REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 8, 1988 at 7:30 p.m. with Mayor Richter presiding. Members present were Councilmen Hall, Daisey, Legates, Lynn, Christiansen, Levitt, Weyandt and VanSant.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Bartolotta, Mr. Roe, Chief Willson, Ms. Bittner and Mr. Pepper.
The invocation was given by the Reverend J. H. Williams, Council Chaplain followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mayor Richter requested the addition of agenda item #16 - the 15 Minute Open Segment - which was inadvertently left off of the agenda.
Mr. Hall requested that agenda item #15C be considered during the report of the Legislative and Finance Committee.
Ma. VanSant requested the addition of a letter relative to citizen concern with the Puncheon Run drainage.
Mr. Weyandt moved for approval of the agenda as amended, seconded by Mrs. Legates and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 25, 1988
The Minutes of the Regular Council Meeting of July 25, 1988 were unanimously approved by motion of Mr. Christiansen, seconded by Mr. VanSant and bore the written approval of Mayor Richter.
ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF AUGUST 1, 1988
The Minutes of the Quarterly Open Town Meeting of August 1, 1988 were unanimously approved by motion of Mr. VanSant, seconded by Mr. Lynn and bore the written approval of Mayor Richter.
PRESENTATION OF FRANCHISE CHECK - STORER CABLE COMMUNICATIONS
A check was presented to the City of Dover by Mr. Chris Wegemer, Operations Manager for Storer Cable Communications, in the amount of $108,907.35 which represents the City’s 5% franchise fee. Revenues derived from the Home Shopping Network were included in the franchise check. Mr. Wegemer expressed his appreciation to the City for the continuing opportunity to serve the citizens of Dover. Mr. Levitt accepted the check on behalf of the City.
PUBLIC HEARING - REZONING - 117 N. SAULSBURY ROAD - EDWARD J. TROISE
A public hearing was duly advertised for this time and place to consider the rezoning of property located at 117 N. Saulsbury Road, owned by Edward J. Troise.
Planner’s Review
The City Planner reviewed the request, informing Council that the Planning Commission recommended that the property be rezoned to a C-3 category rather than the requested C-4 zoning category. The owner agreed to the recommended C-3 zoning.
Noting the Solicitor’s absence, Mr. VanSant stated that Mr. Rodriguez submitted a letter stating that Council can approve the C-3 zoning category even though it was advertised for C-4 because C-3 is a more restricted commercial zone.
Correspondence
The City Clerk reported no correspondence was received on the proposed rezoning.
Public Hearing
Mayor Richter declared the hearing open.
Mr. Edward J. Troise of 104 Saulsbury Road was present, stating that he agrees with the proposed C-3 zoning. There are other properties in close proximity to his property that are presently zoned as C-3.
Mayor Richter declared the hearing closed.
Mr. VanSant moved to approve the rezoning request as recommended by the Planning Commission, seconded by Mrs. Legates. By a unanimous roll call vote, Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 117 N. SAULSBURY ROAD.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RG-1 to C-3.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RG-1 to C-3 on that property located at 117 N. Saulsbury Road, owned by Edward J. Troise.
ADOPTED: August 8, 1988
PUBLIC HEARING - REZONING - NORTH SIDE OF WESTON STREET, NORTH OF DIVISION STREET - WILLIAM J. AND RUTH M. LAWS
A public hearing was duly advertised for this time and place to consider the rezoning of property located on the north side of Weston Street, north of Division Street, owned by William J. And Ruth M. Laws.
Planner’s Review
The City Planner stated that the property in question is bordered on one side by the William Henry and West Dover Elementary Schools, with the remaining land being bordered by properties that are zoned as IPM and M..
Correspondence
The City Clerk reported no correspondence was received on the proposed rezoning.
Public Hearing
Mayor Richter declared the hearing open.
Mr. Pete Brockstedt, equitable owner, informed Council that the request is for the purpose of the development of a commercial service business park, which will consist of several buildings sited in an orderly pattern and with adequate parking facilities. The proposal is consistent with the orderly growth of the area.
Mayor Richter declared the hearing closed.
Mr. Weyandt moved to approve the rezoning request as recommended by the Planning Commission, seconded by Mr. Daisey. By a unanimous roll call vote, Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE NORTH SIDE OF WESTON STREET, NORTH OF DIVISION STREET.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RG-8 to C-3.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RG-8 to C-3 on that property located on the north side of Weston Street, owned by William J. And Ruth M. Laws.
