REGULAR MEETING
June 25, 1984
The Regular Meeting of Council was held on June 25, 1984 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Tudor, Boaman, Bulley, Witt, Weyandt and Shevock. Mr. Christiansen was absent.
In the absence of the Reverend J.H. Williams, the invocation was given by Dr. Riggs.
AGENDA ADDITIONS/DELETIONS
Mr. Witt requested an executive session to discuss financial matters pertaining to land acquisition prior to continuance of further agenda items.
Mayor Carroll requested additional agenda items to set a hearing date for Michael McCusker’s appeal and an additional item under correspondence from Ms. Martha Smith relating to sewage flooding her basement.
The agenda was unanimously approved as amended.
Mr. Witt moved to recess for the purpose of an executive session to discuss financial matters, seconded by Mr. Weyandt and unanimously carried.
Following the executive session, Mayor Carroll declared Council back in session.
RESOLUTION - SPRIG AND TWIG GARDEN CLUB
By motion of Mr. Witt, seconded by Mr. Boaman, Council unanimously adopted the following resolution:
WHEREAS, the Sprig & Twig Garden Club has rendered distinguished service to the City of Dover in helping to restore and preserve the Library Garden and grounds; and
WHEREAS, the members of the Sprig & Twig Garden Club has given untiring efforts and much valuable time to planning, planting, feeding and watering the flowers and shrubs for the enjoyment of all our citizens; and
WHEREAS, all our citizens may now enjoy the beauty of this area which sets off the Library building and accommodates Story Hours and activities;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER THAT:
The City Council of the City of Dover commends the Sprig & Twig Garden Club for their civic endeavors on behalf of us all.
ADOPTED: JUNE 25, 1984
PROPOSED LAND ACQUISITION - 134 E. WATER STREET
As a result of the aforementioned executive session held by members of Council, Mr. Witt moved that Council authorize a tentative agreement that was entered into on June 23rd to purchase property located at 134 E. Water Street. Mr. Witt stipulated that the funds would be derived from the projected surplus and that the land transfer be consummated only if a clear deed is certified. The motion was seconded by Mr. Boaman and carried by a vote of five (5) yes, two (2) no (Mr. Richter and Mr. Shevock) with Mr. Christiansen absent.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 11, 1984
The Minutes of the Regular Council Meeting of June 11, 1984 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Witt and bore the written approval of Mayor Carroll.
PUBLIC HEARING - ELECTRIC DEPARTMENT BUDGET - FISCAL YEAR 1984/85 PROPOSED AND 1983/84 REVISED
Mr. Boaman advised Council that the 1984/85 Electric Department budget, as advertised, is in the amount of $54,118,180 and the 1983/84 revised budget is in the amount of $44,587,190.
Mayor Carroll declared the hearing open.
There was no one present to speak for or against the proposed Electric Fund Budget for 1984/85 or the revised 1983/84 budget.
Mayor Carroll declared the hearing closed.
Mr. Boaman moved to approve the Electric Department Budget for fiscal year 1984.85 and the amended Electric Fund Budget for 1983/84. The motion was seconded by Mr. Shevock.
Mr. Weyandt noted that the Electric Fund Budget for 1984/85 contains a labor cost increase of $848,680. He felt this was an exorbitant increase for one year.
