ANNUAL COUNCIL MEETING
The Annual Council Meeting was held on May 11, 1992 at 7:30 p.m. with Mayor Richter presiding. Members present were Councilmen Lambert, Daisey, Levitt, Pitts, Salters, Lynn, Weyandt, Christiansen and Hare.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. DePrima, Fire Chief Baker, Mrs. Boaman and Mr. Pepper.
The invocation was given by Reverend C.G. Harris, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
By motion of Mr. Lynn, seconded by Mr. Christiansen, the agenda was approved.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 27, 1992
The Minutes of the Regular Council Meeting of April 27, 1992 were unanimously approved by motion of Mr. Lambert, seconded by Mr. Lynn and bore the written approval of Mayor Richter.
ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF MAY 4, 1992
The Minutes of the Quarterly Open Town Meeting of May 4, 1992 were unanimously approved by motion of Mr. Lynn, seconded by Mr. Levitt and bore the written approval of Council President Christiansen.
RESOLUTION - MAYOR JOHN E. RICHTER
By motion of Mr. Mr. Weyandt, seconded by Mr. Lynn, Council unanimously adopted the following Resolution:
WHEREAS, John E. Richter served as Councilman of the First District in the City of Dover from June 1980 to May 1988; and
WHEREAS, John E. Richter was sworn into office as Mayor of the City of Dover on May 9, 1988 and served with distinction until May 11, 1992; and
WHEREAS, while serving as a member of Council, John E. Richter was a member of the Utility Committee, serving as Chairman from May 1982 until elected as Mayor in 1988; and
WHEREAS, Mayor Richter demonstrated his devotion to the City of Dover and its citizens in many ways, including initiation of the Parenting Center and St. Jones River Greenway, establishing the Kirkwood Street Improvement and Downtown Dover Programs, establishing the Dover Arts Council and supporting the Police Department in its pro-active force for community improvement and crime prevention; and
WHEREAS, Mayor Richter has devoted his time and attention to the important functions of the City of Dover which has contributed greatly to the betterment of the City and its residents.
NOW, THEREFORE, BE IT RESOLVED that Members of City Council recognize the hundreds of hours and personal sacrifices unselfishly given by John E. Richter and the important role he has played in resolving the problems of the City of Dover.
BE IT FURTHER RESOLVED that Members of City Council extend their best wishes to Mayor John E. Richter in his future endeavors and 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 long and dedicated service of John E. Richter.
ADOPTED: May 11, 1992
Council President Christiansen and members of Council presented Mayor Richter with the Resolution, a Dover Cup, City Plaque and a Key to the City. Mayor Richter expressed his appreciation for the time served as City Councilman and Mayor. He wished newly elected Mayor, Aaron Knopf, and newly elected Council Member, Tom Leary, the best of luck.
RESOLUTION - FRANCIS R. WEYANDT
By motion of Mr. Lambert, seconded by Mr. Lynn, Council unanimously adopted the following Resolution:
WHEREAS, Francis R. Weyandt served as Councilman from the Second District for the City of Dover from April 12, 1976 to June 8, 1981 and from April 25, 1983 to May 11, 1992; and
WHEREAS, Francis R. Weyandt, throughout his tenure, displayed a quality of leadership that fostered respect from his colleagues and contributed greatly to the sound financial position of the City; and
WHEREAS, during his term in office, Francis R. Weyandt served as Vice-Mayor from May 1987 to May 1990, served as a member and chairman of the Parks and Recreation Committee, member of the Safety Advisory Committee and Utility Committee, and member of the Legislative and Finance Committee, sitting as Chairman from May 1987 to May 1992; and
WHEREAS, Francis R. Weyandt served with a stubborn commitment and business approach to the numerous functions of City government which contributed greatly to the orderly growth of the City for the betterment of the community and welfare of its citizens; and
WHEREAS, after 14 years of service, Francis R. Weyandt has decided not to seek re-election to Council for which his term expires May 11, 1992.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council extend their extreme appreciation to Francis R. Weyandt and his family for the many dedicated years of service and personal time contributed to the City of Dover and that he will be sorely missed by his colleagues.
