REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 24, 1998 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. Edgell, 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.
There was no one present to speak during the Open Forum Segment.
The invocation was given by Reverend Jeffrey L. Osgood, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Leary requested the deletion of items #4G - #4K, Monthly Financial Reports for July 1998, to be deferred until the September 14th Council Meeting. Mr. Salters requested the addition of item #3B, Upgrade of Fire Department Cascade System.
Mr. Weller moved for approval of the agenda as amended, seconded by Mr. Leary and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 10, 1998
The Minutes of the Regular Council Meeting of August 10, 1998 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Truitt and bore the written approval of Mayor Hutchison.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on August 10, 1998 with Chairman Truitt presiding.
Closing of East Loockerman Street Extended (referred by Planning Commission)
During the Planning Commission meeting of July 20, 1998, a public hearing was held regarding the John Hunn Brown Preliminary Subdivision, located on the easterly side of Route 13/113 between East Loockerman Street Extended and South Little Creek Road. Residents of this area submitted a petition in opposition to the proposed subdivision due to their anticipation of the additional traffic that will be generated. The petition included a request to close the section of East Loockerman Street Extended between the alley east of the restaurant “Where Pigs Fly” and Edgehill Avenue. The residents indicated that due to the existing commercial activities in this area, there already is an excessive amount of traffic on East Loockerman Street Extended and that the development of the John Hunn Brown Subdivision will generate additional traffic and problems for the residents.
It was their feeling that the requested street closure will eliminate the use of East Loockerman Street Extended as a shortcut and force traffic entering and departing the neighborhood to utilize Division Street.
The Planning Commission approved the preliminary subdivision as presented. Although at this time no developments are proposed that would connect the John Hunn Brown property to East Loockerman Street Extended, members recognized the existing safety concerns with regards to traffic congestion and speeding on East Loockerman Street Extended and referred this matter to the Safety Advisory Committee for further review and recommendation to Council.
During the committee meeting, Mr. Truitt referred to the information provided by the City Clerk, summarizing the history of Council action from 1980 to present regarding the traffic concerns on East Loockerman Street Extended.
Mr. Lambert recalled that in 1992, Council reacted very quickly in the closing of East Loockerman Street Extended. This decision was soon reversed by members based on the recommendation of the Police Chief that the situation be addressed by providing stricter traffic enforcement. At that time, a report was submitted from the Police Department that indicated that the increased enforcement had successfully reduced the traffic problem in the area. Mr. Lambert cautioned members not to rely on stricter enforcement as a solution, indicating that there is a reduced number of officers available for traffic patrol due to increased complaints and heavier traffic flow in the City of Dover. He suggested considering the effects of the John Hunn Brown development and the Route 8 Interchange. Although Mr. Lambert agreed that the traffic and safety situation in this area warrants further consideration, he urged members to proceed cautiously.
Mr. DePrima, City Planner, explained that the John Hunn Brown Subdivision will have three (3) access points: North Little Creek Road, South Little Creek Road, and a future access road which will be constructed once the commercial portion of the property is developed. This road will utilize the service road which currently runs behind the existing businesses and will connect to the service road running parallel to Route 13. Mr. DePrima stated that the more dense area of the development will be located on the southern end and that it is his feeling that South Little Creek Road will be utilized to access Route 13.
Council President Christiansen expressed concern that, if the Route 8 Interchange is opened, this neighborhood would be inundated with traffic. He stated that although he is not in favor of closing streets, this particular situation may merit a closure. Council President Christiansen felt that the traffic information that has been provided is antiquated and suggested that prior to making a decision, members obtain current traffic information from the State and what the projected impact of the John Hunn Brown development will be for traffic in this area.
Mr. Leary explained the process involved for consideration of a street closing, noting that the process will not allow a hasty decision to be made. He stated that the committee’s recommendation will be forwarded to Council for consideration, who will then refer the matter to the Planning Commission for their review and recommendation. Should the Planning Commission recommend alteration of the roadway, a public hearing must be held by City Council.
Several members felt that prior to a decision being made, the Police Department should be requested to increase traffic enforcement on East Loockerman Street Extended and that DelDOT be requested to conduct or provide a current traffic study of the area. It was felt that the study should include the impact that the John Hunn Brown development will have on East Loockerman Street Extended as well as the proposed Route 8 Interchange.
During the committee meeting, Mr. Bill Murray of 745 East Loockerman Street Extended, addressed members as a representative of the residents of Edgehill Acres. For the committee’s perusal, he requested those residents in attendance to stand (it is noted that several residents stood to be recognized). He advised members that South Halsey Road, South Edgehill Avenue, and East Loockerman Street Extended was depicted on an old map as Edgehill Acres and requested that when reference is being made to this area in the future, that it be referred to as “Edgehill Acres”. Mr. Murray stated that the residents are not requesting members to make a hasty decision to resolve their concerns and indicated that if a decision is made to close the road, it should be a final decision and remain closed. He advised members that there has been an increase in traffic in Edgehill Acres and believes that, with the additional commercial development, traffic will continue to increase. Mr. Murray stated that although he is not opposed to the opening of the Route 8 Interchange or the development of the John Hunn Brown property, he felt that a major issue to be considered is the traffic conditions.