By a unanimous roll call vote (Mr. Christiansen absent) Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amount hereinafter named aggregating Fifty Four Million, One Hundred Eighteen Thousand, One Hundred and Eighty Dollars ($54,118,180) or so much thereof as may be necessary, are hereby appropriated from current revenues of the Electric Department, estimated from current revenues for Fifty Four Million, Five Hundred Fifty Three Thousand, Nine Hundred and Ninety Dollars ($54,553,990) for the use of the several divisions of the Electric Department and for the purpose hereinafter mentioned for the fiscal year beginning July 1, 1984 and ending June 30, 1985, as follows:
1983/84 1984/85
REVENUES REVISED PROPOSED
Beginning Balance $ 668,280 $ 1,973,810
Beginning Balance - Fuel Account - - 3,415,920
Interest Earnings - Fuel Account 313,340 182,700
Transfer from Working Capital 619,050 2,700,000
Direct Sales to Customers 37,525,840 33,303,160
Sales from PJM Pool 10,445,700 12,639,300
Miscellaneous Revenue 137,900 89,100
Interest Earnings 232,660 250,000
Totals $ 49,942,770 $ 54,553,990
OPERATING EXPENSES
Production $ 33,653,290 $ 39,996,010
Transmission and Distribution 891,250 1,009,810
Engineering 324,840 468,450
Administration 325,910 332,050
Utility Tax 1,252,460 1,114,370
Allocated Costs
City Manager 163,820 189,150
Data Processing 120,270 115,290
Finance 190,010 218,370
Vehicle Maintenance 20,520 29,430
Central Services 61,540 185,510
Building Maintenance - - 19,580
Subtotals $ 37,003,910 $ 43,678,020
Other Appropriations - (Transfer to Funds)
Debt Service 2,046,590 2,048,830
Depreciation Reserve 340,000 786,690
Improvement and Extension 1,900,000 2,200,000
Street Light Fund 340,750 353,000
Reserve for Fuel Adjustment Review
and Cost of Service Analysis 2,000,000
General Fund 2,116,960 1,775,000
Future Capacity Fund 332,100 600,000
Pension Fund 500,000 500,000
Insurance Stabilization Fund 6,880 176,640
Total Expenses $ 44,587,190 $ 54,118,180
Balance Carried to Next Year $ 5,389,730 $ 435,810
2. The City Manager is hereby authorized without further approval of City Council to make interdivisional transfers of up to 10% of the amount herein appropriated to any division, except that the amounts herein appropriated for interest, principal and debt reserve on 1965, 1970 and 1973 Revenue Bonds and for the Electric Improvement Fund may not be decreased.
ADOPTED: JUNE 25, 1984
PUBLIC HEARING - ORDINANCE AMENDMENT - ARTICLE III, SECTION 12, SUBSECTION 12.141 - GASOLINE PUMPS IN A C-1A ZONE, CONDITIONAL USE
A public hearing was duly advertised for this time and place to amend Article III, Section 12, Subsection 12.141, prohibiting gasoline filling stations, motor vehicle storage, repair or service in a limited commercial zone (C-1A), except that gasoline pumps will be an accessory use subject to conditional use approval by the Planning Commission.
Mayor Carroll declared the hearing open.
Mr. Willard Marsteller, owner of Marsteller’s Dairy Markets, was present to speak for adoption of the ordinance, stating that two of his facilities in the county now have gas pumps in a shopping center. The dispensing and storage of the gasoline is strictly controlled by the County Fire Marshal’s Office. He pointed out that gasoline pumps at convenience stores now exists in abundance and have virtually eliminated gas stations. He noted that a similar facility now exists on East Loockerman Street and Route #13 and probably is the largest volume gasoline dispenser in the City. He felt that overall, there is no difference between dispensing gas at a convenience store and gas dispensed at a convenience store in a shopping center.
Questioned by Mr. Richter, Mr. Marsteller advised that he plans to put gasoline pumps at his convenience store in a shopping center complex on S. Little Creek Road.
Mr. Bulley questioned Mr. Roe as to the safety and inspection requirements for such a facility that would adequately insure safety to the public.
Mr. Roe stated that self-service gas is governed by the National Fire Code and would cover the installation of gasoline pumps no matter where installed.
There was no one else to speak for or against the amendment to the Zoning Code and no correspondence.
Mayor Carroll declared the hearing closed.
Mr. Weyandt moved for approval of the amendment to the Zoning Code, seconded by Mr. Witt. By a roll call vote of six (6) yes, one (1) not voting (Mr. Tudor) for reasons of personal interest in property that might be effected, with Mr. Christiansen absent, Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Zoning Code of the City of Dover is hereby amended as follows:
Article III, Section 12, Subsection 12.141 is amended to read as follows: “12.141 Gasoline filling stations and motor vehicle storage, repair, or service, except that gasoline pumps shall be permitted as an accessory use subject to conditional use approval by the Planning Commission pursuant to Article X, Section 1.”
ADOPTED: JUNE 25, 1984
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on June 12, 1984 at 3:00 p.m. with Chairman Witt presiding.
J.P. Court #7 - Picnic Tables and Benches
A request from Deputy Chief Magistrate, Russell T. Rash, of J.P. Court #7, requesting that the City assign or loan picnic tables and benches at the court facility was considered by the committee who recommended denial. The committee noted that this is a state agency that has extensive park systems and possessed picnic tables and benches for this purpose.