BE IT FURTHER RESOLVED that the Mayor and Council wish Councilman Weyandt and his family good health, happiness and a peaceful retirement. The City Clerk is directed to make this Resolution a part of the permanent records of the City of Dover as a lasting symbol of appreciation and gratitude to Francis R. Weyandt.
ADOPTED: May 11, 1992
Council President Christiansen and members of Council presented Councilman Weyandt with the Resolution, a Dover Cup, City Plaque and a Key to the City. Mr. Weyandt thanked his fellow members of Council and staff for the assistance given during his term on Council. He offered special thanks to his family for their support and the sacrifices they made so that he could serve the City of Dover.
RESOLUTION - PATRICK H. LYNN
By motion of Mr. Salters, seconded by Mr. Daisey, Council unanimously adopted the following Resolution:
WHEREAS, Patrick H. Lynn was sworn into office on May 12, 1986, and served as Councilman for the City of Dover until May 11, 1992; and
WHEREAS, during his tenure as Councilman, Patrick H. Lynn served on the Legislative and Finance Committee, Safety Advisory Committee, Parks and Recreation Committee, Downtown Dover Development Corporation, and the Civilian and Police Pension Committees; and
WHEREAS, Patrick H. Lynn consistently devoted his time to the affairs of all committees, providing input that was instrumental in resolving the many complex problems that are encountered in everyday functions of a progressive municipality; and
WHEREAS, Patrick H. Lynn has decided not to seek re-election to Council for which his term expires on May 11, 1992.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council express their gratitude to Patrick H. Lynn and his family for the many personal hours contributed to the City of Dover and the professional approach to his duties.
BE IT FURTHER RESOLVED that the Mayor and Council extend their best wishes to Patrick H. Lynn and hope that his accomplishments are continuously enhanced in his future endeavors. The Mayor and Council of the City of Dover direct the City Clerk to make this Resolution a part of the permanent records as an expression of their appreciation to Patrick H. Lynn.
ADOPTED: May 11, 1992
Council President Christiansen and members of Council presented Councilman Lynn with the Resolution, a Dover Cup, City Plaque and a Key to the City. Mr. Lynn expressed his appreciation to his family for tolerating his schedule while serving on Council and City staff for their assistance.
OATHS OF OFFICE - MAYOR AND COUNCIL ELECT
The Honorable William C. Wright, Justice of the Peace, administered the oath of office to the Mayor and Council elect, as follows:
Mayor - - Aaron O. Knopf
Councilman - First District - Robert W. Lambert
Councilman - Third District - Thomas J. Leary
Councilman - Fourth District - John W. Pitts
RECESS
Mayor Richter declared a recess for photographs of the newly sworn members of Council.
STATE OF THE CITY MESSAGE - MAYOR AARON O. KNOPF
Mayor Knopf offered the State of the City message, as follows:
"Mr. President, Members of Council, invited guests and citizens, I want to express my thanks to those 3,036 people who came out to vote, especially the 1,564 that voted for me. Hopefully the Council Chambers will be this full at most of the coming meetings. You know your presence assures us of your interest. This evening begins a two year challenge for us all. There are many issues to be considered and worked out, and with your support and cooperation we will master them all.
Initially we must turn our attention to the Police Department. Additional space is a must if we are to keep this facility safe for those officers and staff working there as well as those visiting. We are very fortunate to have an excellent police force. A new fire station on the west side of Dover is certainly needed, with the increased growth in that area. How do we accomplish these improvements without burdening the tax payers of Dover? First, we must look to assistance in the form of Federal and State grants. Just this past week Delaware's Senator Joe Biden came forward with a proposal to create a national growth and employment program, pumping billions into the cities and towns throughout the Country. Under the current economic conditions and the attitude of people all over the country towards incumbents, I believe this proposal will pass. Other means of income will come from increased law enforcement. We must get control of the speeders and the red light runners and boom box noise polluters. Our safety is at stake. Lets make our City the safest on the East Coast.
