REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 13, 1992 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Lambert, Daisey, Levitt, Pitts, Salters, Lynn, Weyandt and Hare.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. DePrima, Fire Chief Baker, Mrs. Boaman and Deputy City Solicitor Pepper.
The invocation was given by Rabbi Goldblum, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
By motion of Mr. Weyandt, seconded by Mr. Lynn, the agenda was unanimously approved.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 23, 1992
The Minutes of the Regular Council Meeting of March 23, 1992 were unanimously approved by motion of Mr. Lynn, seconded by Mr. Hare and bore the written approval of Mayor Richter.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF MARCH 25, 1992
The Minutes of the Special Council Meeting of March 25, 1992 were unanimously approved by motion of Mr. Lynn, seconded by Mr. Salters and bore the written approval of Mayor Richter.
PRESENTATION - FRESH AIR FUND - "FRIENDLY TOWN PROGRAM"
A plaque was presented to the City of Dover and families from Dover that have participated in the "Friendly Town Program". Participating families welcome children into their homes during the summer months, affording children the opportunity to spend time outside their large city in a less congested atmosphere. Council President Christiansen expressed appreciation for the participating families that make this program successful.
PROCLAMATION - PUBLIC SERVICE RECOGNITION WEEK
The City Clerk read into the record the following Proclamation:
WHEREAS, in the name of service, public employees and volunteers have made great contributions to this society in areas such as health care, education, crime prevention, fire protection, conservation of energy and other resources, and national defense; and
WHEREAS, the effectiveness and efficiency of government depends in large measure on public employees and volunteers whose task is to provide services of the quality and quantity required and expected by the public on a daily basis; and
WHEREAS, the importance of public services rendered by public employees and volunteers and the exemplary manner of their performance are too often forgotten or ignored; and
WHEREAS, the City of Dover's employees strive daily, through their dedication and hard work, to offer its citizens the highest quality of service possible; and
WHEREAS, the City of Dover recognizes the dedication, talents and contributions made by public employees and volunteers at all levels of government.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the week of May 4 - 10, 1992, as PUBLIC SERVICE RECOGNITION WEEK in the City of Dover.
PROCLAMATION - NATIONAL BUILDING SAFETY WEEK
The City Clerk read into the record the following Proclamation:
WHEREAS, the safety of buildings we occupy in our everyday lives is essential to the well-being of the citizens of the City of Dover; and
WHEREAS, among our basic laws and ordinances are those which provide standards for safe construction in the home and workplace; and
WHEREAS, for building and related construction codes to be effective, understanding and cooperation must exist between code officials and the people they serve - building occupants and all sectors of the construction industry; and
WHEREAS, the general public often does not recognize the importance of construction safety codes and their effective enforcement until a tragedy may result from unsafe construction; and
WHEREAS, the contribution made to the health, safety and welfare of our built environment by dedicated professional code officials may not be fully realized by the public at large; and
WHEREAS, the theme of National Building Safety Week has been designated as "Building Safety is No Accident".
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim April 12-18, 1992, as BUILDING SAFETY WEEK in the City of Dover and urge all citizens to recognize the importance of modern construction codes and the vital contributions rendered by the dedicated individuals who administer them in the City of Dover and elsewhere.
The Proclamation was accepted by Mr. Anthony DePrima, Chief Building Inspector for the City of Dover. With warm weather approaching and many residents considering additions to their homes, Mr. DePrima reminded citizens that building permits are required. Building permits require inspections by the City for the protection of the homeowner.
