City of Dover, Delaware - Regular City Council Meeting

Regular City Council Meeting

iCal

Nov 12, 1979 at 12:00 AM

REGULAR MEETING

November 12, 1979

The Regular Meeting of Council was held on November 12, 1979 at 7:30 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt, Carson and Bewick.

The invocation was given by the Reverend J.H. Williams, Council Chaplain.

Council recessed for a short period of time for photographing of Council and City officials for 1979/80.

MINUTES

The Minutes of the Regular Meeting of October 22, 1979 was unanimously approved by motion of Mr. Muir, seconded by Mr. Carey and bore the written approval of Mayor Legates.

RESOLUTION

By motion of Mr. Witt, seconded by Mr. Hardcastle, Council unanimously adopted the following resolution.

WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the unexpected death of Virginia F. King Messick, a former State Librarian, who departed this life on October 22, 1979; and

WHEREAS, Virginia F. King Messick began her association with the State library in 1952 and was named director in 1956; and

WHEREAS, Virginia F. King Messick after leaving the State Library became Chief Librarian at Wesley College in 1964 and retired in 1974; and

WHEREAS, Virginia F. King Messick was appointed to the City of Dover Library Commission in 1976 and was currently serving on that board.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That the Mayor and Council express their regret at the death of Virginia F. King Messick and extend their deepest sympathy to her family.

2. That the Mayor and Council make known their appreciation of Virginia F. King Messick for devoting her attention and rendering her guidance and leadership on behalf of the Dover Library Commission.

3. The Mayor and Council 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 Virginia F. King Messick.

ADOPTED NOVEMBER 12, 1979

SAFETY ADVISORY COMMITTEE REPORT

The Safety Advisory Committee met on November 5, 1979 at 7:30 p.m. with Chairman Hardcastle presiding.

East Loockerman Street Traffic

Chairman Hardcastle informed Council that a large contingency of residents on East Loockerman Street and the adjacent areas, were present at the committee meeting to discuss the problem of traffic.

The information submitted during the committee meeting will be considered by City Manager Mogan and Chief Klenoski for an in-depth study and a report at the next meeting.

Parking Meters - Downtown Business Area

Mr. Greg Boaman, President of the Central Dover Business Association, was present at the meeting to present two petitions, one containing approximately 33 names in opposition of replacing parking meters downtown and the other petition circulated was for signers who were willing to accept meters in the downtown area. This petition contained no signatures.

Mr. Boaman conveyed the wishes of the merchants not to re-install the meters in the downtown area and enforce the two hour parking limit for at least three or four months. He informed the committee that there had been no problems since the meters were removed and customer attitude has significantly improved.

Other merchants present were Mr. Schmukler, of Jay’s Spirit Shoppe, Mr. Donald Culver, of Capitol Office Supply, David King of Kings Men Shop, Mr. Bernard Ettenger and Mr. Joe Vrudney.

It was the recommendation of the committee that the matter of downtown parking meters be tabled for four months and that at the end of that time, request that the merchants be given an opportunity to appear before the committee with information derived from their experience and study.

Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Bewick and unanimously carried.

The committee further recommended that the parking fines be increased from $1.00 to $5.00.

Mr. Witt moved for the recommendation of the committee, seconded by Mr. Weyandt.

It was Mr. McDonough’s opinion that action to increase fines should be delayed until the four month period has expired, with consideration of the entire matter after the four month period.

Mr. Weyandt advised Council that an increase in fines was a suggestion of the merchants. It was their opinion that an increase in fines would deter other merchants and employees from parking the entire day with the knowledge that the fine would only amount to $1.00.

Mr. McDonough reminded Council that the increased fine would also effect other areas of the City where parking, for a long period of time, is not a particular problem.

Questioned by Mr. Bewick, Chief Klenoski stated that fines in neighboring cities are $15.00 to $25.00 plus a tow away fee.

Mr. Hardcastle stated that he did not feel that the committee had considered areas other than downtown in recommending raising the parking violation fines and expressed second thoughts on the matter.