Planning and expansion will be critical areas which we must carefully monitor with an eye to 30 to 50 years into the future. This is imperative with the anticipated growth which will come at the completion of the bypass as well as other normal growth that takes place. In the insurance business we say, "The future belongs to those that prepare for it". Well ladies and gentlemen, Dover is going to grow, grow like never before and we better prepare for it or our future will be a mess. We must pay better attention to planning and zoning and how developments are designed and their density. We don't want anymore Loockerman Street problems, or White Oak Road or Route 13 problems. We have got to get tough, we must plan carefully. With growth comes the need for more and more service. This means we must be more efficient, therefore, it is imperative that we address our need to upgrade our computer systems in order to continue an efficient and smooth running city staff. We are fortunate in Dover to have well trained and dedicated men and women on our city staff. I want to thank them in advance for their support in the future.
In regard to services, one service that I feel is desperately needed is a substance treatment center. According to an annual report provided to me by Chief Hutchison, for 1991 there was a 14.6% increase in total drug arrests and an increase of 18.5% in violent crimes. Our children need help, prevention is only part of the solution. It is a lot cheaper to treat someone than it is to put a person in jail. It has been said, the best cure for drugs and crime is jobs. Well, hopefully the Swearingen Aircraft Company coming to Dover will help us see a decline in both.
During the campaign for Mayor there were a number of concerns that kept coming up. One, will you be a more visible Mayor? Two, since this is a strong-Council, weak-Mayor form of government, how will you get things done? To answer #1, is easy, the Mayor will be at Council Meetings and he will be at City Hall some part of every day and if needed can be in City Hall within 10 minutes, as my business is on South Governors Avenue. #2, is more difficult, this however is my plan. As ex-officio of all committees, I will have a right to input my thoughts and desires and do not forget, I represent all of the people of the City. My right of appointment will also be used carefully. You know Dover is not a little city anymore. Our budget is just under 70 million and we employ approximately 400 people. Maybe, just maybe, it is time to start considering splitting the power between Council and Mayor. It's just a thought.
In conclusion, there are a couple of areas that deserve comment. We thank Dover Air Force for being the great neighbor that they are. The jobs that you provide and the wonderful people you bring to Dover are truly appreciated. I personally have a warm spot in my heart for the base, as they gave me something in 1957 that I couldn't get anywhere else, a job.
A big thank you and job well done must go out to the Friends of Old Dover Committee for an outstanding 275 anniversary celebration. This had to be the very best Old Dover Days in the 35 years we have lived in this community. Mr. Cooper and his department absolutely outdid themselves. The flower and green areas were magnificent; the best ever.
We have so much to be thankful for here in Dover. A special word to the Dover Arts Council. I am very much in favor of the Arts in our Community. This is a very important part of our life here in Dover. You can count on my support in the future.
I have saved the best news for last. It appears that there will be no tax increase this year. Prior to continuing our regular meeting, I would like to welcome Mr. Leary to the Council and to wish the entire Council good health and a very productive year."
PUBLIC HEARING - REZONING - COURTNEY SQUARE ASSOCIATES
A public hearing was duly advertised for this time and place to consider rezoning of property located at 208 W. Water Street, owned by Courtney Square Associates.
Planner's Review
The City Planner explained that the applicant made the rezoning application at the request of the City of Dover Planning staff. Approval of the request would rezone the property from C-3 to C-1A (Limited Commercial) to bring the present use of the property, which has been in existence since 1970, into conformity with zoning provisions. The C-3 Zoning District does not permit retail trade such as convenience stores, grocery stores and eating establishments which occupy the site. The C-1A District would permit such uses and would bring the site into conformity in terms of uses permitted. Existing zoning and land uses in the area include to the north and adjoining the subject site, a parcel of land zoned C-3 which is the site of Beneficial National Bank. To the east are lands zoned C-3 which are occupied by a variety of service commercial uses. Across from the property to the south and west are lands zoned C-1A and C-3 which are occupied by various professional offices, service and service retail uses.
The Comprehensive Plan recommends that this area be utilized for Central Commercial purposes. The Comprehensive Plan's recommendation for Central Commercial uses in this vicinity supports the zoning change.
