REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 14, 1991 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Hall, Daisey, Levitt, Pitts, Salters, Lynn, Weyandt and VanSant.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Fire Chief Hurley, Mr. Cregar, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Reverend Vinciguerra, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Christiansen requested the addition of item #3C to consider a rezoning request. Mr. Hall requested the addition of a moment of silent prayer for those in the Middle East.
Mr. Lynn moved for approval of the agenda as amended, seconded by Mr. Hall and unanimously carried. A moment of silent prayer was held for those in the Middle East and for a peaceful settlement.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 18, 1990
The Minutes of the Regular Council Meeting of December 18, 1990 were unanimously approved by motion of Mr. VanSant, seconded by Mr. Daisey and bore the written approval of Mayor Richter.
RESOLUTION - MORRIS W. FREEMAN
By motion of Mr. Lynn, seconded by Mr. Hall, Council unanimously adopted the following Resolution:
WHEREAS, Morris W. Freeman, hired on March 17, 1966, was the first ambulance attendant hired by the City of Dover when the service was created; and
WHEREAS, when the City of Dover created its Paramedic Program, Mr. Freeman attended the Wilmington Medical Center for advanced life support training qualifying him for the Paramedic Program and has served as an instructor for Basic Trauma Life Support courses; and
WHEREAS, while responding to medical emergencies, Mr. Freeman has often endangered his own life in order to offer assistance to victims and the City has received numerous letters of appreciation from citizens for Mr. Freeman's quick, courteous, and professional response to medical emergencies; and
WHEREAS, after more than 25 years of employment with the City of Dover, Mr. Morris W. Freeman has chosen to retire.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council wish Morris W. Freeman a happy and healthy retirement and extend their deepest appreciation for the manner in which he carried out his responsibilities and duties as a City of Dover employee.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to make this Resolution a part of the permanent records of the City of Dover as a lasting symbol of appreciation for the dedicated service of Morris W. Freeman.
ADOPTED: January 14, 1991
In recognition of Mr. Freeman's dedicated service and impending retirement, Council President Christiansen presented Mr. Freeman with a City of Dover Cup and Plaque and the best wishes of Mayor and Council.
RESOLUTION - HARRY W. DOWNES
By motion of Mr. Weyandt, seconded by Mr. Lynn, Council unanimously adopted the following Resolution:
WHEREAS, Harry W. Downes has been a faithful employee of the City of Dover since January 5, 1960; and
WHEREAS, in his position as Central Services Director, Mr. Downes has often been commended for the orderly structure of the City of Dover Warehouse where he not only keeps the facility spotless but where the vast array of inventoried parts are always in their designated place; and
WHEREAS, Mr. Downes has often been called upon to work after hours and on holidays to open the Warehouse for supplies during times of inclement weather, and water/sewer or electrical emergencies, and could always be counted on to be there when he was needed; and
WHEREAS, after serving for more than 31 years as an employee of the City of Dover, Harry W. Downes has chosen to retire.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council extend their deepest gratitude to Harry W. Downes for his contributions to our community, highly commending him for the excellent work he has provided to the City of Dover during his employment.
BE IT FURTHER RESOLVED that the City of Dover Warehouse is hereby dedicated to Harry W. Downes as a lasting symbol of appreciation for his long and dedicated service to the City of Dover.
ADOPTED: January 14, 1991
The following words were read by Councilman Weyandt, which will be engraved in a plaque at the Warehouse, in honor of Mr. Downes' contribution to its success:
“This building is dedicated to Harry W. Downes for 31 years of outstanding commitment and dedicated service to the City of Dover.”
In expressing his sincere appreciation, Mr. Downes explained his philosophy over the years; “Anything worth doing, is worth doing well”. He expressed his hope that this philosophy will be continued in the future.
PUBLIC HEARING - ZONING TEXT AMENDMENT
A public hearing was duly advertised for this time and place to consider adoption of a zoning text amendment to Article 3, Section 1.14 relative to Group Homes and Halfway Houses.
Noting correspondence from the City Planner and the State of Delaware, Mr. VanSant moved that the matter be referred to the Legislative and Finance Committee for further review prior to its final reading. The motion was seconded by Mr. Lynn.
Since the public hearing was duly set and advertised, City Solicitor Rodriguez ruled that the hearing must be held, Mr. VanSant withdrew his motion as did Mr. Lynn his second.