Mayor Legates informed Council that it would be necessary to amend an ordinance and a date for a public hearing to increase the parking violation fines.

With concurrence of the seconder (Mr. Weyandt), Mr. Witt included in his motion that a public hearing be set for December 10, 1979 at 7:45 p.m. to consider an amendment to the parking violation ordinance.

By a roll call vote of four (4) yes, (Mr. Weyandt, Mr. Carey, Mr. Witt and Mr. Carson) and four (4) no, the motion to consider a parking violation fine amendment was defeated.

Presenting a minority report to Council, Mr. Hardcastle stated that removal of the meters from New Street to Court #7 should be considered to afford merchants in that area the same opportunity as those from New Street to State Street. He felt that the lost revenues for this area would be much less than those realized between New and State Streets.

Mr. Hardcastle moved that meters between New Street, west to Court #7, be removed. The motion was seconded by Mr. McDonough for purposes of discussion.

Mr. Bewick moved to amend the motion to stipulate that a detailed analysis of all meters in Dover be initiated, covered by a detailed revenue and parking impact study of removal of meters in various sections of the City. The motion was seconded by Mr. Witt.

Mr. Weyandt questioned the motion, stating that he was under the impression that the issue had been tabled for four months. He asked Mr. Hardcastle if the purpose of his motion was to immediately remove meters from New Street west to Court #7.

Mr. Hardcastle answered affirmatively.

Mr. Bewick stated his confusion on the motion, thinking that the motion was to remove the meters from New Street to Court #7 after the four month trial period. In light of this, Mr. Bewick moved to amend his amendment to read, “no additional meters will be removed until after the four month period expires and then a report on the feasibility of removing meters throughout the City will be initiated. The motion was seconded by Mr. Witt.

Mayor Legates explained that approval of the second amendment would make the first amendment and the main motion moot.

By a roll call vote of seven (7) yes, one (1) no (Mr. Hardcastle) the motion was approved.

Parking Meters - Municipal Lot - East of City Hall

In discussing the use of the municipal parking lot east of City Hall by employees of the County and State, the committee recommended that parking meters be installed in the first three rows for the convenience of downtown shoppers. The committee, in the past, has delayed a decision on this matter due to the revitalization on Loockerman Street. It was their feeling that metered parking in the lot should be the most convenient access to Loockerman Street.

In accordance with the recommendation of the committee, Mr. Hardcastle moved that the first three rows (one single row adjacent to Loockerman Street and the next two double rows) be utilized for metered parking. The motion was seconded by Mr. Weyandt.

It was Mr. McDonough’s feeling that the State and County offices in the City contribute to the economy. He stated that the former motion had placed a moratorium on parking meters in the downtown area and this would initiate parking meters for shoppers on the municipal parking lot. He felt that this should be deferred along with the meters on Loockerman Street until such time as the entire matter is settled.

Questioned by Mr. Witt, Chief Klenoski stated that it would be necessary to adopt an ordinance to enforce violations of parking on the municipal lot. This would incorporate the hiring of a meter person to ticket violators working under the jurisdiction of the Police Department.

Mr. Witt moved to amend the motion to allow the preparation of an ordinance for enforcement of parking violations on the municipal lot and that a public hearing be held on December 10, 1979 at 7:45 p.m. The motion was seconded by Mr. Bewick.

Mr. McDonough’s motion to table the matter failed for lack of a second.

Mr. Witt’s amendment to prepare an ordinance and a public hearing to be held on December 10, 1979 at 7:45 p.m. was approved by a vote of seven (7) yes, one (1) no (Mr. McDonough).

In preparation for a vote on Mr. Hardcastle’s motion to establish metered parking in the first three rows of parking on the municipal lot, Mr. Witt explained that this would incorporate five rows of parking; one single row adjacent to Loockerman Street and the next two double rows.

Mr. Hardcastle’s motion for metered parking on the first three rows of parking in the municipal lot was approved by a vote of seven (7) yes, one (1) no (Mr. McDonough).

