REGULAR MEETING
January 9, 1984
The Regular Meeting of Council was held on January 9, 1984 at 7:30 p.m. with Mayor Carroll presiding. Councilmen present were Messrs. Richter, Tudor, Boaman, Hardcastle, Christiansen, Witt, Weyandt and Shevock.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Richter requested an additional agenda item for Council action on a 60' wide parcel of land owned by the City, located on the south side of Walker Road, just west of the railroad tracks.
COMPREHENSIVE ANNUAL FINANCIAL REPORT - FISCAL YEAR 1982/83 - APPOINTMENT OF MANTER, LAFFERTY AND MITTEN, AUDITORS - FISCAL YEAR 1983/84
Mayor Carroll referred to the recent comprehensive annual financial report for fiscal year 1982/83, submitted by the firm of Manter, Lafferty and Mitten, and directed questions by members of Council to the Chairman of the Legislative and Finance Committee, Councilman Boaman.
Hearing no questions, Mr. Boaman moved to accept the auditor’s Comprehensive Annual Financial Report for fiscal year 1982/83, stipulating that the auditing firm of Manter, Lafferty and Mitten be appointed for fiscal year 1983/84. The motion was seconded by Mr. Shevock and carried by unanimous roll call vote.
Mr. Weyandt moved that the Comprehensive Annual Financial Report for fiscal year 1982/83 be referred to the Legislative and Finance Committee to arrange a Council Workshop for the purpose of review. The motion was seconded by Mr. Hardcastle and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 12, 1983
The Minutes of the Regular Council Meeting of December 12, 1983 were unanimously approved by motion of Mr. Witt, seconded by Mr. Christiansen and bore the written approval of Mayor Carroll.
RESOLUTION - ROBBINS HOSE COMPANY - FIRE LINE OFFICERS
Council unanimously approved the following resolution:
WHEREAS, the City Council shall appoint each December the Fire Chief, Deputy Fire Chief, Assistant Chiefs and Fire Captain of the Robbins Hose Company, and
WHEREAS, Kline G. Kemp, Jr. served in the capacity of Fire Chief during 1983 with William Rhodes as his Deputy Fire Chief, and
WHEREAS, Wayne Hutchison served as First Assistant Chief in 1983 and has been appointed Fire Chief for the coming year, and
WHEREAS, John Willson served as Second Assistant Chief and will serve as Deputy Fire Chief for 1984, and
WHEREAS, Terry Whitham was Third Assistant Chief and has been appointed First Assistant Chief for 1984, and
WHEREAS, Gary Alderson in 1983 was Fire Line Captain and in 1884 has been appointed Third Assistant Chief.
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 express their appreciation to the Fire Line Officers who served the City of Dover in 1983 for their untiring devotion to the protection and prevention against the hazard of fires.
2. The Mayor and Council of the City of Dover extend their best wishes t these Officers.
3. The Mayor and Council of the City of Dover direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in expression of their appreciation to the Fire Line Officers who served the City of Dover during 1983.
ADOPTED: JANUARY 9, 1984
Mayor Carroll presented the Resolution to Chief Wayne Hutchison with his congratulations.
RESOLUTION - DOVER PARK AND RECREATION DEPARTMENT - 1984 ARTS & HUMANITIES AWARD
Council unanimously approved the following resolution:
WHEREAS, this fall the National Recreation and Parks Association Mid-Atlantic Region invited applications for the 1984 Arts & Humanities Award Program; and
WHEREAS, the City of Dover Recreation Department submitted the Dover Spring/Summer Performing Arts Series for consideration for the 1984 Arts & Humanities Award; and
WHEREAS, the award is based on the overall arts and humanities program and its relationship to the specific program, on the innovative nature of the individual program and on how the specific program has expanded community interest in the arts and humanities; and
WHEREAS, the City of Dover Recreation Department has been selected as the 1984 Arts and Humanities Award winner int eh Class V category (population 7,000 - 25,000).
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council extend their congratulations to the City of Dover Recreation Department in receiving the 1984 Arts and Humanities Award.
2. The Mayor and Council recognize the hard work and dedication required of the City of Dover Recreation Department personnel in organizing the Spring/Summer Performing Arts Series as well as the many other programs which have been so well received and appreciated by the citizens of Dover.
3. The Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover.
ADOPTED: JANUARY 9, 1984
Mayor Carroll presented Parks Director Don S. Knox and Assistant Director Claudia Smoot a sealed copy of the Resolution with his congratulations.