The Planning Commission recommended approval of the request.
Public Hearing
Mayor Knopf declared the hearing open.
There was no one present wishing to speak for or against the rezoning request.
Mayor Knopf declared the hearing closed.
Mr. Salters moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Christiansen and by a unanimous roll call vote, Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 208 WEST WATER STREET
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from C-3 to C-1A.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from C-3 to C-1A on that property located 208 West Water Street, owned by Courtney Square Associates.
ADOPTED: May 11, 1992
PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON NE CORNER OF ROUTE #8 AND INDEPENDENCE BLVD. - MILFORD LAND ASSOCIATES, INC.
A public hearing was duly advertised for this time and place to consider rezoning of property located on the northeast corner of Route #8 and Independence Boulevard, owned by Milford Land Associates, Inc.
Planner's Review
The property consists of 2.3 +/- acres of land that is currently zoned as C-P0 (Commercial/Professional Office). The requested zoning is C-1A (Limited Commercial) and the proposed use is retail commercial.
Existing zoning and land uses in the area include to the north lands zoned RG-2 (General Residence) which is the location of the President's Way Subdivision, a developing community of single-family and duplex dwellings. To the east are lands zoned RG-O (General Residence & Office) which is the location of Olde Oak Condominiums, a residential development consisting of multiplex buildings. Further east are lands zoned RG-3 (Group Housing) which comprise the Presidential Courts Townhouse development. South of the subject property, across and along Delaware Route 8, are lands both inside and outside of the City which are occupied by various office and service commercial uses and several existing single-family residential properties. West of the subject property, across Independence Boulevard, are lands zoned SC-2 (Community Shopping Center) which is the location of Greentree Village Shopping Center.
The Comprehensive Plan, as recently amended by the Delaware Route 8 - McKee/Saulsbury Road Corridor Study, recommends that this area be utilized for commercial purposes.
The development of the site would fall under the regulations of the recently adopted Corridor Overlay Zone, which contains strict requirements for landscaping, buffering, and building layout.
The Planning Commission recommended approval of the rezoning request.
Correspondence
The City Clerk reported that a letter was received from Olde Oak Condominiums, as follows:
"Dear City of Dover Council Members:
The Olde Oak Condominium Association of Owners, Inc. would appreciate this letter being entered into the record regarding the rezoning to C-1A, Limited Commercial, lands located at the northeast corner of Rte 8 and Independence Blvd owned by Milford Land Associates, Inc.
The Olde Oak Condominium west property line is directly adjacent to this property and we feel all the procedures and conditions must be enforced and complied with as set forth in the City of Dover Limited Commercial zoning code. Our property is residential and the majority of residents are elderly, widows, or handicapped and we certainly do not desire an all night noisy establishment, fast food or service station as our neighbors.
We met with Mr. Mark Schaeffer on March 31 and he assured us none of the above would be permitted and it was not the owners intent to develop for these commercial uses. We did request that a grass covered bern with white pine trees be established along our west property line that joins the property. We stated the bern should be as high and blend in with the bern which presently exist on our property. Mr. Schaeffer assured us the owner would comply with our request.
As owners at Olde Oak, we take pride in our complex and certainly maintain our common areas to the highest possible degree and expect the same of our neighbors. At this time, the Olde Oak residents approve of the rezoning if our requested bern and all sections of the C-1A zoning code are complied with and enforced. Thank you very much."
Mr. DePrima assured members of Council that although the Code does not require notice to adjacent residents for Site Plan Review, the Planning Commission is providing public notice and an opportunity for public input. Any concerns of Olde Oak relative to the Site Plan will be addressed by the Planning Commission at the time of Site Plan Review.
There was considerable discussion on the allowable uses in the C-1A zoning category.
Public Hearing
Mayor Knopf declared the hearing open.
Mrs. Rexene Ornauer of 17 Mifflin Road stated that the Agenda incorrectly states the requested zoning classification of C-2A. Mr. DePrima stated that the original request was for C-2A but was changed prior to Council submission. This was a typographical error on the Agenda.