No Parking - Pear Street - Spanel Industries

In considering a request for Spanel Industries to restrict parking near the entrance and exit to their facility on Pear Street, the committee agreed that this would be handled by Chief Klenoski and City Manager Mogan.

Doctor’s Office Parking - Dr. Marvin Berman - 303 W. Loockerman Street

Chairman Hardcastle advised Council that a request from Dr. Marvin Berman of 303 West Loockerman Street for a “No Parking - Doctor’s Only” sign, was deferred by the committee until termination of the four month trial period on Loockerman Street.

Mr. Muir moved to accept the Safety Advisory Committee Report as submitted, seconded by Mr. Weyandt and unanimously carried.

PUBLIC HEARING - TRANSFER OF OWNERSHIP - DELAWARE TELESERVICE TO GENERAL TELEVISION, INC.

A public hearing was duly advertised for this time and place to consider a transfer of ownership from Delaware Teleservice to Storer Broadcasting Inc. and to discuss provisions of the Franchise Agreement. Mayor Legates declared the hearing open.

Attorney Max Terry, Jr. was present, stating that most of the questions from Council on the ability of General Television Inc., a subsidiary of Storer Broadcasting Inc., in his opinion, had been answered during the special meeting of November 6, 1979. He added that Storer Broadcasting is a national company, fully qualified to comply with the television franchise agreement in the City of Dover, and the requirements that are necessary to furnish satisfactory service to subscribers. He informed Council that representatives of Delaware Teleservice and Storer Broadcasting were present for the convenience of any questions that those present might have.

Mr. Weyandt asked Mr. Steven Main, a representative of Storer Broadcasting, if his company was completely satisfied with the Franchise Agreement and would there be a future opportunity for the City to discuss same in more detail.

Mr. Main answered that he felt that the company had indicated that they would live up to the provisions of the agreement as written. He was not sure of the procedures that the City would use to further discuss the agreement in detail.

Mayor Legates informed Mr. Muir that this usually is accomplished through a committee of Council.

Mr. McDonough inquired into the feelings of the company on a ten year agreement versus the present fifteen year agreement since Storer is a much larger organization than Delaware Teleservice who requested the fifteen year period to recoup some of their original investment.

Mr. Main said that he saw no particular reason to deviate from the franchise as it is written. He added that it takes a healthy investment for any company to make improvements and changes as the industry comes up with new procedures and equipment. That is normally the reason for a lengthy franchise. He did not feel that the length of the present franchise is excessive. Mr. Main stated that most of their preset franchises in other areas are for twelve to fifteen years; this being a period based on guidelines of the FCC.

Mr. McDonough asked if the trend was to negotiate the period of time for an agreement down rather than extend the time.

Mr. Main explained that this is not necessarily so since some of their twelve year agreements have been extended beyond that time.

Mr. Witt stated that the present City of Dover Franchise stipulates that the television cable company will furnish their own personnel to handle service calls. He asked if Storer planned to provide this service.

Mr. Main answered that he thought Mr. Hall had indicated that his company would abide by the provisions of the agreement.

Mr. James Schmidt requested time for a few remarks as a private citizen and not as a news representative.

He said that he and many others have complaints on the way the present system is operating. He added that his is not impressed with Storer’s record of 325,000 subscribers. His experience with the present company has been unsatisfactory in that he cannot reach them in case of an outage. He stated that the present monthly rate is substantial in comparison with other regions of the country.

Mr. Harry Clendenning was present to speak as a non-subscriber of cable television and complained that his antenna picks up interference from cable television and asked if Storer planned to correct this condition in the City of Dover.

Mr. Main advised Mr. Clendenning that a signal from the cable can cause radiation or interference if the cable is nicked or a loose connection exists. However, Storer has equipment hat can detect radiation where it occurs through their scheduled maintenance. Mr. Main said that the company would make every effort to prevent radiation in any area.

An unidentified citizen of the City of Dover asked what specific problems Storer has detected in the system and what they have in mind either formally or informally on paper to improve the system.

