REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 14, 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, Mrs. Boaman and Mr. Rodriguez.
The Regular Council Meeting was disrupted by Electric Department employees who were present requesting Council's help in obtaining a fair employee contract. Mr. Weyandt moved to recess into executive session to discuss personnel matters, seconded by Mr. Salters and unanimously carried.
Council reconvened into regular session and Mayor Richter announced that future obstructions of this nature could not be tolerated. The Chief of Police will take the necessary steps to remove from the Chambers anyone that disrupts business from being conducted at a Council meeting.
The invocation was given by Pastor Doreina C. Miles, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mayor Richter requested that Consent Agenda item #3A be moved to the Regular Agenda. Mayor Richter requested an addition to the agenda for an update by the Planner on Liberty Center.
Mrs. Legates moved for approval of the agenda as amended, seconded by Mr. Levitt and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 24, 1989
The Minutes of the Regular Council Meeting of July 24, 1989 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Daisey and bore the written approval of Mayor Richter.
ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF AUGUST 7, 1989
The Minutes of the Quarterly Open Town Meeting of August 7, 1989 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Daisey.
REZONING REQUESTS
North Side of Route #8 - Village Builders
A request was received to rezone property located on the north side of Route #8, owned by Village Builders.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Weyandt, seconded by Mr. Daisey, 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 north side of Route 8, 150 feet east of Stoney Drive, containing approximately 8.7974 +/- acres, 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 October 9, 1989 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-8 to RG-2 that property located on Route 8/Hartly Road, owned by Village Builders.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: August 14, 1989
East Side of Mifflin Road, North of Hazlettville Road - First Flag, Inc.
A request was received to rezone property located on the east side of Mifflin Road, north of Hazlettville Road, owned by First Flag, Inc.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Weyandt, seconded by Mr. Daisey, 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 Mifflin Road and north of Hazlettville Road, containing approximately 14.87+/- acres, 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 October 9, 1989 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-8 to RG-2 that property located on Hazlettville Road, owned by First Flag, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: August 14, 1989
Independence Blvd. and Route #8 - Milford
A request was received to rezone property located on the northeast corner of intersection at Independence Blvd. and Route #8, owned by Milford Land Associates, Inc.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Weyandt, seconded by Mr. Daisey, 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 the north east 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 October 9, 1989 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RG-0 to C-4 that property located on Independence Boulevard and Route 8, owned by Milford Land Associates, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: August 14, 1989
South Side of Horsepond Road - Charles McGuire
A request was received to rezone property located on the south side of Horsepond Road, owned by Charles McGuire.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Weyandt, seconded by Mr. Daisey, 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 south side of Horsepond Road, approximately 1200 +/- feet west of Janes Road, containing 0.44498 +/- acres, are presently zoned for IPM use; and
Northeast Corner of Intersection at Independence Blvd. and Route #8 - Milford Land Associates, Inc.
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 October 9, 1989 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from IPM to R-8 that property located on Horsepond Road, owned by Charles McGuire.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: August 14, 1989
West Side of McKee Road - James F. Marshall
A request was received to rezone property located on the west side of McKee Road, owned by James F. Marshall.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Weyandt, seconded by Mr. Daisey, 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 McKee Road, 2,200 +/- feet north of the intersection of College and McKee Roads, containing approximately 10.745 +/- acres, are presently zoned for R-8 and C-IA 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 October 9, 1989 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-8 and C-1A to RM-1 that property located west side of McKee Road, owned by James F. Marshall.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: August 14, 1989
PRESENTATION OF PROCLAMATION - MAYOR'S SALUTE TO STUDENTS DAY
The following Proclamation was read into the record by the City Clerk:
WHEREAS, the need for well-educated citizens grows more pronounced as society in general and the work world in particular become more complex; and
WHEREAS, the citizens and leaders of our community recognize the importance of our local students and salute their efforts and commitment to obtaining an education which will enable them to be the most they can be; and
WHEREAS, it is fitting and appropriate that the citizens of Dover recognize the high school's vital contribution to the area by providing outstanding education to our young people; and
WHEREAS, in honor of our students, public attention will focus upon the importance of an education and the commitment made by every high school student; and
WHEREAS, invitations have been extended to all high schools in Delaware encouraging their participation in "The Mayor's Salute to Students Day"; and
WHEREAS, several high schools will participate in the event by representation of bands and student groups, and police agencies plan participation wit-h cars, motorcycles and mounted patrols.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DO HEREBY PROCLAIM SEPTEMBER 9, 1989 AS "THE MAYOR'S SALUTE TO STUDENTS DAY" and urge all citizens to join me in saluting our students for their efforts in obtaining the best education possible and their commitment for excellence on behalf of their community, their families, and themselves.
