Regular City Council Meeting
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Sep 11, 1989 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on September 11, 1989 at 7:30 p.m. with Mayor Richter presiding. Members present were Councilmen Hall, Daisey, Legates, Lynn, Christiansen, Levitt, Salters and Weyandt. Mr. VanSant was absent.

Council staff members present were Chief Hutchison, Mr. Lucas, Ms. Swain, Mr. Cregar, and Mrs. Boaman.

The invocation was given by Pastor Yvonne C. Brunson, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mayor Richter announced that Kent County EMS is sponsoring a forum on the paramedics issue which will be held at the Camden-Wyoming Fire House on September 14th at 7:30 p.m. He also announced that a public meeting, to discuss the recreational needs of at-risk youth, has been scheduled for October 4th at 7:30 p.m. in the auditorium of William Henry Middle School. Everyone is invited to attend and participate in the discussions.

Mr. Weyandt moved for approval of the agenda, seconded by Mrs. Legates and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 28, 1989

The Minutes of the Regular Council Meeting of August 28, 1989 were unanimously approved by motion of Mr. Christiansen, seconded by Mr. Hall and bore the written approval of Mayor Richter.

REZONING REQUEST - EAST SIDE OF ROUTE #13 - JOHN HUNN BROWN

A request was received to rezone property located on the east side of U.S. Route #13, owned by John Hunn Brown.

Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.

By motion of Mrs. Legates, 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 east side of U.S. Route 13, containing 142 +/- acres, are presently zoned for C-4 and 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 November 13, 1989 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from C-4 and R-8 to RC and C-PO that property located on the east side of U.S. Route 13, owned by John H. Brown.

2.         That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED:    September 11, 1989

Councilman Christiansen expressed his hope that the developers will inform the public that the civic center project has been undertaken by private enterprise and that the developers will work with adjacent property owners regarding their concerns so that problems can be solved prior to the date of the rezoning public hearing.

RESOLUTION - CONSTITUTION WEEK

By motion of Mrs. Legates, seconded by Mr. Christiansen, Council unanimously adopted the following Resolution:

WHEREAS, Our Founding Fathers, in order to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States of America; and

WHEREAS, it is of the greatest import that all citizens fully understand the provisions and principles contained in the Constitution in order to support it, preserve it, and defend it against encroachment; and

WHEREAS, the two hundredth and second anniversary of the signing of the Constitution provides an historic opportunity for all Americans to learn about and recall achievements of our Founders, and to reflect on the rights and privileges of citizenship, as well as its attendant responsibilities; and

WHEREAS, the independence guaranteed to the American people by the Constitution should be celebrated by appropriate ceremonies and activities during Constitution Week, September 17th through 23rd, as designated by proclamation of the President of the United States of America in accordance with Public Law 915; and

WHEREAS, in ringing tribute to the Constitution, bells throughout the City of Dover and the Nation will be rung for 200 seconds beginning at 4:00 p.m. on the afternoon of September 17th.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1.         The Mayor and Council hereby designate the week of September 17-23, 1989, as Constitution Week in the City of Dover and urge all citizens to pay special attention during the week to our Federal Constitution and the advantage of American citizenship.

2.         The Mayor and Council urge all churches, other institutions, and individuals who have bells to arrange that they be rung for 200 seconds beginning at 4:00 p.m. on the afternoon of September 17th; service clubs and other organizations are also urged to include appropriate ceremonies in celebration of the Constitution in their programs during the week of September 17th.

3.         The Mayor and Council direct the City Clerk to make this resolution a part of the permanent records of the City of Dover.

ADOPTED:    September 11, 1989

PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING - MIKE C. KARIA

Mayor Richter presented to Mike Karia a Certificate of Achievement for Excellence in Financial Reporting, which was presented to the City of Dover for its Comprehensive Annual Financial Report for fiscal year 1988. The award is presented by the Government Finance Officers Association.

Mr. Karia accepted the award on behalf of the employees of the Finance Department. Mayor Richter and members of Council commended Mr. Karia and his staff on their excellent performance.

