COUNCIL COMMITTEES
The Council Committees Meeting was held on September 14, 1993, at 7:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Hare, Mr. Hutchison, Mr. Lambert, Mr. Leary, Mrs. Malone, Mr. Pitts, Mr. Salters, Mr. Tudor and Mayor Knopf.
AGENDA ADDITIONS/DELETIONS
Mr. Lambert requested the addition to Item #4 to the Utility Committee agenda to consider the acceptance of the streets and utilities for Fox Hall West. By motion of Mr. Hutchison, seconded by Mr. Hare, the agenda was approved as amended.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilmen Hare and Leary and Mr. Hindman.
RESIDENCY REQUIREMENT - CITY ELECTED OFFICIALS AND COMMITTEE, COMMISSIONS AND BOARDS
Mrs. Malone requested that Section 5 of the Charter be amended to change the residency requirement from two (2) to five (5) years for persons wishing to seek election for a City Council seat. Mrs. Malone also requests a five (5) year residency requirement for citizens appointed to serve on Commissions, Committees and Boards.
In a legal opinion from City Solicitor Rodriguez, he stated that residency requirements for the Mayor and Council persons of municipalities are subject to the equal protection clause of the Fourteenth Amendment to the Constitution which is viewed by the courts as a restriction on the right to run for public office. This requirement has been struck down in other states as being in violation of the equal protection clause where no compelling municipal interest was shown to justify the residency requirement. Mr. Rodriguez recommended that the current residency requirements for City Council remain at two (2) years.
Mr. Hare felt that a residency requirement is needed for citizens being appointed to serve on committees. He suggested that the residency requirement for City Council be set at three (3) years, which is the same as the State Legislature.
Mr. Hindman felt that by instituting a residency requirement for appointments to Commissions, Committees and Boards, Council could hinder their ability to appoint highly qualified citizens who have been very active in the operations of the City but would be ineligible because they have not lived within the City limits for the required time. Referring to the requirement for City Officials, Mr. Hindman felt that the voters should be able to decide the best candidate.
Mr. Salters recommended no minimum residency requirement for appointments to Commissions, Boards and Council Committees; however, he suggested the requirement to run for City Council be changed from two (2) years to three (3) years.
Mr. Hindman moved to recommend that no change be made to the residency requirement for City Elected Officials and Commissions, Committees and Boards. The motion was seconded by Mr. Hare and carried with Mr. Salters voting no.
CITY BOUNDARIES (COUNCIL PRESIDENT CHRISTIANSEN)
Due to the rapid growth of the City, Mr. Christiansen felt that the City should adopt a resolution that would lock the City boundaries at their current configuration and that any future annexation requests to alter those boundaries be required to have a super majority vote of nine (9) votes. Mr. Christiansen felt that the resolution will not preclude the City of Dover from extending the City's enterprise services beyond the borders to those willing to pay for them.
Mr. Christiansen stated that as the City continues to grow, taxpayers will continue to be burdened by the increased taxes for programs such as on-going street repairs. He suggested that the city borders be squared off and the City continue following the 1986 Comprehensive Plan by growing within the City's current boundaries and fill in the area within the City borders with quality development.
Mr. Christiansen also suggested that a uniformed annexation policy be established. If the borders are squared off and an annexation policy established, pressure would be placed on Kent County to assume more developmental responsibilities. Mr. Christiansen felt that Kent County and surrounding municipalities should adopt a uniform zoning code.
Referring to the approval of annexations, Mr. Leary felt that a requirement of 2/3 votes would allow for more flexibility than a majority vote of nine (9). A requirement of a super majority would permit only one member of Council to defeat an annexation. Mr. Leary felt this is too extreme.
Mr. Salters stated that City and County staff members are working together to review the compatibility of current zoning classifications of both bodies.
Mr. Hutchison felt that City boundaries need to be established and that an agreement with the County should be reached that would allow the City to control the zoning of areas within a one mile radius outside the city limits.
Mayor Knopf agreed with Mr. Christiansen's concept; however, he expressed concern with citizens being taxed by the City and County. As the County and City continue to grow, additional water and sewer services will be needed which could increase taxes considerably.
Mr. DePrima stated that although Council has annexed a large number of properties since 1990, a majority of the properties have been single family dwellings. He felt that development of property is important to square off the City's boundaries.
Mr. Hare moved to recommend that staff review all additional information for a report back to the committee, seconded by Mr. Leary and unanimously carried.