PUBLIC HEARING - REZONING OF LAND ON SOUTHEAST CORNER OF U.S. ROUTE #113 AND BURTON AVENUE - LOTS 33, 34 AND EAST 50' OF LOT 2
A public hearing was duly advertised for this time and place to consider rezoning land located on the southeast corner of U.S. Route #113 and Burton Avenue, consisting of lots 33, 34 and east 50' of lot 2.
Mayor Carroll declared the hearing open.
Mr. Frank Furr, owner of the land to be rezoned, was present.
The Planning Commission recommended approval of the rezoning and there was no correspondence submitted.
Mayor Carroll declared the hearing closed.
Mr. Weyandt moved for approval of the rezoning, seconded by Mr. Christiansen. By 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 SOUTHEAST CORNER OF U.S. ROUTE #113 AND BURTON AVENUE (LOTS 33, 34 AND EAST 50' OF LOT 2).
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.
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 on that property located on the southeast corner of U.S. Route #113 and Burton Avenue (lots 33, 34 and east 50' of Lot 2).
ADOPTED: JANUARY 9, 1984
PUBLIC HEARING - REZONING OF LAND LOCATED ON THE SOUTHEAST CORNER OF MIFFLIN ROAD AND DELAWARE ROUTE #8 - ROWE VON PLEASANTON ESTATE
A public hearing was duly advertised for this time and place to consider rezoning land located on the southeast corner of Mifflin Road and Delaware Route #8.
A letter was received from Mr. Nate Cohen, representing the owners of the land, requesting that the public hearing be tabled until the next Council Meeting.
Mr. Richter moved to table the public hearing, seconded by Mr. Hardcastle and carried with Mr. Christiansen voting no.
PARKS, PLAYGROUNDS AND TREES COMMITTEE REPORT
The Parks, Playgrounds and Trees Committee met on December 14, 1983 at 3:30 p.m. with Chairman Hardcastle presiding.
Chanley McCauley - 126 N. New Street - Trees Damaging Sidewalk
The committee considered a letter from Mr. & Mrs. Chanley McCauley of 126 N. New Street that advised of two trees on City right-of-way causing damage to the sidewalk.
City personnel inspected the property and recommended removal of the trees, expressing concern that the root system could do damage to the front of the house.
The committee recommended that the City remove two trees from the front of 126 N. New Street and replace same with suitable trees when they become available.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Noting that the City will remove the two trees upon approval by Council, the committee recommended that the property owners be required to replace the sidewalk and given the prerogative to obtain their own contractor or have the City replace same and upon completion, bill the property owner.
Mr. Hardcastle moved for the aforementioned recommendation, seconded by Mr. Weyandt and unanimously carried.
Naming of Walkway between North and Loockerman Streets - Adjacent to News Agency
In conformance with a request received from Mr. Sam Kendall, committee member of the Loockerman Street Park Project Committee, the committee recommended that the walkway between North and Loockerman Street, adjacent to the Dover News Agency, be named “The Loockerman Street Way”.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Mr. Hardcastle moved for approval of the Parks, Playgrounds and Trees Committee Report as submitted, seconded by Mr. Christiansen and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on December 14, 1983 at 4:00 p.m. with Chairman Hardcastle presiding.
Sounding of Noon Fire Siren
The committee was advised by Assistant Chief Rhodes that Robbins Hose Company launched a serious effort to decrease the number of times that the fire sirens are sounded. Due to a complaint of residents over a long period of time, the Robbins Hose Company eliminated the daily noon testing of the siren, testing only one time per week, on Friday at noon as recommended in their fire siren survey submitted by Chief Kemp on August 22, 1983.
A letter was received from The Little School students requesting that the noon siren be reinstated but Robbins Hose Company officials did not comply, since the elimination of the noon siren was confusing to volunteer members when an actual fire occurred near the noon hour. It was noted by Chief Kemp that response to fires that occur close to the noon hour has increased considerably since the elimination of the noon siren.
The committee recommended that the fire siren be blown daily at noon.
Mayor Carroll advised Council that he has investigated the condition of the two civil defense sirens, located in north and south Dover, and found that they have been disconnected. He suggested that one of the civil defense sirens be reconnected and checked out by the City and when repaired, be utilized as a daily noon siren rather than sounding the audible fire siren system.
Mr. Witt moved that the City Manager be directed to repair the civil defense siren, located in south Dover near Dover Street, for use as a noon siren Monday through Friday. The motion was seconded by Mr. Weyandt.
Mr. Shevock and Mr. Weyandt noted that Council, in a previous meeting, had directed that the noon fire siren be sounded and noted that Robbins Hose Company did not comply.
It was Mr. Tudor’s opinion that maybe Council overstepped their realm of authority in interfering with fire company policy.