ADOPTED: August 8, 1988
PUBLIC HEARING - REZONING - 57 SAULSBURY ROAD - DAVID M. HAGADORN
A public hearing was duly advertised for this time and place to consider the rezoning of property located AT 57 Saulsbury Road, owned by David M. Hagadorn.
Planner’s Review
The City Planner stated that the equitable owner is Richard Parsons who intends to open an insurance office. The property is located on the southeast corner of the intersection of Saulsbury Road and Carver Road. The Planning Commission unanimously recommended approval of the rezoning request to RG-0.
Correspondence
The City Clerk reported no correspondence was received on the proposed rezoning.
Public Hearing
Mayor Richter declared the hearing open.
Mr. Tom Burns, of Burns and Ellis Realtors, was present representing Mr. Hagadorn and Mr. Parsons. Mr. Burns stated that Mr. Parsons intends to improve the present structure for the purpose of opening a branch insurance office.
Mayor Richter declared the hearing closed.
Mr. Weyandt moved to approve the rezoning request as recommended by the Planning Commission, seconded by Mr. VanSant. By a unanimous roll call vote, Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 57 SAULSBURY ROAD.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RG-1 to RG-0.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RG-1 to RG-0on that property located at 57 Saulsbury Road, owned by David M. Hagadorn.
ADOPTED: August 8, 1988
REFERENDUM OF ANNEXATION REFERENDUM - STATE STREET PROPERTIES
A referendum was held on July 28, 1988 to consider annexation of four properties along S. State Street (1056, 1068, 1078, and 1084). As certified by Kent County Elections officials, the City Clerk reported the following results:
3 FOR Annexation
0 AGAINST Annexation
It was noted by the City Clerk that one of the property owners was ill at the time of the referendum and therefore was unable to cast his vote.
Mr. Lynn moved to accept the results of the annexation at a zoning category of C-2A which conforms to the Comprehensive Plan.
By motion of Mr. Weyandt, seconded by Mr. Lynn, Council, by a unanimous roll call vote, 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 include an area contiguous to the present City limits and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held during the 127th General Assembly, Special Session 1973 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, the aforementioned Amendment of the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory within the limits of the City of Dover, the Council shall thereupon adopt the 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 and more particularly described and bounded therein shall be annexed to and included within the limits of the City of Dover:
All that certain parcel of land situated in East Dover Hundred, Kent County, State of Delaware, lying on the west side of South State Street, being more particularly described as follows:
Beginning at a pipe set in the west line of South State Street at a corner for this lot and lands now or formerly of Louis Reiter, said point of beginning being 487.5 feet south of the intersection of the centerline of Wyoming Avenue and the west line of South State Street, thence with said west line of South State Street in a southwesterly direction 329.94 feet to a point at a corner for this parcel and lands now or formerly of Linda DePalma, thence with said lands of DePalma South 83 Degrees 36 Minutes 01 Seconds West 169.84 feet to a point in line of lands of Delmarva Enterprises, thence with said lands North 14 degrees 45 minutes 47 seconds East 80.11 feet to a pipe set in line of lands now or formerly of George Rhoads, thence South 81 degrees 45 minutes West 300.7 feet to a corner for this parcel and lands of G. A. R. Incorporated, thence with said lands, North 12 degrees 15 minutes East 357 feet to a corner for lands of G. A. R. Incorporated, thence North 82 degrees 30 minutes East 273.7 feet to a point at a corner for lands of Hazel Hutchins, thence South 10 degrees 15 minutes West 61 feet to a corner for lands of Robert Moore, thence with said lands and lands of Louis Reiter South 80 degrees 58 minutes East 142.03 feet to the point and place of beginning. Together with the existing right-of way of South State Street, running from the southerly right-of way line of Wyoming Avenue southward to the easterly right-of way line of Route 13. Containing 5.351 acres +/-.
2. That the certified copy of the resolution copy of the resolution of annexation together with a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County.
3. That the above described area so annexed and included within the limits of the City of Dover shall be for all purposes beginning with the effective date of this resolution be a part of the City of Dover.
4. That the effective date of this resolution shall be the 9th day of August 1988 at 12:01 a.m. o’clock.
ADOPTED: August 8, 1988
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on July 26, 1988 at 7:00 p.m. with Chairman Christiansen presiding.