PROCLAMATION - ARBOR DAY
The City Clerk read into the record the following Proclamation:
WHEREAS, in 1872 J. Sterling Morton proposed that a special day be set aside for the planting of trees and to recognize the importance of trees in our lives; and
WHEREAS, this holiday, called Arbor Day, is now observed throughout the nation and the world; and
WHEREAS, the City of Dover was once again named a 1991 Tree City USA by the National Arbor Day Foundation, recognizing Dover for it's outstanding urban forestry program; and
WHEREAS, Dover has become the first City in Delaware to be named as a 1991 Tree City USA Growth Award recipient for demonstrating progress in its community forestry program in the following activity areas:
- in Education and Public Relations,
- in Partnerships for land-use planning coordination, and
- Planning and Management for standards and specifications; and
WHEREAS, this new Growth Award was created to recognize environmental improvement and higher levels of tree care in Tree City USA communities; and
WHEREAS, the City of Dover once again applied for and received trees through the President's "America the Beautiful" National Tree Program; and
WHEREAS, the American Forestry Association has a Global Relief Program urging communities to join efforts in planting 100 million trees in an effort to combat the "Global Warming" effect; and
WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and
WHEREAS, the City's commitment to tree planting and care are further examples of Dover's service statement "Community Excellence Through Quality Service".
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, do hereby proclaim April 24, 1992 Arbor Day in Dover and I encourage citizens to join the City of Dover in public commemorative tree plantings and in recognizing the importance of trees in our community,
FURTHER, I urge all citizens to plant trees to enhance the environment and promote the well-being of present and future generations.
Mayor Richter and members of Council commended William Cooper, Grounds Superintendent, on the excellent job he has accomplished on the trees and flowers in the City of Dover.
Mr. John M. Schwalm, Kent County Forester with the Department of Agriculture, presented the 1991 Tree City USA and Growth Award to the City of Dover for its outstanding Tree City USA work.
RESOLUTION - SPRING CLEAN UP WEEK
By motion of Mr. Lynn, seconded by Mr. Salters, Council unanimously adopted the following Resolution:
WHEREAS, the Mayor and Council desire to place special emphasis on a clean and beautiful City; and
WHEREAS, traditionally in May there is a period set aside to honor the past and heritage of the City; and
WHEREAS, the annual Old Dover Days will be celebrated on May 2, 1992.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover that the period of April 19 - 25, 1992 be designated Spring Clean Up Week for the City and that all citizens are encouraged to clean up and beautify their premises. All Spring Clean Up items should be put out the same day as your regular household garbage for pick up.
ADOPTED: April 13, 1992
Mr. Richard Scrafford, Public Works Director, informed the public that during Spring Clean Up Week, the City will once again be offering leaf collection. This service is normally only offered during the fall but to assist residents with spring cleaning of their property, a special spring program is planned.
ANNEXATION REFERENDUM - HORSEPOND ROAD
An annexation referendum was held on March 26, 1992 for a property located on Horsepond Road, owned by Mr. Michael S. Goodhand. The City Clerk reported that one (1) vote was cast in favor of annexation, with no opposing votes cast.
Mr. Lynn moved for acceptance of the annexation results, seconded by Mr. Salters and unanimously carried.
By motion of Mr. Daisey, seconded by Mr. Pitts, Council adopted the following Resolution by a roll call vote of eight (8) yes, one (1) no (Mr. Christiansen):
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
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, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
ALL that certain lot, piece, and parcel of land lying and being in East Dover Hundred, Kent County, and State of Delaware, fronting on the easterly side of County Route 348, adjoining lands of Raymond S. Hudson, lands of E.Z. Farms, Inc. and lands of George C. Walueff, et al., and more particularly described as follows to wit:
BEGINNING at a found iron pipe on the aforementioned easterly right-of-way line of County Route 348 and at the southwest corner of lands of Raymond S. Hudson; thence running with said Hudson lands North 56 degrees 40 minutes East, 259.13 feet, passing over a set iron pipe at 200.00 feet to a point on line of lands of E.Z. Farms, Inc.; thence proceeding along said lands of E.Z. Farms, Inc. South 23 degrees 12 minutes 26 seconds East, 149.80 feet to another point at the northeast corner for lands of George C. Walueff; thence following line of said Walueff lands South 56 degrees 08 minutes Southwest, 225.02 feet, passing over a set iron pipe at 111.02 feet, to another found iron pipe on aforementioned easterly right-of-way line of County Route 348; thence finally running with said right-of-way lien and deflecting along a 2367.095 feet radius curve, the chord of which bears North 36 degrees 18 minutes 43 seconds West, 149.76 feet, an arc distance of 149.79 feet to the place of beginning, containing 35,823 square feet of land, more or less.
