor has been selected for an intensive study in this year’s 1999 Highway Safety Improvement Program. Since the Planning Commission has formulated a recommendation, it was felt that this would be an excellent opportunity to integrate the significant analysis the City has performed into the broader traffic analysis of the corridor. The anticipated completion date for the study is May of 1999.
Mr. Weller moved to recommend that action be deferred until the completion of the study by DelDOT, seconded by Mr. Leary.
Prior to deferring the matter, Mr. Lambert requested that Mr. DePrima be permitted to present a briefing of the East Loockerman Street Study and to allow input from the public. Mr. Weller withdrew his motion, as did Mr. Leary his second.
Mr. DePrima, City Planner, provided members with the East Loockerman Street Study (as on file in the Office of the City Clerk) and thanked Mr. David Edgell, Mr. Steven Lee, the Police Department, and the Development Advisory Committee for their contributions in preparing the Study. The Study includes an analysis of the Edgehill Acres neighborhood, traffic volume, speed, accidents, capacity of East Division Street, and development growth. Mr. DePrima presented the various options considered for alleviating the traffic situation on East Loockerman Street. He stated that there are six (6) alternative actions included in the study, which were the subject of public involvement workshops. The Development Advisory Committee also reviewed the study and provided comments. After considering the study data, the comments of the public, and the comments of the DAC, staff recommended that a portion of East Loockerman Street Extended be made one-way eastbound between the alley and South Edgehill Avenue. It was also suggested that additional “curve” warning signs, with the speed limit, be posted eastbound before the curve on East Loockerman Street Extended and that DelDOT be requested to re-evaluate the traffic light timing for Route 13 at Division Street and East Loockerman Street.
Mr. DePrima stated that after review of the study and a public hearing, the Planning Commission recommended endorsement of staff’s recommendation. In addition, the Planning Commission recommended that East Loockerman Street Extended be retrofitted with sidewalks.
Mr. Weller reported that the Transportation Review Committee reviewed the recommendation of the Planning Commission and endorsed the recommendation; however, it was suggested that it should first be constructed using temporary construction methods. He indicated that some members felt that prior to taking action that would alter the roadway, that the speed limit on East Loockerman Street Extended be reduced to 15 mph, with strong enforcement.
Mr. Lambert stated that as a non-voting member of the Transportation Review Committee, he recommended that the speed limit be reduced to 15 mph on East Loockerman Street Extended for a six-month trial period. It was his feeling that it would solve the traffic problems during peak periods, and reduce the likelihood of traffic cutting through the Edgehill Shopping Center parking lot. Mr. Lambert agreed that action should be deferred until DelDOT has had the opportunity to complete their study.
Mr. Lambert opened the floor for public comments.
Mr. Ellis Rath, 797 East Loockerman Street, stated that he has witnessed vehicles traveling at 40 to 50 mph on many occasions. It was his feeling that reducing the speed limit to 15 mph would not solve the traffic problems in the area unless enforcement was substantially increased. According to the study, he noted that 3% of the traffic (88 vehicles) traveled at 10 or more mph over the current speed limit of 25 mph. If drivers will not obey the 25 mph speed limit, it was his opinion that they will not obey a 15 mph speed limit. Mr. Rath questioned the relationship between DelDOT’s study of Route13/113 and East Loockerman Street and relayed concern with the length of time it may take for the completion of the study. He indicated that he supports the recommendation of the Planning Commission as an option, since it will provide some relief.
Responding to the concerns of reducing the speed limit, Mr. Lambert stated that the penalty for a person driving 35 mph in a 15 mph zone would be more severe than that of a 25 mph zone. It was his feeling that it would deter drivers from speeding and, in some cases, it will discourage drivers from utilizing the street.
In response to Mr. Weller, Mr. DePrima stated his feeling that the letter was not indicating that DelDOT would be conducting a study of East Loockerman Street Extended but are volunteering to evaluate the impact of the City’s recommendation, in conjunction with their study of the “golden triangle” at the Court Street/U.S. 13/U.S. 113 intersection and the U.S. 13/U.S. 113 corridor traffic, prior to final action by Council.