Proposal for Draft Ordinance - False Alarms - Robbins Hose Company
The committee considered an ordinance change relative to “False Alarms to Fire Company”, Section 14-3.6 of the City Code. Mr. Christiansen informed the committee that the amendment was suggested by himself and was not solicited by the Robbins Hose Company.
Mr. Christiansen stated that fire departments often have to respond to numerous false alarms which are activated by faulty equipment. He felt that a more stringent ordinance would substantially diminish this type of problem. He requested that the ordinance be amended to read similar to the ordinance on “ False Alarms to Police”, Section 14-3.5, with a penalty fee of $100.
The committee discussed the matter at length, with Mr. Roe voicing concerns with the possibility of institutions deactivating their alarm systems to avoid possible violations. A burglar alarm system that is deactivated will only effect the owner, but a deactivated fire alarm system could endanger the lives of many persons. Mr. Roe felt that the problem could be handled by better communications between the Fire Marshal’s Office and the Fire Department./ He suggested that the Fire Department leave a report with the dispatcher whenever they are called out due to a malfunctioned fire alarm and his department will follow through immediately.
The committee recommended no change to the ordinance at this time, but requested cooperation between the Fire Chief and Fire Marshal’s Office in enforcement of the present Code, with determination of violation coming from the Fire Marshal’s Office.
Petition - Alley Between E. Loockerman Street and N. Little Creek Road
The committee considered a petition from citizens requesting the City to abandon the alley between E. Loockerman Street and N. Little Creek Road, due to excessive traffic, loitering, and litter. This matter was referred to the Safety Advisory Committee and the Utility Committee.
Mr. Christiansen advised the committee that Council has approved the recommendation of the Utility Committee to make the alley one-way south. The committee took no further action but plans, during the next meeting, to consider the possibility of closing off E. Loockerman Street.
Mrs. Legates moved for acceptance of the Safety Advisory Committee Report as submitted, seconded by Mr. Lynn and unanimously carried.
PARKS AND RECREATION COMMITTEE
The Parks and Recreation Committee met on July 26, 1988 with Chairman Legates presiding.
Dedicated Open Space - Mifflin’s Run Subdivision
A request was received by First Flag, Inc. to dedicate 5.85 acres of woods for public open space in the proposed Mifflin’s Run Subdivision, pursuant to the City’s Subdivision Regulations. The Planner’s Office reported that the 5.85 acres of woods is a portion of mature woodlands situated on the east side of Mifflin Road, between the existing residential community along Mifflin Road and undeveloped industrial lands of the Walker Mifflin Estate.
The Planning Commission accepted the conceptual plan for the Mifflin’s Run residential subdivision and supports the Planner’s recommendation to require a cash donation by the developer in lieu of dedicated land. Since the wooded lands are currently protected as environmentally sensitive areas under the City Zoning Ordinances, there is no need to accept theses lands for dedicated open space. The cash donation would be equivalent to the appraised value of ten percent (10%) of the gross land area of the proposed subdivision. The cash donation would be used for the purchase of park land,. Playground or other recreational purposes which would benefit the property owners of the subdivision in the future.
Due to the additional strain placed upon the Grounds Division to maintain wooded poublic open space, and the need for cash donations to apply towards the purchase and development of a major West Dover Park to serve all residents on the west side of Dover, the committee recommended that a cash donation from the developer be required which would be equivalent to the appraised value of ten percent (10%) of the gross land area of the proposed subdivision.
Responding to a question by Mayor Richter, Mr. Roe stated his suggestion that the open space should be made a part of a homeowner’s agreement whereby the homeowners will be responsible for maintenance of the land. This can be accomplished through the Planning Commission and upon recording of the plot.
Mrs. Legates moved for acceptance of the committee’s recommendation. The motion was seconded by Mr. Daisey and carried by a unanimous roll call vote.
Offer to Donate Benches - Improved Order of Redmen of Delaware
The Redmen of Delaware offered to donate benches to the City and requested permission to place them on The Green, recognizing their organization.
Staff felt that the donation should be accepted, but due to the sensitivity of The Green area, it was suggested that the actual style, placement, amount of recognition, etc. be worked out with involved representatives.
The committee recommended approval of placement of the benches, stipulating that the actual style, placement, amount of recognition, etc. be worked out between Mr. Porter of the Redmen of Delaware, Councilman Legates, and a representative from the Friends of Old Dover.
Mrs. Legates moved for approval of the committee’s recommendation, seconded by Mr. Daisey and unanimously carried.
