REGULAR MEETING
September 12, 1983
The Regular Meeting of Council was held on September 12, 1983 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Tudor, Boaman, Christiansen, Witt, Weyandt and Shevock. Mr. Hardcastle was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Christiansen requested an additional agenda item to afford Mr. Roe an opportunity to report on the Robert Louie property that is in violation of City Code.
Mayor Carroll requested an item under correspondence to submit a letter from Judge Roger D. Kelsey.
City Manager Bartolotta requested an additional item to discuss a Special Council Meeting for September 14, 1983; subject matter being the superheater at McKee Run Power Plant.
In explanation of the Special Meeting, Mr. Bartolotta informed Council that the Utility Committee will consider bids on the new superheater at McKee Run on September 14, 1983. The Special Council Meeting, immediately after the Utility Committee Meeting, will assist in the time schedule for actual installation of the superheater.
After obtaining agreement from members of Council to meet on the aforementioned date, Mayor Carroll stated that this would serve as official notice of the Special Meeting to be held at 8:30 p.m.
Mr. Richter requested an additional agenda item immediately following the report on the annexation referendum on State College Road to discuss the Luna I. Mishoe rezoning which was previously tabled.
Council unanimously adopted the agenda as amended.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 22, 1983
The Minutes of the Regular Council Meeting of August 22, 1983 were unanimously approved by motion of Mr. Richter seconded by Mr. Weyandt and bore the written approval of Mayor Carroll.
PUBLIC HEARING - CODE AMENDMENT - ARTICLE 6, SECTION 1, SUBSECTION 1.12 “TRAILERS & BOATS”
A public hearing was duly advertised for this time and place to consider amending Article 6, Section 1, Subsection 1.12 entitled “Trailers and Boats”. The amendment would add motor home parking restrictions in residential areas.
Mayor Carroll declared the hearing open.
Mr. David Holland of 1205 Westview Terrace was present to inquire about the motor home parking restriction.
Mr. Roe explained that the ordinance previously incorporated parking restrictions on trailers, boats, house trailers, etc. The proposed amendment would also include motor homes with a length under 31' which would be required to park beyond the setback of the residence with proper screening.
Mr. Holland asked if a van would be considered a motor home.
Mr. Roe replied that a van would come under the 31' restriction. If the van was over 31' then it would be considered a motor home.
Mayor Carroll declared the hearing closed.
Mr. Shevock asked if the wording in the first sentence of the ordinance should be changed to read “The storage or parking and/or use...”.
The City Solicitor expressed an opinion that the ordinance as written is adequate and can be enforced.
Mr. Shevock moved for adoption of the proposed ordinance, seconded by Mr. Boaman.
Mr. Christiansen expressed concern for retired persons who have utilized most of their cash reserve to purchase a motor home and cannot comply with the provisions of the ordinance due to the layout of their property and residence.
Mr. Richter pointed out that parking of motor homes in residential areas is a detriment to the neighborhood and owners do have the option to lease a proper facility.
Mr. Witt called for the question.
By a roll call vote of six (6) yes, one (1) no (Mr. Christiansen) with Mr. Hardcastle being absent, Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
The City of Dover Zoning Ordinance is hereby amended by adding unoccupied motor homes to the list of vehicles that may legally be parked in a Residential Zone in accordance with the provisions of Article 6, Section 1.12 which is hereby amended to read as follows:
“1.12 Trailers and Boats. The storage or parking and use of a house trailer by any person or persons is prohibited in all Residential Zones except the Mobile Home Park (MPH) Zone. A boat with its trailer, a utility trailer, and an unoccupied travel trailer under 31 feet body length or an unoccupied motor home may be parked within a garage or anywhere behind the set back line if screened from adjacent lots. However, none of the vehicles shall be parked in a required site yard if alley parking adjacent to the lot is available.”
ADOPTED: SEPTEMBER 12, 1983
RESULTS OF ANNEXATION REFERENDUM - STATE COLLEGE ROAD & LOTS #177 & #178 - JOSEPH BURDEN
The City Clerk submitted the following results of an annexation referendum that was held on August 29, 1983:
Referendum #1 - Lots #177 & #178 - State College Road - Joseph Burden
2 votes for annexation - 0 votes against annexation
Referendum #2 - Lots #177, #178, #136 - #150, #168 - #178, #202 - #204 - State College Road
6 votes for annexation - 7 votes against annexation
Mr. Weyandt moved for acceptance of the annexation referendums as certified by County officials. The motion was seconded by Mr. Christiansen and unanimously carried.
