COUNCIL COMMITTEES
The Council Committees Meeting was held on February 9, 1993, at 7:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Daisey, Mr. Leary, Mr. Salters, Mr. Hare, Mr. Lambert, Mr. Tudor and Mayor Knopf. Mr. Levitt arrived at 8:00 p.m. and Mr. Pitts was absent.
AGENDA ADDITIONS/DELETIONS
Mr. Leary requested the addition of item #7, DECCASA Grant Funds, to the Legislative and Finance Committee agenda.
Mr. Leary moved to accept the agenda as amended, seconded by Mr. Salters and unanimously carried.
SAFETY ADVISORY COMMITTEE
The Safety Advisory Committee met with Chairman Hare presiding. Members present were Councilmen Lambert and Leary.
REPORT OF DECIBEL LEVEL - KENTON ROAD FIRE SIREN (MR. LANAGAN)
During their meeting of November 10, 1992, members considered a letter from Mr. Lanagan, 174 Hampton Drive, relaying concern of the Kenton Road Fire Siren. Staff was directed to take the necessary steps to measure the decibel level of the fire siren to ensure that the sounds do not exceed safety standards.
Mrs. Brenda Bradley, City Health Inspector, contacted Lt. Stephen E. Novak, Deputy Chief of Bioenvironmental Engineering at the Dover Air Force Base. On January 13, 1993, a sound level meter noise survey was performed to determine if noise produced by the fire siren posed a noise hazard to surrounding residents. Members were provided with the results of the survey, which indicated that residents in the area of the fire siren are not being significantly exposed to hazardous noise. Mr. DePrima advised members that the Dover Air Force Base performed this work as a voluntary community service.
Members requested that staff relay their appreciation to the Dover Air Force Base for their assistance in this matter.
On behalf of the Robbins Hose Company, Council President Christiansen extended an invitation to those interested in visiting the fire station to help familiarize themselves with the company.
Mr. Leary moved to recommend acceptance of the sound level meter noise survey as submitted, that Mr. Lanagan be provided a copy of the information, and that a letter of appreciation be sent to the Dover Air Force Base. The motion was seconded by Mr. Lambert and unanimously carried.
COST FOR LIGHTING AT DOVER HIGH SCHOOL CROSSWALK IN WOODCREST (MR. CAMPANICKI)
During their meeting of January 26, 1993, members considered a letter from Mr. Campanicki of 859 Wilson Drive in Woodcrest, suggesting that the City install lighting along the crosswalk in Woodcrest. A rape recently occurred in the area and Mr. Campanicki felt that proper lighting would make the area safer. The committee directed staff to investigate the costs of trimming the shrubbery along the crosswalk and the installation of lights in the middle of each crosswalk.
Mr. Worley advised members that City crews have already began to move or trim shrubs and trees to eliminate the isolated nature of the crosswalk. In reviewing the need for security lights in the area, the Electric Department has recommended that four security lights be installed at a cost of approximately $600. Mr. Worley stated that there would be a monthly cost of $11 for maintenance. Staff recommended authorization to proceed with trimming the trees and shrubs and the installation of four security lights along the crosswalk in Woodcrest.
Mr. Leary moved to recommend approval of staff's recommendation, seconded by Mr. Lambert.
Responding to Mr. Salters, Mr. Worley stated that the City will absorb all costs of this project. It was Mayor Knopf's feeling that the property owners should be responsible for trimming the shrubbery along the crosswalk. Mr. Worley explained that the crosswalk is a City-maintained right-of-way.
On a call for the question by Mr. Lambert, the motion to recommend that the staff be authorized to trim the shrubs and trees and install four security lights along the crosswalk in Woodcrest was unanimously carried.
Meeting Adjourned at 7:16 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Daisey presiding. Members present were Councilman Lambert and Mr. Carey. Councilman Pitts was absent.
REQUEST TO ABANDON ALLEY WEST OF BRADFORD STREET - ROBBINS HOSE COMPANY
The Robbins Hose Company submitted a request for abandonment of a 50 foot portion of an alley that runs parallel to Governors Avenue and Bradford Street and is adjacent to the west side of the fire station parking lot. The request would enable the Robbins Hose Company to erect a fence along their property and across the alley to discourage trespassing and protect vehicles in the parking lot.
Mr. DePrima advised members that the 50 foot portion of the alley is not utilized for garbage disposal and is rarely used by the public. If the request is approved, the eastern portion would be abandoned to Mr. E. Vernon Ingram. Mr. Ingram submitted a letter supporting the abandonment. It was noted that the City would maintain a utility easement for existing water lines located in the alley. The Planning Commission recommended approval of the alley abandonment.
Mr. Lambert moved to recommend that a public hearing be held to consider abandonment of a 50 foot portion of an alley that runs parallel to Governors Avenue and Bradford Street and is adjacent to the fire station parking lot (Resolution - Attachment #1). The motion was seconded by Mr. Carey and unanimously carried.