2. The above described property shall be annexed into the City of Dover with a zoning classification of M in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 14th day of April, 1992 at 12:01 a.m. o'clock.
ADOPTED: April 13, 1992
ANNEXATION REFERENDUM - S. GOVERNORS AVENUE AND WEBBS LANE
An annexation referendum was held on March 26, 1992 for two properties located on S. Governors Avenue and Webbs Lane. One of the parcels is the Wendy's Restaurant and the other is a vacant lot. The City Clerk reported that one (1) vote was cast in favor of the annexation, with no opposing votes cast.
Mr. Salters moved for acceptance of the annexation results, seconded by Mr. Hare and unanimously carried.
By motion of Mr. Lynn, seconded by Mr. Salters, Council adopted the following Resolution by a roll call vote of eight (8) yes, one (1) no (Mr. Christiansen):
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
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, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in the East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
BEGINNING at an iron pipe found at the intersection of the southerly line of Webbs Lane with the westerly line of U.S. Route 13; thence from said beginning point and with the westerly line of U.S. Route 13 south 27 degrees 45 minutes west 128.85 feet to an iron pipe found in the westerly line of U.S. Route 13 at a corner for lands of Dorothy Cox; thence along line of Dorothy Cox north 74 degrees 05 minutes west 173.57 feet to a corner for Dorothy Cox; thence along line of Dorothy Cox, Benedetta Degennard, and Charles H. McGinnis, north 15 degrees 55 minutes east 182.60 feet to an iron pipe found at a corner for said McGinnis in the southerly line of Webbs Lane; thence along the southerly line of Webbs Lane on the following three courses and distances; (1) south 60 degrees 29 minutes east 73.62 feet to an iron pipe found at a point of curve; thence (2) along the arc of a 4147.14 foot radius curve to the left an arc distance of 67.96 feet (a chord which bears south 60 degrees 57 minutes 10 seconds east 67.95 feet) to an iron pipe found; thence (3) south 53 degrees 12 minutes 30 seconds east 66.64 feet to the place of beginning and containing 0.684 acres of land, be the same more or less; to include the right-of-way of Webbs Lane and U.S. Route 13 adjacent to said properties.
BEGINNING at a point in the east line of the said State Highway at a corner for this lot and lands now or formerly of William M. Commerford; thence with the easterly line of the said State Highway north 15 degrees 49 minutes 02 seconds east 35.84 feet to a point; thence south 74 degrees 10 minutes 58 seconds east 4.0 feet to a point in the southerly right-of-way line of the Webbs Lane connector; thence with the southerly right-of-way line of the Webbs Lane connector the four following courses and distances: (1) in a northeasterly direction by the arc of a circle curving to the right with a radius of 65 feet an arc distance of 70.56 feet to a point; (2) south 74 degrees 10 minutes 58 seconds east 58.15 feet; (3) south 61 degrees 57 minutes 51 seconds east 12.00 feet; (4) south 60 degrees 29 minutes east 94.02 feet to a point at a corner for this lot and lands now or formerly of Robert Seward; thence thereby south 15 degrees 55 minutes west 82.69 feet to a point at a corner for this lot and lands now or formerly of William M. Commerford; thence thereby north 74 degrees 10 minutes 58 seconds west 199.77 feet to the point and place of Beginning, be the contents thereof what they may; to include the right-of-way of Webbs Lane adjacent to said property.
2. The above described property shall be annexed into the City of Dover with a zoning classification of C-4 and C-1 in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 14th day of April, 1992 at 12:01 a.m. o'clock.
ADOPTED: April 13, 1992
ANNEXATION REFERENDUM - SOUTH SIDE OF ROUTE #8
An annexation referendum was held on March 26, 1992 for property located on the south side of Route #8. The parcel of land is located to the rear and east of the Dunkin Donut property and is owned by Drs. DuShuttle, Andrews and Varipappa. The City Clerk reported that one (1) vote was cast in favor of the annexation, with no opposing votes cast.