ANNEXATION - JOSEPH BURDEN PROPERTY - LOTS #177 and #178 - STATE COLLEGE ROAD
Mr. Richter moved for annexation into the corporate limits of the City of Dover lots #177 and #178 on State College Road, owned by Joseph Burden, to include land incorporated in the roadway of Jason Street. The motion was seconded by Mr. Boaman and by a unanimous roll call vote (Mr. Hardcastle absent), Council adopted the following resolution:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area north of Dover, 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 proposed to be annexed shall be in favor of inclusion of that 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 piece or parcel of land contiguous to the boundary of the City of Dover, lying on the northerly side of, but not adjacent to, Kent County Road #99, known as College Road, being lot numbers 177 and 178 of a plot of “The College Settlement Company”, of record in the office of the Recorder of Deeds for Kent County in Deed Record Book E, Volume 8, page 76, said lots having a combined width of 150' and depth of 200', the easterly and southerly lines of lot 178 abutting the present boundary of the City of Dover; including in this annexation that portion of Jason Street, 35' wide, as shown on aforesaid College Settlement Company plot, and as lying north of these lots and between the extended westerly line of lot 177 and the extended easterly line of lot 178;
Containing a total area of 0.809 acres of land, more or less.
2. That the certified 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 13th day of September 1983 at 12:01 A.M. o’clock.
ADOPTED: SEPTEMBER 12, 1983
REZONING - LOTS #189 - #196 INCLUSIVE - NORTH STATE COLLEGE ROAD - LUNA I. MISHOE
Noting that the rezoning of lands owned by Luna I. Mishoe on State College Road was tabled at a previous meeting, Mr. Richter moved for removal from the table, seconded by Mr. Christiansen and unanimously carried.
By request of Mr. Richter, Mr. Roe, in review, informed Council that a public hearing was held on the rezoning of lots #189 - #196 inclusive on North State College Road, owned by Luna I. Mishoe. The rezoning was tabled until such time that an annexation referendum could be held for lots #177 and #178, owned by Joseph Burden. Lots #177 and #178 would allow modification to existing streets on Dr. Mishoe’s property that would provide conformity with City of Dover street standards.
By motion of Mr. Richter, seconded by Mr. Boaman, Council by unanimous roll call vote (Mr. Hardcastle absent) 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 LOTS #189 - #196 INCLUSIVE ON STATE COLLEGE 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 R-20 to RG-5.
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 RG-5 on that property located at lots #189 - #196 inclusive on State College Road, owned by Luna I. Mishoe.
ADOPTED: SEPTEMBER 12, 1983
PARKS, PLAYGROUNDS AND TREES COMMITTEE REPORT
The Parks, Playgrounds and Trees Committee met on August 31, 1983 with Chairman Hardcastle presiding.
Plaza News Stand - Trees - Loockerman Street
In the absence of Mr. Hardcastle, Mr. Weyandt presented the report stating that a request from Mr. Arthur Malinoski, owner of the Plaza News Stand on Loockerman Street, asked for removal of a tree in front of his business. The size of the tree would not allow for the construction of a 4' overhang in the front of his store for which a building permit as been issued.
Prior to the committee’s decision, Mr. Weyandt informed Council of a review of the location, finding that one of the trees in front of the Plaza News Stand is of a fast growing variety and does not conform with other trees planted on Loockerman Street. A second tree of the same variety is planted in the vicinity of Pierce’s Pharmacy.
In conformity with the recommendation of the committee, Mr. Weyandt moved that the two trees, one in front of Plaza News Stand and the other in the vicinity of Pierce’s Pharmacy, be removed. The motion was seconded by Mr. Witt and unanimously carried.
Tricentennial Parade Participation - City of Dover
Mr. Weyandt advised Council that the committee recommended that the City Manager coordinate the City’s participation in the Tricentennial Parade to be held on September 24, 1983. Since the meeting of the Parks, Playgrounds and Trees Committee, Mr. Weyandt noted that the City Manager has submitted a schedule of floats and other equipment to be used in the parade.
Per committee recommendation, Mr. Weyandt moved that the City Manager continue to coordinate participation in the parade, seconded by Mr. Witt and unanimously carried.
Mr. Weyandt moved for approval of the Parks, Playgrounds and Trees Committee Report as submitted, seconded by Mr. Witt and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on August 31, 1983 with Chairman Hardcastle presiding.