Mr. Main stated that Storer’s utmost thought in mind is to furnish the finest quality of service to any area where they do business. He assured those present that Storer has the personnel, technical know how and equipment to correct any condition that exists on the system. Normal procedure is to start at the point where the signal originates and check the entire system. He said that his company only has service to offer and without that service they would not have subscribers.

It was Mr. Witt’s feeling that Council has been become astute to the provisions of the Franchise Agreement that can be exercised to insure that Storer Broadcasting maintains a high quality of signal and satisfactory service.

Mayor Legates declared the hearing closed.

Mr. Muir moved to approve the transfer of ownership from Delaware Teleservice to Storer Broadcasting, Inc., a subsidiary of General Television, Inc. The motion was seconded by Mr. Carey.

By a unanimous roll call vote, the motion was approved.

PUBLIC HEARING - LEFT TURNS AND LOADING ZONE ORDINANCES

A public hearing was duly advertised for this time and place to consider an ordinance amendment to Schedule II, section 31-100 concerning intersections with regard to prohibition of left turns and designation of time to exercise same. In addition, an amendment that would designate loading zones in the downtown area and delete exist loading zones as described in Schedule X, Section 31-108, incorporating specific times that prohibit vehicular parking. Mayor Legates declared the hearing open.

There was no one present to speak for or against the amendments.

Mayor Legates declared the hearing closed.

By a unanimous roll call vote, Council adopted the following ordinance.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

That the Dover Municipal Code be and the same hereby is amended in the following respects. Schedule II of Section 31-100 is amended as follows: Concerning the following described intersections and with regard to the prohibition of making left turns designation of the time when left turns are prohibited is hereby stricken.

Governors Avenue, both directions into Loockerman Street. State Street, both directions into Loockerman Street. State Street, northbound, into Loockerman Street.

Further, concerning the time prohibition for making left turns, the same is stricken regarding all intersections designated and in lieu thereof the following is inserted: “All, except Sundays and legal holidays - 8:00 a.m. to 6:00 p.m.

Schedule X, Section 31-108 regarding loading zones is amended by adding the following loading zones: “Loockerman Street - north side from 50 feet east of the center line of State Street Alley westerly for 100 feet. Loockerman Street - north side from 115 feet east of the east curb line of New Street for 92 feet. Loockerman Street - south side from 17 feet east of the east curb of Bradford Street in a westerly direction for 57 feet.

The following loading zones are deleted from said Section: Bradford Street - east side from 48 feet north of the north curb line of Loockerman Street; Loockerman Street - south side, from 17 feet west of the east curb of Bradford Street, for 60 feet; Loockerman Street - north side from 36 feet east of the east curb of New Street for 38 feet; Loockerman Street - south side, from the intersection of the west side of Governors Avenue for a distance of 2 parking spaces from 8:00 a.m. to 4:00 p.m. everyday of the week.

Further, said Section, Schedule X, Section 31-108 regarding loading zones is amended to designate said load zones to be in effect only between the hours of 9:00 a.m. to 3:00 p.m., except Sundays and legal holidays.

ADOPTED NOVEMBER 12, 1979

DOVER PARKING AUTHORITY

Mr. Mogan referred to a letter from Attorneys Young and Schwartz, dated October 10, 1979, in which Mr. Young conveyed the offer of the Authority to volunteer all assets and liabilities to the City of Dover.

Mr. Mogan recommended that the matter be referred to the Legislative and Finance Committee for detailed discussions.

Mr. Weyandt moved for the recommendation of the City Manager, seconded by Mr. Hardcastle and unanimously carried.

PROGRESS REPORT - MCKEE RUN COAL REMOVAL

Mr. Mogan reported that DP & L has removed a portion of the coal stockpile at McKee Run Power Plant in accordance with the purchase agreement with 25% of the stockpile removed to date.

DELAWARE SOLID WASTE AUTHORITY AGREEMENT

Mr. Mogan referred to the Delaware Solid Waste Authority Agreement furnished to members of Council and advised that he has discussed said agreement with County Manager, Mr. Vasuki. The Authority is pressed for time in acquiring approval by the various municipalities which is necessary to initiate funding. Mr. Mogan urged Council to expedite a response to the Agreement since time is a governing factor.