Mr. Witt moved for the recommendation of the committee to deny the request, seconded by Mr. Weyandt and unanimously carried.
Request to Trim Tree - Island in Front of City Hall
Mr. William R. Dryer of 68 Evergreen Drive requested that the lower limbs of the pine tree utilized by the City as a Christmas tree during the holidays be trimmed to allow motorists a clear view of traffic when crossing Loockerman Street.
The matter was reviewed by the Police Department who saw no particular hazard to traffic at this time.
The committee recommended that the tree not be trimmed, stipulating that the City Grounds personnel keep the tree under observation for any hazardous condition that might develop.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Drinking, Loitering and Noise - Dover Park Area - Whiteoak Road
Mr. Witt referred to a letter from Mr. Robert J. Pocius of 206 Nimitz Road advising of an increasing problem in the Dover Park area where persons are loitering, drinking, riding motorcycles, and playing amplified music. He advised Council that since the writing of the committee minutes, stepped up police coverage has been initiated and 58 tickets have been issued for various violations. He felt that this enforcement has basically corrected the situation in the park area.
Coupled with stepped up enforcement in the park areas, Chief Klenoski, Mr. Bartolotta and Mr. Knox have discussed the problem and suggested that the Whiteoak Road park area and the Silver lake park area be closed at dusk except for softball league activities at the Whiteoak Road park ball diamond. It was also suggested that the 1984/85 budget be amended to include an appropriation of $8,770 to cover staffing arrangements and additional police supervision in the park.
Mr. Witt moved that the Whiteoak Road park area be closed and the entrance chained at dusk each day of the week throughout the year, not to include any scheduled softball activity. The motion was seconded by Mr. Boaman and unanimously carried.
Mr. Witt moved that the Whiteoak Road park area be closed and the entrance chained at dusk each day of the week throughout the year, not to include any scheduled softball activity. The motion was seconded by Mr. Boaman and unanimously carried.
Mr. Witt moved to amend the 1984/85 fiscal year budget for the purpose of appropriating $8,770 to the Recreation Department for stepped up supervision and police coverage of the park. The motion was seconded by Mr. Bulley.
Mr. Weyandt moved to amend the motion that would hold the $8,770 in abeyance until it is absolutely necessary for the expenditure. The motion failed for lack of a second.
By a unanimous roll call vote (Mr. Christiansen absent) the 1984/85 budget was amended to include an appropriation to the Recreation Department in the amount of $8,770.
Replacement of Oak Tree - North State Street - Jerry Lawrence
The committee considered a letter from Mr. Jerry Lawrence of 323 N. State Street, requesting replacement of an oak tree in his location that was removed during the past year. He suggested that the large tree be replaced with two smaller trees between the curb and sidewalk.
Mr. Bartolotta advised that the City has started a nursery by the Bayard Avenue water tank and any time a tree is removed in the City it has been the policy to replace the tree with one from the nursery, but not necessarily of the same species.
The committee recommended that the City Manager inform Mr. Lawrence of the City’s policy and any plans for replacement of the tree in question.
Mr. Weyandt moved for the recommendation of the committee, seconded by Mr. Witt and unanimously carried.
Elm Tree - The Green
A large elm tree on the northwest corner of The Green was damaged during a storm in the past month. In an attempt to save the tree, the City Manager recommended engaging a professional tree company to trim back the extremities of the tree and recable two of the remaining limbs. An estimate submitted by professionals for this project amounted to $800.
The committee recommended that the work be performed on the elm tree, not to exceed $800.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Mr. Witt moved for approval of the Parks and Recreation Committee Report as submitted, seconded by Mr. Weyandt and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on June 12, 1984 at 3:45 p.m. with Chairman Witt presiding.
Parking Spaces - Department of Health and Social Services - 218 and 220 W. Loockerman Street
A letter from Dr. Rudy Magnone requested two restricted parking spaces in front of the adult activity center at 218-220 W. Loockerman Street.
The committee recommended that a loading and unloading sign marking the first parking space be erected indicating parking restrictions between 8:45 a.m. and 9:15 a.m. and 2:45 p.m. and 3:15 p.m. Monday through Friday. Mr. Witt noted that the Department of Health and Social Services indicated their responsibility towards the cost of the signing.
Mr. Witt moved for the aforementioned recommendation, seconded by Mr. Weyandt and unanimously carried by a roll call vote (with Mr. Christiansen absent).
Capital School District - Dr. Edward Goate’ - Request for Speed Zone, Crosswalks and Stop Sign
The committee recommended that the following four steps be initiated as suggested by the Capital School District due to a change in the organizational structure of the middle schools:
1. That the present speed limit on W. Walker Road, between the railroad tracks and Saulsbury Road, be changed from 35 mph to 25 mph
2. That a pedestrian crosswalk be painted from the east side of West Street across the railroad tracks to the sidewalk located in front of Terroco Oil Company which is located on Division Street
3. That a pedestrian crosswalk be painted from the south side of Forest Street across the railroad tracks, across Railroad Avenue to the sidewalk existing on the south side of Forest Street and Railroad Avenue.
4. That a stop sign be erected where the City street exits the old M.A. Hartnett Company and enters onto Forest Street.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Bulley and by a unanimous roll call vote (Mr. Christiansen absent) the motion was approved.
Handicapped Parking - 128 W. Division Street - Terry L. Findley, D.C.
Terry L. Findley, D.C., having a chiropractic business on the southeast corner of Division Street and Governors Avenue, requested one or two handicapped parking spaces for his patients. The committee noted that the office has yellow curbing in front and there is parking facilities in the rear of the building.
Chief Klenoski recommended that the parking spaces remain is it presently exists.
It was the recommendation of the committee to deny the two handicapped parking spaces.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Left Turn Signals - South State Street and Water Street - South Governors Avenue and Water Street
Mr. Weyandt addressed Council on a proposal of installing left turn signals at S. State and Water Streets and at Governors Avenue and Water Street. He noted that the signal heads were purchased during the renovation of Loockerman Street and are available at the Warehouse. The State of Delaware has performed a traffic study at the intersections, noting that it is feasible to install left turn signals at the two intersections but giving no specific recommendation. The report did point out that left turn signals at the intersections would cause additional delays for thru traffic.
Mr. Richter pointed out that left turn signals at the intersections will make it necessary to reset the timing devices which will affect other lights on the system and he did not feel that the two subject intersections have that great a problem in making left turns.
Mr. Weyandt moved that left turn signals be installed at State and Water Streets and Governors Avenue and Water Street. For lack of a second, the motion was denied.
Wesley College - Directional Sign - North Governors Avenue and North State Street
A letter from Mr. Joseph R. Slights, Dean of Admissions of Wesley College, requested a directional sign under the current General Foods sign at the north end of State Street and N. Governors Avenue intersection.
The committee recommended that Wesley College be permitted to erect the sign with the understanding that it would be at their expense.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Traffic Fatality Sign - North DuPont Highway - Delaware State College
Colonel Daniel L. Simpson, Superintendent of the State Police, requested that the City permit the erection of a fatality accident sign in the area of Delaware State College on North DuPont Highway.
Mr. Witt advised Council that the committee recommended approval of the sign and also that the City would not be involved in any expense for the sign nor the installation.
Mr. Witt moved for approval of the committee recommendation, seconded by Mr. Weyandt and unanimously carried.
Mr. Witt moved for approval of the Safety Advisory Committee Report as submitted, seconded by Mr. Shevock and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on June 13, 1984 at 7:30 p.m. with Chairman Richter presiding.
Request for Water and Sewer - Ernestine Archer - Whiteoak Road
Mr. Richter referred to a request by Ms. Ernestine Archer - Whiteoak Road for City water and explained that Ms. Archer lives in a trailer outside the corporate limits but directly across the road from same. The City policy is not to grant City water to anyone outside the City living in a trailer.
Mr. Richter advised Council that the committee upheld the City policy not to allow connection to City water by trailers outside the corporate limits, therefore the item does not require any formal action.
Alley Abandonment - East Lake Gardens
In discussing a request by Mr. Edward William Clarke, Sr. of East Lake Gardens to abandon an alley that connects Silver Lake Drive and Lakeview Drive, the committee deferred action for further review by the City Manager.
Unpaid Electric Bills as Lien on Property - A. George Keller, Emerson Realty
Mr. A. George Keller requested Council’s consideration to initiate action that would place unpaid electric bills as a lien on properties.
Mr. Richter explained that the City has a contract with the property owners who are renting that covers sewer and water bills. Electric billings are contracted with the individual living in the house whether it be owner or tenant.
The committee did not designate any