Stop Signs - Carol Street
The committee considered a request by Mr. Jack Fisher, President of the North Dover Civic Association that would install additional stop signs on Carol Street in the vicinity of the 600 and 700 blocks due to the concern of residents for increased traffic and speeding.
Chief Klenoski asked that the committee delay action on the stop signs until such time as a study is completed by the State. The study will consist of facts concerning stop signs in municipalities and whether they are a hazard or aid to traffic safety.
During the meeting, Mr. Christiansen submitted a petition with approximately 60 names signed by area residents who are in favor of additional stop signs.
After thoroughly discussing the matter, the committee recommended that Ross Street, from Governors Avenue to Pear Street, be designated as a route for school children to utilize. They, therefore, recommended that four way stop signs be installed at each intersection beginning at Lakewood Place, west to Pear Street.
Mr. Weyandt moved for the recommendation, seconded by Mr. Witt.
Mr. Richter moved to table the matter since the location of existing signs on Ross Street was not clarified on a map submitted to Council. The motion was seconded by Mr. Shevock and carried with Mr. Witt voting no.
Traffic Signals - Legislative Avenue and Loockerman Street - Park Drive, Kings Highway, N.E. and Division Street Intersections
During the committee’s discussion on the traffic signal at Legislative Avenue and Loockerman Street and the proposed installation of a signal at Park Drive, Kings Highway, Loockerman Street and the proposed installation of a signal at Park Drive, Kings Highway, N.E. and Division, they were advised by Mr. Bartolotta that there are various agreements with the State on traffic signals within the City, confusing the issue of responsibility for maintenance. He suggested negotiations with the State to consolidate all agreements within the corporate limits before any new installation of traffic signals is initiated.
The committee recommended to authorize the City Manager to negotiate a consolidated agreement with the State concerning maintenance, placement of traffic signals, and all other installations such as streets within the corporate limits.
Mr. Weyandt moved for the recommendation of the committee, seconded by Mr. Richter and unanimously carried.
It was noted that the traffic signal alteration at Legislative Avenue and Loockerman Street will e performed by the City to alleviate delaying traffic on Loockerman Street during off hours of the Department of Natural Resources.
Intersection - Corner of Reed and State Streets
Realizing the traffic hazard at the intersection of Reed and State Streets due to the lack of visibility, Mr. Weyandt stated that the committee recommended removing one parking space on each of the following corners of State and Reed Streets: (1) the southeast corner (2) the southwest corner (3) the northwest corner
Once the parking space is eradicated, the curbs will be painted yellow.
Mr. Weyandt moved for the recommendation of the committee, seconded by Mr. Christiansen, and by unanimous roll call vote, Mr. Hardcastle absent, the motion was approved.
By motion of Mr. Weyandt, seconded by Mr. Witt, the Safety Advisory Committee Report was approved as submitted.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on September 7, 1983 with Chairman Boaman presiding.
City Matching Funds for Proposed Civic Center Study
Mr. Boaman introduced Mr. Al Hedgecock, Director of the Chamber of Commerce, and Mr. Edward Hagemeyer, Chairman of the Study Group for the Proposed Civic Center, requesting that they be given the privilege to address Council for the purpose of an update of the committee’s activities.
Mr. Hagemeyer reported that his committee has visited a variety of centers in Maryland, Virginia and Florida. They have also reviewed statistics on finances, attendance and types of events held at civic and conference centers all over the United State and Canada, discussed with management personnel at several centers operating problems due to fiscal characteristics of the buildings and equipment, viewed a number of sites considered as possible locations for the proposed center, and advised Council that Homart Development Company has made a tentative offer of land free if used as a site for a civic center.
In late July the committee met with representatives of the state, county, city and the Air Base, to present a preliminary report and recommend that funds be made available for a marketing study to determine the types of events and the size of groups that the center should accommodate and the revenue that might be expected. Mr. Hagemeyer stated that the State of Delaware has offered to pay 1/3 of the cost of a feasibility study, up to $10,000, provided that the City and County share the cost.
The Civic Center Committee consists of Mr. Edward Hagemeyer, Chairman, Ms. Joan Adams, Mr. Robert Berglund, Mr. Ron Bowhall, Mr. Robert George, Mr. Paul Morris, Mr. William C. Pfeifer, Mr. Robert Reed, Councilman Gregory Boaman, Mr. Lou Guisto (member of Levy Court) and Mr. Dave Affholder (State Development Department).