Mr. Salters moved to adjourn, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 8:07 P.M.
PARKS AND RECREATION COMMITTEE
The Parks and Recreation Committee met with Chairman Pitts presiding. Members present were Councilwoman Malone, Councilman Tudor, Mrs. Maxted and Mr. Caballero.
SUGGESTION TO RENAME SAULSBURY ROAD PARK
A letter was received from Mrs. Kathleen Johnson of Jawd Drive, suggesting that Mr. William Holden's name be placed on a plaque at the Saulsbury Road park. Mrs. Johnson felt that the park should be dedicated in his honor because he was the original owner of the property.
Mr. Salters reminded members that the Lincoln Park Civic Association recommended that this park be named in honor of J.H. Williams who was the City's Chaplain for 25 years. Since the City already had a Williams Park in Dover, the Fire and Police Departments objected to the recommendation due to possible confusion during emergency response. Council named the park "Saulsbury Road Park, in honor of Reverend J.H. Williams". Mr. Salters recommended denial of Mrs. Johnson's request; however, he had no opposition to a plaque being placed at the park that is bought by private money.
Mrs. Maxted felt that it would be improper to change the name of the park or to name it in honor of two entirely different individuals.
Mr. Tudor moved to recommend that the name of the "Saulsbury Road Park, in honor of Reverend J.H. Williams" remain the same, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 8:24 P.M.
SAFETY ADVISORY COMMITTEE
The Safety Advisory Committee met with Chairman Hare presiding. Members present were Councilwoman Malone, Councilman Pitts and Mr. Coleman.
STOP SIGNS AT PEDESTRIAN CROSSWALKS - WOODCREST
During the past year, the Safety Advisory Committee reviewed a request by Mr. Tony Galla to remove the stop signs at pedestrian crossings on Schoolhouse Lane. During their meeting of March 10, 1992, the committee recommended no action until a majority of the residents on Schoolhouse Lane submitted a petition requesting removal of the signs. On January 26, 1993, the committee recommended that the stop signs remain in place, but that corrective action be taken to paint the curb yellow to prohibit parking near the stop signs and to make them more visible.
On August 3, 1993, Mr. Galla submitted a petition, containing 11 signatures, requesting warning signs at pedestrian crossings in Woodcrest. A petition, containing 59 signatures, was submitted on September 9, 1993 from residents of Woodcrest requesting that the stop signs at the crosswalk on Schoolhouse Lane not be removed.
Mr. Donald Crews of 938 Woodcrest Drive stated that during previous discussions he was told that a study would be performed. He has seen no such report. He stated that the sign has a limited use during certain hours of the day, and is only used two hours out of a 24 hour period. He strongly suggested that the City consider the use of yield signs rather than stop signs as recommended in the State of Delaware Uniform Traffic Code. Mr. Crews requested that he be given 60 days to garner the necessary signatures for a petition in opposition to the stop signs.
Mr. Tony Galla of 925 Woodcrest Drive reiterated his previous concerns with the inconvenience of the stop signs, suggesting that yield signs be placed at the crosswalks on all three streets. He also requested that they be given 60 days to gather signatures from additional residents.
Mr. Frank Zaback, 903 Schoolhouse Lane, opposed Mr. Galla's request to be given 60 days to gather signatures to counter the petition submitted by the residents of Woodcrest. Mr. Zaback referred to the minutes of March 10, 1992, where the committee recommended no action until a majority of the residents submitted a petition requesting removal of the signs. He felt that Mr. Galla has had adequate time to submit any petitions requesting the removal of the signs and reiterated concerns for safety of pedestrians should the signs be removed.
Concurring with Mr. Zaback, Mr. Lon M. Fluman, Jr. of 897 Schoolhouse Lane stated that as a safety concern, the stop signs should remain to protect the small children in the neighborhood.
Chief Smith stated that if the signs were removed and a child was struck by an automobile, the City may be held liable because safety measures were not met. Chief Smith recommended that the stop signs remain and that crosswalk lines be properly painted.
Mrs. Malone moved to recommend that the stop signs not be removed and the crosswalks be painted, seconded by Mr. Coleman.
Mr. Galla suggested that the committee consider, as a separate issue, the placement of yield signs on Woodcrest Drive and Wilson Drive. Mr. Salters requested that this item be reviewed during the meeting of September 28, 1993.
On a call for the question that the stop signs not be removed and the crosswalks be painted, the motion was carried unanimously.