Mr. Lynn moved for acceptance of the annexation results, seconded by Mr. Salters and unanimously carried.
By motion of Mr. Salters, seconded by Mr. Weyandt, Council adopted the following Resolution by a roll call vote of eight (8) yes, one (1) no (Mr. Christiansen):
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
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, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
PARCEL A
ALL, that certain lot, piece or parcel of land, situated in East Dover Hundred, Kent county and State of Delaware; being all of Lots 42, 43, 44, 45, 46 and 47 of a subdivision known as COUNTRY CLUB ESTATES; and being more particularly bounded and described in accordance with a recent survey by Century Engineering, Inc., Int'l., Consulting Engineers/Land Surveyors, dated January 8, 1991 as follows, to wit:
BEGINNING at a found pipe in the southerly line of Delaware Route 8 at a corner for Lot 42 of this parcel and Lot 41 of said Country Club Estates Subdivision; said point of beginning being located as measured with the southerly line of Delaware Route 8 in a westerly direction, a distance of 239.0 feet more or less from its intersection with the centerline of Bennington Street; thence turning and running from said point of beginning with the line of Lot 41, South 07 deg. 35 min. West, 200.00 feet to a set pipe in the northerly line of a 15.00 foot wide alley at a corner for this parcel; thence turning and running in part with the northerly line of said 15.00 foot wide alley, North 82 deg. 25 min. West 300.00 feet to a set pipe at a corner for Lot 47 of this parcel and Lot 48; thence turning and running with the line of Lot 48, North 07 deg. 35 min. East, 200.00 feet to a found concrete monument in the southerly line of Delaware Route 8; thence turning and running in part with the southerly line of Delaware Route 8 in an easterly direction, South 82 deg. 25 min. East, 300.00 feet to the point and place of beginning, and containing 1.38 acres of land, be the same more or less.
PARCEL B
ALL that certain lot, piece or parcel of land, situated in East Dover Hundred, Kent County and State of Delaware; being all of Lots 26, 27, 28 and 29 of the subdivision known as COUNTRY CLUB ESTATES; and being more particularly bounded and described in accordance with a recent survey by Century Engineering, Inc., Int'l., Consulting Engineers/Land Surveyors, dated January 8, 1991, as follows, to wit:
BEGINNING at a point in the southerly line of a 15.00 foot wide alley at a corner for Lots 26 and 27 of this parcel; said point of beginning being located the following two (2) courses and distances from the intersection of the southerly line of Delaware Route 8 with the centerline of Bennington Street; (1) running with the southerly line of Delaware Route 8 in a westerly direction a distance of 239.00 feet more or less to a found pipe; thence (2) South 07 deg. 35 min. West, passing over a set pipe at 200.00 feet, and continuing on for a total distance of 215.00 feet to the point and place of beginning; thence turning and running from said point of beginning with the southerly line of said 15.00 foot wide alley, South 82 deg. 25 min. East 99.00 feet to a set pipe at a corner for Lot 26 of this parcel and for lands now or late of Pine Grove Farms South; thence turning and running with the lands now or late of Pine Grove Farms South, South 07 deg. 35 min. West, 240.00 feet to a found pipe in the line of the Woodmill Subdivision at a corner for Lot 26 of this parcel; thence turning and running in part with the line of Woodmill Subdivision, North 82 deg. 25 min. West, 399.00 feet to a point at a corner for Lot 29 of this parcel and for Lot 30; thence turning and running with the line of Lot 30, North 07 deg. 35 min. East, 240.00 feet to a set pipe in the southerly line of said 15.00 foot wide alley; thence turning and running with the southerly line of said alley, South 82 deg. 25 min. East, 300.00 feet to the point and place of beginning, and containing 2.20 acres of land, be the same more or less.
2. The above described property shall be annexed into the City of Dover with a zoning classification of C-2A and CP-O in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 14th day of April, 1992 at 12:01 a.m. o'clock.
