REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 23, 1989 at 7:30 p.m. with Mayor Richter presiding. Members present were Councilmen Hall, Daisey, Legates, Christiansen, Levitt, Salters, VanSant and Weyandt. Councilman Lynn 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 Reverend John H. K. Miller, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Under item #13, Mayor Richter requested that the executive session be expanded to include personnel matters. Mr. VanSant moved for acceptance of the agenda as modified, seconded by Mrs. Legates and unanimously carried.
CONSENT AGENDA
Upon review of the consent agenda, Mr. Weyandt requested that item #3G be removed from the Consent Agenda for discussion.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 25, 1989
The Minutes for the Regular Council Meeting of September 25, 1989 were unanimously approved by motion of Mr. VanSant, seconded by Mr. Weyandt and bore the written approval of Mayor Richter.
REZONING REQUESTS
David W. Colwell - 601 W. Fulton Street
A request was received to rezone property located at 601 W. Fulton Street, owned by David W. Colwell. Prior to amending the zoning ordinances zoning map of the City of Dover, a public hearing is required.
By motion of Mr. VanSant, seconded by Mr. Weyandt, 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 at 601 West Fulton Street, are presently zoned for R-8 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 December 4, 1989 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-8 to M that property located at 601 West Fulton Street, owned by David Colwell.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: October 23, 1989
Milford Land Associates - NE Corner of the Intersection of Independence Blvd and Route #8
A request was received to rezone property located at the northeast corner of the intersection of Independence Blvd. and Route 18, owned by Milford Land Associates. 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. Weyandt, 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 northeast corner of the intersection of Independence Boulevard and Route 8, containing approximately 2.3939 +/- acres are presently zoned for RG-0 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 December 4, 1989 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RG-0 to C-PO that property located on the northeast corner of the intersection of Independence Boulevard and Route 8, owned by Milford Land Associates.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: October 23, 1989
Modern Maturity Center - 18 Greenhill Avenue
A request was received to rezone property located at 118 Greenhill Avenue, owned by the Modern Maturity Center. 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. Weyandt, 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 at 18 Greenhill Avenue are presently zoned for R-7 and RG-2 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:
That a public hearing be held in City Hall on December 4, 1989 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-7 and RG-2 to C-PO that property located at 18 Greenhill Avenue, owned by Modern Maturity Center.
1. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: October 23, 1989
MCCK, Limited Partnership, - SE Corner of the Intersection of CR 100 (Dennys Road) and CR 104 (Kenton Road)
A request was received to rezone property located at the intersection of CR 100 (Dennys Road) and CR 104 (Kenton Road), owned by MCCK, Limited Partnership; James B. McClements; Fox Hall Plantation Co.; and G & K Arabian Farm, Inc.
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. Weyandt, 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 THP PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located on the southeast corner of the intersection of County Road 100 and County Road 104, are presently zoned for R-15 and SC-1 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 December 4, 1989 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-15 and SC-1 to RM-1 that property located on the southeast corner of the intersection of County Road 100 and County Road 104, owned by MCCK, L.P. ; James B. & Anne T. McClements; Fox Hall Plantation Co.; and G & K Arabian Farm, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: October 23, 1989
MONTHLY REPORTS - SEPTEMBER
By motion of Mr. VanSant, seconded by Mr. Weyandt, the following reports for the month of September were unanimously approved:
Chief Of Police Report
Building Inspector and Fire Marshall Report
City Assessor Report
City Alderman Report
J.P. Court #7 Report
City Manager Report
Water/Sewer Fund, Revenue & Budget Report
Internal Service Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
Questions were raised by Mr. Weyandt on the General Fund, Cash Receipts & Budget Report, concerning undercollection of certain fees. Each item was reviewed by Ms. Swain and answered accordingly.
Mrs. Legates moved for approval of the General Fund, Cash Receipts Report, seconded by Mr. Salters and unanimously carried.
CITY MANAGER'S REPORT - ROBBINS HOSE COMPANY SEMI-ANNUAL INSPECTION
By motion of Mr. VanSant, seconded by Mr. Weyandt, Council unanimously approved the report by the City Manager on the semi-annual inspection of the Robbins Hose Company.
PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON THE NORTH SIDE OF ROUTE #8 - VILLAGE BUILDERS
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 Village Builders.
The City Clerk reported that a letter was received from R. Brandon Jones, on behalf of Village Builders, requesting that their rezoning application be withdrawn.
Mr. VanSant moved for acceptance of the withdraw request, seconded by Mr. Hall and unanimously carried.
PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON EAST SIDE OF MIFFLIN ROAD - FIRST FLAG, INC.
A public hearing was duly advertised for this time and place to consider rezoning of property located on the east side of Mifflin Road, north of Hazlettville Road, owned by First Flag, Inc.
Planner's Review
The Planner reported that the owner requested rezoning of approximately 14.87 acres to RG-2 (General Residence) . The Planning Commission recommended modified approval of the request to rezone 5.04 acres east of the ditch from R-8 to RG-2, including the 60' parcel to be used as a forestry lane. This recommendation was made based upon the existing land uses and zoning in the general area, the Comprehensive Plan, and the mutual requests of the developer and nearby property owners. The change of this parcel will permit a continuation of the apartments currently under construction and is a logical extension of an existing RG-2 zoning district.
The modified approval does not represent a radical change of use or change the character of the existing neighborhood. The modified approval reflects the neighborhood’s concerns and parallels a compromise position.
Correspondence
The City Clerk reported that no correspondence was received on the proposed rezoning.
Public Hearing
Mayor Richter declared the hearing open.
Mr. Harry Rhodes, legal representative for First Flag, Inc., addressed members of Council on the proposed rezoning request. Mr. Rhodes informed Council that First Flag, Inc. is satisfied with the modified approval as recommended by the Planning Commission. The developers have met with surrounding property owners and the proposal meets with their approval.
Responding to questions. of Mr. Weyandt, Mr. Rhodes explained that the apartments will be accessed through the current Woodmill Apartments, noting that the proposal is an extension to the already developed Woodmill Apartments. Emergency access only will be permitted from Mifflin Road.
The Comprehensive Plan calls for this area to be used as open space and conservation area. Mr. Cregar stated that the Planning Commission attempted to provide protection of the existing mature woodlands, and maintain the integrity of the Comprehensive Plan by keeping much of the property open. The five acres proposed for development is actually an extension of the current apartments, and will serve as a medium intensity residential buffer from the industrial park. It was noted by Mr. Rhodes that the parcel is already platted for residential Use.
Reverend Jonathan Seda, President of the Mifflin Road Neighborhood Civic Association, Stated that his organization supports the proposed use of this land and urged Council's approval.
Mayor Richter declared the hearing closed.
Mr. VanSant moved for modified approval of a rezoning request by First Flag, Inc. that would rezone 5.64 acres of land east of the ditch from R-8 to RG-2, including the sixty foot parcel to be used as a forestry lane, as recommended by the Planning Commission. The motion was seconded by Mr. Weyandt and by a unanimous roll call vote (Mr. Lynn 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 MIFFLIN ROAD AND NORTH HAZLETTVILLE ROAD
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 R-8 to RG-2.
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 approving a modified request to rezone 5.64 acres of land east of the ditch from R-8 to RG-2, including the sixty foot parcel to be used as a forestry lane on that property located on Hazlettville Road, owned by First Flag, Inc.
ADOPTED: October 23, 1989
PUBLIC HEARING - REZONING OF PROPERTY LOCATED AT NE CORNER OF INTERSECTION OF INDEPENDENCE BLVD. AND ROUTE #8 - MILFORD LAND ASSOCIATES, INC.
A public hearing was duly advertised for this time and place to consider rezoning of property located at the northeast corner of the intersection of Independence Boulevard and Route #8, owned by Milford Land Associates, Inc.
The City Clerk reported that a letter was received from the owner requesting that the rezoning application be withdrawn.
Mrs. Legates moved for acceptance of the request for withdraw, seconded by Mr. Weyandt and unanimously carried.
PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON SOUTH SIDE OF HORSEPOND ROAD, OWNED BY CHARLES MCGUIRE
A public hearing was duly advertised for this time and place to consider rezoning of property located on the South side of Horsepond Road, owned by Charles McGuire.
Planner's Review
The Planning Commission recommended rezoning of this parcel from IPM to R-8, considering the existing land use and the Comprehensive Plan recommendation. The loss of the approximately one-half acre of industrially zoned land does not represent a threat to the proposed comprehensive land development, or this area. The proposed change to R-8 would not represent a change of character since adjacent land is currently zoned residential and the Comprehensive Plan recognizes this parcel as having residential potential.
Correspondence
The City Clerk reported that no correspondence was received on the proposed rezoning.
Public Hearing
Mayor Richter declared the hearing open.
There was no one present to speak for or against the proposed rezoning.
Mayor Richter declared the hearing closed.
Mr. Weyandt moved to approve the rezoning request in accordance with the recommendation of the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote (Mr. Lynn 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 SOUTH SIDE OF HORSEPOND ROAD
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 IPM to R-8.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
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 IPM to R-3 on that property, located on Horsepond Road, owned by Charles McGuire.
ADOPTED:October 23, 1989
PUBLIC HEARING - REZONING OF PROPERTY ON WEST SIDE OF MCKEE ROAD - JAMES F. MARSHALL
A public hearing was duly advertised for this time and place to consider rezoning of property located on the west side of McKee Road, owned by James F. Marshall.
Planner's Review
The Planning Commission recommended approval of the rezoning request from R-8 and C-IA to RM-1. This recommendation was made based upon existing land uses and the recommendation of the Comprehensive Plan which recommends low density residential use. The desire of the owner to develop the parcel into a retirement residential community with duplexes and single family lot-line dwellings is a good use of the land and would provide a residential setting not currently offered in the Dover area. With proper subdivision plan review, this community would have virtually no impact on the surrounding area and in addition would offer a housing variety not currently offered in the City.
Correspondence
The City Clerk reported that no correspondence was received on the proposed rezoning.
Public Hearing
Mayor Richter declared the hearing open.
Mr. Pete Brockstedt addressed Council on behalf of the owners of the property. The purpose of the rezoning request is not to alter the residential land use pattern of the Comprehensive Plan, but to work within the Plan at the various options available under the residential district regulations. The plan will allow houses to be clustered in a more dense setting, creating more open space. Under this concept of clustering the houses, they intend to create two areas for active community recreational. use, representing approximately 15% of the site. This type of housing will appeal to residents that prefer to own smaller lots with less maintenance requirements.
Mayor Richter declared the hearing closed.
Mr. Weyandt moved for approval of the rezoning request in accordance with the recommendation of the Planning Commission. The motion was seconded by Mr. Daisey and by a unanimous roll call vote (Mr. Lynn 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 WEST SIDE OF MCKEE ROAD
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 R-8 and C-1A to RM-1.
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 R-8 -and C-1A to RM-1 on that property located on the west side of McKee Road, owned by James F. Marshall.
ADOPTED: October 23, 1989
DOWNTOWN DOVER COMMITTEE REPORT
The Mayor and Council created the Downtown Development Committee on May 8, 1989 and charged it with studying and recommending specific ordinances for implementation in the revitalization of downtown. The final report was submitted and presented by Mr. Gary Patterson, chairman of the committee. (The full and detailed report, is on file in the Office of the City Clerk.) In order to Implement recommendations of the committee, it was suggested that Council enact an ordinance creating a Downtown Development Corporation and amend the Zoning Code to raise the building height limit in the central area (C-2 and C-2A) to ten stories by right, and higher under existing variance procedures. It is recommended, however, that the four-story height limits be considered in order to protect the visual character of the Historic District.
Mr. Patterson thanked all members of the committee and City staff for their efforts and contribution to the Committee. It is hoped by the committee that Council will accept the report, concurring with the recommendations set forth, and that the Solicitor be authorized to meet with the committee to prepare the necessary ordinances which will be presented to Council for final approval.
