REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 22, 1993 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Lambert, Tudor, Leary, Pitts, Salters, Levitt, Daisey and Hare.
Council staff members present were Chief Smith, Mr. Lucas, Mr. Worley, Mr. DePrima, Fire Chief Baker, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Father Komstedt, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Daisey moved for approval of the agenda, seconded by Mr. Leary and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 8, 1993
The Minutes of the Regular Council Meeting of February 8, 1993 were unanimously approved by motion of Mr. Leary, seconded by Mr. Daisey and bore the written approval of Mayor Knopf.
PROCLAMATION - AAUW MONTH
The City Clerk read into the record the following Proclamation:
WHEREAS, the American Association of University Women has existed in Dover for over fifty years; and
WHEREAS, the American Association of University Women is an organization dedicated to education; and
WHEREAS, the American Association of University Women supports the advancement of women, involvement in community issues and lifelong learning; and
WHEREAS, the American Association of University Women is committed to freedoms of religion, speech, press, and assembly as the foundations of democracy; and
WHEREAS, the American Association of University Women is in its second century as a national Association; and
WHEREAS, the American Association of University Women celebrates its heritage in conjunction with National Women's History Month.
NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, do hereby proclaim March 1-31, 1993 as:
AMERICAN ASSOCIATION OF UNIVERSITY WOMEN MONTH
in the City of Dover and urge all citizens to recognize the importance of this observance.
Council President Christiansen presented the Proclamation to Dr. Kathleen Jacobs on behalf of the AAUW. Dr. Jacobs, Vice-President of the Dover Chapter, expressed her appreciation for the Proclamation.
CERTIFICATION OF APPRECIATION - NATIONAL LEAGUE OF CITIES - COUNCILMAN SALTERS
Council President Christiansen presented to Mr. Reuben Salters a Certificate of Appreciation from the National League of Cities. The certificate was in recognition and appreciation of Mr. Salters' contribution to the nation's cities and towns as a member of the Community and Economic Steering Committee of the National League of Cities. Council President Christiansen relayed the importance of the City's participation in the National League of Cities and conveyed his appreciation for Mr. Salters' contribution.
ANNEXATION REFERENDUM - NORTH LITTLE CREEK ROAD
The City Clerk reported that an annexation referendum was held on February 11, 1993 for properties located on North Little Creek Road, owned by Paris Investments, Inc. The following results were reported:
Parcel A - Containing approximately 38.83 acres
1 Vote Cast FOR Annexation - 0 Votes Cast AGAINST Annexation
Parcel B - Containing approximately 4.36 acres
8 Votes Cast FOR Annexation - 0 Votes Cast AGAINST Annexation
Mr. Levitt moved for acceptance of the annexation referendum results, seconded by Mr. Daisey and carried with Mr. Christiansen voting no.
Mr. Salters moved for approval of the annexation of Parcels A and B, located on North Little Creek Road, seconded by Mr. Leary. By a roll call vote of eight (8) yes, one (1) no (Mr. Christiansen), Council adopted the following Resolution:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits 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 the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
Parcel A
All that certain piece, parcel and tract of land, lying and being situated in East Dover Hundred, Kent County and the State of Delaware, comprising all of Parcel A as shown on a survey prepared by Charles D. Murphy, Jr., Professional Land Surveyor, dated 09 June 1992, fronting on the southerly right-of-way line of State Route #8, adjoining lands now or formerly of Christopher J. Raubacher, of Peter DeMarie, of Lorraine D. Butcavage, of the State of Delaware, of Dover Development Company, of Clifford R. Todd, of Dover East Limited Partnership, of Joseph M. Satterfield, of the E.D. Loper Subdivision and Parcel B, being more particularly described as follows, to wit:
Beginning at a point on the southerly right-of-way line of State Route #8, forty (40) feet from the centerline thereof, being the northeasterly corner for Christopher J. Raubacher; thence proceeding with said Raubacher lands the following four (4) courses and distances: 1) deflecting left along a 25.00 foot radius curve, an arc distance of 15.50 feet to a point of tangency, 2) South 08 degrees 33 minutes 47 seconds West 341.24 feet to a point of curvature, 3) deflecting right along a 351.47 foot radius curve, an arc distance of 148.31 feet to a point of tangency, and 4) South 32 degrees 44 minutes 29 seconds West 45.01 feet to a corner for lands of Peter DeMarie; thence running with said DeMarie lands South 19 degrees 53 minutes 16 seconds East 812.02 feet to a corner for Lorraine D. Butcavage; thence running with said lands of Butcavage South 50 degrees 17 minutes 59 seconds East 333.01 feet to a point on line for lands of the State of Delaware; thence running with said lands of the State of Delaware and deflecting right along a 21,539.48 foot radius curve, an arc distance of 1,100.83 feet to a corner for lands of the Dover Development Company; thence running with said lands of the Dover Development Company, North 44 degrees 51 minutes 05 seconds West 57.90 feet; thence continuing with said lands of the Dover Development Company, and of Clifford R. Todd North 36 degrees 36 minutes 55 seconds West 1,484.71 feet to a corner for lands of Dover East Limited Partnership; thence running with said lands of Dover East Limited Partnership North 45 degrees 04 minutes 39 seconds West 213.36 feet; thence continuing with said lands of Dover East Limited Partnership North 33 degrees 24 minutes 44 seconds West 274.12 feet to a corner for Joseph M. Satterfield and for other lands of Paris Investments, Inc. (Parcel B); thence running with said other lands the following five (5) courses and distances: 1) North 06 degrees 02 minutes 33 seconds East 685.78 feet, 2) South 76 degrees 25 minutes 35 seconds East 199.54 feet, 3) North 05 degrees 41 minutes 45 seconds East 349.99 feet, 4) South 76 degrees 27 minutes 43 seconds West 55.62 feet, and 5) North 05 degrees 25 minutes 32 seconds East 154.77 feet to a point on the aforementioned southerly right-of-way line of State Route #8; thence running with said right-of-way line South 76 degrees 03 minutes 10 seconds East 59.98 feet to a corner for E.D. Loper Subdivision; thence running with said subdivision the following seven (7) courses and distances: 1) South 05 degrees 41 minutes 31 seconds West 155.05 feet, 2) South 76 degrees 04 minutes 33 seconds East 60.02 feet, 3) South 76 degrees 05 minutes 01 seconds East 176.15 feet, 4) South 76 degrees 06 minutes 33 seconds East 180.51 feet, 5) South 76 degrees 04 minutes 30 seconds East 88.08 feet, 6) North 11 degrees 07 minutes 48 seconds East 135.32 feet, and 7) deflecting left along a 25.00 foot radius curve, an arc distance of 15.54 feet to a point on the aforementioned southerly right-of-way line of State Route #8; thence finally, running with said right-of-way line and deflecting left along a 2,904.91 foot radius curve, an arc distance of 62.66 feet to the place of beginning, containing 38.83 Acres of land, more or less.
Parcel B
All that certain piece, parcel and tract of land, lying and being situated in East Dover Hundred, Kent County and the State of Delaware, comprising all of Parcel B as shown on a survey prepared by Charles D. Murphy, Jr., Professional Land Surveyor, dated 09 June 1992, fronting on the southerly right-of-way line of State Route #8, adjoining lands now or formerly of Joseph M. Satterfield, of Raymond J. Dittemer, of the E.D. Loper Subdivision and Parcel A, being more particularly described as follows, to wit:
Beginning at a point on the southerly right-of-way line of State Route #8, thirty-five (35) feet from the centerline thereof, being the northeasterly corner for lands of Raymond J. Dittemer; thence proceeding with said right-of-way line South 76 degrees 03 minutes 10 seconds East 151.50 feet to a corner for the E.D. Loper Subdivision; thence running with said subdivision South 05 degrees 41 minutes 45 seconds West 155.06 feet; thence continuing with said subdivision South 76 degrees 03 minutes 10 seconds East 125.00 feet to a corner for Parcel A; thence running with Parcel A the following three (3) courses and distances: 1) South 05 degrees 41 minutes 45 seconds West 349.99 feet; 2) North 76 degrees 25 minutes 35 seconds West 119.54 feet, and 3) South 06 degrees 02 minutes 33 seconds West 685.78 feet to a corner for lands of Joseph M. Satterfield; thence running with said Satterfield lands North 08 degrees 02 minutes 27 seconds West 353.20 feet; thence continuing with said Satterfield lands North 65 degrees 42 minutes 09 seconds West 76.31 feet to a corner for lands of Raymond J. Dittemer; thence running with said Dittemer lands North 06 degrees 02 minutes 33 seconds East 846.70 feet to the place of beginning; containing 4.36 Acres of land, more or less.
2. The above described property shall be annexed into the City of Dover with a zoning classification of MHP in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 23rd day of February, 1993 at 12:01 a.m. o'clock.
ADOPTED: February 22, 1993
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on February 9, 1993 with Chairman Hare presiding.
Report of Decibel Level - Kenton Road Fire Siren
During their meeting of November 10, 1992, members considered a letter from Mr. Lanagan, 174 Hampton Drive, relaying concern of the Kenton Road Fire Siren. Staff was directed to take the necessary steps to measure the decibel level of the fire siren to ensure that the sounds do not exceed safety standards.
On January 13, 1993, a sound level meter noise survey was performed to determine if noise produced by the fire siren posed a noise hazard to surrounding residents. Members were provided with the results of the survey, which indicated that residents in the area of the fire siren are not being significantly exposed to hazardous noise. Members were advised that the Dover Air Force Base performed this work as a voluntary community service.
The committee recommended acceptance of the sound level meter noise survey as submitted, that Mr. Lanagan be provided a copy of the information, and that a letter of appreciation be sent to the Dover Air Force Base.
Council action was not necessary; however, members of Council requested that a letter of appreciation be sent to the Dover Air Force Base for their assistance in this matter.
Costs for Lighting at Dover High School Crosswalk in Woodcrest
During their meeting of January 26, 1993, members considered a letter from Mr. Campanicki of 859 Wilson Drive in Woodcrest, suggesting that the City install lighting along the crosswalk in Woodcrest. A rape recently occurred in the area and Mr. Campanicki felt that proper lighting would make the area safer. The committee directed staff to investigate the costs of trimming the shrubbery along the crosswalk and the installation of lights in the middle of each crosswalk.
City crews have already began to move or trim shrubs and trees to eliminate the isolated nature of the crosswalk. In reviewing the need for security lights in the area, the Electric Department recommended that four security lights be installed at a cost of approximately $600 with a monthly cost of $11 for maintenance.
The committee recommended authorization to proceed with trimming the trees and shrubs and the installation of four security lights along the crosswalk in Woodcrest.
Mr. Hare moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried.
Mr. Hare moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Leary and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on February 9, 1993 with Chairman Daisey presiding.
Request to Abandon Alley West of Bradford Street - Robbins Hose Company
The Robbins Hose Company submitted a request for abandonment of a 50 foot portion of an alley that runs parallel to Governors Avenue and Bradford Street and is adjacent to the west side of the fire station parking lot. The request would enable the Robbins Hose Company to erect a fence along their property and across the alley to discourage trespassing and protect vehicles in the parking lot.
Staff advised that the 50 foot portion of the alley is not utilized for garbage disposal and is rarely used by the public. If the request is approved, the eastern portion would be abandoned to Mr. E. Vernon Ingram. Mr. Ingram submitted a letter supporting the abandonment. It was noted that the City would maintain a utility easement for existing water lines located in the alley. The Planning Commission recommended approval of the alley abandonment.
The committee recommended abandonment of a 50' portion of the alley which runs parallel to Governors Avenue and Bradford Street and is adjacent to the fire station parking lot.
Mr. Daisey moved for approval of the committee's recommendation. The motion was seconded by Mr. Lambert and Council unanimously adopted the following Resolution:
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF 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 favors the vacating and abandoning of the following alley:
ALL that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, a portion of an alley running north to south, being 12.0 feet wide and 49.83 feet long, lying on the southerly side of Reed Street and the alley parallel to Bradford Street, comprising of 598 square feet, more or less.
Section 2. The Council of the City of Dover will sit on Monday, March 8, 1993, at 7:30 p.m., in the Council Chambers at City Hall, Dover, Delaware, to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158, Volume 36, Laws of Delaware).
Section 3. The Clerk of Council is hereby directed to post copies of this Resolution in five or more public places in the City of Dover and to publish the same in a local newspaper published in said City.
ADOPTED: February 22, 1993
Westview Terrace Drainage Outfall Ditch
During the past several years, residents along the Westview Terrace ditch have experienced minor flooding during periods of heavy rains. The majority of this problem is the result of siltation and vegetation overgrowth. Kent Conservation District has prepared a proposal to correct this problem, at a cost not to exceed $6,500. All affected property owners have been contacted and support the project.