Urban Forestry Assistance - Delaware Department of Agriculture
Notice was received from the Delaware Department of Agriculture, Forestry Section, informing the City of their intent to provide Forestry Assistance to towns. They will be sponsoring the “Tree City USA” program.
The City has participated in the Urban Forestry Assistance Program in previous years and staff feels that the program is very worthwhile to the City of Dover. Upon review of the four standards necessary for Dover to qualify for “Tree City USA” recognition, it was staff’s opinion that Dover does not currently qualify for the recognition. Also, it was felt by staff that additional work is necessary for adopting a more detailed City tree ordinance and developing a more comprehensive community forestry program.
The committee felt that the programs are worthwhile and directed staff to continue working on a project towards City qualification for “City Tree USA” recognition in 1989.
Request for Remote Control Car Track
The Dover R/C’s (known as MODRACE) requested permission to utilize City property for the purpose of constructing a remote control car track. After detailed review by staff, it was suggested that a parcel of City owned land, located south of College Road and east of the railroad tracks, be utilized. The land houses a water storage tank and electric lines. A lease agreement would be necessary, entailing the use of a parcel of land not to exceed 150' x 150'.
The proposed lease agreement was reviewed by MODRACE officials, committee members and the City Solicitor. The committee recommended approval of the request to utilize City owned property for the purpose of constructing a remote control car track, as specified in the lease agreement.
Mrs. Legates moved for approval of the committee’s recommendation for authorization of the City to enter into an agreement with MODRACE as specifically outlined in the lease agreement (on file in the City Clerk’s Office). The motion was seconded by Mr. Daisey and carried by a unanimous roll call vote.
Udall Trust Fund Bill (H.R. #4127 and S.B. #2199)
The Udall Trust Fund Bill (H.R. #4127) and a similar Senate Bill (S.B. #2199) has been introduced into Congress. The State Division of Parks and Recreation is requesting support for these Bills in forms of letters, resolutions, etc. to our congressional representatives. The Bills would establish a trust fund for conservation, recreation and historic preservation, that in time, would guarantee a minimum of $1 billion annually and could mean up to $2 million annually to Delaware.
Noting the importance of the Bills to the City of Dover, the committee recommended approval of resolutions, with appropriate cover letters, to be sent to Delaware’s U.S. Representative and Senators in support of H.R. #4127 and S.B. #2199.
By motion of Mrs. Legates, seconded by Mr. Christiansen, Council approved the committee’s recommendation and unanimously approved the following resolutions:
WHEREAS, the Udall Trust Fund Bill, H.R. #4127 establishes a “Trust Fund” for conservation, recreation, and historic preservation; and
WHEREAS, this fund, in time, could mean up to $2 million annually to the State of Delaware; and
WHEREAS, the residents of Dover have benefitted tremendously in previous years from the Land & Water Conservation Fund which has aided the City in making improvements such as ; lighting ballfields, resurfacing sports courts, and installing children’s play equipment in six parks throughout Dover; and
WHEREAS, since 1979 Dover has received $52,000 in Land & Water Conservation Fund monies which, when combined with our local match has resulted in capital improvements to our park system in excess of $100,000; and
WHEREAS, in these times of rapid urban expansion, concerns for quality of life, demand for local park and recreation areas, and the need for historic preservation, it is crucial for local governments to have a constant and reliable funding source to help meet the growing demand for adequate parks, open space, and facilities; and
WHEREAS, a dedicated trust fund such as the one called for in the Udall Trust Fund Bill, H.R. #4127 would do just that by providing a dependable and self-sustaining source of yearly funding to state, county, and local governments.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council of the City of Dover strongly support the Udall Trust Fund Bill, H.R. #4127.
2. The City Clerk in hereby directed to send copies of this Resolution to Delaware’s U.S. Representative and other appropriate members of the United States Legislature.
3. The Mayor and Council direct the City Clerk to make the Resolution a part of the permanent records of the City of Dover.