Mr. Bewick stated that the Agreement is a 20 year contract with the opinion that the Utility Committee should have an ample opportunity for review and discussion. He saw no reason why the matter could not be delayed until the Council meeting of December 10, 1979.

Mr. Weyandt stated that according to the way the contract reads, the City of Dover has no say in the cost that will be charged by the Authority or the expenditures made. Although the City has no authority in any of these areas, they will be expected to pay a share of the cost.

Mr. McDonough referred to page four (of six), paragraph d “Capital costs associated” and suggested that Kent County be included in the wording.

Mr. Carson agreed that the Agreement should be discussed in committee before approval and stated his disapproval until such time that the Solid Waste Authority produced some figures related to cost of construction and charges to be assumed by the City.

Mr. Witt moved for referral to the Utility Committee, seconded by Mr. Weyandt.

Mr. McDonough did not disagree that the Utility Committee should have an opportunity to review the agreement, but he could see no alternative for the City to delay approval, since there must be a method established to expose of solid waste in the area.

Mr. Bewick stated that this is a good example of what happened to the City of Dover when the City acted on a similar contract with the County relating to sewers. He thought that the Solid Waste Agreement is serious enough that time should be given for a complete study and review.

By a unanimous voice call vote, Council referred the Delaware Solid Waste Authority Agreement to the Utility Committee.

SOVEREIGN IMMUNITY ORDINANCE

City Manager Mogan referred to a proposed ordinance submitted by Solicitor Rodriguez, related to House Bill #523, a new law that was necessitated by a recent decision of the Supreme Court which stripped municipalities of such sovereign immunity based upon the clause in the Charter which provided that the City could sue or be sued. The immunity is extended to any employee of the City that not only covers compensated employees but includes elected or appointed officials, covering Mayor and Councilmen, fire fighters and rescue squad members.

The legislation provides that the City may pass an ordinance requiring notice of tort claim and if such notice is not given, suit may be barred so long as one year from the date of the occurrence is allowed for notice.

Questioned by Mr. McDonough, the City Solicitor stated that the Mayor and members of Council can be sued individually.

Mr. Witt moved that a public hearing for the ordinance be set for December 10, 1979 at 7:45 p.m., seconded by Mr. Bewick and unanimously carried.

SEWER REHABILITATION CONTRACTS

Mr. Mogan referred to recent contracts submitted for the Sewer Rehabilitation Contracts and recommended that the second contract, covering the construction project, not be awarded due to the extraordinary high prices but that remedial work on the present sewers be accomplished. He referred to Mr. Woods for details on the projects.

Mr. Woods stated that three bids were received on the contract with a low bid of $350,000, a second bid of $390,000 and a third bid of $416,000. The engineer’s estimate on the project was $153,000. Due to the great amount of work recently released by the State, it was the feeling of staff members that qualified contractors were not looking for work and therefore submitted bids with excessive cost factors. It was their feeling that all bids should be rejected for a re-bid at a later date.

Relating to the bud for routing and sealing existing sewers within the City, Mr. Woods stated that a low bid of $84,770.85 was submitted. The engineer’s estimate was $110,609.40. It was staff’s recommendation that the aforementioned bid be awarded to Eastern Pipe Service, Inc.

Mr. Weyandt inquired into the availability of funds for the $84,770.85 bid.

Mr. Mogan answered that these are EPA funds which the City requested a commitment years ago. He was not sure of the exact amount that the City would be responsible for, but a large portion of the funding would be coming from the state and federal level.

City funds will be derived from the Sewer Bond Fund.

Mr. Woods stated that the City’s commitment would amount to approximately $10,000 or $12,000.

Mr. Witt moved for the recommendation of the City staff which would award the bid of $84,770.85 to Eastern Pipe Service, Inc. for Sewer Rehabilitation Contract #2. The motion was seconded by Mr. Carey.

Questioned by Mr. Bewick, Mr. Woods stated that the City had no experience with the company but investigation of their work in other areas was satisfactory.