Mr. Hagemeyer emphasized the importance of a marketing study before embarking on any plans for construction of a civic center. He pointed out that Delaware is a small state with Dover being located in its center which offers the possibility of drawing from each end of the state, especially since Delaware does not incorporate such a facility at this time.
Mr. Al Hedgecock, Director of the Central Delaware Chamber of Commerce, reviewed the accomplishments of the Chamber in the past year which included their role in a national lobbying campaign to secure construction of the C-5 B cargo plane that will be based at Dover Air Force Base and steps taken to date concerning the proposed civic center. He emphasized the fact that the Chamber and committee members are representing the City and County in the matter of a proposed civic center in Dover and requested Council’s approval for an appropriation of up to $10,000 to initiate Phase III of the program, which is negotiating with the County.
Mr. Hagemeyer stated the possibility of federal funding since the Dover area has no facility to house large numbers of people in case of a national emergency or a local catastrophe.
Mr. Boaman moved for the recommendation of the Legislative and Finance Committee to contribute up to $10,000 in matching funds, contingent upon a similar appropriation by the State and County. His motion was seconded by Mr. Richter.
Mr. Weyandt expressed his concern for the ability of a civic center to be self-supporting, presenting hypothetical figures that indicated that the City would be required to raise the tax rate 30¢ per $100 of assessment to cover payments on the financing.
Mr. Tudor related to the fact that the Chamber’s presentation was quite vague about the financial status of other civic centers. Since the Chamber of Commerce has a membership of 750 and businesses are the main recipient of functions that will be held, he felt that Chamber members should contribute towards the feasibility study.
Questioned by Mr. Richter, Mr. Bartolotta alluded to the fact that during the Legislative and Finance Committee meeting, it was suggested that funds be taken from the recent sale of City property to the State to finance the City’s share of the feasibility study. The present budget of the City contains no surplus, therefore, line items would have to be reviewed for any possible deferment of expenditures to find the required funds for the proposed study.
Mr. Richter could not see how the City could embark on the appropriation of up to $10,000 when the source of the funds is not known.
Mr. Christiansen inquired if the time schedule of the Chamber to initiate the feasibility study is critical.
Mr. Hedgecock stated that the Chamber and committee is on a schedule to meet certain criteria but the schedule is not critical at this time.
Mr. Boaman reminded Council that the 1982/83 fiscal budget was 99% spent, therefore, there is a certain surplus that could be utilized for the study.
Mr. Richter agreed but in his opinion, the budget should be reviewed before action is taken for an expenditure.
Mayor Carroll related to the purchase of what is known as the Huebner Farm, containing 146.5 acres for a purchase price of $120,000 by the City. Recently the City sold 2.3 acres of the farm for $125,000 for a profit of $5,000. The farm has been owned by the City for 14 years and rented for 12 of those years; this current year for $9,600. It was his opinion that the City is only reinvesting a small portion of their original investment to determine the feasibility of a much needed civic center.
Mr. Christiansen moved to table the matter until such time that a review of the budget can be initiated. The motion was seconded by Mr. Richter and declared carried by Mayor Carroll by a vote of four (4) yes, three (3) no (Mr. Tudor, Mr. Witt and Mr. Weyandt) with Mr. Hardcastle absent.
Programmatic Memorandum of Agreement - National Historic Preservation Act
Mr. Boaman informed Council that it will be necessary for the City to sign a Programmatic Memorandum of Agreement to assure the federal government that all regulations will be followed in the Historic and Victorian Zone. The Agreement, which was written by the City, has been reviewed by City Solicitor Rodriguez, City Planner Roe and Mr. Bynum, Executive Direction of the Block Grant Program.
Per the recommendation of the Legislative and Finance Committee, Mr. Boaman moved to approve signing of the Programmatic Memorandum of Agreement and in accordance with committee action, stipulated that Mr. Roe proceed to find a method of withdrawing from the Victorian District. The motion was seconded by Mr. Weyandt and carried by unanimous roll call vote, with Mr. Hardcastle absent.
Budget and Finance Reports - Review - Fiscal Year Ending June 30, 1983
Mr. Boaman informed Council that the Legislative and Finance Committee thoroughly reviewed the fiscal budget for year ended June 30, 1983 and recommended approval.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt.
Mr. Weyandt stated his opposition to the practice of over spending individual line item budget figures, transferring funds from one item to another budget item as long as the bottom line budget does not exceed the designated amount.