Mr. Hall expressed his opposition to the creation of a corporation that would be totally autonomous from the City of Dover. Mr. Patterson stated that the Committee feels there is merit in being autonomous, most especially in financial areas. Mr. VanSant clarified that the Committee is only requesting that the Solicitor be permitted to prepare the ordinances. Approval of the ordinances would be considered by Council at a later date.
Mr. Christiansen moved for acceptance of the Final Report by the Downtown Development Committee and to authorize the City Solicitor to prepare draft ordinances in accordance with the recommendations of the report for review by Council. The motion was seconded by Mr. VanSant and unanimously carried.
Mr. Weyandt moved to formally thank the members of the Downtown Development Committee for their hard work and diligence. The motion was seconded by Mr. Christiansen and unanimously carried.
RESULTS OF PUBLIC AUCTION - HUEBNER FARM
A public auction was held on October 20, 1989 for the purpose of selling a parcel of City owned land, containing 145.1 acres, known as The Huebner Farm. The City Assessor reported that the highest bid was submitted by Charles H. West Farms, Inc. in the amount of $2,025 per acre for a total purchase price of $293,827.50. The required 10% deposit has been made and the final settlement is to take place within sixty (60) days. Mr. Lucas expressed his appreciation to former Mayor Crawford Carroll for his expertise and guidance in setting up the auction and for acting as auctioneer.
Mr. Weyandt moved to accept the bid of $2,025 per acre for property known as the Huebner Farm, stipulating that the monies be placed in escrow until a decision is made on the proposed use of the funds. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Lynn absent).
PROPOSED RESOLUTION - REQUEST FOR FUNDS - DOVER PARKING AUTHORITY
A proposed resolution providing a loan to the Dover Parking Authority was read into the record by the City Clerk. Mrs. Legates moved for approval of the resolution, seconded by Mr. VanSant.
Mr. Hall voiced his objections to the proposed loan to the Dover Parking Authority. He stated that many citizens in the area are opposed to the construction of a parking lot in the Water Street area and he felt it would be a disservice to those citizens for the City of Dover to loan public money towards the efforts of the Dover Parking Authority. Referring to the autonomy of the Authority, Mr. Hall suggested that they be completely autonomous in funding the lot.
Mr. VanSant stated that the Parking Authority has demonstrated integrity for the history of Dover by incurring the additional costs of an archeological survey on the Water Street lot. He felt that the City should demonstrate this same integrity for Dover's historic past and future by approving a loan to fund the costs of the archeological survey.
On a call for the question on the motion, Council adopted the following Resolution by a roll call vote of five (5) yes, three (3) no (Mr. Hall, Mr. Daisey, and Mr. Christiansen) with Mr. Lynn absent.
WHEREAS, the Dover Parking Authority ("Authority") has requested a loan from the Dover City Council to help finance the unforeseen cost related to the Water Street Parking Lot ("The Project"); and
WHEREAS, the Dover City Council hereby approves a loan up to $35,000 to the "Authority" under the following conditions:
1. The amount will be used only for the Water Street parking lot project.
2. The “Authority” will first use its own earmarked funds to pay the bills of this "Project" and City funds will only be used if costs of the Project exceed these amounts.
3. The loan is structured on a "draw down" basis, and the "Authority" will draw the amounts only when the funds are requested.
4. The "Authority” will repay the loan in five annual installments; the first payment will be made by the “Authority” during the City's fiscal year 1990-91, and the "Authority" will make the annual payment to the City as early in the year as possible, but no later than June 30 of each year.
5. The loan is an interest-free loan.
ADOPTED: October 23, 1989
SAFETY ADVISORY COMMITTEE
The Safety Advisory Committee met on September 16, 1989 with Chairman Legates presiding.
Downtown Traffic Flow Study - Report by DelDOT
The committee reviewed a study on the Downtown traffic flow, as submitted by the Delaware Department of Transportation. Mr. Larry Klepner advised the committee that a long-range planning study has just been initiated for Dover and its environs, which could be completed by the summer of 1991. Short-term recommendations included intersection improvements, center turning lanes, signal modifications, etc. which could begin in February 1990.