In explaining the creation of the proposed ordinance, the City Planner stated that the Planning Department felt a deficiency exists in the present ordinance which does not provide the opportunity for establishment of group homes and halfway houses. The proposed ordinance would permit group homes and halfway houses as conditional uses in residential zones. Since review by the Legislative and Finance Committee, correspondence has been received from Thomas Eichler, Secretary of Delaware Health and Social Services, requesting that Council defer action on the proposed text amendment to allow consultation with the City and his staff on some areas of concern with the amendment.
Mr. Cregar requested that the proposed text amendment be referred to the Legislative and Finance Committee so that a joint workshop can be scheduled.
Council President Christiansen declared the hearing open.
There was no one present wishing to speak for or against the proposed text amendment. Mr. Cregar explained that representatives of the State of Delaware are not present based upon their request for deferment of action.
Council President Christiansen declared the hearing closed.
Responding to a question from Mr. Levitt, Solicitor Rodriguez stated that a new public hearing would be held after review and possible revision of the amendment by the Legislative and Finance Committee.
Mr. VanSant moved that the proposed text amendment be referred to the Legislative and Finance Committee for continued review, seconded by Mr. Lynn and unanimously carried.
PUBLIC HEARING - ZONING TEXT AMENDMENT - IPM ZONING DISTRICT REGULATIONS
A public hearing was duly advertised for this time and place to consider adoption of a zoning text amendment to Article 3, Section 20 relative to IPM district regulations.
Mr. Cregar explained that the text amendment is an amendment to the industrial park manufacturing zone. The amendment would permit, in the IPM zone, associated retail uses in conjunction with permitted uses to be processed as Conditional Uses, requiring review and approval by the Planning Commission. The Planning Commission recommended approval of the text amendment.
Mr. VanSant moved for acknowledgment of the final reading of the ordinance, by title only. The motion was seconded by Mr. Daisey and Council unanimously accepted the final reading of the following proposed ordinance, by title only:
AMENDMENT TO ARTICLE 3, SECTION 20 (IPM ZONING DISTRICT REGULATIONS).
Council President Christiansen declared the hearing open.
There was no one present wishing to speak for or against the proposed text amendment.
Council President Christiansen declared the hearing closed.
Mr. VanSant moved for approval of the proposed text amendment. The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following ordinance:
Amend Article 3, Section 20 (IPM Zoning District Regulations) by inserting the following subsection at the correct numerical location:
20.17 The following uses may be permitted as Conditional Uses if approved by the Planning Commission in accordance with the revisions and procedures set forth in Article 10, Section 1 and to any specified requirements set forth below:
a)Associated retail uses in conjunction with and accessory to a permitted use provided that the associated retail use does not occupy more than 30 % of the gross floor area of the building or group of buildings on a lot. Parking shall be provided at a rate of I parking space per 300 square feet of retail space for the exclusive use of retail customers in addition to the Bulk Parking Requirements of this zoning district for a particular use.
ADOPTED: January 14, 1991
REZONING REQUEST - NE SIDE OF NEW BURTON ROAD - EDITH W. FOX
A request was received to rezone property located on the northeasterly side of New Burton Road, north of Garton Road, owned by Edith W. Fox.
Prior to amending the zoning ordinances and zoning map of the City of, Dover, a public hearing is required.
By motion of Mr. VanSant, seconded by Mr. Daisey, Council unanimously referred the request to the Planning Commission and set a public hearing for March 11, 1991 at 7:30 p.m. The first reading of the ordinance, by title only, was accomplished by motion of Mr. VanSant, seconded by Mr. Weyandt and unanimously carried.
MONTHLY REPORTS - NOVEMBER
By motion of Mr. Weyandt, seconded by Mr. Daisey, council unanimously adopted the following reports:
Chief of Police Report
Building Inspector and Fire Marshal Report
City Assessor Report
City Alderman Report
City Manager Report
Internal Service Fund, Revenue & Budget Report
After relaying questions on the following monthly reports, Mr. Weyandt moved for their approval, seconded by Mr. Lynn and unanimously carried.
J.P. Court #7 Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
SPECIAL LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on January 3, 1991 with Chairman Weyandt presiding.
Selection of Polling Location - Municipal Election
The Election Board has performed site inspections at several locations, seeking a facility that would be suitable to hold the 1991 municipal election. Specific criteria was utilized in the selection and recommendation of a site.