Mr. Mark Schaeffer of 630 W. Division Street, co-owner of the property and Real Estate Broker, spoke in behalf of the rezoning request. He met with Olde Oak Condominium residents relative to their concerns. For the record, he stated that they have every intention of abiding by the wishes, within reason, of the residents. Questioned by Mr. Salters, Mr. Schaeffer stated that he is not at liberty at this time to divulge their intentions for the property.
Mayor Knopf declared the hearing closed.
Mr. Weyandt moved that the Council Agenda of May 11, 1992, item #7, be amended to show the requested zoning classification of C-1A for lands owned by Milford Land Associates, Inc. The motion was seconded by Mr. Pitts and unanimously carried.
Mr. Weyandt moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Leary and by a roll call vote of eight (8) yes, one (1) no (Mr. Lambert), Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE NORTHEAST CORNER OF ROUTE 8 AND INDEPENDENCE BOULEVARD
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from C-PO to C-1A.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from C-PO to C-1A on that property located on the northeast corner of Route 8 and Independence Boulevard, owned by Milford Land Associates.
ADOPTED: May 11, 1992
PUBLIC HEARING - REZONING OF PROPERTY LOCATED AT 680 FOREST STREET - BAY DEVELOPERS, INC.
A public hearing was duly advertised for this time and place to consider rezoning of property located at 680 Forest Street, owned by Bay Developers, Inc.
Planner's Review
The City Planner stated that the rezoning request is for .64 acres of a .99 acre parcel of land located on the southerly corner of the intersection of Forest Street and Lincoln Street. The present zone is M (Manufacturing) and the proposed zone is C-3 (Service Commercial). The Planning Commission recommended approval of the request.
Several uses occupy this property including, to the rear of the site, a contractor's storage and maintenance yard, an office building to the front of the site on Forest Street, and a former automotive shop building (Building C), on the westerly side of the property that has recently been renovated into office space. Several non-manufacturing uses have already been established in Building C which include a pet grooming business, a travel agent and a business forms store. Building B is currently occupied by a business machine dealer and service center.
Existing land uses in the area include to the north, lands zoned C-4 (Highway Commercial) occupied by The Salvation Army Building and lands used for the adjacent lumber yard which is zoned C-3 (Service Commercial). To the east are lands zoned M (Manufacturing) which most recently were used as a contractor's storage yard and office building. South and west of the subject site are lands zoned M which are occupied by various manufacturing and industrial uses.
The Comprehensive Plan, as recently amended by the Route 8 - McKee/Saulsbury Road Corridor Study, recommends that this area be utilized for Medium Density Residential purposes. The Comprehensive Update of 1986 recommended that this area be utilized for Manufacturing and Industrial purposes. Mr. DePrima stated that although the Comprehensive Plan, as amended by the Route #8 Corridor Study, calls for residential use of the property, it is felt that this property would never be converted to residential. Therefore, a Service Commercial zoning would be more in order than its current Manufacturing zone.
The applicant has requested rezoning of the property from M to C-3 (Service Commercial) in order that several non-manufacturing service commercial uses may be established on the premises. The applicant wishes to continue these uses on the property and also has plans to permanently establish a physicians office in Building C.
Members of Council questioned the need for a review and update of the Comprehensive Plan since it appears there are many discrepancies. Since the City has experienced phenomenal growth, there are many areas that may need to be updated on the Comprehensive Plan.
Mr. Salters and Mr. Hare expressed their feeling that the C-3 zone is too broad for this location and suggested a more restrictive classification. Mr. Daisey reminded Council that the requested C-3 classification is more restrictive than the current Manufacturing classification.
Public Hearing
Mayor Knopf declared the hearing open.
There was no one present wishing to speak for or against the requested rezoning.
Mayor Knopf declared the hearing closed.
Mr. Pitts moved to approve the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Leary and by a roll call vote of seven (7) yes, two (2) no (Mr. Salters and Mr. Hare), Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 680 FOREST STREET
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from M to C-3.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from M to C-3 on that property located 680 Forest Street, owned by Bay Developers, Inc.