ADOPTED: April 13, 1992
RECOGNITION OF YOUTH SPORTS PROGRAM - DELAWARE STATE COLLEGE
Delaware State College will host the National Youth Sports Program for children ages 10 - 16. College, Elementary and High School Coaches and Instructors will provide activities in swimming and a variety of other sports, including basketball, softball, tennis, track and field, volleyball and dance. Community leaders will bring information to youth on alcohol and other drug abuse prevention, nutrition and personal health, career opportunities and job responsibilities, higher education and community concerns.
As this program falls in line with the City's efforts to combat substance abuse and provide recreational activities for disadvantaged youths, Mayor Richter has given his full support on behalf of City Council and the citizens of Dover.
Mr. Weyandt moved that Council support the program as outlined in a letter from Mayor John Richter, dated April 14, 1992. The motion was seconded by Mr. Hare and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on March 24, 1992 with Chairman Weyandt presiding.
Review of Mayor/Council Nominating Petitions
Members considered a letter submitted by Council President Christiansen requesting that the City establish requirements for filing petitions for the Office of Mayor or City Council for the City of Dover and provided several suggestions.
Feeling that the requirements to file for office are very lenient, Mr. Leary suggested that additional signatures be required on the petitions.
Mr. Levitt suggested that the Election Board review the suggestions of Council President Christiansen and consider other recommendations for a report back to the committee. Although he agreed that the City should establish requirements for petitioning for office, it was his feeling that no citizen should be inhibited from running for office.
Referring to the suggestion for background checks, Mr. Hare suggested that there only be a one-time filing fee and background check required. He felt that the background checks should be kept confidential and if something was discovered, it should be presented to the candidate to be given the option to withdraw or for the information to become public.
The committee recommended that the suggestions of establishing requirements for petitioning for office in the City of Dover be referred to the Election Board and that their final recommendations be submitted to the City Solicitor for preparation of a draft ordinance to be presented to the Legislative and Finance Committee for their review.
Mr. Weyandt moved for acceptance of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.
Custodial Services - 5 East Reed Street
Bids were solicited for proposals for maintenance of the recently purchased building at 5 East Reed Street. Copies of the specifications were mailed to all firms shown in the telephone book, and the project was publicly advertised. The low bid was received from Premium Building Services in the amount of $18,720. Mr. Worley stated that the City's cost to perform the work for one year would be $22,429.52.
The committee recommended that the contract for custodial services at 5 East Reed Street be awarded to Premium Building Services in the amount of $18,720.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Lynn and carried by a unanimous roll call vote.
Consideration of Council Approval for Conditional Use Applications
In accordance with Article 10, Section 1 of the Zoning Code of Ordinances, the Planning Commission has the authority to approve conditional use applications. Mr. Lambert expressed concern with City Council being held responsible for the decisions made by the Planning Commission for Conditional Use and Site Plan Approvals. It was his feeling that the Planning Commission should not be authorized to approve Conditional Uses and that such requests should be presented to Council for final approval.
Responding to concerns of Mr. Daisey that it is difficult for Council to overturn decisions made by the Planning Commission, Mr. DePrima stated that due to the lengthy hearings held by the Planning Commission, Council cannot reverse a decision of the Planning Commission unless stringent reasons are noted. He explained that it would be necessary for Council to have heard the entire hearing to understand the Planning Commission's decision. It was Mr. DePrima's feeling that an appeal process could benefit the residents and developers and in some instances, keep the matter out of court. Mr. DePrima stated that the Planning Commission makes sure that developers adhere to the rules provided in the Zoning Code of Ordinances and that Council is the only body that has the authority to waive the Zoning Code requirements.
After discussing the matter at length, the committee recommended that, within a three month period, the City Planner submit possible alternatives regarding the matter as recommended by the committee, after consulting the public, members of the Planning Commission and other involved parties.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.
Appointment of Ad Hoc Committee - Data Processing Professionals
The committee reviewed action of Mayor Richter to establish an ad hoc committee of data processing professionals from the community. The following individuals have agreed to serve:
Russell Reece or Ed Dahn, Playtex
Karl Dorzback, Self-Employed
Art Dodd, State of Delaware, Systems Planning
Ken Richter, DelDOT
Gerald Foss, Retired and member of Dover Election Board
The committee recommended endorsement of the ad hoc committee, with the addition of Councilmen Hare and Salters and any others who wish to serve on the committee, to form a recommendation to Council on the best use of the computer system at the least possible cost for City taxpayers.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.