Fire Chief Wayne Hutchison explained that Robbins Hose Company did not resume sounding the noon siren because Chief Kemp was not given an opportunity to air his views in opposition of sounding the noon siren. However, there were meetings with the City Manager’s Office and correspondence exchanged between the Fire Chief and City Manager’s office.
Mr. Witt called for the question.
Mr. Witt’s motion to initiate an operational civil defense siren near Dover Street for noon sounding Monday through Friday was approved with Councilman Christiansen voting no.
Kent County Hospital - Request to Remove Parking on South Governors Avenue
The committee discussed a letter from Mr. James W. Preising, Director of Safety and Security of Kent General Hospital, that requested “no parking” zones in front of the Professional Building and approximately two vehicle lengths south of the loading dock entrance on S. Governors Avenue, behind the hospital.
The committee recommended that “no parking” signs be installed on the east side of S. Governors Avenue on each side of the loading dock entrance and near the entrance to the Professional Building parking lot.
It was noted that the committee also recommended that the Police Department and Kent General Hospital personnel initiate a long range study on the parking and traffic in and around the hospital.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Bike Path - State College Road
Stemming from a letter from Mrs. Denise D. Tuck of 538 Troon Road, the committee recommended that the City staff work with the State Highway Department for the purpose of installing a bike path on State College Road, between Saulsbury Road and Kenton Road, during the Highway Department’s repaving program.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
It was noted that the bike path would be in direct relationship with the Highway Department’s repaving program and the City would not assume any responsibility for construction of the bike path.
Block Parties
The City Manager’s Office, the Inspections Department, Recreation Department and Police Department submitted to the committee a list of requirements for block parties, accompanied by an application form.
After reviewing the guidelines and application, the committee recommended approval of their form, stipulating that block party applications be handled by the City Police Department.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Request for 15 Minute Parking - Kathy Apostolos - Backward Glance - 205 W. Division Street
A request was received from Ms. Kath Apostolos, owner of the Backward Glance of 205 West Division Street, to convert a part of an existing loading zone in front of her business to 15 minute parking. The loading zone was originally utilized by Capitol Office and Ms. Apostolos explained that her type of business does not require a loading zone.
It was noted that similar requests in the City have been approved for various businesses.
The committee recommended approval of the request.
Mr. Hardcastle moved to approve converting a portion of the loading zone to 15 minute parking, seconded by Mr. Weyandt and unanimously carried.
Chief Klenoski advised Council that the traffic light, located at the intersection of Loockerman Street and Legislative Avenue has been altered to flash red on Legislative Avenue and caution on Loockerman Street. The flashing light will be activated at 7:00 p.m. until 6:00 a.m.
Mr. Hardcastle moved for approval of the Safety Advisory Committee Report as submitted, seconded by Mr. Witt and unanimously carried.
Monthly Reports - November
Mr. Richter noted that the Utility Committee will be reviewing the present electric fuel adjustment clause and calculations prepared by the City Manager’s Office and the Electric Department indicate that the multiplier will be lowered for future billing.
By motion of Mr. Hardcastle, seconded by Mr. Witt, Council unanimously approved the following reports for the month of November:
Chief of Police Report
Building Inspector and Fire Marshal Report
City Alderman Report
City Manager Report
J.P. Court #7 Report
General Operating Fund, Cash Receipts Report
General Operating Fund, Budget Report
Water/Sewer Fund, Revenue Report
Water/Sewer Fund, Budget Report
Inter-Governmental Service Fund, Revenue and Budget Report
Electric Revenue Fund, Revenue Report
Electric Revenue Fund, Budget Report
Revenue and Budget Report - Electric Divisions
REZONING REQUEST - 814 RIVER ROAD - AHG LAND CORPORATION - HAROLD REMLEY, PRESIDENT
A request was received from AHG Land Corporation, Harold Remley - President, to rezone 814 River Road, located in Capital Green.
Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Hardcastle, seconded by Mr. Weyandt, Council by unanimous roll call vote, 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 814 River Road are presently zoned for RG-0 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 February 27, 1984 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RG-0 to C-2A that property located at 814 River Road, owned by AHG Land Corporation.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: JANUARY 9, 1984
REZONING REQUEST - 811 SOUTH BRADFORD STREET - LOTS 28 & 30 - JUNE E. BRAVATA
A request was received from June E. Bravata to rezone 811 South Bradford Street, vacant lots 28 & 30.
Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Hardcastle, seconded by Mr. Weyandt, Council by unanimous roll call vote, 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 811 S. Bradford 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 February 13, 1984 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to RG-0 that property located at 811 S. Bradford Street, owned by June E. Bravata.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: JANUARY 9, 1984
REZONING REQUEST - WALKER ROAD - SOUTH SIDE - EAST OF SAULSBURY ROAD - OAKRIDGE PROPERTIES, INC.