The committee recommended that the Chief of Police, City Planner, and Electric Director determine which traffic patterns are desired in the downtown area and meet with DelDOT to formulate a plan for a recommendation to the Safety Advisory Committee.
Mr. Legates moved for approval of the committee's recommendation, seconded by Mr. Daisey and unanimously carried.
Parking Regulations - Downtown Dover.
A letter from the Central Dover Business Association suggested changes in the parking restrictions in the downtown area. The CDBA suggested a reduction in the two hour parking limit on Loockerman Street, an increase in the two hour parking limit on the Bradford Street lot, installation of directional signs to public parking, and allowing a left turn at Bradford Street from Loockerman Street. The suggestions were referred to the Dover Parking Authority and the Chief of Police for their review and recommendations.
The committee recommended acceptance of the recommendations of the Chief of Police, as follows:
1. The left turn at Bradford Street from eastbound Loockerman Street is not effective traffic management. The resulting backup would affect all intersections west of Bradford Street and Loockerman Street. The proposal to create a third lane for straight through traffic at this intersection is impractical and would create traffic turning movement at an increased speed in a crowded pedestrian area.
2. To reduce the parking from a two hour to a one hour limit presents a problem of enforcement. The meter maid cannot effectively cover the necessary areas and return in one hour to take enforcement action.
3. Signs designating the parking areas should be posted with an appropriate direction. This should be helpful in eliminating the “hunt to park” traffic circling a block.
Mrs. Legates moved for approval of the committee's recommendation, seconded by Mr. Salters and unanimously carried.
By motion of Mr. Christiansen, seconded by Mr. Daisey, the Safety Advisory Committee Report was unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on September 26, 1989 with Chairman Legates presiding.
Silver Lake Study - Phase II
In conjunction with Phase II of the Silver Lake Study, prepared by F. X. Browne Associates, the Silver Lake Commission made the following recommendations:
(1) Contact Ralph Timmons (TUSDA District Soil Conservation Service) to enlist his assistance in identifying problem areas in the Silver Lake Watershed for future implementation of Agriculture Best Management Practices.
(2) Begin to prepare request for grants from the EPA and the State of Delaware to fund improvements to the Lake/Watershed.
(3) Request that DNREC and the Kent County Conservation District vigorously implement existing regulations regarding Erosion and Sediment Control in Kent County, particularly, areas that affect Silver Lake.
(4) Request the City of Dover and Kent County to develop ordinances, statutes, and manuals regarding Storm Water Management.
(5) Designate the far northern area of Silver Lake as a Wildlife refuge and that boating be restricted to "no wake" speeds.
(6)Take steps to stabilize the erosion of the shoreline in areas where significant problems exist.
(7)Begin an immediate study to start to determine the cost, effectiveness, and feasibility of installing a water circulation system for either the entire lake or the swimming area.
(8) Continue exploring the location of possible spoils sites for dredging of the lake should funding be available.
The committee recommended endorsement of the implementation of Phase II of the Silver Lake Restoration by permitting the Silver Lake Commission to pursue the above listed items, with the City staff's assistance. The committee also recommended that staff pursue the feasibility of a community swimming pool for review by the committee.
Mrs. Legates moved for approval of the committee’s recommendation, seconded by Mr. Christiansen and unanimously carried.
Miscellaneous Items
The committee has reviewed a request of the Silver Lake Commission to amend the boating regulations to allow inboard boats to operate on Silver Lake. The request has been withdrawn by the Silver Lake Commission and the Parks and Recreation Committee took no further action on the matter.
Suggestions for improvements to Silver Lake, submitted by the St. Jones River Watershed Association have been considered by the committee. Some of the improvements. have been handled by staff. The committee will review other suggestions of the Association at a later date.
Mrs. Legates moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. VanSant and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on September 26, 1989 with Chairman Weyandt presiding.
Request for Waiver from Impact Fee - The Shepherd Place
A request for waiver from the City's wastewater impact fee from The Shepherd Place, a non-profit- organization, was considered by the committee.