Mayor Richter presented the Proclamation to Dr. Ed Goate' , Superintendent of the Capital School District, and to Dr. William Bach, Superintendent of the Caesar Rodney School District. Mayor Richter explained that the Police Department will be organizing events relating to the Mayor's Salute to Students Day and invited Dr. Goate’ and Dr. Bach to contact Chief Hutchison to coordinate all activities.
Chief Hutchison stated that planned activities include a parade beginning at 10:00 a.m. at the City of Dover Police Department. Many high schools and police agencies will participate in the event.
APPOINTMENT - BOARD OF ADJUSTMENTS - RUTH MORRIS
Mayor Richter submitted the name of Ruth Morris for reappointment to the Board of Adjustments for a three-year term, to expire in July 1992.
Mrs. Legates moved for confirmation of the reappointment of Ruth Morris to the Board of Adjustments, seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. VanSant absent).
PUBLIC HEARING - ABANDONMENT OF ALLEY LOCATED BEHIND PROPERTIES ON WALKER ROAD, OWNED BY ED BITER AND CHARLES J'ANTHONY
A public hearing was duly advertised for this time and place to consider abandonment of an alley that runs behind properties of Ed Biter and Charles J'Anthony at 320 and 314 Walker Road.
The Utility Committee, during a meeting of July 11, 1989, recommended abandonment of the unimproved alley with the property being conveyed equally to all adjacent property owners, who will bear the expense for costs of conveyance, stipulating that the City will obtain a utility easement for the entire length and width of the alley. The Planning Commission recommended abandonment of the alley in accordance with City policy.
Mayor Richter declared the public hearing open.
There was no one present to speak for or against abandonment of the alley. Mayor Richter declared the hearing closed.
By motion of Mr. Lynn, seconded by Mr. Levitt, Council approved the request for abandonment of the alley and adopted the following resolution by a unanimous roll call vote (Mr. VanSant absent).
A RESOLUTION VACATING AND ABANDONING A CERTAIN ALLEY SITUATED IN THE CITY OF DOVER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 1. The Council of the City of Dover hereby vacates and abandons the following alley:
ALL that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, a public alley running east to west, lying on the southerly side of Walker Road between Fairview Avenue and the alley parallel to Fairview Avenue, being 10 feet wide and approximately 142.5 feet in length; comprising 1425 square feet, more or less.
Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid alley, no compensation is awarded.
Section 3. The City shall retain a utility easement for the entire length and width of the aforesaid alley and all costs of conveyance shall be borne by the property owners.
Section 4. This resolution shall be effective upon the filing of a revised plot plan of the aforesaid alley.
ADOPTED: August 14, 1989
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on July 25, 1989 with Chairman Legates presiding.
Request for Removal of Elm Tree - Steven Schwartz - 338 N. State Street
The committee considered a request from Steven Schwartz of 338 N. State Street for the City to remove the American Elm tree located in front of his home. In conjunction with the Sidewalk Repair Program, the City has required repair to the sidewalk in front of 338 N. State Street. Mr. and Mrs. Schwartz informed the committee that the tree is diseased and they feel it would be drastically damaged if the roots are properly trimmed to replace the sidewalk correctly.
Three independent opinions on the condition of the tree were obtained. All three agreed that the tree has a slime flux condition, but do not agree on the effect that the slime flux has on the condition of the tree. Two of the three opinions sought felt that the slime flux does not warrant removal of the tree.
In light of the City's policy on tree removal, the committee recommended that the request be denied and that the City continue maintenance of the tree.
