REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 23, 1993 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Hutchison, Mr. Salters and Mr. Hare.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Fire Chief Baker, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Pastor Doreina Miles, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Lambert requested the addition of item #8A to discuss "DelDOT Funding Priorities". Mr. Pitts requested the deletion of item #8 "St. Jones Greenway Design".
Mr. Hare moved for approval of the agenda as amended, seconded by Mr. Hutchison and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 26, 1993
The Minutes of the Regular Council Meeting of July 26, 1993 were unanimously approved by motion of Mr. Hare, seconded by Mr. Salters and bore the written approval of Mayor Knopf.
PROCLAMATION - WALK FOR RECOVERY
The City Clerk read into the record the following Proclamation:
WHEREAS, substance abuse is a major public health problem that is both preventable and treatable; and
WHEREAS, Aids, birth defects, highway fatalities, domestic violence, child abuse, violent crimes and the cost of prosecution, incarceration, health care, and loss of work productivity could be reduced through education and various treatment programs; and
WHEREAS, funds for treatment services continue to be inadequate to serve the many people who need and request help despite the overwhelming scientific evidence and the irrefutable collective experience that treatment works and is cost-effective; and
WHEREAS, the Addictions Coalition of Delaware, Inc., will be coordinating the Fifth Annual "Treatment Works" Month in September 1993, helping to increase awareness of the belief that treatment really does work.
NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim September 18, 1993, as:
"WALK FOR RECOVERY"
in the City of Dover, and urge citizens to recognize the importance treatment can have on society and to support the efforts of the Addictions Coalition of Delaware, Inc.
Mr. Jim Hurd, Director of Addictions Coalition of Delaware, thanked Mayor Knopf and members of Council for the Proclamation and past support. He urged the community to participate in the Walk for Recovery.
RESOLUTION - RONALD D. LAMB RETIREMENT
By motion of Mr. Hare, seconded by Mr. Lambert, Council unanimously adopted the following Resolution:
WHEREAS, Ronald D. Lamb began his employment with the City of Dover on December 12, 1973 as an Auxiliary Operator Helper in the Electric Department; and
WHEREAS, Mr. Lamb continued to climb the career ladder within the Electric Department, becoming a Turbine and Auxiliary Operator in 1974, Control Room Operator Assistant in 1975, Control Room Operator I in 1980 and Control Room Operator II in 1981, to his final position of Relief Operator in 1991; and
WHEREAS, after 20 years of dedicated employment with the City of Dover Electric Department, Mr. Lamb has chosen to retire.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover wish Ronald D. Lamb a happy and healthy retirement and extend their sincere appreciation for the many years of dedicated service to the City of Dover and its citizens.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to make this Resolution a part of the permanent records of the City of Dover as a lasting symbol of appreciation for the service of Ronald D. Lamb.
ADOPTED: August 23, 1993
Since Mr. Lamb was unable to attend the Council Meeting, the Resolution, City Plaque and Dover Cup will be presented to him at a later date.
APPEAL HEARINGS - SIDEWALK ASSESSMENTS
The following sidewalk assessment appeals were received:
166 Orchard Avenue - Phyllis J. Hunt
Mrs. Phyllis J. Hunt appealed the sidewalk assessment at 166 Orchard Avenue for 50.32 square feet of 4" thick concrete at $3.50 per square foot and 65.8 square feet of 6" thick concrete at $3.75 per square foot, for a total of $422.87.
Council President Christiansen declared the public hearing open.
Mrs. Phyllis J. Hunt reiterated her appeal for the assessment for sidewalk repairs for her property located at 166 Orchard Avenue. Mrs. Hunt explained that she tried many times to discuss her concerns with City personnel prior to the sidewalk repairs. She was told that the responsible party was on vacation, but would contact her upon return. She was not contacted by the City employee until after the existing sidewalk had been torn out. Mrs. Hunt felt that the City was replacing two perfectly good blocks of sidewalk and was not replacing the block that needed replacement. She was unable to show this to the City personnel since the sidewalk was torn out before City personnel met with her. It was her opinion that the entire project was mishandled by the City and she objected to being billed for the work.
In light of the information offered by Mrs. Hunt, Mr. O'Connor requested that Council delay action on this matter to allow him an opportunity to review the circumstances for a report back to Council.
Council President Christiansen declared the hearing closed.
Mr. Hare moved that the City Manager be authorized to work out a solution that is agreeable with Mrs. Hunt on the sidewalk assessment and that if a solution is not agreed upon by both parties, Council will take the necessary action. The motion was seconded by Mr. Salters and unanimously carried.