ADOPTED: August 8, 1988
WHEREAS, the American Heritage Trust Act of 1988, S.B. #2199 establishes a “Trust Fund” for conservation, recreation, and historic preservation; and
WHEREAS, this fund, in time, could mean up to $2 million annually to the State of Delaware; and
WHEREAS, the residents of Dover have benefitted tremendously in previous years from the Land & Water Conservation Fund which has aided the City in making improvements such as; lighting ballfields, resurfacing sports courts, and installing children’s play equipment in six parks throughout Dover; and
WHEREAS, since 1979 Dover has received $52,000 in Land & Water Conservation Fund monies which, when combined with our local match has resulted in capital improvements to our park system in excess of $100,000; and
WHEREAS, in these times of rapid urban expansion, concerns for quality of life, demand for local park and recreation areas, and the need for historic preservation, it is crucial for local governments to have a constant and reliable funding source to help meet the growing demand for adequate parks, open space, and facilities; and
WHEREAS, a dedicated trust fund such as the one called for in the American Heritage Trust Act of 1988, S.B. #2199 would do just that by providing a dependable and self-sustaining source of yearly funding to state, county, and local governments.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council of the City of Dover strongly support the American Heritage Trust Act of 1988, S. B. #2199.
2. The City Clerk in hereby directed to send copies of this Resolution to Delaware’s U.S. Representative and other appropriate members of the United States Legislature.
3. The Mayor and Council direct the City Clerk to make the Resolution a part of the permanent records of the City of Dover.
ADOPTED: August 8, 1988
Delaware Water Ski Federation - Request to Use Silver Lake for First State Championship
The committee considered a request from the Delaware Water Ski Federation to utilize Silver Lake for the First State Championship Tournament on September 17, 1988. In order to grant the request, some regulations would have to be waived, such as a license or permit for the boat and allowing the use of in-board boats which have high horsepower engines.
The request was reviewed by the Silver Lake Commission. A letter was received from the Commission recommending approval of the request, stipulating coordination of the even through the Police Chief and the Community Services Director.
The committee recommended approval of the request to utilize Silver Lake for the First State Championship Tournament on September 17th (rain date of September 18th), stipulating that coordination of the event and its activities be conducted through, and with the approval of, the Police Department and Community Service Department regarding public use of the lake during this event.
Mrs. Legates moved for approval of the committee’s recommendation, seconded by Mr. Hall and unanimously carried.
Regarding proof of insurance , Mr. Christiansen suggested that the City Manager verify the necessary proof of insurance prior to the event. It was noted by Mayor Richter that approval of the motion also waives certain regulations governing use of the lake.
By motion of Mr. Weyandt, seconded by Mr. Lynn, the Parks and Recreation Committee Report was accepted as submitted.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on August 2, 1988 with Chairman Weyandt presiding.
Dover Parking Authority - Shared Tax Revenue
A request from the Dover Parking Authority was considered by the committee for approval of a resolution that would authorize a payment to the Authority from the City of approximately $48,000 per year for six (6) years. This amount was determined by calculating a 40% tax credit to those persons owning property in the core area of what could be a Benefit Tax District. Since the creation of a Benefit Tax District is prohibitive, the Parking Authority requested that the City allow them direct use of the 40% tax abatement funds to be used towards development of parking facilities in the downtown area. The Parking Authority is in the process of acquiring needed properties for a parking facility in the southwest quadrant and the resolution is needed for bonding purposes as security against the Authority’s debt obligations.
The committee reviewed in detail all aspects of the request, which included financial information and public input from residents living in close proximity to the proposed parking facility. The committee tabled action on the request until a special meeting could be held between the Legislative and Finance Committee and the Dover parking Authority.
A special meeting was held at 6:00 p.m. on August 8, 1988 where the request was again considered. The committee considered approval of two resolutions: Resolution #1 which relates to the payment of approximately $48,000 per year for six (6) years, and Resolution #2 which states that the City will not issue bonds for more than $5,000,000 during the calendar year 1988.
The committee recommended approval of Resolution #1 and #2.
Mr. Weyandt moved for approval of Resolution (#1) which relates to the payment of approximately $48,000 for six (6) years to the Dover Parking Authority. The motion was seconded by Mr. VanSant. The following Resolution was read into the record by Mr. Weyandt:
“RESOLUTION AUTHORIZING THE MAYOR TO SIGN AGREEMENT COMMITTING TO AN ANNUAL SUBSIDY OF THE DOVER PARKING AUTHORITY:
WHEREAS, the Council of the City of Dover wishes to provide financial assistance to the Dover Parking Authority to assist in acquiring, improving and maintaining parking facilities within the City pursuant to the Agreement attached hereto as Exhibit A;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor is authorized, on behalf of the City to sign the Agreement with the Dover Parking Authority attached hereto as Exhibit A (the “Agreement”).