Mrs. Legates moved for approval of the committee's recommendation to deny the request for removal of the tree and that the City continue maintenance of the tree. The motion was seconded by Mr. Salters and unanimously carried.
Objections to Removal of Maple Tree - Gerald Charles - 405 N. Governors Avenue
As a result of the City's Sidewalk Replacement Program, a healthy Norway Maple tree, located at 405 N. Governors Avenue, was slated to be removed to allow for proper repairs to the sidewalk. The tree contains large, elevated roots which extend well beyond the sidewalk area and into the yard, which eliminates the possibility of arcing the sidewalk around the root system. An alternative was considered where the sidewalk could be sloped or ramped above the existing root system, although the Public Works Department did not favor the proposal. The Code requires a 12' run for each one foot rise. In order to accomplish this, several feet of otherwise good sidewalk would need to be replaced which would involve the sidewalk in front of another property owner.
Mr. Charles reported that his contractor has quoted a fee based upon the tree remaining intact, with the sidewalk arced around the tree. The committee agreed to defer action on the removal of the tree to afford the owner and City staff an opportunity to review the situation and to devise a solution to the problem, including input from the adjacent property owner. Staff will report their findings to the committee at the next meeting.
Request for Silver Lake to Remain Oven until September 22, 1989
Action was taken by Council to close Silver Lake on September 15, 1989. The committee considered a request from Michael Holt to postpone the closing of the lake until September 22nd, which is the end of the summer season.
Staff recommended that the request be denied, since First State Crane, the contractor performing the repairs to the dam, are concerned that moving up the closing date could result in encountering inclement weather. The epoxy material which will be used requires an ambient temperature of 60 degrees to successfully function. The committee, therefore, recommended denial of the request.
Mrs. Legates moved for approval of the committee's recommendation to deny the request for later closing of the lake, seconded by Mr. Salters and unanimously carried.
Silver Lake Jogging Trail - St. Jones River Watershed Association
The committee considered a letter from Mr. Paul Scotton, President of the St. Jones River Watershed Association. Mr. Scotton expressed concern with bicycle riders utilizing the walking/jogging trail along Silver Lake, feeling that such use is hazardous to other persons using the trail. The St. Jones River Watershed Association also suggested minor maintenance such as removal of limbs from streams, removal of poison ivy, leaves and debris in the ditch on the south side of Park Drive, and the removal of spatter dock before next spring. The Association further recommended that a Canoe Trail be established along the Park Drive area, with a small ramp established near the elevated bridge. The Association offered to work with the City to establish such a Canoe Trail.
City staff reported that much of the minor maintenance is currently being taken care of by the Grounds Department. Removal of the spatter dock may be a problem for City staff as it takes specialized equipment to handle such a job. Mr. Knox suggested that this item be included in a future Capital Improvement Plan.
The committee recommended that the Association's suggestions be referred to staff and the Silver Lake Commission for their review and recommendations. The Parks and Recreation Committee will review the matter again after review by the Silver Lake Commission.
Mrs. Legates moved for acceptance of the Parks and Recreation Committee Report as submitted, seconded by Mr. Salters and unanimously carried.
SPECIAL PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee held a special committee meeting on August 1, 1989 with Mrs. Legates presiding.
Detailed Review of Condition of Bradford Street Sycamore Tree
A special meeting was held to review the circumstances that led to the decision of City staff to remove the Sycamore Tree located at 421 N. Bradford Street, in front of property owned by Mr. David Campana, following Council's decision for the tree to remain.
Staff explained that a large root mass was not discovered until the sidewalk panel was removed. An original recommendation to bow the sidewalk around the root system became impossible once the large root mass was discovered. Upon discovering the large root mass, Mr. Campana was instructed to await a decision by the City. Since the City permits homeowners to make the necessary sidewalk repairs themselves or to hire a private contractor to make such repairs, Mr. Campana chose to have the root mass removed so that he could install a level sidewalk. Once the root mass was removed from the tree, it became necessary to remove the entire tree since it could no longer anchor itself properly and created a safety hazard.