WESTVIEW TERRACE DRAINAGE OUTFALL DITCH
During the past several years, residents along the Westview Terrace ditch have experienced minor flooding during periods of heavy rains. The majority of this problem is the result of siltation and vegetation overgrowth. Kent Conservation District has prepared a proposal to correct this problem, at a cost not to exceed $6,500. All affected property owners have been contacted and support the project.
Mr. Worley noted that each year, the Public Works budget includes $12,000 for minor ditch projects. Although funding is not available this budget year, staff recommended that this project be considered during the 1993-94 budget year.
Mr. Lambert moved to recommend approval of staff's recommendation, seconded by Mr. Carey and unanimously carried.
WOODBROOK POND SIDEWALK INSTALLATION
In the summer of 1991, Kent Conservation District completed the rehabilitation of the Woodbrook Pond area. Since then, the Grounds Division has provided several tree plantings along the perimeter of the pond. There is a 200+ foot section along this area on Westview Terrace which currently has no sidewalk. Installation of sidewalk on this property is scheduled for the 1994-95 sidewalk program.
Due to the increased use of this park area, staff recommended that a sidewalk be installed along Westview Terrace this year. Mr. Worley stated that the sidewalk could easily be installed by City crews this summer during annual period of normal concrete work, at an estimated cost of $500 to $1,000.
Mr. Lambert moved to recommend approval of staff's recommendation, seconded by Mr. Carey and unanimously carried.
Mr. Lambert moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 7:30 P.M.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Councilman Salters presiding in the absence of Chairman Levitt (arrived at 8:00 p.m.). Members present were Councilman Leary and Mr. Hindman. Council President Christiansen and Councilman Lambert were deputized to serve as members.
REQUEST TO WAIVE CONSTRUCTION FEES - DOVER AREA HABITAT FOR HUMANITY
Mr. Jack C. Fisher, Dover Area Habitat for Humanity, submitted a request to waive construction fees for two homes on Kirkwood Street. Habitat for Humanity constructs homes for low-income families. The organization's labor is donated free by volunteers. The materials and supplies are acquired through a loan which is then paid off by the low-income family that occupies the house.
Habitat for Humanity has acquired three lots located on South Kirkwood Street and has proposed to construct two homes. The only fees involved would be construction permits, at an estimated cost of $200 to $250. Mr. Worley advised members that the City has been encouraging Habitat for Humanity to locate in this area as part of the City's Target Block Program. Since it is important not to set a precedent, rather that waiving construction fees, staff recommended that the City issue a grant to offset the construction fees. Mr. Worley explained that by taking this action, the policy would be adopted that any organization constructing low-income housing in an active designated target block area, would be eligible to a small grant at the City's discretion.
Council President Christiansen moved to recommend approval of a grant to Dover Area Habitat for Humanity to offset construction fees. The motion was seconded by Mr. Leary and unanimously carried.
DECCASA PROJECT GRANT FUND
For the past three years, the City of Dover has participated in a Substance Abuse Prevention Program, known as Delaware Community Clusters Against Substance Abuse (DECCASA). Reverend Cherry addressed members on behalf of the Dover Substance Abuse Prevention Advisory Board. She explained that the program's goal is to prevent the entrance of youth into the juvenile justice system, prevent illegal use of drugs by school age children, to reduce the number of unnecessary family disruptions, and reduce the number of school drop-outs. Over three hundred boys and girls have participated in the services provided by this program during the past three years. Reverend Cherry stated that the program has received positive feedback from the community, schools and parents. She advised members that the Office of Substance Abuse Prevention has been funding this program and that this is the final year funds will be received from the agency. Therefore, it is necessary to obtain funding from another source.
Staff recommended authorization to submit an application to the General Assembly for future funding, in the amount of $115,000, to cover the costs for the program.
Council President Christiansen moved to recommend approval of staff's recommendation, seconded by Mr. Lambert and unanimously carried.
FY93-94 CDBG/EMERGENCY SHELTER GRANT PROGRAM
Since 1981, the City of Dover has focused its Community Development efforts on the revitalization of existing sub-standard housing. More than 145 units have received rehabilitation assistance to concur with the local housing code. Community Development Block Grant (CDBG) funds have also assisted in the removal of vacant, dilapidated dwellings that once plagued various areas of the City causing slum and blight conditions. The improvements made through the CDBG Program have allowed many Dover residents to experience decent, safe and sanitary living conditions when they otherwise may not have been able to do so.
As authorized by Council, staff held an administrative public hearing on January 27, 1993, to provide any interested citizen the opportunity to offer their comments and concerns regarding the use of the FY93-94 CDBG funds and Emergency Shelter Grant Program (ESGP) funds. Members were provided with minutes of the public hearing. Mrs. Audrey Daniels, Community Development Director, advised members that it is staff's intention to continue to concentrate utilizing CDBG funds within the already established target areas of Kirkwood, Queen, New, Washington and Cherry Streets, Capitol Green area, State College and Mitscher Roads. However, priority will be placed on properties located within the Target Block Program area.
Given the proven benefits of the CDBG and ESGP programs, staff recommended that a request for $348,696 in CDBG funds and $25,000 in ESGP funds be submitted to the State of Delaware, Division of Housing and Community Development.
