COUNCIL COMMITTEES
The Council Committees Meeting was held on July 26, 1994, at 7:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Lambert, Mr. Tudor, Mr. Pitts, Mrs. Malone, Mr. Weyandt, Mr. Hare and Mayor Hutchison. Mr. Leary and Mr. Salters were absent.
AGENDA ADDITIONS/DELETIONS
Mr. Lambert requested the addition of item #3 to the Utility Committee agenda to consider an additional one million dollars to the minimum reserve fuel adjustment account.
Mr. Hare moved to accept the agenda as amended, seconded by Mr. Lambert and unanimously carried.
SAFETY ADVISORY COMMITTEE
The Safety Advisory Committee met with Chairman Hare presiding. Members present were Councilwoman Malone, Councilman Pitts and Mr. Coleman.
NOISE ORDINANCE REVIEW
During their meeting of May 24, 1994, members directed staff to review the concept of utilizing decimeters and the possibility of amending the current noise ordinance establishing a decibel level.
Chief Smith advised members that after review of several noise ordinances from other cities and towns, it was found that Rehoboth Beach was the only agency that utilizes a meter to register noise levels; however, Chief Doyle of the Rehoboth Beach Police Department indicated that the meter is seldom used due to its ineffectiveness in most situations. Chief Smith stated that the Newark Police Department has a meter; however, it is not utilized due to the training requirements and enforcement difficulties. The necessary equipment would cost approximately $1,326, with an annual recertification cost of $150. He also stated that the costs for a one day training session were estimated at $1,000, which would be a continuing task for the police officers. Staff recommended no change to the current noise ordinance. Chief Smith assured members that the police department would continue to place emphasis on the enforcement of the noise ordinance.
Mrs. Malone suggested that the number of tickets that have been issued for noise violations be included in the Police Department's monthly reports.
Noting that business owners are concerned with knowing the level of noise permitted, Mr. Hare felt that the City should establish a certain noise level that must be maintained. He also felt that this would assist the police officers in determining if the noise ordinance has been violated since what one individual may feel is disturbing may not be to another individual. Concurring with Mrs. Malone's suggestion, Mr. Hare requested that staff also indicate those tickets that were issued for residential noise violations and those issued for business noise violations.
Chief Smith explained that the problem with enforcing the current noise ordinance would not be solved by establishing a maximum noise level or the use of a decimeter. He advised members that unless a police officer witnesses the violation or a citizen files a complaint, the police department cannot make an arrest. Chief Smith explained that this situation would not be solved by utilizing a decimeter. He also felt that enforcement could become more difficult, that the costs to implement such an ordinance appear excessive, and its reliability is speculative since there would be the possibility of false readings due to other noise in the area.
In response to Mr. Lambert, Chief Smith stated that if the police department has continually received complaints of noise in a certain area, they will periodically patrol the area in an attempt to witness the offense so that an arrest can be made.
Mrs. Malone moved to recommend no change to the current noise ordinance at this time and that the Police Department begin including the number of tickets issued for residential noise violations and business noise violations in their monthly reports. The motion was seconded by Mr. Coleman and unanimously carried.
UTILITY COMMITTEE
The Utility Committee met with Chairman Lambert presiding. Members present were Councilmen Hare, Councilman Tudor and Mr. Carey.
REQUEST TO WAIVE SIDEWALK REQUIREMENT - MAPLE DALE MINOR SUBDIVISION
During their meeting of June 14, 1994, members considered a request from Maple Dale Country Club for waiver of the requirement for sidewalks for the proposed development of five (5) single family lots located on the northwesterly corner of Kenton and Maple Dale Roads. After discussing the matter at length, Mr. O'Connor suggested that the matter be referred to staff for further review and recommendation. Mr. Leary requested that staff obtain correspondence from the gas and telephone companies indicating their concurrence with the installation of sidewalks over their utilities.
Mr. O'Connor advised members that the gas and electric companies are very concerned with their utilities being located under a concrete sidewalk. He also stated that red maple trees are located along Maple Dale Road and that placing sidewalks near these trees could create future maintenance problems.
Mr. DePrima stated the Planning Commission reaffirmed their position requiring the installation of sidewalks on Maple Dale Road and granting a waiver on Dover-Kenton Road.
Mr. O'Connor stated that if the City granted a waiver at this time, the developer would not have the responsibility of installing sidewalks. He explained that the City would own and have the right to utilize the right-of-way for pedestrians as well as the motoring public. However, he assured members that Council could require the installation of sidewalks in the future.
Mr. Carey felt that the sidewalk should not be required in this particular area at this time unless sidewalks are going to be required for the entire area.
Concurring, Mr. Hare suggested that if the City decides to require the installation of sidewalks in the Fox Hall and Retreat area in the future, this area could be included.
Mr. Hare moved to recommend approval of the request from Maple Dale Country Club for waiver of the requirement for sidewalks for the proposed Maple Dale Minor Subdivision located on the northwesterly corner of Kenton and Maple Dale Roads. The motion was seconded by Mr. Carey and unanimously carried.
ANNEXATION/REZONING REQUEST - EAST SIDE OF MCKEE ROAD
A request for annexation was received from Elizabeth Campbell and Francis R. Raughley for their property located on the northeast side of the intersection of College Road and McKee Road.
Mr. DePrima explained that the site was selected by the Capital School District for a new elementary school. The Comprehensive Plan, as recently amended by the 1991 Corridor Study, recommends manufacturing and industrial uses. Also, the 1986 Comprehensive Plan designated lands immediately across from McKee Road for a potential school site. To the north and northeast are agricultural lands and woodlands zoned R-S in the County. To the east is the College Business Park zoned M (Manufacturing), IPM (Industrial Park Manufacturing) and CPO (Commercial/Professional Offices) consisting of office and warehouse buildings. To the south and across College Road is the Westminster Village Retirement Community zoned I/O (Institutional/Office) and RG-5 (General Residence-Mid Rise Apartment).
The Planning Commission recommended approval of the request for annexation with a zoning designation of I/O. The proposed zoning I/O (Institutional/Office) permits business, professional, governmental offices, public and institutional uses, and restaurants.
Mr. Hare moved to recommend approval of the request for annexation/rezoning of the property located on the northeast side of the intersection of College and McKee Roads. The motion was seconded by Mr. Carey and carried unanimously. (It is noted that an annexation referendum has been set for August 11, 1994 and that a zoning public hearing has been set for August 22, 1994.
FUEL FUND RESERVE ACCOUNT
During their meeting of July 25, 1994, Mr. Weyandt suggested that members consider increasing the Fuel Fund Reserve Account from maintaining a $1M balance to a $2M balance.
Mr. Lambert stated that the current minimum reserve was established approximately two years ago to be set at $1M. He stated that the concept of maintaining a $1M balance is to compensate for the fluctuating price of fuel, alleviating the need to constantly change electric rates.
Mr. Hare moved to recommend that the City continue maintaining $1M in the Fuel Fund Reserve Account and that review of the fuel adjustment be performed on a monthly basis should the reserve account go below $3M. The motion was seconded by Mr. Tudor and unanimously carried.
Mr. Hare moved for adjournment, seconded by Mr. Christiansen and unanimously carried.
Meeting adjourned at 8:30 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
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