CORRESPONDENCE

Request for Curbing Around Oval at Entrance to Fox Hall - John Koutoufaris

A letter was received from Mr. John Koutoufaris requesting that curbing be installed around the oval at the entrance to Fox Hall. Once this is accomplished, Mr. Koutoufaris and his neighbors offered to plant flowers and maintain the area so that it is aesthetically attractive to the neighborhood.

Mrs. Swain reported that staff is currently obtaining cost estimates for the requested curbing. Mr. Christiansen moved for referral to the Utility Committee, seconded by Mr. Weyandt and unanimously carried.

Request for Waiver of Ordinance - Installation of Wells - Delaware Agricultural Museum

The Delaware Agricultural Museum requested permission to drill two wells on the grounds of the Museum to be used for demonstration purposes. Both wells would be supplied with hand pumps and would be clearly labeled "DO NOT DRINK THIS WATER". The Museum's request was denied by the City in accordance with Sec. 22188 of the City Code. The Museum requested that Council waive the ordinance to permit the two requested wells.

Approval has been received from the Department of Health for the demonstration wells, under the following conditions:

1.         A locking device be placed on the pump so that it cannot be used except when under proper supervision.

2.Signs be posted, which indicate that the water is not to be used for human consumption.

Mr. Lynn moved to waive the Sec. 22-188 of the City Code to allow the Delaware Agricultural Museum to drill two wells on the grounds of the museum, to be used for demonstration purposes, in accordance with the stipulations set forth by the State of Delaware, Department of Health. The motion was seconded by Mr. Levitt and carried by a unanimous roll call vote (Mr. VanSant absent).

Mr. Weyandt moved to adjourn into open forum and then into executive session to discuss personnel matters, seconded by Mr. Daisey and unanimously carried.

Meeting Adjourned at 7:45 P.M.

OPEN FORUM

Mayor Richter declared the open forum in session and reminded those present that Council is not in official session and cannot take formal action.

William Wojtkiewicz - Stop Signs on Lotus Street

A petition, containing 38 affirmative signatures, was submitted to Mayor and Council by Mr. William Wojtkiewicz requesting the installation of stop signs on Lotus Street at the intersections of Park Avenue and Orchard Avenue.

Mr. Wojtkiewicz informed Council that vehicles utilizing Lotus Street travel at excessive speeds and that residents fear that someone will be seriously injured. Lotus Street seems to be used as a connector road between Route #13 and State Street. It was noted that many young children utilize Lotus Street en route to school, with a survey indicating a total of 50 students crossing Lotus Street, as well as 52 children that utilize the YMCA summer camp program which is in close proximity to Lotus Street. Although the Police Department has set up radar and many arrests have been made, vehicles continue to violate the speed limit.

Mayor Richter explained that Council cannot take action during the open forum, but assured Mr. Wojtkiewicz that City staff will follow up on the complaint.

Walter J. Zettlemoyer - Expansion of County Sewer System

Regarding the Kent County Sewer Expansion Plan, Mr. Zettlemoyer expressed areas of concern that he felt the City of Dover should consider. The County is currently looking at a 20 year project to update its sewer facility and includes consideration of a lime stabilization system and an oxyozonation system offered by Synox Company. Mr. Zettlemoyer stated that he has asked numerous questions of the County on the systems and has never received satisfactory answers. The cost of the Synox system is estimated at $3.7 million which does not include the cost of a building to house the system which is estimated at $1 million, or the cost of a facility to house the hazardous chemicals. The lime stabilization system will cost approximately $800,000. Should the County choose the Synox system, it could result in a substantial increase in sewer bills and Mr. Zettlemoyer felt it would be an injustice to the users for the County to even consider this system. Realizing that some of the costs would be borne by City of Dover residents, Mr. Zettlemoyer requested that members of Council review the material he submitted so that the City can address the issue with Kent County Levy Court.

Meeting Adjourned at 7:55 P.M.

                                                                                    DEBRA J. BOAMAN

                                                                                    CITY CLERK

All orders, ordinances and resolutions adopted by City Council during their meeting of September 11, 1989, are hereby approved.

                                                                                    JOHN E. RICHTER

                                                                                    MAYOR

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