2. The City acknowledges that its payments under the Agreement will be pledged by the Authority to secure the Authority’s obligations issued to finance the acquisition of parking facilities and that the holders of the Authorities obligations will be relying on the City’s commitment under the Agreement.”
Mr. Hall requested that his letter to members of Council, dated July 27, 1988, be read into the record:
The following letter was read into the record by the City Clerk:
“Dear Fellow Council members:
I have a growing concern over the parking authority’s current plan to develop the property just off of the corner of State and Water Streets, and what appears to be an uncompromising disregard for the obligations of the residents of the area.
I think we must consider what the project does or does not do for the City of Dover:
1. It does not address the needs of one of the mayor’s and council’s priorities, the reviving of the Loockerman Street section of downtown Dover.
2. It threatens the integrity of the designated historic area of the City.
3. It is in contravention to the recommended priorities of Urban Partners.
4. It places us, as representatives of the citizens of Dover, in a very serious moral dilemma if, in the unfortunate event, the authority should default its obligations.
I am certain that there are other, more suitable locations in the City for a single or multi-level parking facility. I would further emphasize that at one point, I understand, discussions about a multi-level parking facility broke down because the per parking space cost was too expensive, approximately $8,000.00. If the latest figures presented to me, $1,600,000 to develop approximately 200 ground level parking spaces, are accurate, the cost is the same. I feel the parking authority can do more with the monies entrusted to them by those who purchase their bonds and the citizens of Dover, who have so far supported the authority by giving them the City’s current parking lots and by any future funding which may be forthcoming through the City budget. I would like to have the opportunity to have these alternatives discussed before the planning of this project has gone too far to be reversed.
I realize the nature of the quasi-autonomy of the parking authority, however, I urge the Mayor and Council to exercise what influence may exist to convince the authority to slow down this process and listen to the community suggest other possibilities.
Sincerely yours,
Charles N. Hall, Jr.
Councilman”
Mr. Hall further stated his concern with approving the requested expenditures to the Parking Authority without input from Council relative to their plans. He stated that approval of the expenditure would be an endorsement by Council for their proposal to construct a parking facility at the Water/State Street lot.
Mr. Daisey voiced no objection to approval of the six year commitment, but stated his concern with the location of the proposed parking facility at Water and State Streets. He stated that the cost factor is not in line with Council’s priorities or with the downtown study, and that the facility would benefit the State and County more than the City of Dover.
Mr. VanSant reminded members of Council that their function is to consider funding the request as outlined in the Resolution. The proposed location of the parking facility is the responsibility of the autonomous Parking Authority. He stated that if Council is going to determine the location of proposed parking facilities, then the Authority may as well be abolished so that Council can establish and manage parking in the City of Dover.
Mr. Lynn called for the question on the motion. By a roll call vote to approve the resolution, the motion was unanimously defeated.
Regarding the passage of Resolution #2, which assures that the City will not issue bonds for more than $5,000,000 during the 1988 calendar year, Mr. Karia suggested that the Resolution be passes since it will be needed in the event a new funding plan is agreed upon for the Parking Authority. The Resolution is a requirement for every bond issue, in accordance with Section 265(b) of the Internal Revenue Code of 1986.
By motion of Mr. Weyandt, seconded by Mr. VanSant, Council passed the following resolution by a unanimous roll call vote:
WHEREAS, the City Council has previously indicated by resolution dated March 14, 1988 that it did not reasonably anticipate issuing more the $5,000,000 of obligations of the City of Dover during calendar year 1988 which included the issuance of the $2,000,000 City of Dover General Obligation Bonds Series 1988 in April 1988 (the “Bonds”); and
WHEREAS, the Dover Parking Authority contemplates issuing $920,000 Parking revenue Bonds (the “Parking Revenue Bonds”) in September 1988 which when issued will be aggregated with the City of Dover’s issuance of obligations;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET, that for the purpose of Section 265(b) of the Internal Revenue Code of 1986, the City Council hereby finds that it does not reasonably anticipate issuing obligations of the City during calendar year 1988 which exceed $5,000,000 including the Bonds and the Parking Revenue Bonds. The City Council further acknowledges that the Dover Parking Authority will designate the parking Revenue Bonds as “qualified tax exempt obligations” for the purposes of Section 265(b) (3) (B) of the Internal Revenue Code of 1986.