The committee has referred all pertinent facts to the City Solicitor for a recommendation.
Mrs. Legates moved for acceptance of the report as submitted, seconded by Mr. Salters and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on July 25, 1989 with Mrs. Legates presiding.
Designation of Walkway/Bikeway - Washington Street
The committee reviewed previous action on the designation of a walkway/bikeway on Washington Street. In reviewing concerns of Mrs. Mary Briefman, the committee had suggested that parking be eliminated on one side of Washington Street and that a walkway/bikeway path be designated. Upon further review by Council, questions were raised as to which side of the street would be designated and the length and time the parking prohibition would be in effect.
Chief Hutchison stated the department's hesitancy in making such major changes as a result of only one complaint. He suggested that the Police Department be given an opportunity to assess the problem in further detail before any action is taken.
The committee recommended that no further action be taken at this time.
Concerns of Flashing Red Lights - Intersection of Loockerman and State Streets
A concern with flashing red lights was presented by Mrs. Betty Tomlinson of 543 S. State Street. Mrs. Tomlinson was specifically concerned with the flashing red light at the intersection of State and Loockerman Streets, citing two recent incidents where her vehicle was struck in the rear due to other motorists failing to stop at the flashing red light. Also, overgrown shrubbery at this intersection makes it very difficult to see oncoming vehicles.
Chief Hutchison reported that Council instituted flashing red and yellow lights at certain intersections, from 2:00 a.m. to 6:00 a.m., several years ago. He felt that the change has proven to be very effective since there is very little traffic during these hours. Accidents that have occurred are a result of inattentive or negligent drivers, not a result of the traffic signalization.
Chief Hutchison assured Mrs. Tomlinson that he would contact the proper City department to have the overgrown shrubbery cut back at the intersection of State and Loockerman Streets.
The committee took no further action on the matter.
Mrs. Legates moved for acceptance of the Safety Advisory Committee Report as submitted, seconded by Mr. Salters and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on August 8, 1989 with Chairman Weyandt presiding.
Budget Variance Report
A budget variance report was submitted by the Finance Director as directed by Council. The report depicts departmental overruns and interdepartmental transfers that were made by the City Manager under authority granted by budget ordinances.
The committee reviewed each of the items, with the exception of the expenditure for additional truck repairs, totaling $57,000. Staff will compile all data and will submit detailed information to the committee for their review.
Discussions were held concerning the City Manager's authority to make interdepartmental transfers, with a proposal made to eliminate such authority. The committee tabled action on the proposal, noting that the City Manager will submit informational reports to Council in explanation of such transfers.
Recommendation for Use of State Grant - Drug Fund
The City of Dover Police Department will receive $81,541.67 from a State Grant Drug Fund. The grant monies must be used for drug enforcement.
The Police Department had previously requested the hiring of additional officers from next year's budget. Chief Hutchison requested permission to utilize the drug fund monies to immediately hire two additional officers at a cost of $32,932 per officer. The balance of the money could be utilized to purchase drug equipment. If approved, the City would assume responsibility for the two officers in July 1990. This action would immediately raise the Department's authorized strength to 70 sworn officers.
The committee recommended approval of the request as submitted by Chief Hutchison.
Mr. Weyandt moved to approve the request of the Police Chief to utilize the State Grant Drug Fund for the purchase of drug equipment and to immediately hire two police officers, thereby raising the Department's authorized strength to 70 sworn officers. The motion was seconded by Mr. Daisey and carried by a unanimous roll call vote (Mr. VanSant absent).
Huebner Farm Auction
As directed by Council, the City Assessor has proceeded towards holding a public auction for City owned lands located on the east side of Route #9, known as The Huebner Farm. In reviewing the Conditions of Sale, the committee recommended that the proposed auction date be extended to October 14, 1989, and that the Assessor be authorized to proceed with the auction of The Huebner Farm under the provisions of the Condition of Sale.
Since the date of the committee meeting, Mr. Weyandt stated that the auctioneer has suggested that the sale be held on Friday, October 20, 1989 at 11:00 a.m. Also, it has been suggested that the City require only 10% down-payment on the day of sale rather than the suggested down-payment of 30%.