PROPOSAL FOR PROHIBITION OF TRUCK TRAFFIC ON WALKER ROAD - DELDOT REPORT
During their meeting of July 13, 1993, the committee considered a letter from Mr. William Garfinkel, 9 Freedom Drive, requesting that the City restrict trucks weighing over 5,000 pounds from travelling on West Walker Road, appropriately post said restriction, and ensure strict enforcement of the restrictions by the Dover Police Department. Due to the size of the road, he stated that large trucks must straddle the center of the road in order to avoid hitting children and other residents that are walking on the side of the road, leaving no room for on-coming vehicles.
Since West Walker Road is State maintained, the committee recommended that the Chief of Police meet with the Department of Transportation (DelDOT) to consider the safety and traffic concerns on West Walker Road and formulate a recommendation for the committee's review.
Chief Smith reported that the DelDOT reviewed Mr. Garfinkel's request and feels that since Walker Road does not have significant residential properties that abut directly onto Walker Road, they oppose any restrictions. It was also noted that the road conditions may be changed in the near future to accommodate the new Robbins Hose Fire Company #2.
Due to the high number of pedestrians using Walker Road, staff will review the possibility of establishing a bicycle or foot path along the side of the road.
Chief Smith will report back to the committee once DelDOT has reviewed the possibility of a bicycle or foot path along Walker Road.
Meeting Adjourned at 9:05 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Lambert presiding. Members present were Councilmen Hutchison and Tudor and Mr. Carey.
ANNEXATION - 248 MIFFLIN ROAD - ZACHERY AND JANET CARTER
Members considered a request for annexation of a single family home, located at 248 Mifflin Road, consisting of 30,800 square feet, owned by Zachery and Janet Carter. The City Planner recommended approval of the annexation request, with a zoning classification of R-8 (Single Family Residence).
Mr. Carey moved to recommend approval of staff's recommendation, seconded by Mr. Hutchison and unanimously carried. (Annexation Referendum has been set for September 30, 1993. No further action by Council is required at this time).
RECONNECT FEES - ELECTRIC AND WATER SERVICE
Members considered the reconnect fees for electric and water service. Mr. O'Connor reported that the City currently charges $10.00 if reconnection is made during normal working hours and $25.00 if it is made after normal working hours. In order to discourage non-payment, Mr. O'Connor recommended that all disconnects made for non-payment be charged $35.00 for reconnection. This would more accurately reflect the actual cost of the service.
Mr. Tudor felt that if customers were disconnected for non-payment, it will be a greater burden for them to pay a higher reconnect fee. Mr. O'Connor stated that if customers are on the disconnect list for non-payment, they may avoid any fees and disconnection by contacting the Administrative Services Department to arrange a payment plan.
Mr. Hutchison moved to accept staff's recommendation, seconded by Mr. Carey and carried with Mr. Tudor voting no.
PADMOUNT TRANSFORMER PURCHASE
The purchase of three-phase padmount transformers will replenish depleted stock of various sizes. It is proposed that eleven transformers be purchased to build up the inventory of three types of three phase units.
Bids were evaluated by the Electric Department and the following vendors and bids were recommended for approval:
Item Quantity Description
#1 3 750KVA 12470GRDY/7200 to 480Y/277V
to be awarded to AJP Sales, Inc. in the amount of $34,665. The Engineer's estimate was $39,000.
#2 4 75KVA 12470GRDY/7200 to 480Y/277V
#3 4 150KVA 12470GRDY/7200 to 208Y/120V
to be awarded to Hesco, Inc. in the amount of $30,272. The Engineers estimate was $32,400.
Mr. Tudor moved to recommend approval of staff's recommendation, seconded by Mr. Hutchison and unanimously carried.
FOX HALL WEST - ACCEPTANCE OF STREETS AND UTILITIES
During their meeting of August 24, 1993, members denied the request for the acceptance of dedication of right-of-way and utilities for Fox Hall West, Phase III. Members denied the request because the requirement for temporary turn-arounds had not been met. The temporary turn-arounds would provide access for school buses until such time as the full development is completed and the temporary turn-arounds are no longer needed.
Mr. O'Connor reported that the City has obtained permission from the three property owners and the temporary turn-arounds have been installed.
Mr. Carey moved to recommend acceptance of the dedication of Fox Hall West, Phase III, seconded by Mr. Hutchison and unanimously carried.
Meeting Adjourned at 9:25 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
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