After careful evaluation, the Election Board unanimously recommended utilization of the Elks Lodge. Although the Elks Lodge is not located in central Dover, it was felt that the Route #8 location provides easier access than would be afforded by a center-city site. For those persons that would normally walk to the Grace Fellowship Hall to vote, the Board recommended that a busing service be offered, from the City Hall parking lot to the Elks Lodge, during polling hours. In offering this recommendation, the Board felt that the Elks Lodge meets the necessary criteria for selection. The Elks House Committee has agreed to permit the City to utilize their facility. They maintain insurance coverage for on-site functions as does the City of Dover for its employees and officials.
The committee recommended acceptance of the Election Board's recommendation to utilize the Elks Lodge on Route #8 as the polling location for City of Dover municipal elections.
Mr. Weyandt reported that the City Clerk's Office will be mailing out voter cards to every registered voter in the City. He requested that members of the press inform the public that if they do not receive such a card they are not registered to vote and that they should contact the Department of Elections to register.
Mr. Weyandt moved for approval of the Election Board's recommendation to utilize the Elks Lodge on Route #8 for the 1991 municipal election. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.
On behalf of Council, Mr. Hall and Mr. Lynn commended members of the Election Board for their hard work and effort in seeking a suitable polling location for City elections.
Recommendation on Consultant Selection - Route #8 - McKee/Saulsbury Road Corridor Study
Stemming from the tremendous residential growth in the northwest portion of the City, City Council authorized an expenditure for a Route #8 - McKee/Saulsbury Road Corridor Study. This study should provide the City with a tool to promote commercial/mixed-use development which would be complimentary to the existing development and act to stimulate development in a functional and aesthetic way.
After careful review and evaluation of the firms submitting proposals, the Planning Department recommended the selection of Land Design/Research, Inc. for professional services to provide the Corridor Study. The firm has agreed to perform the study for $33,000. This cost is complete and includes aerial photography of the Route #8 - McKee/Saulsbury Road corridors which will prove very beneficial to the City in the future. The LDR study is projected to take 24 weeks, although staff is attempting to pare the time frame down to 20 weeks.
Mr. Weyandt requested that portions of the Kenton Road be included in the study since this road is very much affected by the development of Route #8 and Saulsbury/McKee Roads. LDR and staff will look into inclusion of the Kenton Road area in the Scope of Work for the project.
The committee recommended endorsement of the selection of Land Design/Research, Inc. for professional services to provide the Route #8 - McKee/Saulsbury Road Corridor Study, at a cost not to exceed $33,000, with a completion date not to exceed June 15, 1991.
Referring to the most recent Comprehensive Plan, Mr. Weyandt stated that over the years many rezonings have been approved that were not in accordance with the recommendations of the Comprehensive Plan, making it nearly obsolete. He stated his hope that the new study will be comprehensive and complete and that Council will not alter from its recommendations when approving rezoning requests.
Mr. Weyandt moved to award a contract to Land Design/Research, Inc. for professional services to provide the Route #8 - McKee/Saulsbury Road Corridor Study, at a cost not to exceed $33,000, with a completion date not to exceed June 15, 1991. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.
Mr. Lynn moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. VanSant and unanimously carried.
Mr. Lynn moved to adjourn into the Open Forum, seconded by Mr. Weyandt and unanimously carried.
OPEN FORUM
Council President Christiansen declared the open forum in session and reminded those present that Council is not in official session and cannot take formal action.
Traffic Light Synchronization
Five students from the Caesar Rodney High School (Daniel Spruill, Kevin Satterfield, Thomas Baker, Tara Alty, and Dawn Wallace) addressed members of Council regarding improper synchronization of the lights at several intersections in the downtown Dover area.
They displayed a poster which depicted several intersections that they feel are safety hazards due to improper synchronized of the lights. They explained that the lights are changing to red simultaneously with the other light turning green. Without adequate delay in the lighting system, the students fear that many accidents will occur.
A petition, containing 90 signatures, was submitted from drivers of the downtown area that also feel action should be taken by the City to correct this problem. A second petition was submitted, containing 100 signatures, regarding the intersection of Water and State Streets. The petition requests a left turn arrow for vehicles traveling on State Street that wish to make a turn onto Water, Street. Left turn lanes already exist so installation of the turn arrow could be easily accomplished.
Chief Hutchinson explained that a traffic study for the downtown area is currently being conducted by the State Department of Transportation. Light synchronization is an area that will be scrutinized.
Mr. Hall, Chairman of the Safety Advisory Committee, assured the students that their concerns will be addressed by the committee during their February 13th meeting and invited their additional input.
Members of Council thanked the students for taking the time to bring this matter to their attention.
Meeting Adjourned at 8:45 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of January 14, 1991, are hereby approved.
JOHN E. RICHTER
MAYOR
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