After thorough discussion, the committee recommended denial of the request, stipulating that the Finance Department meet with The Shepherd Place Board of Directors to devise an acceptable payment plan that would allow payment that is affordable to the organization.
Mr. Hall alluded to a contribution by the County to The Shepherd Place, stating that although the organization is located outside the City limits, it will serve needy residents of the City. He suggested that the fee be forgiven or that a comparable donation be made to The Shepherd Place to cover the amount of the fee. Mr. Christiansen reminded members of Council that the City has strongly supported the Ruth N. Dorsey Shelter that is located within the City limits. Mayor Richter stated that the funds donated by the County are actually passthrough funds received from a higher government authority.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Salters and unanimously carried.
Request for Reimbursement of Property Damages - John G. Davis
The committee considered a request by John G. Davis for reimbursement of $543.21 in damages to a building resulting from forced entry into the structure by the City of Dover Police Department.
During discussions with the committee, Mr. Davis withdrew his request and asked that no further action be taken.
Dover Arts Council - Creation of Ordinance
In considering a request from the Dover Arts Council to create the Council by ordinance rather than by resolution, the committee recommended denial of the request based upon input by the Solicitor. No further action was taken on the request.
Dover Arts Council - Proposed Use of Capitol Theatre
The Dover Arts Council requested that the City sublease the Capitol Theater from Fox Theatres for the duration of Fox's lease, which is approximately 10 years, at a cost of $1.00 per year. Under the terms of the sublease, the City would not be responsible for major capital repairs to the building structure, but would be responsible for repairs/replacement of the heating and plumbing system. The Dover Arts Council suggested additional proposals, based upon approval of the sublease.
The committee recommended that staff be authorized to begin dialogue with Fox Theatres to prepare, for Council approval, a five to ten year lease for the Capitol Theatre. Detailed information on the proposal will be submitted to the Legislative and Finance Committee for continued review.
Update by Planner - Demolition of The Ritz Property
The City Planner informed the committee that expenses for demolition of property known as The Ritz, totaling $9,100, have not been paid by the owner. The unpaid bill has been turned over to the Solicitor for legal advice on collection.
Discussion on Concept of Full-Time Mayor
At the direction of Council, the City Solicitor submitted draft legislation that would be necessary to change the City Charter and Code to implement the concept of a full-time Mayor in conjunction with a new organizational chart. The committee discussed the proposed legislation in detail with many members of Council feeling that public meetings should be scheduled to afford an opportunity for input from the citizens of Dover.
The committee recommended that the proposed legislation be presented to Council for consideration.
Mr. Weyandt noted that one public hearing has been held on the proposal for a full-time Mayor.
Mr. Hall moved that the matter be tabled for further discussion at a later date, seconded by Mr. VanSant and unanimously carried.
Mr. Christiansen moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Salters and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on October 10, 1989 with Chairman VanSant presiding.
Concerns of Coal Fired Electric Generator - Rick Latourette
For the record, Mr. VanSant explained that Mr. Latourette was unable to attend a Utility Committee meeting. Mr. Vansant has met with Mr. Latourette and addressed some of his concerns on a coal fired electric generator. Additionally, Mr. French has corresponded with Mr. Latourette on the issue.
Vondaway Drive - Sanitary Sewer Project
City staff has attempted to develop a project to provide water, sanitary sewer, and a paved street to residents of Vondaway Drive. Attempts at alternative plans have been successful and staff recommended that the City proceed with the project, with property owners being assessed for 100% of the project costs, at a front foot charge of $95.09 per front foot.
Questions were asked by members of the committee on the ability of the City to require a property owner to grant a right-of-way to the City which would considerably reduce the project cost. The committee delayed action on the project to allow Staff an opportunity to pursue the alternative, stipulating that a report be submitted to the committee in November.
White Oak Farm - Pumping Station - Request for Improvement
Residents in the area of the White Oak Farms Pumping Station have requested that the City upgrade the pump Station to protect against flooding during an electrical outage, and to provide sufficient pumping capability for the proposed deve