605 S. State Street - Madeline E. Buchanan
An appeal was received from Madeline E. Buchanan for sidewalk repairs at 605 S. State Street. Ms. Buchanan was assessed for 158.4 square feet of 4" thick concrete at $3.50 per square foot and 64.5 square feet of 6" thick concrete at $3.75 per square foot, for a total of $796.27. Ms. Buchanan disputed the square footage used for computation of charges and the charges levied for damage done by City Electric Department and Public Works Department employees.
Investigation by City staff revealed that Ms. Buchanan is correct and her assessment has been revised in accordance with the correct square footage computation (143.03 square feet of 4" thick concrete and 40.40 square feet of 6" thick concrete). Also, the sidewalk which was damaged by City trucks was paid for by the City and was not assessed to the property owner.
A letter was received from the property owner withdrawing the appeal.
No action by Council was necessary.
917 S. Bradford Street - Roy Powell
An appeal was received from Roy Powell for sidewalk repairs at 917 S. Bradford Street. Mr. Powell was assessed for 132.31 square feet of 4" thick concrete at $3.50 and 30.0 square feet of 6" thick concrete at $3.75 per square foot, for a total of $575.58. Mr. Powell did not appeal the amount of the assessment, but objected to the construction of the new sidewalk which has caused ponding of water on the sidewalk.
Mr. O'Connor stated that City staff has worked with Mr. Powell and the drainage problem has been corrected. Mr. Powell has agreed to pay the assessment for the replacement of sidewalk.
No action by Council was necessary.
PUBLIC HEARING - VIOLATION OF DANGEROUS BUILDING ORDINANCE - 14 S. QUEEN STREET
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building ordinance at 14 S. Queen Street, owned by Charles E. Murphy, Sr. The Building Inspector, Mr. DePrima, showed slides depicting the structural deterioration throughout the building including rotted timbers, falling ceilings, broken windows and extensive deterioration. The rear of the structure has windows broken out and vagrants sleeping in and around the structure. It is the Building Inspector's opinion that the structure is a fire hazard. The estimated cost of demolition is $7,500.
Mr. DePrima pointed out that the lien search is incomplete at this time. The City Solicitor recommended that Council move forward with the public hearing and that the lien search could be completed at a later date.
Responding to Mr. Salters, Mr. DePrima stated that rehabilitation costs for the structure would exceed 50% of its value.
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the public hearing.
Council President Christiansen declared the hearing closed.
Mr. Hare moved that the building be declared in violation of the dangerous building ordinance and that the Building Inspector be authorized to move forward with the demolition process. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote.
PUBLIC HEARING - VIOLATION OF DANGEROUS BUILDING ORDINANCE - 856-858 FOREST STREET
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building ordinance at 856-858 Forest Street, owned by Kenneth W. Ward, Sr., John C. Ward, Reginald A. Ward and Donald W. Davis. The Building Inspector, Mr. DePrima, showed slides depicting the extensive deterioration to the rear of the structure and rotted timbers. The property is vacant and is a fire hazard. While the front portion of the structure could be rehabilitated, the rear is completely unfit for use or repair. The estimated cost of demolition is $7,500.
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the public hearing.
Council President Christiansen declared the hearing closed.
Mr. Hare moved that the building be declared in violation of the dangerous building ordinance and that the Building Inspector be authorized to move forward with the demolition process. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on August 10, 1993 with Chairman Salters presiding.
Increase in Fines - Noise Ordinance - Section 14-8(c)
Staff presented members with an amendment to Section 14-8(c) of the Dover Code that would increase the fines for violations of the noise ordinance. The increase in fines will make enforcement of the noise ordinance more meaningful and effective and the Chief of Police recommended approval of the ordinance amendment.
The committee recommended adoption of the proposed ordinance to amend Section 14-8(c) of the Dover Code. Mr. Salters explained that the amendment will increase the fine from $10 to $50.
Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Hare and unanimously carried. (The first reading of the ordinance will take place during the latter part of the meeting.)
Increase in Fines - Handicapped Parking - Section 13-6.1
The Police Department has been in the process of reviewing the existing fine schedule. Chief Smith advised members that in accordance with Section 13-6.1 of the Dover Code, there is a ten dollar ($10) fine for violation of the handicapped parking ordinance and that under Title 21 of the State of Delaware Code there is a $50 fine for violation of the handicapped parking ordinance. He suggested that the City's fine be increased to $50, feeling that it would deter violators and assist the handicapped citizens or visitors in relieving their parking problems or concerns.
The committee recommended adoption of the proposed ordinance to amend Section 13-6.1 of the Dover Code. (The first reading of the ordinance will take place during the latter part of the meeting.)
Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Hare and unanimously carried.