Each year, the Public Works budget includes $12,000 for minor ditch projects in its budget. Although funding is not available in this budget year, staff recommended that this project be considered during the 1993-94 budget year.
The committee recommended approval of staff's recommendation.
Mr. Daisey moved that funding for this project be considered during the 1993-94 budget year. The motion was seconded by Mr. Hare and unanimously carried.
Woodbrook Pond Sidewalk Installation
In the summer of 1991, Kent Conservation District completed the rehabilitation of the Woodbrook Pond area. Since then, the Grounds Division has provided several tree plantings along the perimeter of the pond. There is a 200+ foot section along this area on Westview Terrace which currently has no sidewalk. Installation of sidewalk on this property is scheduled for the 1994-95 sidewalk program.
Due to the increased use of this park area, staff recommended that a sidewalk be installed along Westview Terrace this year. The sidewalk could easily be installed by City crews this summer during the annual period of normal concrete work, at an estimated cost of $500 to $1,000.
The committee recommended that a sidewalk be installed along Westview Terrace during the summer at an estimated cost of $500 to $1,000.
Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Hare and unanimously carried.
Mr. Daisey moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on February 9, 1992. In the absence of Chairman Levitt (who arrived during the meeting), Councilman Salters presided.
Request to Waive Construction Fees - Dover Area Habitat for Humanity
Dover Area Habitat for Humanity submitted a request to waive construction fees for two homes on Kirkwood Street. Habitat for Humanity constructs homes for low-income families. The organization's labor is donated free by volunteers. The materials and supplies are acquired through a loan which is then paid off by the low-income family that occupies the house.
Habitat for Humanity has acquired three lots located on South Kirkwood Street and has proposed to construct two homes. The only fees involved would be construction permits, at an estimated cost of $200 to $250. City staff supported the request since the City has been encouraging Habitat for Humanity to locate in this area as part of the City's Target Block Program. However, to ensure that we do not set a precedent, staff recommended that the City issue a grant to offset the construction fees rather than waiving the fees. By taking this action, the policy would be adopted that any organization constructing low-income housing in an active designated target block area, would be eligible to a small grant at the City's discretion.
The committee recommended approval of a grant to Dover Area Habitat for Humanity to offset construction fees.
Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Daisey and unanimously carried.
DECCASA Project Grant Fund
For the past three years, the City of Dover has participated in a Substance Abuse Prevention Program, known as Delaware Community Clusters Against Substance Abuse (DECCASA). Reverend Cherry addressed committee members on behalf of the Dover Substance Abuse Prevention Advisory Board. She explained that the program's goal is to prevent the entrance of youth into the juvenile justice system, prevent illegal use of drugs by school age children, to reduce the number of unnecessary family disruptions, and reduce the number of school drop-outs. Over three hundred boys and girls have participated in the services provided by this program during the past three years. The program has received positive feedback from the community, schools and parents. The Office of Substance Abuse Prevention has been funding this program but this is the final year that funds will be received from the agency. Therefore, it is necessary to obtain funding from another source.
The committee recommended authorization to submit an application to the General Assembly for future funding, in the amount of $115,000, to cover the costs for the program.
Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Daisey and unanimously carried.
FY93-94 CDBG/EMERGENCY SHELTER GRANT PROGRAM
Since 1981, the City of Dover has focused its Community Development efforts on the revitalization of existing sub-standard housing. More than 145 units have received rehabilitation assistance to concur with the local housing code. Community Development Block Grant (CDBG) funds have also assisted in the removal of vacant, dilapidated dwellings that once plagued various areas of the City causing slum and blight conditions. The improvements made through the CDBG Program have allowed many Dover residents to experience decent, safe and sanitary living conditions when they otherwise may not have been able to do so.
As authorized by Council, staff held an administrative public hearing on January 27, 1993, to provide any interested citizen the opportunity to offer their comments and concerns regarding the use of the FY93-94 CDBG funds and Emergency Shelter Grant Program (ESGP) funds. Members were provided with minutes of the public hearing. Mrs. Audrey Daniels, Community Development Director, advised members that it is staff's intention to continue to concentrate utilizing CDBG funds within the already established CDBG target areas of Kirkwood, Queen, New, Washington and Cherry Streets, Capitol Green area, State College and Mitscher Roads. However, priority will be placed on properties located within the City's Target Block Program area.
Given the proven benefits of the CDBG and ESGP programs, the committee recommended that a request for $348,696 in CDBG funds and $25,000 in ESGP funds be submitted to the State of Delaware, Division of Housing and Community Development.
Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Daisey and unanimously carried.
Recommendation from DDDC - Sale of City Owned Property
The committee considered a proposal of the Downtown Dover Development Corporation (DDDC) regarding the parking lot located between City Hall and the Dover Post Office. The committee was presented the details of the proposal of Stoltz Bros. Ltd. to develop the lot with commercial and professional offices and parking facilities.
Members reviewed a letter of intent, written on behalf of the Stoltz Bros. Ltd., involving the sale of the City of Dover parking lot located on Loockerman Street, east of City Hall. The parking lot currently provides 140 parking spaces; the proposal would provide 500 parking spaces. The exact terms and details for the sale of this lot is to be addressed when the option to purchase agreement is considered.
The DDDC recommended that the committee approve the letter of intent, to be presented to Council during their Special Meeting on February 17, 1993 for official approval.
The committee recommended acceptance of the letter of intent with Stoltz Bros. Ltd. for the sale of the City of Dover parking lot located on Loockerman Street, east of City Hall. However, it was to be considered during a Special Council Meeting of February 17, 1993.
Council President Christiansen announced that during the Special Council Meeting, it was recommended that a public hearing be held to afford citizens an opportunity to address the issue. The public hearing is scheduled for March 3, 1993 at 7:00 p.m.
Mid-Year Budget Amendments
Due to Council approved projects that were not budgeted, incorrectly appropriated money, and carry forward projects, staff submitted budget revisions that affect the 1992/93 budget. The committee recommended approval of the proposed budget amendments.
Electric Revenue Fund - Mr. Salters moved to recommend approval of the budget revisions for the Electric Revenue Fund. The motion was seconded by Mr. Daisey and Council unanimously approved the following:
EXPENSE REDUCTION - ELECTRIC REVENUE FUND
Budgeted Revised
Decrease Amount Amount
Transfer to Improv./Exten. Fund $2,573,986 $2,573,986 $ -0-
INCREASE RECEIPTS - ELECTRIC REVENUE FUND
Budgeted Revised
Increase Amount Amount
Transfer from Future Capacity $2,115,733 $ -0- $2,115,733
General, Water/Wastewater, and Inter-Governmental Service Funds - Mr. Salters moved to recommend approval of the budget revisions for the General, Water/Wastewater, and Inter-Governmental Service Funds. The motion was seconded by Mr. Daisey and Council unanimously approved the following:
GENERAL FUND - EXPENSES
Budgeted Revised
Department/Item Increase Amount Amount
Inspections - Demolition $ 10,000 $ 10,000 $ 20,000
Library - Construction Purch. 12,700 -0- 12,700
Sanitation - Program Supplies 10,000 20,827 30,827
Sanitation - Contractual Services 20,000 802,761 822,761
General Fund - Consulting Fees 25,000 -0- 25,000
Police/Civilian - PT/Temporary 4,025 -0- 4,025
Community Services - Salaries 10,000 95,729 105,729
Assessor - Salaries 15,884 67,716 83,600
Allow./Doubtful Accts. 174,000 -0- 174,000
Total $ 281,609
GENERAL FUND - REVENUES
Budgeted Revised
Department/Item Decrease Amount Amount
Recreation - Salaries $ 5,000 $ 62,970 $ 57,970
Recreation - Contractual Services 5,000 60,180 55,180
Assessor - PT/Temporary 3,416
Total $ 13,416
WATER/WASTEWATER FUND - EXPENSES
Budgeted Revised
Department/Item Increase Amount Amount
Allow./Doubtful Accts. $ 50,000 $ -0- $ -0-
INTERNAL SERVICE FUND - REVENUES
Budgeted Revised
Department/Item Decrease Amount Amount
City Manager - Auto Purchase $ 11,025 $ 11,025 $ -0-
Public Works Eng. - Truck Purchase 11,600 11,600 -0-
Streets - Truck Purchase 12,810 63,310 50,500
Public Works Admin. - PT/Temporary 4,050 7,499 3,449
City Manager - Insurance 150,000 531,475 381,475
Total $ 189,485
Special Assessment Liens - Procedures
In reviewing the City's ordinance relating to special assessments, Deputy City Solicitor Pepper suggested that future ordinances be revised to include the following:
1) Provide for the collection of attorneys' fees in the event that the City must pursue litigation.