By a unanimous roll call vote, the low bid of $84,770.85 was awarded to Eastern Pipe Service, Inc. for Sewer Rehabilitation Contract #2.

Mr. Witt moved for the recommendation of staff that Sewer Rehabilitation Contract #1 buds be rejected and that same be re-submitted for bids. The motion was seconded by Mr. Weyandt and unanimously approved.

ADOPTION OF STATEMENT OF POLICY - MINORITY CONSULTANTS AND CONSTRUCTION CONTRACTORS

Mr. Mogan stated that the statement of policy for increased use of minority consultants and construction contractors is a policy necessary to continue with EPA programs. The policy has been reviewed by the City Solicitor.

The policy stipulates that all consulting engineers and contractors employed by the City are required to meet the regional goal of region #3, USEPA for MBE participation in at least ten to twenty-five percent of the contract dollars on all grants. Mr. McDonough referred to section under “Sanctions”, page 7, paragraph 2, where it states “in the event a contractor fails to conform to its MBE obligation, it will be expected to explain in writing, to the City and EPA, the reasons for non-utilization” and what penalties are involved and how does the City make the contractor comply.

Mr. Mogan stated that the ultimate responsibility lies with the City but each contract is reviewed by consultants for the City and any corrective action will be initiated by the City for compliance by the contractor.

Mr. Weyandt moved for approval and adoption of the Statement of Policy for Increased Use of Minority Consultants and Construction Contractors, seconded by Mr. Carson and unanimously carried.

ROBBINS HOSE COMPANY - LADDER TRUCK - LETTER OF COMMITMENT

Chief Baker requested a letter of commitment from Council to purchase a new 100' tractor drawn aerial ladder, priced not to exceed $220,000, 5% more or less. It would take eighteen (18) months to build the unit which would be payable thirty (30) days after delivery with no money down.

Mr. McDonough moved for referral to the Legislative and Finance Committee, seconded by Mr. Weyandt.

In the Legislative and Finance Committee’s deliberations, Mr. Bewick suggested that they consider a lease-purchase concept of the unit.

By a unanimous voice call vote, the motion was approved.

REZONING REQUEST - LOTS #1 & #2 PERSIMMON TREE LANE - NELLIE PIKE

A request was received from Nellie Pike to rezone lots #1 and #2 on Persimmon Tree Lane. 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. Bewick, Council unanimously adopted the following resolution and referred the request to the Planning Commission.

A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP OF 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 lots #1 and #2 Persimmon Tree Lane 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 December 10, 1979 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to R-8 that property located at lots #1 and #2 Persimmon Tree Lane, owned by Nellie Pike.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED NOVEMBER 12, 1979

REZONING REQUEST - SOUTHEAST CORNER OF U.S. ROUTE #13 & JEFFERIC BLVD. - JEFFERIC ENTERPRISES

A request was received from Jefferic Enterprises, Inc. to rezone a portion of land on the southeast corner of U.S. Route #13 and Jefferic Boulevard, for the purpose of a retail toy store. 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. McDonough, Council unanimously adopted the following resolution and referred the request to the Planning Commission.

WHEREAS, certain lands located at U.S. Route #13 and Jefferic Boulevard 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 December 10, 1979 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to C-4 that property located at U.S. Route #13 and Jefferic Boulevard, owned by Jefferic Enterprises, Inc.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED NOVEMBER 12, 1979

REZONING REQUEST - NW CORNER OF S. QUEEN STREET AND BANK LANE - ROBERT AND VIVIAN REED

A request was received from Robert H. and Vivian D. Reed to rezone property located on the northwest corner of South Queen Street and Bank Lane for the purpose of administrative offices and a sales area for Chesapeake Utilities Corporation. 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. Carey, Council unanimously adopted the following resolution and referred the request to the Planning Commission.