By a voice call vote, the budget and financial reports for fiscal year ending June 30, 1983 were approved.
Mr. Boaman moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Christiansen and unanimously carried.
BUILDING, PLUMBING, MECHANICAL AND FIRE PREVENTION CODE APPEALS COMMITTEE
Chairman Witt reported a meeting of the Building, Plumbing, Mechanical and Fire Prevention Code Appeals Committee on September 7, 1983 to discuss regulations covering Specifications, Standards and Procedures for Public Works.
A committee hearing will be held on September 21, 1983 at 1:00 p.m. to consider any changes submitted by Delaware Home Builders Association and other contractors.
He emphasized the importance of having any proposed changes in writing to the committee prior to the September 21st hearing.
(It was later noted that this meeting date has been changed to October 19, 1983 at 2:00 p.m.)
Mr. Witt moved for approval of the Appeals Committee Report as submitted, seconded by Mr. Christiansen and unanimously carried.
COUNCIL ACTION TO WITHDRAW REQUEST TO REVERT ZONING ON PROPERTY BOUNDED ON THE EAST BY INDEPENDENCE BLVD., NORTH BY ROBINO AND ENGLISH VILLAGE PROPERTIES, WEST BY KENTON ROAD, AND SOUTH BY ROUTE #8 AND LANDS OF GIRARD BANK, DELAWARE
Mr. Boaman moved to withdraw the request for reverting zoning of the above described property, seconded by Mr. Weyandt.
Mr. Roe explained that Mr. Boaman, sometime in July, inquired as to the progress in the development of the land known as Baywood Shopping Center. He reported to Mr. Boaman that nothing had been accomplished and in accordance with City Code, by request of Council, the land could be reverted back to the prior zoning category.
Mr. Roe stated that at the time of the inquiry by Mr. Boaman, he was under the impression that the land was zoned R-20 which is a restrictive residential zoning, but after checking, found that the land was previously zoned C-4 (Highway Commercial). This zoning category allows for 150' wide lots, which enables the developer to sell off lots for strip commercial development, which he felt would not be good planning. Leaving the land in its present zoning category (SC-2), the developer would be required to submit a feasibility study and a community shopping center.
Mr. Roe has contacted the developer who expressed an opinion that he did not feel that the land is suitable for a community shopping center. The developer plans to submit application for various other types of development which would go before the Planning Commission and Council.
Mr. Roe requested that Mr. Boaman submit a request for withdraw, feeling that the City is in a much safer position with the land zoned as SC-2 rather than C-4.
By unanimous roll call vote (Mr. Hardcastle absent) the motion to withdraw the public hearing schedule for September 26, 1983 was carried.
SET PUBLIC HEARING - NON-COMPLIANCE OF DANGEROUS BUILDING ORDINANCE - PHYLLIS FERGUSON - 341 N. NEW STREET
Mr. Roe informed Council that the above described property was before them some time ago and at that time certain promises were made to renovate the structure. Since that time notices have been ignored and noting that the property owner resides out of the state, Mr. Roe requested that a public hearing be set for September 26, 1983 at 7:30 p.m. to afford an opportunity to the property owner to explain to Council any plans that might be forthcoming for improvement.
Questioned by Mr. Christiansen, Mr. Roe stated that the property is vacant and informed Council that the probability of a tax sale is forthcoming.
Mr. Boaman moved for the recommendation of a public hearing on September 26, 1983, seconded by Mr. Shevock and unanimously carried.
OCTOBER 10TH REGULAR COUNCIL MEETING - COLUMBUS DAY HOLIDAY
Mr. Witt moved that the October 10th Regular Council Meeting be cancelled, seconded by Mr. Richter and carried with Mr. Christiansen, Mr. Boaman and Mr. Tudor voting no.
REZONING REQUEST - PROPERTY ON WEST SIDE OF NEW BURTON ROAD (WEST STREET), OWNED BY MABEL S. GRIFFITH, EUGENE G. AND MARLENE G. AUEN
A request was received to rezone property on the west side of New Burton Road, owned by Mabel S. Griffith, Eugene G. and Marlene G. Auen. The equitable owner is Dover Rent All, Inc.
Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Weyandt, seconded by Mr. Shevock, Council by a unanimous roll call vote (Mr. Hardcastle absent) 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 west side of New Burton Road (West 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 October 24, 1983 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to C-3 that property located on the west side of New Burton Road (West Street), owned by Mabel S. Griffith, and Eugene G. and Marlene G. Auen.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: SEPTEMBER 12, 1983
UPDATE - PROGRESS IN IMPROVING ROBERT LOUIE PROPERTY - OAK DRIVE
Mr. Roe reported observing work being performed on the Robert Louie property, located on Oak Drive, and stated that improvements are proceeding very slowly. This included removing some of the improper construction and clean up of the yard. Mr. Roe added that there is litigation pending between the lien holders that should develop within the next two months. He felt confident that the problems with the Louie property will be corrected.
CORRESPONDENCE
Bible Way Temple Church of God in Christ - Petition and Letter Opposing Opening of Ritz Club - Kirkwood Street
A letter and petition was received from the Bible Way Temple Church of God in Christ, 54 S. Kirkwood Street, opposing the proposed opening of the Ritz Club, located on the corner of Reed and Kirkwood Streets. The letter mentioned inadequate parking, threat of loitering, alcoholic beverages, litter, noise and offensive language.
The letter, signed by Bishop L.T. Blackshear, Pastor, requested that the City consider these objections and move to prevent the opening of the club at this location.
Mr. Roe reminded Council that the Ritz Club is a building that he has attempted to have condemned for the past 10 years. Each time a condemnation is attempted by his office, Councils over the years, have extended the time to allow the owners to present plans for renovation.
The property is zoned C-2 which is proper for the planned business that will take place in the facility. The building has been stripped inside by the owners and plans have been presented for renovation. Since a building permit has been issued, Mr. Roe suggested a stop order on further construction to prevent the owners from expending the funds for new material.
Mr. Weyandt moved for referral to the Legislative and Finance Committee, seconded by Mr. Witt.
Rather than refer the matter to the Legislative and Finance Committee, Mayor Carroll suggested the setting of a public hearing on September 26th to afford the property owners an opportunity to speak before Council and present any plans that they may have for renovation of the building.
Mr. Weyandt stated that the City’s position legally should be investigated since the property is properly zoned.
After discussing the matter, Mr. Weyandt withdrew his motion for referral to the Legislative and Finance Committee as did Mr. Witt his second.
Mr. Weyandt moved that a public hearing be held on September 26, 1983 at 7:30 p.m. so that the property owners will have an opportunity to appear before Council with their plans of renovation. During the interim, the matter will be submitted to the City Solicitor for his review. The motion was seconded by Mr. Shevock and unanimously carried.
Annexation Request - Alpha Real Estate Company, Agent for Roberta P. Carroll - Lot 75' x 400' - South Side of Route #8
A letter was received from Mr. Nathan L. Cohen, authorized agent for Roberta P. Carroll, requesting annexation of land on the south side of Route #8, consisting of 75' x 400'.
Mr. Christiansen moved for referral to the Utility Committee and the Planning Commission, seconded by Mr. Witt and unanimously carried.
Refrigeration Supply Company - Earle J. Duncan - Ambulance Service
A letter to Mayor Carroll, from Mr. Earle J. Duncan, offered the services of himself and Mrs. Duncan who are certified EMT’s and hold emergency vehicle operators licenses.
Mayor Carroll informed Council that he would reply to the letter and felt that the City Manager should arrange a meeting to discuss the matter with Mr. Duncan.
Roger D. Kelsey - Appreciation for Service Extended by Mayor and Council
A letter to Mayor Carroll from Judge Roger D. Kelsey expressed personal appreciation to Council for the many days and hours expended for the betterment of the City.
Enclosed for the Mayor and each Councilman was a cacheted cover commemorating the 300 years of progress of the City of Dover.
Mr. Weyandt moved to acknowledge receipt of the letter, seconded by Mr. Boaman and unanimously carried.
ANNUAL MEETING - LEAGUE OF LOCAL GOVERNMENTS
Mayor Carroll reminded those Councilmen present of the Annual Meeting to be held by the League of Local Governments on September 25, 1983 at the Dover Air Force Base Officers Club.
SPECIAL COUNCIL MEETING - SEPTEMBER 14, 1983
Mr. Richter moved that a Special Council Meeting be held on September 14, 1983 at 8:30 p.m., seconded by Mr. Boaman and unanimously carried.
The meeting will be held specifically to discuss the award of a contract for the superheater unit #3 at McKee Run Power Plant.
Meeting Adjourned at 9:05 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of September 12, 1983, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
September 19, 1983
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