Mr. Leary moved to recommend approval of staff's recommendation, seconded by Mr. Hindman and unanimously carried.
RECOMMENDATION FROM DDDC - SALE OF CITY OWNED PROPERTY
Mayor Knopf briefed members on a proposal of the Downtown Dover Development Corporation (DDDC) regarding the parking lot located between City Hall and the Dover Post Office. Representatives of the DDDC, Mr. Gary Patterson and Mr. Wayne Holden, presented the details of the proposal of Stoltz Bros. Ltd. to develop the lot with commercial and professional offices and parking facilities.
Members reviewed a letter of intent, written on behalf of the Stoltz Bros. Ltd., involving the sale of the City of Dover parking lot located on Loockerman Street, east of City Hall. The DDDC recommended that the committee approve the letter of intent, to be presented to Council during their Special Meeting on February 17, 1993 for official approval.
Responding to Mr. Tudor's concerns, Mr. Holden advised members that the parking lot currently provides 140 parking spaces and that the proposal would provide 500 parking spaces. Mr. Holden reiterated that the exact terms and details for the sale of this lot will be addressed when the option to purchase agreement is considered.
Mr. Leary moved to recommend acceptance of the letter of intent with Stoltz Bros. Ltd. for the sale of the City of Dover parking lot located on Loockerman Street, east of City Hall (Attachment #2). The motion was seconded by Mr. Lambert and unanimously carried.
Council President Christiansen announced that this matter will be presented to Council during their Special Meeting on February 17, 1993, for official action.
MID-YEAR BUDGET AMENDMENTS
Due to Council approved projects that were not budgeted, incorrectly appropriated money, and carry forward projects, staff submitted budget revisions that affect the 1992/93 budget.
Electric Revenue Fund
Mr. Lambert moved to recommend approval of the budget revisions for the Electric Revenue Fund as recommended by staff (Attachment #3). The motion was seconded by Mr. Leary and unanimously carried.
General, Water/Wastewater, and Inter-Governmental Service Funds
Mr. Leary moved to recommend approval of the budget revisions for the General, Water/Wastewater, and Inter-Governmental Service Funds as recommended by staff (Attachment #4). The motion was seconded by Mr. Lambert and unanimously carried.
Responding to Council President Christiansen, a consensus of Council was given authorizing the Finance Director, Mr. Mike Karia, to immediately proceed with the budget revisions.
SPECIAL ASSESSMENT LIENS - PROCEDURES
In reviewing the City's ordinance relating to special assessments, Deputy City Solicitor Pepper suggested that future ordinances be revised to include the following:
1)Provide for the collection of attorneys' fees in the event that the City must pursue litigation.
2)Direct City staff to utilize the Notice of Lien procedure contained in Chapter 29 of Title 25 State Statute for those persons who do not pay the assessment immediately. Cost of filing a lien is estimated at $15 to $20, which would be added to the lien cost if a deferred method of payment is utilized. The filing of the Notice of Lien gives the City a lien against any property owner which is located in Kent County.
3)Shorten the payment period to six (6) years. A Notice of Lien is effective for three (3) years and can be renewed one time. The City can maintain its priority for only six (6) years.
Staff recommended that the revisions suggested by Deputy City Solicitor Pepper be integrated into future ordinances for special assessments. Referring to the six year payment period, staff felt that this may not provide property owners adequate time to satisfy lien obligations and suggested that the City pursue a change in State legislation that would provide a ten year payment period for City liens. Until such legislation is enacted; however, staff recommended that the payment period for all liens of the City not exceed six (6) years.
Mr. Leary moved to recommend approval of staff's recommendation, seconded by Mr. Lambert and unanimously carried.
ZONING TEXT AMENDMENTS - ARTICLE 3, SECTION 15.15(G) - SERVICE COMMERCIAL ZONE
In accordance with Article 3, Section 15.15(g) of the Zoning Ordinance, the distance between service stations and public assembly buildings must be at least 200 feet between each of the lots or premises measured between the nearest points of either premises. Taking into consideration the modern gas station operations and the safeguards that are now required for fuel dispensers, staff felt that the current requirements may be excessive. It was noted that the National Fire Protection Association Standards recommend that pumps installed above grade, outside of buildings, shall be located not less than 10 feet from adjoining property lines.
The Planning Commission recommended an amendment to Article 3, Section 15.15(g) of the Zoning Code that would require fuel dispensers to be located 100 feet from public assembly buildings. Mr. DePrima advised members that it was suggested that the amendment also include day care centers and senior citizen homes.
Mr. Hindman relayed concern with the proposed amendment, feeling that it is necessary to consider the effects of the amendment beyond safety issues. He reminded members that service stations also provide services that create excessive noise.
Mr. Leary moved to recommend approval of the proposed amendment to Article 3, Section 15.15(g) of the Zoning Code (Attachment #5), as recommended by the Planning Commission and that a public hearing be set for March 22, 1993. The motion was seconded by Mr. Lambert and carried with Mr. Hindman voting no.
Mr. Lambert moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 9:00 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
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