By motion of Mr. Weyandt, seconded by Mr. Lynn, Council unanimously accepted the Legislative and Finance Committee Report.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on March 24, 1992 with Chairman Salters presiding.
Petition - East Loockerman Street Traffic
A petition consisting of 52 signatures was received from residents of East Loockerman Street requesting that the street be made accessible to local traffic only. They advised members that the street is 24' wide which has a bad curve and was not made to accommodate the amount of traffic currently utilizing the street. Residents of the area relayed their concern for safety on their street, stating that several homes have been damaged by speeding and out-of-control vehicles. Their lawns, bushes and trees have also been destroyed, street lights knocked over and they are constantly picking up garbage from the fast food establishments.
A letter was received from Mr. and Mrs. Edward L. Cox, Jr., of 798 East Loockerman Street, urging Council's immediate attention to the residents' concerns. In order to achieve a positive and effective one-time solution to the problem, they suggested that the street surface, between the intersection of South Edgehill Avenue and the access road to the rear of the Burger King Restaurant, be destroyed and replaced with sod.
Council President Christiansen informed committee members that he has observed the traffic on East Loockerman Street and concurs with the residents' concerns. He advised members that the Robbins Hose Company would have no problem with closing the street since the response routes have been altered and Division Street is now utilized to respond to that section of town.
Since the traffic flow on this street has changed drastically, Chief Hutchison stated that he would support the residents' proposed solution to the problem.
Several E. Loockerman Street residents addressed the committee relative to the dangers encountered by the residents that live along this street, including stories of pedestrians being struck by speeding vehicles and incidents of homes being hit by vehicles that are unable to negotiate the sharp turn due to excessive speeding.
After fully discussing the matter, the committee recommended that staff place a temporary barricade on East Loockerman Street as requested by residents until staff has the opportunity to complete an evaluation to design a permanent solution.
Mr. Salters stated that members of Council have received numerous telephone calls and letters of concern over the temporary closing of E. Loockerman Street. Even though the temporary solution has proven to be unpopular to many, the Council felt that a temporary closing of E. Loockerman Street was the proper thing to do to provide time for further review and additional staff work by the City staff and State Transportation Department. Although many may deem this to be unnecessary, Mr. Salters stated his opinion that it is the proper action to take. The temporary barriers should remain until staff has reviewed all aspects of the problem and makes a recommendation to Council.
In this light, Mr. Salters moved that the item be tabled until staff brings to Council a firm recommendation based on review and comments by the State and the City of Dover. The motion was seconded by Mr. Lambert and carried with Mr. Christiansen voting no.
Council President Christiansen publicly acknowledged all petitions and correspondence that has been received, informing the public that all correspondence has been duplicated and copies sent to all members of Council. The official record remains open for written comment.
Downtown Parking Restrictions
During a previous meeting the committee considered a request from Ms. Chris Donkin to extend the two hour parking limitations on South Bradford Street as well as a request from Mr. Tony Galla to remove all parking restrictions one Friday afternoon each month in the downtown area. The committee referred the requests to the Central Dover Business Association (CDBA) for their review and recommendation.
Mr. Thomas G. Smith, President of the CDBA, advised that the Association feels that the proposals have merit. Noting that on Saturday, parking enforcement is done curb side but not in the Parking Authority lots, the CDBA suggested that unlimited parking be permitted for curb side and city lots all day Saturday.
The committee recommended that, on a 60-day trial basis, the parking restrictions be removed on Saturdays for curb side and city lots in the downtown area.
In order to accommodate Mrs. Donkin's request to extend the two hour parking limitation on Bradford Street, the CDBA suggested an experimental three (3) hour parking voucher program be established.
Chief Hutchison had no objections to an experimental three hour parking voucher pilot program in certain areas of downtown. He explained that a three (3) hour parking voucher would be given to merchants for their customers to be placed in the vehicle windshields.
