REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 9, 1990 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Hall, Levitt, Salters, Lynn, Weyandt and VanSant. Councilmen Pitts and Daisey were absent.
Council staff members present were Chief Hutchinson, Mr. Lucas, Mr. Worley, Mr. Cregar, Fire Chief Whitham, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Pastor Doreina C. Miles, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Weyandt moved for approval of the agenda, seconded by Mr. Lynn and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING ON JUNE 25, 1990
The Minutes of the Regular Council Meeting on June 25, 1990, were unanimously approved by motion of Mr. VanSant, seconded by Mr. Salters and bore the written approval of Mayor Richter.
PUBLIC HEARING - REZONING - 407 W. LOOCKERMAN STREET - BERMAN/BLUMBERG
A public hearing was duly advertised for this time and place to consider rezoning of property located at 407 W. Loockerman Street, owned by Andrew Berman and Deborah Blumberg.
Planner's Review
The City Planner reported that the Planning Commission recommended approval of the rezoning request. In making this recommendation, the Planning Commission considered the existing land use, which consists of a variety of mixed uses, and the Comprehensive Plan which recommends that this area be developed as Central Commercial. The Comprehensive Plan suggests that this type of development be encouraged to establish a stronger urban center. In addition, the adopted Central Area Plan calls for the development of this portion of the central area with increased intensity to establish a wider employment base which will drive added retail and service commercial uses. Rezoning the property will not represent any change of character to the area. The uses permitted by the rezoning will be in harmony with the adjacent properties and will not be detrimental to the orderly development of this portion of the central area, but instead will act to stimulate future development.
Correspondence
The City Clerk reported that no correspondence was received on the proposed rezoning.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. Peter Brockstedt, equitable owner of the property, addressed Council. He explained that he is the owner of an adjacent parcel which will be utilized for the project, and is equitable owner of 407 W. Loockerman Street.
Responding to questions on parking, Mr. Brockstedt stated that he intends to lease a portion of the adjacent parking lot and will have some off street parking on his parcels.
Council President Christiansen declared the hearing closed.
Mr. Weyandt noted that all property in this area will now be zoned at C-2, with the exception of one small parcel on the southeast corner of Queen and Loockerman Streets.
Mr. VanSant moved for approval of the rezoning request in accordance with the recommendation of the Planning Commission. The motion was seconded by Mr. Lynn and by a unanimous roll call vote (Mr. Pitts and Mr. Daisey absent), 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 407 W. LOOCKERMAN 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 (Service Commercial) to C-2 (Central Commercial).
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 (Service Commercial) to C-2 (Central Commercial) on that property located at 407 W. Loockerman Street, owned by Andrew M. Berman and Deborah Blumberg.
ADOPTED: July 9, 1990
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on June 27, 1990 with Chairman Daisey presiding. In Mr. Daisey's absence, the report was presented by Mr. Levitt.
Baytree Subdivision - Open Space Requirement
Baytree Subdivision was reviewed by the City's Planning Commission and was approved for recordation in September of 1984. The Baytree residential community is a mixed use community of townhouses, garden apartments, and single-family residences. Baytree was never constructed but the developers, Robino Brothers, Inc., with to begin construction of the first phase, (townhouse portion) of the plan.
In accordance with past City policy, the developer of a recorded and unconstructed project is required to bring the project up to City Standards and specifications, which may have changed during the period of inactivity of a project.
The planning office raised several questions regarding the 1.736 +/- acres of public open space.
Mr. Walter Ellis of Burns & Elllis Realtors, informed the committee that he and Mr. Robino of Robino Brothers, Inc. purchased the Property approximately 12 years ago. Mr. Ellis also stated that in 1984, the project went back to the Planning Commission where it was determined that there was no need for Parkland since the Williams Park and White Oak, Park was in such close proximity.
After extensive review, the Planning Commission recommended tile following:
1. That lands shown as public open space be declared private to be maintained by the owner.
2. The developer be given credit for the land shown as open space and the 1.736 +/- acres be subtracted from the five (5) acres preferred in the Subdivision Regulation.
3. The balance of the commitment would be made up as a cash donation in lieu of land. This cash donation shall be equivalent to the appraised value of 10% of the gross land area in the proposed subdivision. The appraised value shall be the fair market value of the land determined as of the date of approval of the subdivision plan. In this case, the developer will make a cash donation of 6% of the, gross land area after being given credit for the 1.736 acres of land.
The committee recommended approval of the Planning Commission's recommendation-ons.
Mr. Weyandt questioned the dollar amount of the cash contribution, feeling that this figure should be known and accepted by Council.
Mr. Levitt moved for approval of the Planning Commission's recommendations with the money received to be placed in the Parkland Reserve Fund, but stipulating that when the dollar amount is determined, it will be brought back before Council for final approval. The motion was seconded by Mr. VanSant and carried by a unanimous roll call vote (Mr. Daisey and Mr. Pitts absent).
Request for Donation - Inner City Cultural League
Councilman Reuben Salters initiated a program of softball and social awareness at three different locations throughout the City. Mr. Salters is organizing this program as the Inner City Cultural League, which will benefit less advantaged families.
Councilman Salters' request for $2,000 would permit the hiring of two persons who would be present at every practice and game. These programs would serve to teach the children discipline, social awareness, and give them a sense of pride and the knowledge to say no to drugs and other types of antisocial behaviors.
Some members of the committee expressed concern with granting approval of the request, feeling that it would obligate the City to grant similar requests to others and that this type of program should be incorporated into the City's recreational and drug programs.
Mr. Worley suggested that for future support, the DECASSA program assist with programs relating to Mr. Salters' request. Mr. Worley also stated that the City Manager's Office would contact the Kent County Community Action Agency for their response to this request for the remainder of this summer.
The committee recommended that Council deny Mr. Salters' request on behalf of the Inner city Cultural League in the amount of $2,000.
Mr. Levitt moved to deny the request of the Inner City Cultural League in the amount of $2,000, seconded by Mr. Hall.
Mr. VanSant objected to the committee's recommendation, stating that the Parks and Recreation Committee should have addressed the recreational aspects of the program only. The monetary considerations should have been reviewed by the Legislative and Finance Committee. Based upon this concern, he moved to table action on the request. The motion was seconded by Mr. Salters, but failed by a vote of three (3) yes (Mr. VanSant. Mr. Salters and Mr. Christiansen) and four (4) no.
Mr. Weyandt stated that it was his impression that staff was going to look into the possibility of the program being coordinated with City of Dover programs.
Mr. Levitt withdrew his motion, as did Mr. Hall his second.
Mr. Levitt moved that Council not approve any assistance to the Inner City Cultural League at this time, keeping in mind that staff will look into incorporating this program into City programs in the future. The motion was seconded by Mr. Weyandt, but failed by a vote of three (3) yes (Mr. Weyandt, Mr. Levitt, and Mr. Lynn), and four (4) no.
Mr. VanSant moved that the matter of the Inner City Cultural League be referred to staff for a recommendation to Council. The motion was seconded by Mr. Salters and unanimously carried.
Formation of Youth Advisory Committee
During the regular Council meeting of May 29, 1990, Mr. Salters suggested that Council formulate a Youth Advisory Committee that could serve in an advisory capacity to the Parks and Recreation Committee.
Since information was not provided at this time for the committee's review, the committee tabled discussion on the Youth Advisory Committee, pending review and recommendation by staff.
Council took no further action.
State Capital Funding
The City Manager's Office received a letter inviting the City to apply for State Capital Funding. This funding is for projects more regional in nature.
The committee recommended that Council allow staff to proceed with the application for State Capital Funding for the St. Jones Greenway and Silver Lake improvements.
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Weyandt and unanimously carried.
Mr. Weyandt moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Lynn and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on July 3, 1990 with Chairman Hall presiding.
Safety Hazards at Silver Lake Entrance on Washington Street
Council referred to a letter from Mr. Richard Martin to the Safety Advisory Committee for their recommendation. Mr. Martin expressed concern over the location of the gate leading into the swimming side of Silver Lake off Washington Street; the issue of a bike/pedestrian path on Washington Street; trees in the park being cut down and not replaced; the grass not being seeded or fertilized; and abandoned and boarded up restroom not being removed.
Due to the number of issues addressed in the letter, staff recommended the following:
1. Relocating the gate leading into the swimming side of Silver Lake from its current location southward to the curve, allowing the Police Department to monitor after hour vehicles parked at the location.
2. No change to the bike/pedestrian path which was previously recommended by the Police Chief during the Safety Advisory Meeting of June 26, 1989,
3. As the trees in the City nursery reach the proper size, the Grounds Division will plant some of these trees in Silver Lake Park to help with it's beautification.
4. The current Grounds Division budget does not provide enough funds to seed and fertilize the City park areas on a regular basis. Seeding and fertilization is done on an as needed basis in areas needing attention.
5. Staff recommended the removal of the abandoned restroom at Silver Lake.
The committee recommended that Council approve the recommendations as presented by staff.
Mr. Hall moved for approval of the committee's recommendation, seconded by Mr. Levitt and unanimously carried.
Prohibition of Trucks in Residential Areas
The committee reviewed concerns of a resident, in the Towne Point area relative to the parking of large trucks. The current City ordinance restricts trucks exceeding the one ton limit from parking for a period longer than two (2) consecutive hours. Residents of Towne Point have complained of large trucks being parked in excess of two hours, although the owner periodically moves the trucks to circumvent the two hour parking restriction.
Staff recommended that truck parking be prohibited in residential areas, noting that time limits are difficult to track and enforce.
The committee tabled action on the matter, pending receipt of a draft ordinance from the City Solicitor, that would prohibit trucks in residential are as.
Chief Hutchison announced that the ordinance has been prepared by the Solicitor and will be reviewed during the next Safety Advisory Committee meeting.
Request to Increase “No Parking Zone” - NE Corner of Hope Street and Governors Avenue
The committee considered a letter from Dr. Marro requesting that the no parking area from the northeast corner of Hope Street and Governors Avenue be increased by at least "two" parking spaces, due to the obstruction view of motorists attempting to turn left onto Governors Avenue.
Dr. Marro's request was reviewed by Police Department Staff, who agreed that the intersection was hazardous. Staff increased the no parking area on the northeast corner of Hope Street and Governors Avenue on June 29, 1990 as requested. The Committee took no further action.
Parking Restrictions in Certain Areas of the City
Members of staff and Chief Hutchison reviewed the concept of Resident Parking Stickers and the concept of two hour parking restrictions in the following areas:
1. Sackarackin Avenue
2. Central Dover Area - Resolution of Downtown Dover Development Corporation and Dover Parking Authority
3. The Green
4. Elm Terrace
5. Kent General Hospital - Surrounding Neighborhoods
6. Woodcrest Area (Dover High School)
7. Area around Wesley College
8. Kings Highway (vicinity of Knopf Property)
Chief Hutchison recommended that the City develop a residential parking sticker policy which would permit the residents of certain areas to park on the street for unlimited periods of time, where two hour parking restrictions are necessary. He estimated that such a plan could be completed by September.
Residents from the Sackarackin Avenue area were present at the committee meeting, expressing their concerns with the many parking problems they have encountered since hospital employees utilize their street as a parking facility.
During the Regular Council Meeting of April 26, 1990, Council received a resolution by the Downtown Dover Development Corporation (DDDC), with concurrence of the Dover Parking Authority, recommending that an ordinance be enacted setting a two hour parking limit on streets from Loockerman Street south to Water Street and Governors Avenue east to the eastern edge of Legislative Mall, and the area of Elm Terrace, with provisions made for residential parking permits for people who live on The Green.
Mr. Wayne Holden of the DDDC, informed the committee that the intent of the Resolution is to effectively manage parking in difficult areas of the City. Mr. Holden stated that the DDDC would be receptive to a modification of the parameters set forth in the Resolution, adding that the City has taken the initiative to solve parking in Dover such as the Water Street Parking Lot.
The State of Delaware has questioned the City's authority to restrict or limit parking without their approval. City Solicitor Rodriguez, in a letter addressed to Chief Hutchison regarding a 1964 Agreement between the City of Dover and the State of Delaware, states "I do not believe that this agreement prohibits the City from enacting parking restrictions on these streets without first obtaining the Consent of the State so long as these parking regulations do not adversely affect the existing traffic and parking control". Mr. Holden believes that the power and right exists for the City to take any action it deems appropriate to handle parking problems and traffic flow.
Mr. Pete LaVenia, Chairman of the Parking Authority, affirmed committee members that two Central Area parking studies call for curbside management in the downtown area.
Concern was expressed by staff for adequate provisions of off-street parking, noting that the City must phase-in a project of this magnitude to ensure that adequate parking spaces are available as on-street sites are restricted.
The committee spent a considerable amount of time discussing many aspects of the plan, including the need for future consideration of adding other residential areas to the list and the need for provisions of long term parking for visitors of homeowners within the two hour restricted parking areas.
Since the date of the meeting, Mr. Weyandt reported that a petition was received from residents of S. Bradford Street requesting that the two hour parking restriction be extended on S. Bradford Street to Gooden Avenue.
Adding this information to the committee's recommendation, Mr. Levitt moved for approval of the following:
1. A plan on the concept of resident parking stickers, including consideration of visitor stickers.
2. Prioritized list of streets targeted for restricted two hour parking, to include consideration of the above eight (8) listed streets, including S. Bradford Street to Gooden Avenue, as well as others that staff feels should be included for the committee's review.
3. A plan on how curbside management would be phased-in in conjunction with available off-street parking spaces and a proposed timetable for implementation.
The motion was seconded by Mr. Weyandt.
Mr. VanSant objected to the motion, stating that the committee has only authorized staff to prepare a plan. There is no official action that Council will mandate restricted two (2) hour parking.
Mr. Levitt explained that two hour parking cannot be instituted until the rest of the plan is worked out regarding resident and visitor parking stickers and the areas that will be effected by the restriction. The motion implies, however, that two hour parking restrictions will be instituted when the plan is adopted.
Mr. Lynn stated that restricted two hour parking in the vicinity of Wesley College could have an affect on the College's policy on student vehicles. He suggested that Wesley College be notified of the plan as soon as possible.
On a call for the question on the motion by Mr. Levitt, the motion was approved by a roll call vote of six (6) yes, one (1) no (Mr. VanSant) with Mr. Pitts and Mr. Daisey absent.
Effects of Parking Restrictions on Private Parking Lots - Christ Church
The committee considered a letter from Reverend Howe, with concerns of the plan to restrict parking on the streets of Central Dover. Reverend Howe has experienced parking problems in and around to area of Christ Church. He is concerned that if the City institutes a two hour limit on parking, private lots will be inundated with unauthorized vehicles parked in their lots.
Chief Hutchinson informed the committee that the City can do nothing about this from a legal standpoint; however, vehicles parked in the area of Christ Church can be towed at the owner's expense. Chief Hutchinson also suggested that notes be placed on the vehicles stating that should the vehicle be parked in that area again, the vehicle will be towed at the owner's expense.
Mr. Levitt suggested that Reverend Howe consider posting signs indicating "parking for Church members and church organization's only, unauthorized vehicles will be towed at owners expense".
The committee recommended that staff contact Reverend Howe with the suggestions of the Committee and Chief Hutchinson.
Mr. Hall moved for approval of the committee’s recommendation, seconded by Mr. Levitt and unanimously carried.
Mr. Weyandt moved for approval of the Safety Advisory Committee Report, seconded by Mr. Lynn and carried with Mr. VanSant voting no.
REPLACEMENT OF COMPUTER SYSTEM - PURCHASE OF AS/400
In accordance with Council's instruction, staff reviewed the market for computer hardware to determine if there is a better product that the AS/400 Computer System. After considerable analysis, staff recommended the purchase of the AS/400 from IBM. Due to time constraints to receive a considerable discount on purchase, Mr. Worley explained that there was no time to take the recommendation to Legislative and Finance Committee. He requested permission to purchase the IBM AS/400 on a lease/purchase plan over a five year period, with annual payments of $118,00. There will be additional expenditures involved in the system analysis of software. Application software will be an additional expense.
Mr. Weyandt noted that during budget approval, Council approved an expenditure of $175,00 for the purchase during fiscal year 1990/91.
Mr. Lynn moved to authorize staff to purchase the IBM AS/400 on a lease/purchase plan over a five year period, with annual payments of $118,000, and that staff be authorized to utilize up to $57,000 (difference between approved expenditure of $175,000 and true expenditure of $118,000) for the business system plan and other necessary expenses related to the computer conversion. The motion was seconded by Mr. VanSant and carried by a unanimous roll call vote (Mr. Pitts and Mr. Daisey absent).
REZONING REQUEST - U.S. ROUTE #13 - KW LANDS
A request was received to rezone property located on the west side of U.S. Route #13 north of and adjacent to the Sheraton Inn, owned by KW Lands. The equitable owner is Wal-Mart Store, Inc.
Prior of 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. Hall, Council unanimously referred the request to the Planning Commission and adopted the following resolution:
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located on the west side of U.S. Route #13, north of and adjacent to the Sheraton Inn are presently zoned for RC (Recreational/Commercial), IO (Institutional/Office) and IPM (Industrial Park Manufacturing) use; and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance 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 a public hearing be held in City Hall on September 10, 1990, at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RC, IO and IPM to C-4 (Highway Commercial) that property located on the west side on U.S. Route #13, north of and adjacent to the Sheraton Inn, owned by KW Lands.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: July 9, 1990
CORRESPONDENCE
Request to Withdraw Rezoning Request - Anita & Marion Baynard
A letter was received from Faron Pyles of Karins and Associates, Inc., requesting that the rezoning application for lands owned by Anita and Marion Baynard be withdrawn. The Baynard property adjoins Fox Hall to the southwest, Fox Meadows to the northeast and Hidden Oaks to the southeast.
Mr. VanSant moved for acceptance of the request for withdrawal, seconded by Mr. Salters and unanimously carried.
Request to Establish "Community Grant Fund" - Councilman Vansant
Councilman Frederick VanSant recommended that Council establish a "Community Grant Fund", funded initially in the amount of $5,000, with grant awards recommended to Council by the Legislative and Finance Committee and that the funding source be from funds acquired, but otherwise not appropriated, in the operation budget.
Mr. VanSant stated in his letter that this approach would provide a procedure to respond to such ongoing requests, with awards in an amount deemed appropriate by the Legislative and Finance Committee.
Mr. VanSant moved for referral to the Legislative and Finance Committee, seconded by Mr. Salters and unanimously carried.
Sidewalk Assessment Appeal - Hazel Cohee - 511 William Street
In a letter to Mr. Levitt, Ms. Hazel L. Cohee wished to appeal charges for sidewalk repairs for her property a 511 William Street.
Mr. VanSant moved for referral to the Utility Committee, seconded by Mr. Levitt and unanimously carried.
Offer to Provide Benches throughout the City - Signs by Sharon
Sharon L. Groff, of Signs by Sharon, requested permission to place benches at different strategic points in the City of Dover. The benches would be given free to the City, but would be maintained by Signs by Sharon. The backs of the benches would be used to display advertising by local merchants.
Mr. Weyandt moved for referral to Parks and Recreation Committee and the Legislative and Finance Committee, seconded by Mr. Levitt and unanimously carried.
Dover Little League - Request to Lease Land at Schutte Farm
Mr. Dale Waite, President of the Dover Little League, requested Council's consideration of leasing approximately 22 acres from the Schutte Farm to the Dover Little League. The land would be used to build the facilities to support the entire Dover Little League program and to provide ample parking. The request is necessary to facilitate growth which their current site on Horsepond Road cannot provide.
Mr. Levitt moved for referral to Legislative and Finance Committee and the Parks and Recreation Committe, seconded by Mr. Hall, and unanimously carried.
Mr. Salters moved to adjourn open forum and then into executive session to discuss legal and personal matters. The motion was seconded by Mr. Hall and unanimously carried.
Meeting Adjourned at 8:45 P.M.
OPEN FORUM
Council President Christiansen declared the open forum in session and reminded those present that Council is not in official session and cannot take formal action.
James Wall - 614 N. Bradford Street
Mr. James Wall of 614 N. Bradford Street addressed Council concerning the City's sidewalk program. Mr. Wall felt it unfair that some residents are required to install and maintain sidewalks when there are other areas of the City that have never had sidewalks installed. He stated that the City forced him to install sidewalks nearly 20 years ago. Now the City's tree roots have damaged his sidewalk and the city is forcing him to repair it. Mr. Wall also claimed that the city does not utilize the same sidewalk specifications for individual citizens as it does for contractors. He stated that he has observed contractors working on Saturdays, when the sidewalks cannot be inspected, utilizing disturbed soil and dirt that has not been compacted.
The City Manager explained that the City now has a formal Sidewalk Program and we are systematically going through the entire City requiring sidewalk installation and/or repair. The other concerns of Mr. Wall will be looked into by staff.
Meeting adjourned at 8:50 P.M.
DEBORAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting on July 9, 1990, are hereby approved.
JOHN E. RICHTER
MAYOR
JER/DJB/jg