Review of Residential Parking Ordinance - Section 13-40
A resident of The Green has submitted a letter to the Police Department, complaining of certain buildings being issued multiple parking permits under the one-per-business rule. In reviewing this matter, Chief Smith advised members that there is one building that includes no less than seven (7) separate State of Delaware offices. In accordance with Section 13-40(4)(b) of the Dover Code, the Police Department issues a permit to each office as a separate business. Staff requested that the following issues be reviewed for a recommended change or clarification of the ordinance, as follows:
1) Does a State Office or other agency which is exempt from business license requirements qualify as a business under this ordinance?
2) Should there be a maximum number of business parking permits issued for any given address such as the three-per-residential address, and if so, how will it be determined who receives the limited permits?
3) Will a business occupying more than one building in a given permit area be eligible for multiple permits?
As recommended by Mr. Salters, Council President Christiansen formulated a sub-committee, consisting of the Police Chief, City Manager, Main Street Manager and City Planner DePrima (as representative of the Dover Parking Authority), to review this matter and formulate a recommendation for the committee's review.
The committee deferred any further action until receipt of a recommendation from the sub-committee.
No action was taken by Council.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on August 10, 1993 with Mr. Tudor presiding in the absence of Chairman Pitts.
Parkland Fund Donation - Lands of Pullella - Willis Road
In accordance with Article VI, Section F-2 of the Subdivision Regulations, members considered accepting a cash donation in the amount of $13,500 for property located on Willis Road, owned by Frank P. Pullella. The property consists of 1.37 acres and 18 townhouse lots are proposed. Staff from the Parks and Recreation Department has determined that there is insufficient land for the development of private or public parkland. The donation represents 10% of the value of the land area of the development as determined by the City Assessor. The Planning Commission recommended approval of the cash donation.
The committee recommended acceptance of the cash donation in the amount of $13,500 for property located on Willis Road, owned by Frank P. Pullella, as recommended by the Planning Commission.
Mr. Pitts moved for approval of the committee's recommendation, seconded by Mr. Lambert and carried by a unanimous roll call vote.
Mr. Pitts moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Leary and unanimously carried.
DELDOT FUNDING PRIORITIES
During the last meeting of the Metropolitan Planning Organization, three major projects were discussed. Mr. Lambert relayed that Secretary of Transportation Canby has requested that the City prioritize the three projects since it appears there will be insufficient funds to construct all projects at this time.
The City Manager, Mayor and Council President recommended the following:
1.SR 1 Construction South of DE Rt. 10 - (Completion of the SR 1 connection with US 113 in front of DAFB)
2.Scarborough Road Connector (Connecting McKee/Saulsbury Road with US Route 13 and SR 1)
3.Puncheon Run Connector - (Connecting US 13 south of Carroll's Corner with SR 1)
Since Council has gone on record as opposing the Puncheon Run Connector, Mr. Lambert moved that Council approve the three priorities, but that Council reaffirm its opposition to the Puncheon Run Connector and request that any funds left over from completion of priorities #1 and #2 be applied towards traffic control in West Dover, specifically towards a western by-pass which would eliminate the need for the Puncheon Run Connector. The motion was seconded by Mr. Hare.
Although he agreed with the concept of the motion, Mr. Salters voiced concern with the proposal for a western by-pass without further review by Council. Mr. Salters felt that completion of the Greater Dover Traffic Study is a very important matter that should be addressed by DelDOT. Mr. DePrima stated that the MPO is working with DelDOT on the Greater Dover Traffic Study and he will supply a status report in his monthly report.
Since there was concern with the Puncheon Run Connector, Mr. Lambert and Mr. Hare agreed to withdraw their motion and offer the following motion in its place:
Mr. Lambert moved that Council recommend completion of priorities #1 an #2 and that Council reaffirm its opposition to the proposed Puncheon Run Connector. The motion was seconded by Mr. Hare and was unanimously carried.
MONTHLY REPORTS - JULY
Mr. Salters moved for approval of the following reports for the month of July, seconded by Mr. Hare and unanimously carried:
City Assessor Report
City Alderman Report
J.P. Court #7 Report
City Manager 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
Responding to questions by Council President Christiansen, Chief Smith stated that the Police Department responded to a complaint at Williams Park in White Oak Farms. An unauthorized sports event was held at the park. There was an organized baseball game where the City's electricity was accessed illegally, resulting in damage to the electric box, and a disc jockey was playing music. Complaints were received from neighbors about the noise. Arrests will be made as soon as it is determined who accessed the electric and damaged the electric box.
Mr. Hare requested the status of the temporary employee utilized for enforcement of grass and weed violations. Mr. DePrima stated that the position is paying for itself in terms of revenue versus costs. Mr. Salters suggested that Mr. DePrima consider continued use of this inspector to continue enforcement of such matters as abandoned vehicles, yard debris, etc.
Mr. Hare moved for approval of the Chief of Police Report and the Building Inspector and Fire Marshal Reports. The motion was seconded by Mr. Salters and was unanimously carried.