WHEREAS, certain lands located on the northwest corner of S. Queen Street and Bank Lane 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 December 10, 1979 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to C-1A that property located on the northwest corner of S. Queen Street and Bank Lane, owned by Robert and Vivian Reed.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED NOVEMBER 12, 1979

REZONING REQUEST - 142.92 ACRES ADJACENT TO US ROUTE #13 & S. LITTLE CREEK RD. - JOHN HUNN BROWN AND AL-JOHN CORPORATION

A request was received from John Hunn Brown and Al-John Corporation to rezone 142.92 plus acres of land adjacent to U.S. Route #13 and the South Little Creek Road. 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. Carey, Council unanimously adopted the following resolution and referred the request to the Planning Commission.

WHEREAS, certain lands located at US Route #13 and S. Little Creek Road are presently zoned for SC-3 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 December 10, 1979 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from SC-3 to RM-2 and C-4 that property located at US Route #13 and S. Little Creek Road, owned by John Hunn Brown and Al-John Corporation.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED NOVEMBER 12, 1979

REZONING REQUEST - 146 ACRES ADJACENT TO HAZLETTVILLE ROAD - CHARLES F.D., WALKER L. JR., AND LAURA S. MIFFLIN

A request was received from Charles F.D., Walker L. Jr., and Laura S. Mifflin to rezone 146 acres plus of land adjacent to the Hazlettville Road for the purpose of industrial and residential use. 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. Carey, Council unanimously adopted the following resolution and referred the request to the Planning Commission.

WHEREAS, certain lands located adjacent to Hazlettville Road 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 December 10, 1979 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to RM-2 and IPM that property located adjacent to the Hazlettville Road, owned by Charles F.D., Walker L. Jr., and Laura Mifflin.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED NOVEMBER 12, 1979

REZONING REQUEST - SOUTH SIDE OF HARTLY ROAD - WEIMER FRANCIS HEITE

A request was received from Weimer Francis Heite to rezone property located on a southerly side of Hartly Road. 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. Carey, Council unanimously adopted the following resolution and referred the request to the Planning Commission.

WHEREAS, certain lands located on the southerly side of Hartly Road 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 December 10, 1979 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to RG-2 that property located on the southerly side of Hartly Road, owned by Weimer Francis Heite.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED NOVEMBER 12, 1979

CORRESPONDENCE

Dover Library Commission - Expansion of Facility - State Street

A letter from Gary B. Patterson, President of the Dover Library Commission, explained that the library collection and circulation has increased five-fold since the present building was opened. He recommended that the facility be expanded approximately 14,000 square feet, doubling the present size and provide for growth through the year 2000. The estimated cost of the expansion will exceed $900,000.

Mr. Witt moved for referral to the Legislative and Finance Committee, seconded by Mr. Bewick and unanimously carried.

Delaware Citizens Committee - Channel 34

A letter from Shelton J. Merrill, President of the Delaware Citizens Committee, an organization working towards the upstart of Public Telecommunications facilities on channel 34, assigned to the City, requested that their organization be placed on an upcoming agenda to present proposals on the matter.

Mr. McDonough moved for referral to the Utility Committee, seconded by Mr. Witt and unanimously carried.

Mayor Legates suggested that the City Clerk’s Office contact the organization for a meeting with the committee at the convenience of Chairman Bewick.

Capitol Office Equipment Company - Pierce Building - Loockerman Street

A letter from Mr. Donald Culver, President of Capitol Office Equipment on Loockerman Street, expressed concern for the safety and appearance of the old Pierce Pharmacy Building on Loockerman Street. He suggested that Council act swiftly to correct the matter in a continued effort to revitalize the downtown area.

Mr. McDonough moved to refer the contents of the letter to the Safety Advisory Committee and the Building Inspector. The motion was seconded by Mr. Carey and unanimously carried.

Mr. Hardcastle moved for adjournment to executive session to discuss Electric Department personnel matters. The motion was seconded by Mr. Weyandt and unanimously carried.

Meeting Adjourned at 9:00 P.M.

WILLIAM H. WILLIS

CITY CLERK

All orders, ordinances and resolutions adopted by City Council in their meeting of November 12, 1979, are hereby approved.

CHARLES A. LEGATES, JR.

MAYOR

November 19, 1979