Mr. Weyandt moved to authorize the Assessor to proceed with the public auction of The Huebner Farm in accordance with the provisions of the Conditions of Sale stipulating that the date of auction be scheduled for October 20, 1989 and that a 10% deposit be required on the day of sale. The motion was seconded by Mr. Lynn and unanimously carried.
Mr. Weyandt moved to authorize the Assessor to make payment in the amount of $500 for the appraisal on The Huebner Farm, seconded by Mr. Daisey and unanimously carried.
Property Assessment Revaluation
The City made a commitment in the past to keep the tax base as equitable as possible with in-house evaluations on a timely basis. The last revaluation was performed in 1987. The County intends to do a revaluation next year and the committee felt that the City should not undertake such a project at the same time as the County.
The City Assessor recommended that the City proceed with an in-house property assessment evaluation, in accordance with the following schedule:
September 1989 through January 1990 -
prepare new values
February 1, 1990 -
values to City Council for review and acceptance
March 1, 1990 -
notice of new values sent to property owners
March 1, 1990 through April 30, 1990 -
informal appeals
Mid May 1990 -
formal appeals
The committee recommended that the Assessor be authorized to proceed with the proposed property assessment revaluation in accordance with the proposed schedule.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Christiansen and unanimously carried.
Mr. Weyandt informed Council that a new policy requires that all appeals must be submitted in writing to the City Assessor.
Proposed Resolution - S.B. No. 110
The committee recommended approval of a proposed Resolution supporting S.B. No. 110, as read into the record by the City Clerk. The bill allocates 25% of the realty transfer tax to the Delaware Land and Water Conservation Trust Fund, providing $7,000,000 annually for ten years for State land acquisitions, and the balance is deposited to the trust fund corpus for a maximum of ten years or $50,000,000, with the interest to be used for land acquisition and development by county, municipal or local agencies.
By motion of Mr. Weyandt, seconded by Mrs. Legates, Council adopted the following Resolution by a unanimous roll call vote (Mr. VanSant absent):
WHEREAS, legislation has been introduced to provide a reliable source of funding for the Delaware Land and Water Conservation Trust Fund over the next ten years; and
WHEREAS, this legislation, known as S.B. No. 110, would allocate 25% of the Realty Transfer Tax to the Delaware Land and Water Conservation Trust Fund, providing $7,000,000 annually for ten years for State land acquisitions, and the balance deposited to the trust fund corpus for a maximum of ten years or $50,000,000, with the interest to be used for land acquisitions and development by county, municipal or local agencies; and
WHEREAS, such guaranteed funding will enable the Fund to better manage its assets and eventually use only interest from the Fund to acquire land to be used for wildlife preserves, wetlands, state forests and game lands, greenspace, and parks and recreational areas; and
WHEREAS, it is imperative that realistic and consistent funding be obtained towards acquisition of land for preserves, greenways, recreational areas, and unique natural areas.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council deem it essential to provide a reliable source of funding for the Delaware Land and Water Conservation Trust Fund, and strongly urge passage of S.B. No. 110 as a step toward preserving and protecting Delaware's natural resources for the future.
2. The Mayor and Council hereby direct the City Clerk to furnish copies of this Resolution to Governor Michael Castle and members of the General Assembly to establish support by the City of Dover for the passage of S.B. No. 110.
ADOPTED: August 14, 1989
Quarterly Uncollectibles Reports
The committee recommended the write-off of uncollectible ambulance bills, totaling $4,144 and the write-off of uncollectible electric bills, totaling $5,265.83.
Mr. Weyandt moved for approval of the write-offs as recommended by the committee, seconded by Mr. Lynn and unanimously carried.
Action on parking fines was delayed by the committee to afford time for Police Department personnel to work with the new computerized system.
Mr. Weyandt moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Christiansen and unanimously carried.
CORRESPONDENCE
Dover Arts Council Proposal for Use of Capitol Theatre
A proposed use of the Capitol Theatre was submitted to the City by the Dover Arts Council for consideration.
Mrs. Legates moved for referral to the Legislative and Finance Committee, seconded by Mr. Christiansen and unanimously carried.