Mr. Bill Murray, 745 East Loockerman Street, stated that he originally requested that the street be closed; however, after attending the workshops, he now feels that the best option would be a compromise as recommended by staff. Mr. Murray briefly described his experiences with the traffic conditions on East Loockerman Street and noted that several of the accidents reported by the Police Department have involved residences. It was his feeling that a reduction in the speed limit will not resolve the traffic problems.
Mayor Hutchison relayed his support that action be delayed until DelDOT has had time to complete its study. It was his feeling that a total assessment of the impact that any alteration could have on traffic is necessary prior to taking action. In the meantime, he assured members that he would request that the Police Chief increase enforcement on East Loockerman Street Extended.
Mr. Robert Tudor, 706 East Division Street, relayed concern with the proposal to make a portion of East Loockerman Street one-way. He felt that it would only divert traffic to other areas that cannot withstand the impact, such as Division Street which already has an excessive amount of truck traffic. He noted that the City is continuing to grow and cautioned members to consider the impact any change would have today as well as in the future. Mr. Tudor stated that the concerns of residents of East Loockerman Street are no different from any other resident in this City due to growth. It was his feeling that there is an enforcement problem and suggested that, at this time, members consider increasing enforcement of the current posted speed limit to resolve the traffic concerns on East Loockerman Street.
Concurring, Mr. Salters stated it is the City’s responsibility to provide public safety, which includes providing adequate police to enforce a speed limit when necessary and felt that enforcement would be the least dramatic of the options available.
Mr. Christiansen questioned why drivers would be permitted to continuously disobey traffic regulations, feeling that “no continues to mean no”. He encouraged the Police Department to make a concerted effort to enforce all speed limits throughout the City.
Mr. Edward Cox, 798 East Loockerman Street, stated that there have been numerous solutions from numerous sources for several years. Noting that the police are not able to enforce the 25 mph speed limit at all times, it was his opinion that they would have the same problem regardless of the posted speed limit; therefore, he would not support the suggestion of a 15 mph speed limit. It was his feeling that the only alternative to resolve the traffic problems would be to completely close East Loockerman Street at South Edgehill Avenue.
Mr. Vito DiFronzo, 761 East Loockerman Street, stated that the original request was for closure of East Loockerman Street and that Edgehill Acres be treated as a residential area. Unfortunately, due to its close proximity to commercial areas, the only means to separate the residential area from the commercial area is to close East Loockerman Street Extended. He noted that most new developments have one entrance and exit, which does not provide through traffic, and that Edgehill Acres should not be treated any differently. Mr. DiFronzo requested that action be taken to help the residents and that there be no delays.
Mr. John Stautzenbach of 721 Maple Parkway, President of the Edgehill Civic Association, stated that the Civic Association would be discussing the East Loockerman Street issue during their meeting scheduled for February 23rd. With reference to the police enforcement, it was his feeling that the concept will not resolve the problems. He advised members that he has had to call the police an exorbitant number of times to report certain crimes and violations in the area and received no response. Therefore, he does not feel that the police will be effective in controlling speeding vehicles.
Mr. Ron Hall, 636 Maple Parkway, concurred with the comments regarding police response in the Edgehill area. He stated that he supports the residents of East Loockerman Street in their attempt to improve the street. As a member of the Edgehill Civic Association, it is his feeling that the association should attempt to resolve the concerns of the entire neighborhood. Whatever the final decision of Council may be, Mr. Hall recommended that it be a permanent solution rather than a “band-aid”.
Mr. Carey moved to recommend that the City Planner forward a letter to DelDOT requesting that they incorporate, along with their study, the options that the City is considering, such as the one-way option and reducing the speed limit to 15 mph. The motion was seconded by Mr. Truitt and unanimously carried.
Request for Street Waiver - Route 13 - Scarborough Access Road Connector
The proposed Route 13/Scarborough Access Road Connector is to be located along the path of the existing City of Dover driveway that accesses the former Frazier Pit Landfill and the Frazier Electric Substation. This street will connect Route 13 with the proposed Scarborough Access Road. It will serve as the entrance to the proposed Lowes Home Center, as well as properties to the north, and will provide access to the proposed location for the Delaware Civic Center. Lowes Home Center, Inc. is combining a 30-foot wide portion of their property with the City’s 20-foot wide access driveway to create a 50-foot wide road right-of-way.