ADOPTED: August 8, 1988
Request for Donation Towards Travel Expenses for Cultural Delegation - Sushmita Dutt
Mrs. Suchmita Dutt requested a donation from the City in the amount of $5,000 to be used towards travel expenses for a cultural delegation from Bombay, India who will provide entertainment in the City of Dover. She stated her feeling that Dover is lacking in cultural entertainment for its citizens.
The committee noted that such an expenditure was not budgeted and that the funds are not available. It was, therefore, recommended by the committee that the request be denied. It was further recommended by the committee that future budgets plan for the funding of performing arts and cultural activities through the Community Services Department.
Mr. Weyandt moved to accept the committee’s recommendation for denial of the request for a $5,000 donation, seconded by Mr. VanSant and unanimously carried.
Mr. Weyandt moved to accept the committee’s recommendation that in future budgets, the Community Services Department budget for the funding of performing arts and cultural activities. The motion was seconded by Mrs. Legates and unanimously carried.
Bid- Senior Surrey Bus
Bids were accepted for a 1989 Ford Senior Surrey Bus with a diesel engine. The cost of the bus is funded 100% by the State of Delaware. Of the two bids received, only one met the City’s specifications. The qualified bid was received from Chesapeake Bus and Equipment Company in the amount of $30,018.
The committee recommended that the bid be awarded to Chesapeake Bus and Equipment Company in the amount of $30,018.
Mr. Weyandt moved for approval of the committee’ recommendation to award the bid, in the amount of $30,018, to Chesapeake Bus and Equipment Company. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.
Community Development Advisory Committee
In accordance with requirements of Section 508 of the Housing and Community Development Act of 1987, Mayor Richter submitted a list of five (5) persons for appointment to the Community Development Advisory Committee. The committee recommended approval of the following appointments:
Elizabeth Lee - 430 Kings Highway, Apt. C-17
George Sorden - 8 S. Queen Street
Alex Schwan - 407 Kent Avenue
Charles Cooper - 627 W. Division Street
Dr. George Kent - 265 Merion Road
Mr. Weyandt moved for approval of the appointments as recommended by the committee , seconded by Mr. Daisey and unanimously carried.
Personnel Structure (Mr. Levitt)
A proposal to improve City government was submitted to the committee by Councilman Levitt. He suggested that Council study the present table of organization, feeling that the City manager should maintain all operations of the City. Mr. Levitt suggested the appointment of a sub-committee to review his ideas for a report back to the committee.
The committee directed the City Manager to prepare a list of persons to serve on the committee, for review by the Legislative and Finance Committee at their next meeting.
Council District Boundaries (Mr. VanSant)
Councilman VanSant informed committee members that his original draft of the recently realigned Council District boundaries included Taylor Drive, Brown Street, Ann Avenue, and Virginia Avenue as a part of District #4. However, during revisions, the final draft failed to depict this boundary line, leaving the streets as a part of District #3. Since the population calculations included the streets as part of District #4, Mr. VanSant suggested that the boundary line be altered to include the four streets as originally planned.
Members of the committee expressed their desire to leave the district boundaries as they presently exist, at least until the 1990 census when the City must consider realignment. Mr. VanSant withdrew the proposal.
Zoning and Annexation policy (Mr. Weyandt)
The City Planner was directed to review a concept suggested by Mr. Weyandt that would regulate the zoning category of newly annexed properties to ensure the zoning consistency of the area to surrounding property owners. The Planner will report on this matter at a future Legislative and Finance Committee meeting.
Locksmith Services (Solicitor Rodriguez)
The committee directed the Solicitor to review the City’s practice of providing free lockout services to its citizens. A question was raised as to the legality of a municipality providing this service free of charge since it could deprive professional locksmiths of the business.
Mr. Rodriguez reported that many cities provide this service for its citizens and equate it with any other service in which the police department assists its citizens. He stated that it is only a matter of time before most cars will be designed so as to prohibit unlocking with the current tools available. In the interim, he could see no legal problem with continuing the service.
The committee recommended that receipt of the opinion be acknowledged, with no further action being taken at this time.
Discussion - Implementation of transfer Tax
Stemming from a possible problem with implementation of the newly adopted transfer tax, the committee recommended that the ordinance relative to the effective date, Section 19.5-27 of the City Code, be amended to reduce the number of days from 180 to 210 days for existing, previously occupied units, unless waived by the City.