After much discussion, the committee recommended that this matter be referred to the Planning Commission for further review.
Mr. Truitt reminded Council of the process involved in considering any type of alteration of a roadway. By referring this matter to the Planning Commission, comments will be received by the Development Advisory Committee (DAC) which includes DelDOT, Police Department, Fire Department and other pertinent agencies and departments. In addition, he advised members that staff intends to work with DelDOT regarding a traffic study in the area. The study is expected to be received and forwarded to the Planning Commission for their review and recommendation in November.
Mr. Truitt moved for approval of the committee’s recommendation to refer the matter to the Planning Commission for further review, seconded by Mr. Pitts and unanimously carried.
Mrs. Malone moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Leary and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on August 10, 1998 with Chairman Salters presiding.
Proposed Ordinance - Chapter 14, Offenses-Miscellaneous - Section 14-6, Disorderly Conduct
Due to recent complaints regarding the use of laser light pens and a problem that occurred during the 4th of July celebration in Dover, staff was requested to investigate the possibility of prohibiting the use of laser light pens in the City of Dover.
Staff recommended amending Chapter 14, Offenses-Miscellaneous - Section 14-6, Disorderly Conduct by adding a new subsection (14) to read as follows:
“Concentrate, focus, or direct any high intensity light or laser light on anyone in a public place or to the annoyance of any other person.”
The proposed amendment will prohibit the use of laser light pens which can be annoying, distracting to individuals and create an unsafe situation at public events.
During the committee meeting, Mr. Leary stated that he has not received any complaints regarding this issue and has received no data that this is a public safety issue. Mayor Hutchison commented that there were numerous laser lights directed at Judge Steele and other dignitaries during the 4th of July celebration in Dover. It is his understanding that laser lights can cause damage to the eyes.
In response to Mr. Leary, Mr. DePrima explained that Section 14-6, Disorderly Conduct, is very specific and does not include a section that could be construed to govern the use of laser light pens.
The committee tabled action until August 24, 1998 to afford the City Solicitor time to review the proposed amendment.
Mr. Salters requested approval by utilizing the consent agenda format. Mrs. Malone moved for approval by consent, seconded by Mr. Leary and unanimously carried.
Upgrade of Fire Department Cascade System
The Fire Department’s FY-1999 Budget included $27,500 to upgrade the Cascade System, a high pressure breathing air system used to fill firefighters’ air tanks. The upgrade is necessary due to inefficiency caused by the age of the system.
Airpower International, the sole bidder, submitted a bid in the amount of $28,358. The Robbins Hose Company #1 has indicated that they will contribute the remaining $858 for this purchase. Staff recommended purchasing the upgrade of the Cascade System from Airpower International in the amount of $28,358, with Robbins Hose Company providing $858 toward the purchase.
The committee recommended approval of staff’s recommendation.
Mr. Salters moved to approve purchasing the upgrade of the Cascade System from Airpower International in the amount of $28,358, with Robbins Hose Company providing $858 towards the purchase, as recommended by the committee. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
MONTHLY REPORTS - JULY 1998
Mr. O’Connor noted that the Library’s Mission Statement Standards Long-Range Plan 1998-2002 has been included with the City Manager’s Monthly Report.
Responding to questions regarding the installation of the new carpet at the Library, Mr. O’Connor stated that the delay is due to securing a site to store the books during the installation of the carpet. He also advised members that once this work begins, the Library will be closed temporarily for a short period of time.
By motion of Mr. Leary, seconded by Mr. Salters, the following monthly reports were unanimously accepted:
Chief of Police Report
Planning and Inspections Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager's Report
Mayor's Report
REZONING REQUEST - 110, 120 and 132 WYOMING AVENUE - ROBERT W. AND JANET M. KIDD
A request was received to rezone properties located at 110, 120 and 132 Wyoming Avenue, owned by Robert W. and Janet M. Kidd. The property is currently zoned R-15 (Single Family Residence) and the requested zoning is C-PO (Commercial/Professional Office).
Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Carey, seconded by Mr. Truitt, Council unanimously referred the request to the Planning Commission and set a public hearing for October 12, 1998, 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 PROPERTIES LOCATED AT 110, 120 AND 132 WYOMING AVENUE.
Mr. Leary moved for adjournment, seconded by Mr. Weller and unanimously carried.
Meeting Adjourned at 7:46 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of August 24, 1998, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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