A request was received to rezone land on the south side of Walker Road, east of Saulsbury Road, owned by Oakridge Properties, 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. Hardcastle, Council by unanimous roll call vote, 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 south side of Walker Road, east of Saulsbury Road, 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 February 27, 1984 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to RG-3 that property located on the south side of Walker Road, east of Saulsbury Road, owned by Oakridge Properties, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: JANUARY 9, 1984
CITY OWNED LAND - SOUTH SIDE OF WALKER ROAD - BETWEEN SAULSBURY ROAD AND RAILROAD CROSSING
Mr. Richter, chairman of the Utility Committee, advised Council that his committee had discussed selling a portion of land owned by the City that incorporates 60' on Walker Road, directly across from the entrance to Ann Avenue, Northwest Dover Heights.
The Planning Commission has recommended that the City retain the land since it incorporates utility easements and could be an extension of Ann Avenue.
Mr. Richter moved to retain ownership of the land, seconded by Mr. Witt and unanimously carried.
CORRESPONDENCE
Attorney Harry K.F. Terry and John Davis - Drainage - The Green
A letter was received from Attorney Harry K.F. Terry and John G. Davis thanking City Council and the Public Works Department for the fine job and quick response in correcting a drainage problem on The Green.
Mr. Witt moved to acknowledge receipt of the letter, seconded by Mr. Christiansen and unanimously carried.
Greater Dover Kennel Club - Dover Civic Center
A letter was received from the Dover Kennel Club noting the difficulty in locating a suitable facility to hold a Conformation/Obedience Dog Match, involving entrants from surrounding states.
The members of the Kennel Club strongly endorse a Dover Civic Center.
Mr. Weyandt moved to acknowledge receipt of the letter, seconded by Mr. Witt and unanimously carried.
R.J. Bennett, Postmaster - Installation of Cluster Mail Boxes
A letter was received from Mr. R.J. Bennett, Postmaster, requesting permission for the postal service to install (at no cost to the City) Neighborhood Delivery and Collection Boxes on the City right-of-way in The Greens, Section II.
Mr. Roe stated his disapproval of installing cluster mail and collection boxes in that it will require citizens to walk as much as a block to retrieve their mail.
Since the boxes will be located in the City right-of-way, next to the curb, accessibility will be difficult when streets are plowed for snow.
Mr. Roe requested a copy of a law that would permit installation of cluster mail boxes and was given a copy by postal representatives. After reviewing the law with City Solicitor Rodriguez, it is their opinion that the contents are written in the form of a regulation rather than law.
Mr. Roe recommended that the matter be referred to the Utility Committee since similar requests will be forthcoming in new developments. He also noted that the cluster boxes will probably require no parking spaces for delivery.
Mr. Weyandt moved to refer the matter to the Utility Committee for further discussion with postal authorities. The motion was seconded by Mr. Witt and unanimously carried.
Annexation Request - Trailer Village - North DuPont Highway and Adjacent Property - Ruth Porter
A request was received from Mrs. Ruth Porter to annex Trailer Village, consisting of 7.92+ acres and an adjacent parcel consisting of 2.3 acres of land. The land is located on the southbound lane of U.S. Route #13 and contiguous to the present City limits.
Mr. Weyandt moved for referral to the Utility Committee and Planning Commission, seconded by Mr. Boaman and unanimously carried.
Solid Waste Authority - Public Hearings - Month of January
A notice of public hearings to be held on January 17th and 19th was received from the Delaware Solid Waste Authority. Public hearings will involve regulations and the Solid Waste facility rate for northern and central Delaware.
Mr. Weyandt moved that Mr. Richter, chairman of the Utility Committee, and the City Manager, or his representative, attend the public hearings. The motion was seconded by Mr. Hardcastle and unanimously carried.
REPORT - DIVISION OF PUBLIC HEALTH SERVICES - EMERGENCY SERVICES - KENT COUNTY
A comprehensive report was received from the Division of Public Health outlining various options for the City of Dover and Kent County in supporting emergency services such as paramedics.
Mr. Weyandt moved that the report be referred to the Legislative and Finance Committee, seconded by Mr. Witt and unanimously carried.
REQUEST FOR VACATION - CITY CLERK W.H. WILLIS
City Clerk Willis submitted requests for vacation during the week of February 5, 1984 and March 11, 1984.
Mr. Richter moved for approval of the request, seconded by Mr. Weyandt and unanimously carried.
Meeting Adjourned at 8:20 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of January 9, 1984, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
January 16, 1984
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