The applicants (Lowes Home Center, Inc. and the City of Dover) are requesting a waiver from the subdivision street standards (Subdivision Regulations Appendix A of the City Code, Article VI, Section A) which requires a 60-foot minimum right-of-way, to permit a 50-foot right-of-way width. The pavement width will be 40-feet, which meets City standards.
The Planning Commission recommended approval of the street waiver request. In making its decision, the Planning Commission considered the significant advantage that will be provided to the City to transform the existing driveway into a public access road.
In response to Mr. Lambert, Mr. O’Connor stated that the reduced right-of-way would accommodate existing and future utility requirements. He stated that there would be sidewalks on both sides of the roadway with both underground and overhead utilities in the rights-of-way.
Mr. Carey considered the possibility of the road becoming a main artery in the future, consisting of four (4) traffic lanes each way with a turn lane. He expressed concern that approval of the requested waiver would not allow for this type of expansion.
Responding, Mr. DePrima explained that the proposed connector road would lead to Scarborough Road, which is a proposed two-lane road.
Mr. Leary moved to recommend approval of the requested street waivers for that portion of the Route 13/Scarborough Access Road Connector, consisting of 1,000' in length, as recommended by staff and the Planning Commission. The motion was seconded by Mr. Farling and unanimously carried.
Bid - 43-Horsepower Walk-A-Long Trencher/Plow
The City’s Electric Department has one trencher which was purchased in 1995. This trencher is used continuously for installing underground lines in housing developments and for street light installations. This heavy and continuous usage has resulted in numerous breakdowns, causing a delay in completing the extension work. Staff feels that an additional trencher is required in order to complete the work on a timely basis. Bids for a Vermeer 43hp walk-a-long trencher with a plow attachment were received as follows:
Vermeer Sales & Service, Inc. (Annapolis, MD) $27,985
Vermeer Sales & Service, Inc. (Ashland, VA) $29,036
Vermeer North Atlantic Sales & Service (Highspire, PA) $29,105
The purchase of an additional trencher was scheduled for next fiscal year; however, due to necessity, staff requested permission to make the purchase during the current fiscal year. Funding for this purchase will be available in the Transmission and Distribution Budget (equipment purchase account) through budget revisions. Staff recommended that the bid for the purchase of a Vermeer 43hp walk-a-long trencher/plow be awarded to Vermeer Sales & Service, Inc. of Annapolis, Maryland, in the amount of $27,985.
Responding to Mr. Lambert, Mr. O’Connor stated that the equipment breakdowns being experienced are consistent with normal usage. Mr. O’Connor noted that they are performing extensive underground work and this equipment is vital to the continuation of that work.
Mr. Carey moved to recommend approval of staff’s recommendation. The motion was seconded by Mr. Kramedas and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilman Leary, Councilwoman Malone, and Mr. Merritt. Mr. Truitt was deputized to serve in the absence of Mr. Gorman (departed at 7:10 p.m.).
Revised Budgets for Fiscal Year 1998-99
The City revises its budgets to reflect the changing needs of its operating departments and to include fluctuations in revenues. The Finance Director/Treasurer submitted the proposed revisions to the 1998/99 budget.
Mr. Leary felt that the proposed budget revisions were appropriate. As indicated by staff, the actual insurance claims filed for last year and the current year were more than the amount estimated; therefore, an additional $600,000 (loan from City) has been provided in the Health Insurance Fund. Staff is in the process of devising a plan to resolve this issue, which may include health insurance rate redesign and revisions for the City and employees. Mr. Leary requested that he be kept informed of the Health Insurance Fund.
Mr. Salters moved to recommend acceptance of the proposed budget revisions (Attachment #1), as recommended by staff. The motion was seconded by Mr. Leary and unanimously carried.
Mrs. Malone moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 7:22 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
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