Mr. Weyandt moved for approval of the Committee’s recommendation, seconded by Mr. Lynn. By a unanimous roll call vote, the following ordinance was adopted:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Code is hereby amended by deleting Section 19.5-27 in its entirety and by inserting a new Section 19.5-27 to read as follows:
Section 19.5-27 - Effective Date
This Ordinance shall become effective July 1, 1988; provided, however, it shall not apply to transfers contracted for prior to the effective date of this Ordinance if evidence of the existence of such contracts is given in writing to the Treasurer and Recorder of Deeds at the time of recording of the deed. This exemption shall expire on October 1, 1988 for all existing, previously unoccupied units; unless waived by the City Treasurer.
ADOPTED: August 8, 1988
Mobile Home Permit Penalty Fees
In accordance with Section 12-2 of the City Code, the Inspections Department presently charges a 1% penalty for mobile home permits that are not renewed by August 1st. The cost of the permit is $30, therefore, a penalty fee of 1% is insufficient to cover the postage to mail the late notices. Mr. Roe suggested that the penalty fee be increased to 10%.
The committee recommended amending Section 12-2, paragraph (b), to increase the penalty fee from 1% to 10% for all mobile home permits that are not renewed by August 1st.
Mr. Weyandt moved for approval of the committee’s recommendation, seconded by Mr. Lynn. By a unanimous roll call vote, Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Code is hereby amended by deleting Section 12-2 (b) in its entirety and by inserting a new Section 12-2 (b) to read as follows:
(b) Such licenses shall be obtained and the license fee paid by July first of each year and if such fee is not paid before August first of such year, then in addition to any penalty incurred pursuant to section 1-10 of this Code, a penalty fee of ten percent per month shall accrue on the unpaid balance of the license fee.
ADOPTED: August 8, 1988
Review of Employee Handbook for Routine Terminology Revisions
Stemming from questions raised concerning terminology in the Employee Handbook, the committee directed the City Manager to review the handbook for areas that need more explicit language. The City Manager submitted recommended terminology changes to pages 31, 32, D-3, D-5, and E-2 (as on file in the Office of the City Clerk). The recommended changes do not change the substance of the material, but only removes the ambiguity. The Employee Handbook will be fully updated and reprinted within the next year. The City Manager suggested that the changes by approved for inclusion in the next printing of the Handbook.
The committee recommended approval of the language changes to the Employee Handbook as submitted.
Mr. Weyandt moved for approval of the committee’s recommendation, seconded by Mr. Lynn and unanimously carried.
Ordinance - Skateboard Ramps
The committee considered an ordinance, prepared by the City Solicitor, relative to the regulation of skateboard ramps. The Solicitor was directed by the committee to prepare the ordinance some time ago. In order to remove this matter from a list of pending agenda items, Mr. Weyandt requested that the committee take action on the ordinance.
During discussions, Mr. Christiansen stated that it appears that the original problem has taken care of itself since the skateboard ramp in question is now rarely used. Although the ramp that Mr. Christiansen referred to is not being used, Mrs. Legates suggested that the committee take action on the matter to avoid similar situations in the future.
A motion was made by a member of the committee to recommend approval of the ordinance regulating the use of skateboards ramps. The motion failed for lack of a second.
Based upon the inability of the committee to make a recommendation on the proposed ordinance, Mr. Weyandt moved for approval of the ordinance regulating the use of skateboard ramps, seconded by Mrs. Legates.
Mr. Christiansen stated his objections to the motion, feeling that the matter must be recommended for Council action by the committee before Council can take action.
Mayor Richter stated that the ordinance was listed as a Council agenda item and he could see no reason why Council should not be able to act upon it.
Mr. VanSant stated that Council referred the ordinance to the committee for their review and recommendation. The committee was unable to make a recommendation and this information was brought before full Council as a part of the Legislative and Finance Committee’s report. He further stated his opinion that Council has every right to accept or reject the recommendation of its committees.
Responding to a question by Mr. VanSant, Chief Hutchison stated that the proposed ordinance fills a void which presently exists regarding the regulation of skateboard ramps. The City Manager stated that a complaint was just recently received of a skateboard ramp being constructed and the citizen questioned the status of the proposed ordinance. Mr. Hall stated his feeling that the City shald have an ordinance that gives the City the authority to enforce citizen safety relative to this issue.
Mr. Christiansen reiterated his objections to the motion, stating his opinion that the ordinance is unnecessary.
Mr. Lynn called for the question on the motion. By a roll call vote of seven (7) yes, one (1) no (Mr. Christiansen), the following ordinance was adopted:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: