REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on March 25, 1985 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Tudor, Boaman, Bulley, Christiansen, Witt, Weyandt and Shevock.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mayor Carroll requested an additional agenda item under correspondence concerning an alteration in programing with General Television.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 11, 1985
The Minutes of the Regular Council Meeting of March 11, 1985 were unanimously approved by motion of Mr. Witt, seconded by Mr. Bulley and bore the written approval of Mayor Carroll.
PUBLIC HEARING - REZONING OF PROPERTY 1,2001 NORTH OF-STATE COLLEGE ROAD ON MCKEE ROAD - BRUCE AND T. NOBLE JARRELL
A public hearing was duly advertised for this time and place to consider rezoning property 1,200' north of State College Road on McKee Road, owned by Bruce and T. Noble Jarrell.
Mayor Carroll declared the hearing open.
Mr. Frank Ford, owning the property adjacent to the old Railway Express Building (the property to be rezoned) was present to voice his objections related to changing the zoning from R-20 to C-3. Mr. Ford noted that a C-3 zoning would allow businesses that would be undesirable to a predominately residential area. He also pointed out a petition that was submitted containing 32 signatures of property owners objecting to a C-3 zoning.
Questioned by Mr. Boaman, Mr. Roe stated that the person who is planning to occupy the property plans a warehouse, but after zoning to C-3 the facility could become a gas station or other uses under the C-3 category. If the use of the facility was changed from a warehouse, then it would be necessary for the owner to apply to the Planning Commission for Site Plan approval.
Mr. Roe also advised Council that Mr. Ford's petition represents 20% of the property owners in the area; therefore, a 3/4 majority vote is required by Council to change the zoning.
Mr. Bruce Jarrell, owner of the property with his brother Jerry, stated that he has been approached by many other individuals wishing to place a small business in the facility but has resisted leasing the property since the businesses that were suggested were unacceptable. The use of the property as a warehouse did seem to be compatible with the surrounding area since it would be a small business and would not involve a lot of truck or pedestrian traffic.
Mr. Bill Gleason, who plans to rent the facility, advised that the building has been empty for quite some time and has deteriorated to the point that it has become an eyesore to the neighborhood. The business planned for the facility is a wholesale distributor of giftware. He felt that only one truck per month would be visiting the facility with daily UPS pickups. The business would be open from 8:00 a.m. to 5:30 p.m. Mr. Gleason felt that the restoration planned for the building would help the neighborhood rather than hinder it.
Mr. Weyandt inquired as to whether the business could be put in a category of nonconforming use.
Mr. Roe did not recommend this particular action since the Zoning Ordinances would have to be amended, making a warehouse a conditional use in a residential zone.
Mayor Carroll declared the hearing closed, noting that the petition submitted by Mr. Ford would be made a part of the record.
Mr. Bulley moved to deny the rezoning application from R-20 to C-3, seconded by Mr. Weyandt.
Mr. Shevock noted that the property and the building was annexed by the City from the County and that it is unfortunate that the present facility cannot be utilized for some type of acceptable use. The abandoned building is creating an undue hardship on the owner.
Mr. Boaman stated that he could not see how the City could tax the property owner for the facility and not allow him some type of use to gain an income from his investment.
Mayor Carroll suggested that Council could table the rezoning until such time that Mr. Roe, in conjunction with the City Solicitor, could investigate a method that would allow some type of use for the facility.
Mr. Richter moved that the rezoning be tabled for time to investigate some vehicle that would allow a use of the facility. The motion was seconded by Mr. Weyandt and carried by a vote of six (6) yes, two (2) no (Mr. Tudor and Mr. Witt).
Mr. Roe stated that he would meet with City Solicitor Rodriguez and present a report to Council at the next Regular Meeting.
PUBLIC HEARING - REZONING OF 1674 - 1682 N. DUPONT HIGHWAY - HEATHERWOOD, INC. AND RUTH PORTER
A public hearing was duly advertised for this time and place to consider rezoning 1674 - 1682 N. duPont Highway, owned by Heatherwood, Inc. and Ruth Porter.
Mayor Carroll declared the hearing open.
There was no one present to speak for or against the rezoning and no correspondence.
Mayor Carroll declared the hearing closed.
By motion of Mr. Christiansen, seconded by Mr. Bulley, Council by a unanimous roll call vote, 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 1674 - 1682 N. DUPONT HIGHWAY.
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-3 to RG-2.
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-3 to RG-2 on that property located at 1674 - 1682 N. duPont Highway, owned by Heatherwood, Inc. and Ruth Porter.
ADOPTED: MARCH 25, 1985
PUBLIC HEARING - REZONING - 1684, 1690 & 1698 NORTH DUPONT HIGHWAY - WEBB, DRURY, GREGG AND BRAMBLE TRANSPORTATION COMPANY
A public hearing was duly advertised for this time and place to consider rezoning property located at 1684, 1690 and 1698 N. duPont Highway, owned by Karl & Jacqueline Webb, Thomas & Dolores Drury, Evan & Agnes Gregg and Bramble Transportation Company.
Mayor Carroll declared the hearing open.
There was no one present to speak for or against the rezoning and no correspondence. Mayor Carroll declared the hearing closed.
By motion of Mr. Weyandt, seconded by Mr. Witt, Council by unanimous roll call vote, 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 1684, 1690 & 1698 NORTH DUPONT HIGHWAY.
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 R-20 to C-4 and RG-2.
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 R-20 to C-4 and RG-2 on that property located at 1684, 1690 and 1698 North duPont Highway, owned by Karl & Jacqueline Webb, Thomas & Dolores Drury, Evan & Agnes Gregg and Bramble Transportation Company.
ADOPTED: MARCH 25, 1985
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on March 12, 1985 at 3:30 p.m. with Chairman Witt presiding.
Public Address System - The Green
In consideration of a public address system on The Green, the committee, during their meeting of February 12, 1985, requested staff to submit a cost of the project.
Staff reported to the committee a proposal that would place four poles with speakers on the corners of The Green, stating that all wiring would be underground except that portion traversing S. State Street. The total cost of the project would be $4,200.
Noting that the poles to be utilized involved a cost of $2,000, the committee recommended that staff review the possibility of using older standards that have been removed from around Legislative Hall.
Mr. Witt advised that since the committee meeting, Mr. Tudor had contacted him offering to furnish the necessary standards for the speaker system. This will be further discussed at the next Parks and Recreation Committee meeting.
Capital Improvements Plan - Rescheduled Funds from Silver Lake Park Area
Prior to acceptance of the Parks and Recreation Capital Improvements Plan, the committee suggested that the City Manager reschedule the funds, deleting basketball courts in the Silver Lake Park Area.
The City Manager recommended that the 1986/87 improvements to Silver Lake Park in the amount of $2,100 be moved up to 1985/86 and combined with the existing $3,000 improvements planned in the park area. The basketball courts will be eliminated and improvements to Mayfair park will be moved up one year and combined with the 1985/86 improvements schedules, thereby making Mayfair Park a one year project costing $9,470. The total cost of the basketball courts at Silver Lake would have amounted to $15,000.
The committee recommended approval of the Parks and Recreation Capital Improvements Plan as amended.
Mr. Witt moved for approval of the recommendation, seconded by Mr. Christiansen and carried by a roll call vote of seven (7) yes (Mr. Boaman absent).
By motion of Mr. Witt, seconded by Mr. Christiansen, the Parks and Recreation Committee Report was approved as submitted.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on March 12, 1985 at 3:45 p.m. with Chairman Witt presiding.
Curb Depression - S. Governors Avenue Parking Lot - James Vaughn, Representinp Eugene Moore
Mr. Witt advised that the above item was deferred to afford Mr. Moore an opportunity to investigate an access to his lot off of Reed Street.
Traffic Signals -W. Division Street and Ridgely Street -Flashing Lights at S. Governors Avenue and North Street on Sundays - Bill Satterfield
Mr. Witt stated that it would not be necessary to take any action on this item since there was no recommendation to change the traffic lights at S. Governors Avenue and North Street and the flashing light on W. Division Street and Ridgely Streets has been repaired and is operating.
Leonard Taylor - Placement of Signs - Truck Traffic on Edgehill Avenue
Although Council had approved signs near the intersection of N. Edgehill Avenue and Maple Lane to deter truck traffic on N. Edgehill Avenue, Mr. Leonard Taylor further requested that signs be placed on Spring Garden Avenue and East Division Street.
Mr. Witt stated that the committee took no action, advising Mr. Taylor that the truck traffic on N. Edgehill Avenue will be monitored and if additional signs are necessary, the committee will further consider the matter.
Mr. Witt moved for approval of the Safety Advisory Committee Report as submitted, seconded by Mr. Bulley and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on March 13, 1985 at 7:30 p.m. with Chairman Richter presiding.
Route #8 Water Distribution Line Proiect
Mr. Richter noted that the Department of Transportation has plans to improve State Route #8 from Mifflin Road to Forest Street and Division Street during fiscal year 1985/86. This will require that the City's existing water lines be relocated due to the reconstruction of Route #8. This will also permit the City to upgrade some of the existing water lines. The cost of relocating the water lines will be borne by the Department of Transportation but the City will pay any costs involved in the upgrading of existing lines.
Mr. Richter advised that the funding of the project will be derived from 1984/85 and 1985/86 Capital Improvements Funds, coupled with the relocation funds of the Department of Transportation of the State of Delaware.
Mr. Richter moved for approval of the concept of upgrading and relocating ' water mains on Route #8, seconded by Mr. Weyandt and carried by a roll call vote of six (6) yes, (Mr. Boaman absent and Mr. Shevock abstaining).
Sewer Project - Puncheon Run, Route #8 and Saulsbury Road
Staff advised the committee that the key item in designing a sewer line to serve Route #8 is to find an existing line with adequate depth. The needed depth was found at the recently completed Puncheon Run project. The line could be designed from Puncheon Run through the Mifflin property which would require right-of-way, and over to Route #8, serving areas on Route #8, Independence Boulevard, and north to the present City limits. Since the line would be gravity fed, it could delete the Presidential Courts pumping station. The proposed sewer line would be 18" in diameter.
Mr. Richter stated that the funds for the project would be derived from the 1984/85 and 1985/86 Capital Improvements Plan.
Mr. Richter explained that this would involve changing the Capital Improvements Plan and the committee recommended that staff further study the proposed sewer line and report their findings to the committee at a later date.
Acceptance of Streets and Utilities - Greens of Dover, Section II - Green Blade Drive and Old Flint Circle
The developer of The Greens of Dover, Section II, has requested that streets and utilities within the subdivision (Green Blade Drive and Old Flint Circle) be accepted for maintenance and ownership by the City of Dover. City staff has inspected the improvements and provided the developer with a list of repairs which have been completed. A one year maintenance agreement and bond has been executed and release from liabilities to the City has been signed with as-built drawings submitted.
The committee recommended acceptance of the streets and utilities.
Mr. Richter moved for approval of the committee recommendation, seconded by Mr. Bulley and carried by a unanimous roll call vote.
Capital Improvements Plan - Utilities
The Utility Capital Improvements Plan included an item that would install the necessary equipment on pumping stations to initiate chlorine treatment in case the City of Dover water becomes contaminated. The equipment would only be a precautionary measure and chlorine utilized only in an emergency situation wherein City water became contaminated.
Mr. Richter stated that the committee fully reviewed all items in the Utility Capital Improvements Plan and recommended adoption with the exception of the funds allocated for stand-by chlorine equipment on pumping stations. This item is contained on page 31 of the Capital Improvements Plan.
Mr. Richter moved for approval of the utility section of the Capital Improvements Plan as amended, seconded by Mr. Bulley and carried by unanimous roll call vote.
Coal Conversion - Update Discussion
Mr. Richter reported committee discussion on the feasibility of coal conversion at McKee Run Power Plant. A meeting will be held after the Legislative and Finance Committee meeting of April 1, 1985 to further discuss the matter. He also noted that each Councilman should have a copy of the report prepared by the Electric Director, Mr. Darte. The report will be considered during the April meeting after review by members of Council. It is his wish that Mr. Darte's study will result in a decision by the members of Council.
PPM Hazardous Use Permit Letter Supporting the Town of Cheswold's Objections
After referral to the Utility Committee by Council, Mr. Richter advised that the committee recommended that a letter be sent by the City Manager to support the Town of Cheswold's objections to the location of a PCP reduction plant on Route #13 just south of Bishops Corner.
Mr. Richter moved for approval of the Utility Committee Report as submitted, seconded by Mr. Weyandt and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on March 25, 1985 at 4:00 p.m. with Chairman Boaman presiding.
City Insurance Coverage - Hardesty Agency - Johnson & Higgins, Broker
Mr. Boaman reported that Mr. Ken Morley of Johnson & Higgins from Wilmington, Delaware was present at the committee meeting to make a presentation concerning the City of Dover's insurance coverage. Also present was Mr. Ralph Lord of the Hardesty Agency, the City's present broker of record.
The committee discussed the City's insurance coverage at length and were advised that insurance rates are on the rise and the market is very difficult at this time.
Mr. Boaman stated that the committee expressed concern over the possibility of the increased cost in premiums to the City and therefore recommended that the City Manager send bid proposals to all direct writing companies' brokers and agents; said proposals to be mailed within thirty (30) days.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Shevock.
Mr. Boaman stated that his was the lone dissenting vote on the committee recommendation because he felt that the present broker of record has performed in the best interest of the City. By sending out bid proposals, City staff will be spending a lot of time analyzing the proposals and since the insurance coverage of the City is quite comprehensive and technical, he felt that this was a serious burden for staff to carry. It was his opinion that the City should use the technical expertise of the broker of record, the Hardesty Agency, to acquire the best insurance package for the City.
Mr. Weyandt stated that the committee's recommendation for bid proposals to brokers, agents, and direct writing companies was for the purpose of putting the City's insurance business on a competitive basis. He could see no difficulty in staff analyzing and recommending the best insurance package for the City.
Mr. Shevock advised that information to the committee indicated that the insurance premiums to the City might increase anywhere from 50% to 100%. With this information in hand, the committee felt it necessary to place the City's insurance coverage on a competitive basis.
By a roll call vote of seven (7) yes, one (1) no (Mr. Boaman), the City Manager was authorized to mail bid proposals on the City's insurance coverage as recommended by the Legislative and Finance Committee.
Truck Bids - Public Works Department
The committee was advised that bids were opened on a refuse truck, two dump trucks, and a dump truck with removable sides. The total cost of the purchase is $208,223.91. Included in the total purchase price is a hydraulic container attachment which costs $2,263. M & L GMC Trucks, Inc. of Federalsburg, Maryland was the low bidder.
The Legislative and Finance Committee recommended approval of the purchase, with funds being derived from the 1984/85 fiscal year.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt and carried by a unanimous roll call vote.
Purchase of Dump Truck and Refuse Truck - 1985/86 Fiscal Year Budget
The committee recommended the purchase of an additional dump truck and one refuse truck in the amount of $106,573.91, with funds being derived from the 1985/86 fiscal year budget. Mr. Boaman explained that this bid is a piggybank bid on a proposal submitted by M & L GMC Trucks, Inc. of Federalsburg, Maryland, that submitted the aforementioned bid covering one refuse truck, two dump trucks, and a dump truck with removable sides.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Shevock and carried by a unanimous roll call vote.
1985 General Obligation Bond Issue - Library/Storm Sewer Professional Services
Mr. Boaman advised that on December 11, 1984, the referendum for the library expansion was approved involving a bond issue of $300,000. The 1985/90 Capital Improvements Plan includes an amount of $351,500 for storm sewer projects over a period of three years. The library and storm sewer projects will be financed by a general obligation bond issue which will require the services of a financial advisor and bond counsel.
The City now has under contract for the 1984 Water and Sewer Revenue Bond Issue the professional services of Government Finance Associates of Princeton, New Jersey as financial advisor and Potter, Anderson and Carroon of Wilmington, Delaware as bond counsel.
The committee recommended that the City Manager be authorized to negotiate and acquire the services of Government Finance Associates as financial advisor and Potter, Anderson and Carroon as bond counsel for the 1985 General Obligation Bond Issue which will cover the library and storm sewer professional services.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt and carried by a unanimous roll call vote.
Mr. Boaman moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Bulley and unanimously carried.
MONTHLY REPORTS - FEBRUARY
By motion of Mr. Weyandt, seconded by Mr. Christiansen, the following monthly reports were approved as submitted:
Chief of Police Report
Building Inspector and Fire Marshal Report
City Alderman Report
City Manager Report
J.P. Court #7 Report
General Fund, Cash Receipts Report
General Fund, Budget Report
Water/Sewer Fund, Revenue Report
Water/Sewer Fund, Budget Report
Inter-Governmental Service Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue Report
Electric Revenue Fund, Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
REZONING REQUEST - LAND ON EAST SIDE OF NEW BURTON ROAD/S. QUEEN STREET - MABEL S. GRIFFITH AND EUGENE G. & MARLENE G. AUEN
A request was received to rezone land located on the east side of New Burton Road/South Queen Street, owned by Mabel S. Griffith and Eugene G. & Marlene G. Auen.
Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Witt, seconded by Mr. Christiansen, Council unanimously adopted the following resolution:
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located on the east side of New Burton Road/South Queen Street are presently zoned for RG-1 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on April 22, 1985 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to RG-O that property located on the east side of New Burton Road/South Queen Street, owned by Mabel S. Griffith and Eugene G. & Marlene G. Auen.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: MARCH 25, 1985
REZONING REQUEST - 589 N. DUPONT HIGHWAY - JAMES H. AND HAZEL M. SAPP
A request was received to rezone property located at 589 N. duPont Highway, owned by James H. and Hazel M. Sapp.
Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Witt, seconded by Mr. Shevock, Council unanimously adopted the following resolution:
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located at 589 N. duPont Highway are presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on April 22, 1985 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to C-4 that property located at 589 N. duPont Highway, owned by James H. and Hazel M. Sapp.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: MARCH 25, 1985
REZONING REQUEST - 7.8583 ACRES OF LAND LOCATED NORTH OF RIVER ROAD BETWEEN C-4 LAND OF MAX AMBACH AND CENTRAL DIVISION DEPARTMENT OF HIGHWAYS
A request was received to rezone 7.8483 acres of land located north of River Road, between the C-4 land of Max Ambach and the Central Division Department of Highways, owned by Max and Rose Ambach and Edward Azrael, etal.
Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Shevock, seconded by Mr. Witt, Council unanimously adopted the following resolution:
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located north of River Road, between the C-4 land of Max
Ambach and the Central Division Department of Highways, are presently zoned for
IO use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on April 22, 1985 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from 10 to C-4 that property located north of River Road, between the C-4 land of Max Ambach and the Central Division Department of Highways, owned by Max and Rose Ambach and Edward Azrael etal.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: MARCH 25, 1985
REZONING REQUEST - LAND ON U.S. ROUTE #13, BOUNDED BY DELAWARE STATE COLLEGE ON THE SOUTH AND LANDS OF JOSEPH A. WILSON ON THE NORTH - JEFFERIC ENTERPRISES, INC.
A request was received to rezone land located on U.S. Route #13, bounded by Delaware State College on the south and lands of Joseph A. Wilson on the north, consisting of 7.3492 acres, owned by Jefferic Enterprises, Inc.
Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Witt, seconded by Mr. Weyandt, Council unanimously adopted the following resolution:
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located on U.S. Route #13, bounded by Delaware State College on the south and lands of Joseph A. Wilson on the north, consisting of 7.3492 acres, are presently zoned for RC use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on April 22, 1985 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RC to C-4 that property located on U.S. Route #13, bounded by Delaware State College on the south and lands of Joseph A. Wilson on the north, consisting of 7.3492 acres, owned by Jefferic Enterprises, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: MARCH 25, 1985
REZONING REQUEST - LAND ON ROUTE #13, BOUNDED ON THE SOUTH BY J.A. WILSON AND ON THE NORTH BY PARADEE GAS COMPANY - JEFFERIC ENTERPRISES, INC.
A request was received to rezone land located on Route #13, bounded on the south by lands of J.A. Wilson and on'the north by Paradee Gas Company and consisting of 13.7741 acres, owned by Jefferic Enterprises, Inc.
Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Witt, seconded by Mr. Christiansen, Council unanimously adopted the following resolution:
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located on Route #13, bounded on the south by lands of J.A. Wilson and on the north by Paradee Gas Company and consisting of 13.7741 acres, are presently zoned for RC use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on April 22, 1985 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RC to C-4 that property located on Route #13, bounded on the south by lands of J.A. Wilson and on the north by Paradee Gas Company and consisting of 13.7741 acres, owned by Jefferic Enterprises, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: MARCH 25, 1985
CORRESPONDENCE
Residents of South Governors Avenue Between Acme Store and Division Street - Deterioration and Rise in Crime
A letter was received from residents of South Governors Avenue between the Acme Store and Division Street expressing their concern for the rise in crime and deterioration of their area. The residents requested action by Council to correct the situation.
Mr. Witt moved for referral to the Chief of Police and Chief Inspector Roe, seconded by Mr. Christiansen and unanimously carried.
Per request of Mr. Boaman, Chief Klenoski stated that using a grid from Division Street to Water Street on Governors Avenue, in 1983 there were 89 complaints, in 1984 there were 81 complaints, and so far in 1985 there have been 21 complaints. The majority of these complaints came from the Acme Market concerning shoplifting. There is criminal activity in the area that the Police Department is aware of and expect to alleviate in the near future.
Mr. Boaman requested an additional report on what progress is being made in the area.
Department of Administrative Services - Reduction in Council Approved Handicapped Parking
A letter to Mrs. Bittner, Assistant City Clerk, from A. Laurence Field, Administrator of the Department of Administrative Services of the State of Delaware, advised that only four (4) of the six (6) handicapped parking spaces that were approved by Council will be utilized at this time. The handicapped parking is centered around the Capital Complex.
Mr. Witt moved that a letter be sent to the Department of Administrative Services acknowledging the fact that the handicapped parking spaces approved by Council has been reduced to four (4). The motion was seconded by Mr. Christiansen and unanimously carried.
Greater Convention and Visitors Bureau of Wilmington - 6% Lodging Tax
A letter from Mr. Daniel E. Bockover, Executive Director of the Wilmington Convention and Visitors Bureau, conveyed his appreciation for conversations held between he and Mayor Carroll during the Delaware Hotel and Motel Association meeting. He expressed interest in their conversations concerning re-arranging Delaware's 6% lodging tax.
Mayor Carroll noted that Mr. Bockover also included with his letter a copy of a Senate Bill pertaining to the re-distribution of the State of Delaware 6% lodging tax. He recommended that the contents of the bill be referred to the Legislative and Finance Committee for consideration.