ADOPTED: May 11, 1992
COUNCIL APPOINTMENTS - 1992/93
Council President/Vice-Mayor
After assurances from Mr. Christiansen that he will have the necessary time to devote to the position, Mr. Hare moved for the appointment of Robin R. Christiansen as Council President/Vice-Mayor for 1992/93. The motion was seconded by Mr. Salters and unanimously carried.
City Solicitor
Mr. Weyandt moved for the appointment of Nicholas H. Rodriguez as City Solicitor for 1992/93. The motion was seconded by Mr. Leary and unanimously carried.
Deputy City Solicitor
Mr. Weyandt moved for the appointment of William Pepper as Deputy City Solicitor for 1992/93. The motion was seconded by Mr. Hare and unanimously carried.
Fire Marshal
Mr. Christiansen moved for the appointment of James L. Melvin, Jr. as Fire Marshal for 1992/93. The motion was seconded by Mr. Weyandt and unanimously carried.
City Clerk/Alderman
Mr. Salters moved for the appointment of Debrah J. Boaman as City Clerk for 1992/93. The motion was seconded by Mr. Lambert and unanimously carried.
Treasurer/Finance Director
Mr. Daisey moved for the appointment of Mike C. Karia as Treasurer/Finance Director for 1992/93. The motion was seconded by Mr. Weyandt and unanimously carried.
Assistant City Clerk/Deputy Alderman
Mr. Lambert moved for the appointment of Janice C. Green as Assistant City Clerk/Deputy Alderman for 1992/93. The motion was seconded by Mr. Weyandt and unanimously carried.
Assistant Treasurers
Mr. Lambert moved for the appointment of Debrah J. Boaman and Janice C. Green as Assistant Treasurers for 1992/93. The motion was seconded by Mr. Weyandt and unanimously carried.
COMMITTEE APPOINTMENTS - COUNCIL
Council President Christiansen requested that Council Appointments be deferred until the Council Meeting of May 26, 1992. In the interim, he requested that all Council members function as a Committee of the Whole for upcoming meetings.
APPOINTMENT OF CHIEF OF POLICE - 1992/93
Mayor Aaron Knopf appointed James L. Hutchison to serve as the City of Dover Police Chief for the year 1992/93.
COMMITTEE APPOINTMENTS - MAYOR
Mayor Knopf requested that Committee Appointments by the Mayor be deferred until the Council Meeting of May 26, 1992. He requested that all terms of office for Committees appointed by the Mayor be extended until the May 26th Council Meeting.
SAFETY ADVISORY COMMITTEE MEETING REPORT
The Safety Advisory Committee met on April 28, 1992 with Chairman Salters presiding.
Closing of E. Loockerman Street
During the Safety Advisory Committee meeting of March 24, 1992, Council informally directed staff to temporarily close off E. Loockerman Street in the interest of public safety. In the interim staff was to investigate possible solutions to traffic and safety issues brought before the committee by residents of E. Loockerman Street.
Staff recommended that the road remain temporarily closed until statistical information, based on the last few years, can be reviewed by DelDOT. The Dover Police Department has conducted two days of traffic surveys in the area of E. Loockerman Street, the results of which will be furnished to DelDOT for review. Also furnished to DelDOT is the statistical information of U.S. Route #13 and Loockerman Street, along with the access road, which will have an impact on the overall action. City and DelDOT staff will review this matter as quickly as possible.
The committee heard remarks from several citizens in favor of and opposed to the closing of E. Loockerman Street. Committee members acknowledged that this is a very important issue for all concerned and felt that additional information was necessary before making a final decision.
The committee recommended that Council keep this matter on the table until the necessary information is available for evaluation by the committee; stipulating that the police department increase enforcement and that staff request weekly updates on the status of DelDOT's review.
Mr. Salters assured Council and citizens that the committee would act on this matter as soon as information from DelDOT is received.
Mr. Salters moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Lambert and unanimously carried. Mr. Levitt requested that the Safety Advisory Committee agenda contain this item until it is completed, even if there is no anticipated action.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on April 28, 1992 with Chairman Weyandt presiding.