Dover Arts Council -.Request for Passage of Ordinance Rather than Resolution to Establish the Arts Council
On behalf of the Dover Arts Council, Ms. Paula Lehrer requested that the City consider establishing the Dover Arts Council by ordinance rather than by Resolution. It is felt that such action would assist them in obtaining funding and grants for the Dover Arts Council.
Mrs. Legates moved for referral to the Legislative and Finance Committee, seconded by Mr. Christiansen and unanimously carried.
Request for Waiver from Impact Fee - The Shepherd Place, Inc.
A request was submitted from The Shepherd Place, Inc. for a waiver from impact fees totaling $2,700. The Shepherd Place, which will serve the homeless in the Dover area, has a severe strain on its budget and requests that the impact fee be waived.
Mr. Legates moved for referral to the Legislative and Finance Committee, seconded by Mr. Christiansen and unanimously carried.
LIBERTY CENTER UPDATE
A proposal has been announced to develop 140 acres of land located off of Route 13, owned by John Hunn Brown for the purpose of constructing a multi-functioning civic center, known as Liberty Center. The City Planning Office has been contacted by Paape Associates, project coordinator and public liaison, and McCann, Inc., civil engineer consultant for the project.
The proposal will require rezoning of the John Hunn Brown property. This rezoning is expected to be brought to Council for consideration in the near future, for a public hearing on November 13, 1989. If the rezoning is successful, the developers would then prepare the site plan for presentation to the Planning Commission in the early spring of 1990. The developers wish to begin construction of the civic center complex portion of the project in the late summer of 1990, with anticipated completion during the summer of 1992, which should coincide with the Dover segment of U.S. Route #13 Relief Route. Once the civic center complex portion has been completed, the corporate center will begin and will take approximately eight years for completion. The entire project should be complete by the year 2000.
The City Planner reminded Council that a project of this magnitude will have both positive and negative developmental impacts on the City of Dover. As the City has the opportunity to review the zoning request and the subsequent site development proposals, the opportunity will exist for the City and the developers to mitigate any adverse impacts and maximize the positive effects of the proposal. Conceptual plans are available for public viewing in the Planner's Office.
Responding to questions by Mr. Levitt, Mr. Cregar stated that the complex will be privately funded, with the exception of a $9,000,000 escrow account which will be derived from public funding by the state, county and city.
Mr. Christiansen reminded members that some time ago Council went on record as supporting the closing of Loockerman Street Extended in conjunction with the development of the Hunn property. He asked the Planner if the connector road is still a consideration. Mr. Cregar stated that the plans do not show a connector road to E. Loockerman Street. Through the design phase of the project, the Planning Department will make previous information available to the developer.
Mr. Salters moved to adjourn into Open Forum and then into executive session to discuss legal and personnel matters. The motion was seconded by Mr. Daisey and unanimously carried.
Meeting Adjourned at 8:15 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.
Richard E. Dennis - 142 S. New Street
Mr. Richard E. Dennis conveyed his appreciation to members of Council and City staff for following up on his recent inquiry concerning the replanting of grass in conjunction with sidewalk replacement in his area. The grass has been replanted and looks very nice.
Mr. Dennis referred to recent concerns with the group home for the mentally ill that is proposed for the Edgehill area. Feeling that everyone should have an equal opportunity, he expressed his hope that more compassion will prevail in the future for such projects.
Referring to the proposed repairs to the Silver Lake dam, Mr. Dennis stated that he is happy that the City is taking this action and urged continued efforts to clean the water in the lake. Mr. Dennis stated that he rides his bike on the jogging trail along Silver Lake and hopes that the City will not vote to prohibit such use. In order to prevent hazards to walkers, Mr. Dennis suggested that bike riders simply display common courtesy and common sense to avoid pedestrian injuries. Mr. Dennis suggested that the City consider planting of dogwood or oak trees along Route #8 to make this area more aesthetically pleasing.
Meeting Adjourned at 8:20 P.M.
DEBRA J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of August 14, 1989, are hereby approved.
JOHN E. RICHTER
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