REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 9, 1990 at 7:30 p.m. with Mayor Richter presiding. Members present were Councilmen Hall, Daisey, Legates, Lynn, Christiansen, Salters, VanSant and Weyandt. Mr. Levitt was absent.
Council staff members present were Chief Hutchison, Mr. Lucas, Ms. Swain, Mr. Cregar, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Pastor Doreina C. Miles, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mayor Richter requested the addition of the following items to the agenda:
3A - Constitution Place
7B - Foxhall West - Open Space
14 - Legal Matters, to be added to Executive Session
Mr. Lynn moved for approval of the agenda as amended, seconded by Mr. Christiansen and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 26, 1990
The Minutes of the Regular Council Meeting of March 26, 1990 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Lynn and bore the written approval of Mayor Richter.
PROCLAMATION - GIRL SCOUT LEADERS' DAY
Mayor Richter presented the following Proclamation which was accepted by Victoria and Vicki Runyan:
WHEREAS, Girl Scouts across the nation observe the ninth Annual Girl Scout Leader's Day on April 22, 1990; and
WHEREAS, Girl Scout leaders have served as valuable role models for over 50 million girls since Girl Scouting began in 1912; and
WHEREAS, Girl Scout leaders have helped girls take the lead toward improving the world around them and becoming responsible citizens; and
WHEREAS, Girl Scout leaders teach girls values, skills, and decision making that prepare them for the challenges of the future; and
WHEREAS, Ninety-five adults in the Chesapeake Bay Girl Scout Council volunteer as Girl Scout leaders working with five hundred seventy-seven girls in Dover Area 12.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE, hereby proclaim April 22, 1990, as Girl Scout Leader's Day in the City of Dover.
PROCLAMATION - DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST
The following Proclamation was presented to Mr. Irving Levitt by Mayor Richter:
WHEREAS, from 1933 to 1945, six million Jews were murdered in the Nazi Holocaust as part of a systematic program of genocide, and millions of other people perished as victims of Nazism; and
WHEREAS. the people of the City of Dover should always remember the atrocities committed by the Nazis so that such horrors are never repeated; and
WHEREAS, the people of the City of Dover should continually rededicate themselves to the principle of equal justice for all people; and
WHEREAS, the people of the City of Dover should remain eternally vigilant against all tyranny, and recognize that bigotry provides a breeding ground for tyranny to flourish; and
WHEREAS, April 22, 1990, has been designated, pursuant to an Act of Congress, as a Day of Remembrance of Victims of the Nazi Holocaust, known internationally as Yom Hashoah; and
WHEREAS, it is appropriate for the people of the City of Dover to join in the commemoration.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim that, in memory of the victims of the Holocaust, and in the hope that we will strive always to overcome prejudice and inhumanity through vigilance, education, and resistance, proclaim that the week of April 22-29, 1990, is hereby designated as the Days of Remembrance of the victims of the Holocaust.
PROCLAMATION - CHILD ABUSE PREVENTION MONTH
Mayor Richter presented the following Proclamation:
WHEREAS, April 1990 has been designated National Child Abuse Prevention Month; and
WHEREAS, child abuse and neglect constitute a serious threat to the health and safety of all children; and
WHEREAS, Child Abuse Prevention Month in Delaware is co-sponsored by Parents Anonymous of Delaware, Inc.; the Delaware Chapter of the National Committee for Prevention of Child Abuse; the Delaware State Department of Services for Children, Youth and Their Families; and the Delaware Children's Trust Fund; and
WHEREAS, the kick-off for Child Abuse Prevention Month in Dover was held on April 2nd at the Sheraton Inn and special local observances will be featured throughout the month, including “Foster Parent Recognition Day” at Wesley College on April 28th, recognizing parents who care for abused children.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim April 1990 as CHILD ABUSE PREVENTION MONTH in the City of Dover, and urge all citizens to support the public events scheduled throughout the City and to work towards the eradication of child abuse and neglect during this month and throughout the year.
LETTER OF APPRECIATION TO CITY EMPLOYEE - FLOWER BEAUTIFICATION PROGRAM
Referring to the unusual weather experienced lately in our city, Mr. Weyandt stated that the flower beautification program, targeted towards flower blooming for Old Dover Days, may not be successful since our unusually warm weather has caused the flowers to bloom earlier. He felt, however, that the Grounds Superintendent should be commended for his efforts, stating that the flowers are a beautiful addition to our community.
