Regular Committee Meeting
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Aug 10, 1998 at 12:00 AM

COUNCIL COMMITTEES

The Council Committees Meeting was held on August 10, 1998, at 6:45 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Lambert, Mr. Pitts (arrived at 6:55 p.m.), Mr. Leary, Mr. Truitt, Mr. Carey (arrived at 6:55 p.m.), Mr. Salters, Mr. Weller and Mayor Hutchison. Mrs. Malone was absent.

AGENDA ADDITIONS/DELETIONS

Mr. Leary noted the many citizens attending the meeting and requested that the Safety Advisory Committee Meeting be held prior to the Legislative and Finance Committee Meeting.  Mr. Leary moved for approval of the agenda as amended, seconded by Mr. Lambert and unanimously carried.

SAFETY ADVISORY COMMITTEE

The Safety Advisory Committee met with Chairman Truitt presiding. Members present were Mr. Martin and Mr. Wolfe. Councilmen Lambert and Leary were deputized to serve in the absence of Councilmen Carey and Pitts (upon Mr. Carey’s arrival, Mr. Leary relinquished his seat on the Committee).

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.

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. 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. Salters reminded members that when this issue was previously considered by Council, the Police Chief at that time recommended that the street remain open with an increase in traffic enforcement in the area. After the recommendation was implemented and a thorough review of the situation was made, it was determined that the increased traffic enforcement alleviated the traffic concerns. Mr. Salters suggested that a diligent effort on the part of the police may rectify the traffic situation once again.

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.

Mr. Wolfe stated that the street, as presently constructed, is not capable of withstanding excessive traffic. Although he agreed that the development of the John Hunn Brown property will impact traffic on East Loockerman Street Extended, he did not feel that closing the street would resolve the traffic concerns.

Responding to Mr. Weller as a member of the Robbins Hose Company, Mr. Carey stated that the Fire Department’s established route for accessing the development is by utilizing Division Street to either Edgehill Avenue or East Loockerman Street Extended at Division Street. He stated that the closing of East Loockerman Street Extended as requested would not reduce the Fire Department’s response time.

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.

Mr. Truitt moved to recommend that the matter be referred to the Planning Commission for further consideration, seconded by Mr. Lambert.

To provide members with a clear understanding of the impact any decision may have regarding this issue, Mayor Hutchison suggested that the Police Department 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. 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.

Mr. Bill Murray, 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.

On a call for the question by Mr. Lambert, the motion recommending that this matter be referred to the Planning Commission for further review was unanimously carried.

Meeting Adjourned at 7:22 P.M.

LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilman Leary, Mr. Gorman and Mr. Merritt. Mr. Pitts was deputized to serve in the absence of Mrs. Malone.

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.

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.

Mr. Leary moved to table the item until August 24, 1998 to afford the City Solicitor time to review the proposed amendment, seconded by Mr. Martin and unanimously carried.

Meeting Adjourned at 7:35 P.M.

Respectfully submitted,

Robin R. Christiansen

Council President

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