Public Posting of Delinquent Bills
During a previous meeting, staff was directed to investigate the legality of posting lists of unpaid bills for outstanding water, electric, and ambulance services. The Deputy Solicitor has determined that the posting of lists of delinquent customers is legal providing the information contained on the lists is accurate. He recommended, however, that ambulance bills be omitted from posting since there are cases where the City has agreed to accept less than the amount billed.
The committee recommended that the City post lists of unpaid bills for water and sewer services, under the following guidelines
1)Post name, address, and outstanding amounts.
2)Public display of these lists should be limited to the City Hall and 5 East Reed Street.
3)Debtor information would only be posted after all other avenues of collection have been attempted and failed.
4)Debtor information would only be posted after outstanding amounts have not been collected after a period of one year or more.
5)Debtor information would be updated quarterly and purged after a period of one year.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Christiansen and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Salters).
Expansion of Target Area for Development Incentive Program
In December 1990, City Council adopted an ordinance creating development incentives to promote redevelopment of downtown Dover and the surrounding area. The "target area" is bordered on the west by the railroad, Cecil Street to the north, St. Jones River to the east and Dover Street to the south.
The Downtown Dover Development Corporation has recommended that Council expand the target area to include the area from Division Street north to Delaware Avenue and east to the St. Jones River. The DDDC wishes to encourage further redevelopment activities and believes inclusion of the proposed area in the ordinance will accomplish that objective.
The committee recommended that the ordinance be amended to expand the target area as recommended by the DDDC.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Hare and unanimously carried. (The First Reading of the proposed ordinance will be considered during the latter part of this meeting.)
Appointment of Independent Auditors
The City requests proposals every three years for audit services. This year three proposals were received. One firm, Jefferson, Urian quoted a fee of $67,800, which is $900 less than the fee quoted by our current auditor, Faw Casson and Co. However, Mr. Karia felt that the current firm has a significant technical advantage over the second firm in the area of the financial report requirements set forth by the Government Finance Officers Association. The lowest quote firm is not experienced in the electric revenue field. Discussions with Faw Casson & Company resulted in their agreement to lower their fee by $1,350.
The committee recommended that Faw Casson & Co. of Dover, Delaware be appointed as the City of Dover's independent auditors for audit services for the fiscal years 1991-92, 1992-93 and 1993-94 with the following conditions:
1)The City has the right to cancel this agreement if the City is not satisfied with the services. Such a cancellation can take place after the completion of an audit for any year. In such an event, the City shall not be liable to pay the fees for the remaining years.
2)The fees for the three years will be as follows:
Audit Services for 1991-92 $21,450
Audit Services for 1992-93 $22,450
Audit Services for 1993-94 $23,450
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote.
Request by Planning Commission to Consider Building Moratorium for Whiteoak Road
Representatives of the City of Dover Planning Commission addressed the committee relative to a request for a building moratorium for Whiteoak Road. The City Planner explained that there are a number of problems in the Whiteoak Road area that could worsen with further development. During the course of the necessary review for developers, many problems have arisen that are outside their ability to solve. Some problems identified are that the road lacks shoulders and sidewalks along portions of the road, the drainage should be closed from Route #13 to the new by-pass, and there are too many entrances that could be shared and channelized. No improvements are currently planned by the City in its Capital Improvements Plan. However, the areas under study are a part of the Greater Area Study which has identified three deficient locations in the area: (1) Whiteoak Road and Route #13, (2) Route #13 from Division Street to Whiteoak Road, and (3) Route #13 from Whiteoak Road to State Street. This study is expected to be completed by August 1992.
Mr. Christiansen reported that Senator Still has pledged $85,000 to address traffic and drainage problems. He has relayed that an additional $300,000 has been pledged by DelDOT to address the traffic, drainage and safety issues. It is anticipated that the project will take two years for completion. Members of the committee and Council relayed their concern with the problems on Whiteoak Road.
The committee recommended that the City Planner be authorized to work with the City Solicitor to develop the necessary language and criteria to institute a moratorium for development on Whiteoak Road; stipulating that this information be brought back to the committee for review.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Dais