The committee recommended that the Chief of Police be authorized to work with the CDBA in establishing downtown parking restrictions.
Mr. Salters moved for approval of the committee's recommendations, seconded by Mr. Lambert and unanimously carried.
Mr. Salters moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Lambert and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on March 24, 1992 with Chairman Levitt presiding.
Mudstone Branch Sewer Line
Over the past year, the City has held several meetings relative to the Mudstone Branch Sewer Line. Mayor Richter submitted a memo advising members that a recent permit hearing was held before DNREC. Although the City has taken the position that they could engineer a location in the stream wetlands with sufficient safeguards and detail to make the proposal environmentally acceptable, DNREC has indicated that the solution within the wetlands is unacceptable and that the City must move to an upland solution. The environmental impacts of this proposal exceed the cost benefits. Mayor Richter recommended that staff rework the project to an upland solution, continuing to minimize construction and maintenance costs.
The committee recommended that staff further review possible solutions for the Mudstone Branch Sewer Line by working with City residents and DNREC, to develop the most economical and feasible solution for a report back to the committee.
Mr. Weyandt suggested that staff contact the City Solicitor to investigate the possibility of establishing sewer and water districts within the City of Dover as a part of their review.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Hare and unanimously carried.
Water/Sewer Billing Procedure - Industrial Users
During their meeting of February 25, 1992, the committee considered a proposed ordinance amending Section 22-133 and 22-253 that will allow monthly water/sewer billings for industrial users and quarterly for all other users. The committee tabled the matter to allow staff the opportunity to meet with the industrial users to advise them of the change.
Staff assured members that all affected users have been notified of the proposed change and that no comments or questions have been received.
The committee recommended approval of the amendments to Sections 22-133 and 22-253 of the Dover Code.
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Daisey and unanimously carried.
One Year Maintenance Inspection - Millcreek Phase I
During discussions regarding the acceptance of the streets and utilities in Phase I of Millcreek last May, it was requested that staff submit a report to Council after nine months to explain the condition of the streets at the time.
Staff has completed its normal one-year maintenance inspection and found that everything is in good order. There are a few sections of curb that have cracks, which formed the first few months the concrete was in place. These cracks have not worsened over time and they pose no structural problems to the curb.
No action was taken by the committee or Council.
Advance Schedule for Suburban Street Aid Projects
Each year, local state legislators contribute funds to the City for street related projects. These funds represent a suburban street aid allocation that the legislators receive. The City has nine such projects in various stages of development, representing a total of $868,000.
Mayor Richter has requested staff to accelerate these projects in an effort to stimulate the local economy. In reviewing the request, Mr. Worley feels that items #7 and #9 may present problems. He advised members that item #7 may require additional funds for outside engineering and item #9 will require approximately $260,000 in water/sewer funds that are not currently budgeted.
The committee recommended that staff be authorized to proceed in advancing the projects for a report back to the committee.
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Weyandt and unanimously carried.
Mr. Levitt moved for acceptance of the Utility Committee Report, seconded by Mr. Weyandt and unanimously carried.
1991 ANNUAL REPORT - POLICE DEPARTMENT
In reviewing the 1991 Annual Report of the Police Department, Mr. Lynn commended the Police Department for the job they are attempting to do for the citizens of Dover. Although crime is on the rise in certain areas, Mr. Lynn felt it was evident that the Police Department is doing all they can to combat the problems. Other members of Council concurred and offered their appreciation for the efforts of the City of Dover Police Department.
Mr. Weyandt moved for acceptance of the 1991 Annual Report of the City of Dover Police Department, seconded by Mr. Lynn and unanimously carried.
REZONING REQUEST - 1326 FORREST AVENUE - JUNE D. SCHAMP
A request was received to rezone property located 1326 Forrest Avenue, owned by June D. Schamp. The property is currently zoned RG-2 and the requested zoning is C-1A.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Salters, seconded by Mr. Pitts, Council unanimously referred the request to the Planning Commission and set a public hearing for June 8, 1992 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 1326 FORREST STREET.<