APPOINTMENT - LIBRARY COMMISSION
Mayor Knopf requested confirmation of the appointment of Mrs. Gertrude W. Jackson to the Library Commission for a five year term, to expire on June 16, 1998. Mrs. Jackson will replace Ms. Carol Griffith who no longer wishes to serve.
Mr. Salters moved for approval of the appointment as recommended by Mayor Knopf, seconded by Mr. Hutchison and unanimously carried.
RESCHEDULING OF PUBLIC HEARING - REZONING - NORTHFIELD ASSOCIATES
Northfield Associates, L.P., requested that a public hearing for property located on Denneys Road be rescheduled. It was recommended that the rezoning request be referred to the Planning Commission for review during their September 20, 1993 meeting and that a public hearing be scheduled for October 12, 1993 at 7:30 p.m.
Mr. Hare moved for approval of the request, seconded by Mr. Lambert and unanimously carried.
ANNEXATION/REZONING REQUEST - 248 MIFFLIN ROAD - ZACHERY & JANET CARTER
A request was received for annexation and rezoning of property located at 248 Mifflin Road, owned by Zachery and Janet Carter. Staff recommended that the request be referred to the Utility Committee, that an annexation referendum be set for September 30, 1993 and that a public hearing be set for October 12, 1993.
Mr. Lambert moved for approval of staff's recommendation. The motion was seconded by Mr. Hare 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 AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
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 contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, 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 the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein:
All that certain lot, piece and parcel of land situated in East Dover Hundred, Kent County, Delaware and being designated as lot 16 of lots of Atlantic Land Co., Inc. a plat of which is on record in the office of the Recorder of Deeds in play book 3, page 157, and being more particularly described from a survey on the ground on June 9, 1993 by AKS Associates, Inc., as follows:
Beginning at an iron pipe found on the westerly right-of-way of Mifflin Road (County Road 196) at a corner for this land and lot 17, thence with lot 17 South 65 degrees 35 minutes 00 seconds West 308.8 feet to an iron pipe found on line of lands now or formerly Gagen, thence with same North 24 degrees 20 minutes 17 seconds West 99.9 feet to an iron pipe found at a corner for lot 18, thence with same North 65 degrees 33 minutes 58 seconds East 308.2 feet to an iron pipe found on the right-of-way of Mifflin Road thence with same along the arc of a curve deflecting to the right an arc distance of 100.05 feet (delta = 05 degrees 08 minutes 07 seconds, radius = 1116.3 feet) home to the place of beginning containing 30,917 square feet of land more or less.
2. That the election be held on the 30th day of September, 1993 commencing at the hours of 11:00 a.m. in the City Hall Annex, The Plaza, 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 at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED: August 23, 1993
REZONING REQUEST - 309 S. GOVERNORS AVENUE - 116-118 & 120-122 NORTH STREET - GEORGE R. ELLIS AND ANNE ELLIS CARR
A request was received to rezone property located at 116-118 & 120-122 North Street, owned by George R. Ellis and Anne Ellis Carr. The property is currently zoned C-3 (Service Commercial) and RG-1 (General Residence) and the requested zoning is C-1A (Limited 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. Hare, seconded by Mr. Leary, Council unanimously referred the request to the Planning Commission and set a public hearing for October 12, 1993 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 116-118 & 120-122 NORTH STREET.
FIRST READING - PROPOSED ORDINANCES
Mr. Leary moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Hare and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of September 13, 1993.
Mr. Leary moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Hare and unanimously carried:
A. SEC. 14-8 - EXCESSIVE NOISE PROHIBITED (FINES)
B. SEC. 13-6.1 - OBEDIENCE TO STATE LAW (FINES - HANDICAPPED PARKING)
Mr. Hutchison moved for adjournment into the Open Forum, seconded by Mr. Hare and unanimously carried.
Meeting Adjourned at 8:45 P.M.
OPEN FORUM
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.
Richard Ornauer - 17 Mifflin Road
Mr. Richard Ornauer of 17 Mifflin Road stated that City Council should be very proud of Mr. Tony DePrima, City Planner, for his participation with the Metropolitan Planning Organization. His leadership has made the technical staff a vibrant portion of the MPO and Mr. Ornauer expressed his appreciation for Mr. DePrima's hard work.
Rexene Ornauer - 17 Mifflin Road
Mrs. Rexene Ornauer of 17 Mifflin Road applauded Council for increasing fines for unauthorized use of handicapped parking spaces, but she informed Council that handicapped stickers are often used by persons other than the handicapped individual. She suggested that Council look into a way of enforcement of violations of unauthorized use of the handicapped tag.
Open Forum Adjourned at 8:50 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of August 23, 1993, are hereby approved.
AARON O. KNOPF
MAYOR
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