Mr. Weyandt moved for Mayor Carroll's recommendation, seconded by Mr. Christiansen and unanimously carried.
Letter by Mayor Carroll - Obiectives and Scope of Committee to Study the City of Dover Charter
Mayor Carroll advised Council that he has mailed a letter to members of the committee to study the City of Dover Charter, charging them with their responsibilities and objectives.
Mr. Witt moved to acknowledge the contents of the letter that was submitted to members of the committee to study the City of Dover Charter, seconded by Mr. Shevock and carried.
City Solicitor Rodriguez Letter - Constitutionality of At-Large Voting
By request of Council, the City Solicitor issued the following statement in correspondence concerning the constitutionality of at-large voting:
"You asked me to render an opinion regarding the constitutionality of the at-large voting method for the election of Councilmen in the City of Dover. Our Charter, Section 5, provides for the division of the City into four representative districts and provides that two members of Council must be residents of each district. However, Members of Council are elected by vote of all residents of the City of Dover rather than voters from each representative district.
As you might imagine, there are many cases involving at-large elections throughout the United States. We have done a considerable amount of research regarding this subject. Rather than burden you with all of this research, let me say that my conclusion is that the present at-large voting scheme in the City of Dover is constitutional.
The news media indicates that litigation is definitely being threatened regarding this issue. This being the case, I do not wish to publically divulge to you my reasons for maintaining that our at-large voting scheme meets all of the constitutional tests. I would prefer to discuss this with you in executive session, if you so desire, which would be entirely justified as a discussion regarding threatened litigation."
Mr. Witt moved to acknowledge receipt of the letter, seconded by Mr. Weyandt and unanimously carried.
Mr. Shevock moved that the City Council endorse the opinion of the City Solicitor with regards to the constitutionality of the provisions of the City Charter as explained in correspondence to the Mayor and Council, dated March 20, 1985. The motion was seconded by Mr. Weyandt and carried with Mr. Christiansen voting no.
Annexation Request - Clyde Hinebaugh - Horsepond Road
A letter from Mr. Clyde Hinebaugh requested annexation of his property that involves approximately 2.12 acres of land on the east side of Horsepond Road. Mr. Hinebaugh explained that he has had problems with his water supply to the point of transporting water for consumption. Investigation into the cost of driving a 200' well revealed that he would have an investment of $4,500.
Mr. Weyandt moved for referral to the Utility Committee and Planning Commission, seconded by Mr. Christiansen and unanimously carried.
Wesley United Methodist Church - Request for Two Permanent Handicapped Parking Spaces at Entrance to Grace Fellowship Hall
A letter from Mr. George C. Godfrey, Senior Minister of the Wesley United Methodist Church, alluded to the fact that the City, some time ago, allotted two (2) parking spaces for handicapped persons opposite the entrance to Grace Fellowship Hall. The parking spaces are reserved for Sundays only.
Reverend Godfrey requested the City's consideration to make the parking spaces available each day of the week.
Mr. Witt moved for referral to the Safety Advisory Committee. The motion was seconded by Mr. Christiansen and unanimously carried.
Storer Cable - General Television - Relocation of Channel 45 and Channel 64
A letter from Mr. Stephen Burch, General Manager of General Television, advised that the company will be relocating WBFF Channel 45 from Baltimore, Maryland from Channel 8 on the basic service to Channel 32/S on the Premium Tier service, effective April 1, 1985. In its place, the company will be adding Channel 64, a Delaware public broadcasting station from Seaford.
Mr. Burch pointed out that this is a necessary move to comply with FCC regulations governing must-carry channel status.
Mr. Witt moved to acknowledge receipt of the letter, seconded by Mr. Christiansen and unanimously carried.
Council adjourned into executive session to discuss personnel matters at 8:38 p.m.
WILLIAM H. WILLIS
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