Mr. Weyandt moved that a letter of appreciation be sent to William Cooper, City Grounds Superintendent, commending the Grounds Department in their efforts. The motion was seconded by Mr. Christiansen and unanimously carried.
RESOLUTION - GLASS RECYCLING EFFORTS
Mayor Richter expounded upon the environmental benefits of recycling and presented a resolution regarding glass recycling efforts by the Greater Dover Committee. By motion of Mr. Lynn, seconded by Mr. Christiansen, Council unanimously adopted the following Resolution:
WHEREAS, in November 1988, the Glass Packaging Institute and the Delaware Solid Waste Authority initiated a very successful pilot program for glass recycling in Sussex County; and
WHEREAS, in a cooperative effort, the Greater Dover Committee joined the efforts of the Glass Packaging Institute and the Delaware Solid Waste Authority to introduce and sponsor a similar program, The Kent County Igloo Program, in the City of Dover and throughout Kent County; and
WHEREAS, igloos for glass collection have been located at the Dover Post, Delaware State News, DelTech-Terry Campus, Kent General Hospital, and City of Dover land at Dover Street and Monroe Terrace, and other sites will soon be available; and
WHEREAS, the Glass Packaging Institute will pay $15 per ton for the glass and the proceeds will be shared between the Greater Dover Committee and the businesses where the igloos are located; and
WHEREAS, the Greater Dover Committee will use their portion of the funds for community service projects; and
WHEREAS, glass recycling will reduce solid waste and landfill costs for the City of Dover since approximately 10% of the solid waste collected is glass.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council fully supports the efforts of the Greater Dover Committee with The Kent County Igloo Program not only because of the affect it will have on reducing landfill costs, but also for the positive affect recycling has upon our environment and for the additional funds that will be generated for community service projects.
2. The Mayor and Council urge all citizens to actively participate in the glass recycling program to ensure its success in our community.
ADOPTED: April 9, 1990
CONSTITUTION PLACE - TREE REPLACEMENTS
Mayor Richter announced that City staff is working diligently to have the contractors replace tire dead trees on State Street, in Constitution Place, prior to Old Dover Days.
REZONING PUBLIC HEARING - JANE MASSEY DRAPER - ROUTE #8
A public hearing was duly advertised for this time and place to consider rezoning of property located on the north side of Route #8, owned by Jane Massey Draper.
The City Clerk reported that a letter was received from Karins and Associates, Inc., representing Jane Massey Draper, requesting withdrawal of the rezoning request. Mr. VanSant moved to acknowledge receipt of the withdrawal request, seconded by Mr. Lynn and unanimously carried.
REZONING - PUBLIC HEARING - ROUTE #113 - DELAWARE INDUSTRIAL ENTERPRISES, INC.
A public hearing was duly advertised for this time and place to consider rezoning of property located on the east side of U.S. Route #113, south of the Blue lien Mall, owned by Delaware Industrial Enterprises, Inc.
Planner's Review
The City Planner, Mr. Ed Cregar, reported that the Planning Commission recommended approval of the rezoning request. Although the Comprehensive Plan calls for this area to be open space, the current zoning of M (manufacturing) allows for a wide range of manufacturing, assembling, processing, storage and warehousing uses. The Commission believed that a change in zoning to IPM to permit the owners to plan and execute an industrial park, meeting the design standards as set forth in the zoning text, is an opportunity to develop a superior project and allows for greater control and protection of the residential and retail commercial lands to the north of the site. Mr. Cregar stated that rezoning the property will not represent any change of character to the area find the uses permitted by the rezoning will be in harmony with the adjacent properties. Such change in zone will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
Responding to questions of Mayor Richter and Mr. Christiansen on utilization of open space, Mr. Cregar stated that the requested zone of IPM is actually a better zone than the current M zone since it gives the City greater control over the development of the property. Although the property is now open space, Mr. Cregar reminded Council that the property could be developed under its current manufacturing zoning classification. With members requesting assurance that the property owners of Schoolview, who are adjacent to this property, will not be negatively affected by the rezoning, Mr. Cregar stated that design criteria in the IPM zone requires buffering and landscaping which is not required in the M zone. Formal site review is required by the Planning Commission where these issues will be reviewed.
Mr. Christiansen and Mr. VanSant expressed concern with the proposed ingress/egress of the property. Noting that there is only one entrance to the industrial park, Mr. Cregar assured Mr. VanSant that, during site review, the City will request that cross access agreements be developed with the Blue Hen Mall to facilitate emergency ingress/egress to the site. Mr. VanSant noted that the deceleration lane (north) will take part of the property in front of the American Legion - Fox Post #2, and the entrance/exit to the Fox Post will have to-be through the industrial park.
Public Hearing
Mayor Richter declared the hearing open.
Mr. Robert Lynch, Secretary/Treasurer of Delaware Industrial Enterprises, Inc. and Matt Spong, Landscaper/Architect for the project, addressed Council on behalf of the rezoning request. Responding to questions of Mr. VanSant. Mr. Spong stated that their entrance will be directly across from the entrance to the DeIDOT Administration Building. DelDOT has suggested re-channeling this island to make a lighted intersection. DeIDOT has expressed no concern with their ingress/egress plan. Mr. VanSant stated that Lafferty Lane will be the only access to Liberty Center (from the south) from the by-pass. He reiterated his concern with the entrance/exit plan, feeling that this will be a difficult place to have access to an industrial park.
Concerning questions of Mr. Christiansen of proper buffering from properties of Schoolview, Mr. Lynch assured Council that Delaware Industrial Enterprises will take every precaution to protect the residential area from the IPM zoning. Mr. Lynch is a property owner in the Schoolview development.
Mr. Chris Austin, property owner in Schoolview, submitted a petition from nine property owners on Roberta Avenue, stating the following:
“It is not our wish to oppose the requested zoning change on the condition that provisions are incorporated to leave a “green zone” between our properties and any construction on the industrial park. We feel that a two hundred foot wide section of the existing natural woodland should remain as a sight and sound barrier between the two properties. We do not wish to see a repeat of the situation on the east side of Schoolview (Tudor Industrial Park). All of the undersigned purchased our properties for the seclusion and privacy they afforded; we feel that industrial buildings backed up to our properties are an intrusion on this seclusion and will severely reduce the value of our property. Therefore, we urge the Dover City Council to include the above restrictions in any approval of the rezoning request.”
Mr. Cregar stated that the IPM zone requires proper buffering, that would be reviewed in detail at the time of Site Plan approval, which requires a public hearing.
Mayor Richter declared the hearing closed.
Mr. VanSant moved to table the rezoning request until definite information is received from DeIDOT concerning a traffic impact study.
Mayor Richter stated that prior to obtaining an entrance permit, the designated criteria of DeIDOT must be met. Mr. VanSant withdrew his motion.
Mr. Daisey moved for approval of the rezoning request as recommended by the Planning Commission, seconded by Mr. Weyandt. By a roll call vote of seven (7) yes, one (1) no (Mr. VanSant) with Mr. Levitt 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 ON THE EAST SIDE OF U.S. ROUTE 113, SOUTH OF THE BLUE HEN MALL
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 IPM.
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 IPM on that property located on the east side of U.S. Route 113, south of the Blue Hen Mall, owned by Delaware Industrial Enterprises, Inc.
ADOPTED: April 9, 1990
SIDEWALK ASSESSMENT APPEAL HEARINGS
In accordance with Section 28 of the City of Dover Charter, property owners in the 1989 Sidewalk Program were notified of the need for repairs to their sidewalk. Property owners were notified that the bid for sidewalk improvements was let and that payment for the improvements would be accomplished through a special assessment to property owners. In accordance with Section 18.7-7 of the City Code, property owners may file a written notice of appeal of the assessment with City Council within thirty (30) days after the mailing of the assessment notice.
Appeals were received from two property owners and during the Council Meeting of March 26, 1990 hearings were set for April 9, 1990 to hear appeals from Mr. and Mrs. Daniel Skweres of 611 William Street and from Mr. and Mrs. David Schucker of 305 N. New Street.
Sidewalk Assessment Appeal - Mr. and Mrs. Daniel Skweres - 611 William Street
Mr. Daniel Skweres of 611 William Street addressed Council to appeal a sidewalk repair assessment of $391.50. Mr. Skweres explained that several years ago, the City took 1½ feet off the front of his property to align the block with the rest of William Street. The City reinstalled the curb and poured a bad mix of concrete sidewalk and after a few years the sidewalk began to crumble. He has attempted several times to patch the sidewalk, but he believes that the City should assume the cost of replacement since the original sidewalk replacement was inadequate. Responding to questions of Mr. Weyandt, Mr. Skewers stated that tile concrete was poured approximately 25 to 30 years ago.
Mr. Skweres also pointed out that a portion of the sidewalk by the alley was destroyed by garbage trucks driving over the sidewalk, curb and lawn. Mr. Skweres stated that at midpoint of the sidewalk, a City front-end loader ran over it in two places causing cracks.
In researching the complaints of Mr. Skweres, the Public Works Department was unable to substantiate if a “bad mix of concrete” was poured 25 to 30 years ago. The damaged portion of the sidewalk caused by a City sanitation truck will be replaced by the City. The final complaint, related to cracking of the sidewalk at “midpoint”, was researched and it is not known if a City front-end loader caused the damage.
Mr. VanSant moved that the City underwrite the cost of replacing 90 square feet of sidewalk at 611 William Street, take appropriate action to repair the portion of the sidewalk that was damaged by City vehicles, and that action be taken to prevent vehicles from cutting the corner short and destroying the sidewalk. The motion was seconded by Mr. Christiansen and carried by a unanimous roll call vote (Mr. Levitt absent).
Mr. and Mrs. David Schucker - 305 N. New Street
Mr. David Schucker of 305 N. New Street appealed his assessment of $208.80 for replacement of 48 square feet of sidewalk. Mr. Schucker stated that the sidewalk damage was a result of overgrown tree roots. The tree was removed in June 1988, although the sidewalk was not replaced until 1989. Feeling that there was a misunderstanding of Council action regarding reimbursement of tree pruning co.-its to property owners of the 1989 Sidewalk Program, Ms. Swain explained that the policy only reimbursed property owners for the cost of pruning the tree roots. The replacement of damaged sidewalk is still the responsibility of the property owner.
Mr. Schucker stated that if the roots of the removed tree had been properly removed in 1988, the sidewalk may have settled prior to its replacement in 1989. He was attempting to remove the stump himself when City personnel came to replace the sidewalk. Mr. Schucker requested that he be given an additional day to complete his work which he was granted. Unfortunately, City personnel did not adhere to this and the sidewalk was replaced. Mr. Schucker felt that if he had been given time to remove the roots, the sidewalk may have fallen back into its proper place.
Mr. Weyandt felt that Public Works Department staff should be given an opportunity to supply information to Council regarding Mr. Schucker's claim.
Mr. VanSant moved to table action on the appeal, seconded by Mr. Lynn with Mr. Christiansen voting no (Mr. Levitt absent).
ORDINANCE - SECTION 7-16 OF ARTICLE II. DIVISION I - ROBBINS HOSE COMPANY Council considers d the final submission of an ordinance, Section 7-16 of Article II, Division I of the City Code, which would designate Robbins Hose Company, Inc. as the fire company for the City of Dover.
Mr. Christiansen reiterated his objections to recognizing Robbins Hose as the “fire company”, feeling that it should read “fire department”. Mr. Rodriguez stated that the ordinance should read “fire company” in order to maintain compliance with the rest of this section in the Code.
By motion of Mrs. Legates, seconded by Mr. Salters. Council unanimously adopted the following ordinance, with Mr. Levitt absent:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Code is hereby amended by deleting Section 7-16 of Article II, Division I, in its entirety and by inserting the following in place thereof:
SEC. 7-16 Created; purpose.
There is hereby created a city fire department which shall protect and prevent against the hazard of fire. Robbins Hose Company No. 1, Inc. is hereby recognized and designated as the fire company of the City of Dover in accordance with the Charter of the City of Dover and the Dover Code.
ADOPTED: April 9, 1990
PARKS AND RECREATION COMMITTEE
The Parks and Recreation Committee met on March 27, 1990 with Chairman Legates presiding.
Continental Park - Playground Equipment
Several residents of Bicentennial voiced objections to the development of Continental Park. Many of the residents signed a petition requesting that the park remain in its current condition. The residents have requested that the playground equipment for this park be placed in some other area in the City. The residents fear that park development would only add to the problems already being experienced with burglary and vandalism since a park would attract users from outside their neighborhood. The vacant parkland already experiences excessive loitering and the property owners fear that this problem would be enhanced by the installation of playground equipment.
The American Legion contributed $6,100 towards the cost of the Continental Park project. Based upon the wishes of the residents, the American Legion offered to extend the contribution to another site.
It was the recommendation of the committee that Council discontinue plans for the park, leaving the current little league play field intact.
Mrs. Legates moved for approval of the committee's recommendation, seconded by Mr. Daisey and unanimously carried.
Fox Hall West - Open Space
Council tabled action on a proposal to dedicate approximately 2.7 +/- acres of land for private open space purposes in Fox Hall West. Mr. Cregar explained that public open space is that which is dedicated to public use and is deeded to the City of Dover for ownership and maintenance responsibilities. Private open space is land within a development which is reserved for dedication and transfer of title to a non-profit homeowners' corporation which is to be established by the developer. The homeowners' corporation would have all responsibilities for the open space with respect to maintenance.
Mr. Cregar informed the committee that the City will require the developers to incorporate language from paragraphs 10.21 and 10.22 of the Zoning Code as part of the dedicated plat for public record and also to be included in deeds so that property owners are aware of what they are purchasing prior to settlement.
The committee recommended acceptance of 2.7 +/- acres in Foxhall West as private open space in lieu of cash.
Mr. VanSant moved to remove from the table the matter of open space in Foxhall West, seconded by Mr. Lynn and unanimously carried.
Mrs. Legates moved for approval of the committee's recommendation to accept 2.7 +/- acres in Foxhall West as private open space in lieu of cash. The motion was seconded by Mr. Hall and carried by a unanimous roll call vote (Mr. Levitt absent).
Mrs. Legates moved for acceptance of the report of the Parks and Recreation Committee, seconded by Mr. Christiansen and unanimously carried.
SPECIAL SAFETY ADVISORY COMMITTEE REPORT
A special Safety Advisory Committee meeting was held on April 3, 1990 with Mrs. Legates presiding.
Downtown Traffic Flow Study
The continued growth in Dover has resulted in an increase in congestion, both vehicular and pedestrian, in the Legislative Mall area. In an effort to esse this congestion and to allow better vision, Chief Hutchison submitted recommendations to eliminate parking spaces and make changes as follows:
1) Federal Street, east side, first two spaces north of Duke of York
2) Federal Street, west side, first two spaces south of south entrance into Kent County Administration lot
3) Water Street, north side, first two spaces west of Federal Street
4) Water Street, north side, first two spaces east of Federal Street
5) Water Street, both sides, between Kerbin Street and pedestrian entrance to Christ Church Cemetery - one to two spaces
6) Water Street, north side, first two spaces east of entrance to south side of Cooper Building
7) Legislative Avenue, east side, first two spaces on both north and south sides of west entrance to Tatnall Building parking lot
8) Legislative Avenue, east side, first space north of Duke of York
9) Legislative Avenue, west side, first space south of William Penn
The plan requires three new traffic lights, with $53,000 projected for new equipment and installation and an additional cost of $12.000 for in-stock material. Although the State may conduct a traffic study for Kent County within the next 18 months, the committee felt that the City should move forward with downtown traffic flow changes as soon as possible.
Chief Hutchison further recommended the following:
The following streets are designated to be the primary/secondary routes.
Traffic North and South Directions
S. State Street - designated as two way traffic with parking allowed on portions of the section between Loockerman Street and Division Street. Serves as one of two primary north-south routes.
S. Governors Avenue - designated as two way traffic with parking allowed along the entire route except as specifically noted. Serves as a primary north-south route with S. State Street.
S. Queen Street - designated as two way traffic with parking allowed along the entire route except as specifically noted. Should serve as a secondary north-south route. Provides access to downtown Dover from northwest and from southwest.
Recommendation is that traffic lights be installed at the intersection of S. Queen Street and W. North Street and at S. Queen Street and W. Water Street. These would facilitate the better flow of traffic on North Street and Water Street and encourage use of those streets by east-west traffic.
S. New Street - designated as two way traffic with parking allowed along the entire route except as specifically noted. Use as a secondary route is severely limited because the street leads into residential developments at both ends. Through traffic pattern is difficult and use should not be encouraged as a traffic route. This street should serve better as a downtown connector (i.e. Between Loockerman Street and Bank Lane, etc.). The stop sign at New Street and North Street should be changed to stop traffic on New Street so that traffic flow on North Street will not be impeded.
East and West Directions
W. Division Street - is designated as two way traffic with parking allowed along the route except as specifically noted. This street should serve as a primary east-west route. This street serves the west side of Dover and provides through traffic to US Route 13 and points east of Dover. Considerations should be made to encourage use of this route.
W. Loockerman Street - is designated as two way traffic with parking allowed except as specifically noted. Primary east and west route to provide access to central downtown business area. Also provides through traffic to US Route 13. Use should be encouraged as primary route 'to central area but not as a relief route for W. Division Street.
W. North Street - is designated as two way traffic and no parking is allowed along the route. The street is more narrow than Loockerman Street or Division Street. North Street; as a secondary traffic route, provides an opportunity for traffic approaching from west Dover, and in particular from the industrial areas between Salisbury Road and Mifflin Road, to quickly proceed to primary and secondary north-south traffic routes. A traffic light is recommended at the intersection of W. North Street and S. Queen Street (see S. Queen Street) to ease the congestion at the intersection and encourage traffic usage.
W. Water Street - Is designated as two way traffic and provides a primary route for traffic approaching from the south to bypass the downtown area of Dover. A traffic signal should be installed at W. Water Street and S. Queen Street to encourage such usage. The intersection is very congested and more order is needed in the traffic regulation. Parking is presently allowed but should be reviewed and severely restricted in the area between S. State Street and West Street.
The committee recommended approval of the elimination of parking spaces and for approval of the recommendations of traffic flow patterns for the downtown area as requested by the Chief Hutchison.
Mrs. Legates moved for approval of the of committee's recommendation, seconded by Mr. Lynn and unanimously carried.
Chief Hutchison informed Council that the plan has been submitted to DelDOT and verbal approval has been received.
Mrs. Legates moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Christiansen and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on March 27, 1990 with Chairman Weyandt presiding.
Records Management Legislation - Senate Bill #332
The State of Delaware Local Records Management has submitted S.B. No. 332 to the General Assembly and the support of local governments has been solicited. The legislation points out the need for records management in local government and provides for the creation of a special fund to support an ongoing program of assistance and services concerning the management and preservation of the records of Delaware's local governments. Funding would be provided through the imposition of a $1 fee to be collected by the County Recorder of Deeds at the time a document is recorded.
The City Clerk, Mrs. Boaman, informed the committee that the State of Delaware Department of Archives has worked closely with the City, at no charge, to coordinate a Records Management program within the City. She requested City support of the legislation.
The committee recommended that a letter be sent in support of S.B. No. 332.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.
Closing of 1985 General Obligation Bond Fund
In 1985, the City issued general obligation bonds in the amount of $655,000 which included library renovation, three storm sewer projects and the Silver Lake project. The library project was completed and closed in 1987. The storm sewer project included Bradford/Wyoming/Governors Avenue project, Walker Road to Woodcrest Drive and the West Tax Ditch project. Storm sewer projects were completed in 1988. The last invoice on the Silver Lake project was paid In February 1990.
The committee recommended the transfer of the available balance of $19,801, together with the accrued interest, to the General Fund in a separate escrow account for the Silver Lake project and the closing of the 1985 G.O. Bond Fund.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. Levitt absent).
Vendor Policy
Stemming from requests of vendors to utilize the municipal lot, the committee directed the Planner to obtain information on the vendor currently utilizing this lot and to review how other municipalities handle similar requests.
Information obtained by the Planning Office finds the operations of the current vendor in the Municipal Lot to be legal and recommends the permission of continuing service.
Citing safety problems, Mr. Cregar stated that permitting additional vendors in the Municipal Lot would not be in the best interest of the City; however, there are various areas within the City that would allow for vendors to locate such as the Silver Lake Recreation Area, Dover Park, softball fields, etc. Mr. Cregar recommended that the City adopt a policy to allow utilization of these properties. In addition to that policy, Mr. Cregar stated that the Planning Department would include questions on the business license application which would identify areas where the vendor will operate and the type of operation at the time of the request.
The committee recommended approval of the Vendor Policy as submitted by the Planner.
By motion of Mr. Weyandt, seconded by Mr. Salters, Council unanimously adopted the following policy (Mr. Levitt absent):
Vendor Policy
The City Council has determined that the existing vendor, located in the municipal parking lot east of City Hall, adjacent to the United States Post Office, is legal and should be allowed to continue the present operation at the current location. Further, it is the recommendation of the City Council that any expansion of vendors on the parking lot not be authorized due to the concern for public safety and welfare of vehicular and pedestrian traffic. Additional vending carts at this location would not be in harmony with or appropriate in this portion of the institutional/office zone and may be detrimental to the purpose for which the zone was to be utilized, in this case, for the purpose of a municipal parking lot.
The Council believes that there are other properties under City ownership which would offer the opportunity to establish a fixed vending operation where the assembly of persons connected with and who would utilize the service, would not be hazardous, inconvenient, or in conflict with the normal traffic of the area. Three such areas have been identified: the Silver Lake recreational area, this: Dover Park on White Oak Road and the ball-fields used for the City's Softball League. Sites may be expanded with the approval of Council. The Council has determined that these sites should be allowed for fixed vendor locations and directs the City Manager's Office to review such applications for permission to use these sites and where appropriate grant approval. Such approval shall be on a first come, first permitted policy.
In order that the permitting process can be clear and to assure that there is no misunderstanding as to the nature of the type of vending operation being applied for (fixed position vs. mobile conveyance from place to place), the Department of Licensing would institute an additional form that would be an attachment to the license application currently used. It is envisioned that this supplement attachment would require information such as the proposed location of the vending stand, a signature block with a statement of permission from the property owner and also a place to provide a sketch of how the vending car or stand would be situated on the property using exact measurements.
Finally, if a location has been deemed to be marginal or inappropriate by the Administrator (Director Planning & Inspections) final approval or denial of such site shall be made by the Safety Advisory Committee.
Senior Citizen Property Tax Discount Adjustment
The committee recommended an increase in Senior Citizen Property Tax Discount figures, as follows:
Income Limits
Single Couple Exemption
Current $ 7,000 $ 12,000 $ 15,500
Proposed 8,250 14,100 18,000
The committee recommended approval of an ordinance to increase the senior citizen property tax discount figures. The City Clerk read the proposed ordinance into the record, stating that the final submission of the ordinance will be made on April 23, 1990 for Council action.
Articles of Incorporation
The committee reviewed the Articles of Incorporation for the Dover Development Corporation.
If the Corporation is approved, members will consist of two (2) persons who open and operate businesses located in the central Dover area; one (1) person with legal background; one (1) person with commercial real estate background; one (1) person with finance background; one (1) representative from the Dover Parking Authority; three (3) private citizens; three (3) members of City Council; one (1) City Planner and one (1) City Manager, which would be appointed by the Mayor and confirmed by Council; and one (1) person from State Government with a background in economic and urban development to be appointed by the Governor.
The committee questioned Article IX of page 11, where it states, “the corporation reserves the right to amend, change or repeal any of the provisions contained in the certificate of incorporation...”, stating that the corporation can change the articles if desired, without approval of Council.
Action on the Articles of Incorporation was tabled by the committee, pending consideration by the City Solicitor of Article IX.
Mr. Weyandt reported that Article IX of the Articles of Incorporation has been reviewed and amended by the City Solicitor, reading the proposed change into the record as follows:
“the corporation reserves the right to amend, change or repeal any of the provisions contained in the certificate of incorporation in the manner now or hereinafter prescribed by the laws of the State of Delaware; provided, however, that any such action shall be calculated exclusively to carry out the objects and purposes for which the corporation is formed. Any amendment, change, or repeal of any of the provisions contained in this Certificate of Incorporation shall take effect thirty (30) days after such action by the Board of Directors unless the City Council of the City of Dover shall veto such action by majority vote at a regular meeting of Council within the thirty (30) day period.”
Since the change addresses the concerns of the committee, Mr. Weyandt moved for approval of the Articles of Incorporation of the Dover Development Corporation (as on file in the Office of the City Clerk and with the State of Delaware). The motion was seconded by Mrs. Legates.
Mr. Hall voiced objections to Council delegating its powers and responsibilities to another body. As the elected officials of 'he City of Dover, Mr. Hall felt that City Council should not abrogate its responsibilities, voicing his opposition to the motion.
Mr. VanSant responded, stating that the Dover Development Corporation is not an Authority, with City Council retaining the electorate responsibility.
Mr. Christiansen and Mr. Salters reminded Mr. Hall that the change to Article IX addresses his concerns of an autonomous body taking action without recourse by Council. It was stated that Council needs to utilize the expertise and time of others to assist them in carrying out some of their objectives.