REGULAR MEETING
September 24, 1979
The Regular Meeting of Council was held on September 24, 1979 at 7:30 p.m. with Vice-Mayor Muir presiding. Members present were Messrs. McDonough, Weyandt, Hardcastle, Carey, Witt, Carson and Bewick. Mayor Legates was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
MINUTES
The Minutes of the Regular Council Meeting of September 10, 1979 were unanimously approved by motion of Mr. Bewick, seconded by Mr. Hardcastle and bore the written approval of Mayor Legates.
MONTHLY REPORTS
Chief of Police Report for the Month of August
The Chief of Police Report for the month of August was unanimously approved by motion of Mr. Bewick, seconded by Mr. Carey.
Building Inspector and Fire Marshal Report for the Month of August
The Building Inspector and Fire Marshal Report for the month of August was unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Carey.
City Alderman Report for the Month of August
The City Alderman Report for the month of August was unanimously approved by motion of Mr. Weyandt, seconded Mr. Hardcastle.
General Fund, Cash Receipts Report for the Month of August
The General Fund, Cash Receipts Report for the month of August was unanimously approved by motion of Mr. Bewick, seconded by Mr. Carson.
General Fund, Budget Report for the Month of July
The General Fund, Budget Report for the month of July was unanimously approved by motion of Mr. Carson, seconded by Mr. Witt.
Electric Revenue Fund, Cash Receipts Report for the Month of August
The Electric Revenue Fund, Cash Receipts Report for the month of August was unanimously approved by motion of Mr. Witt, seconded by Mr. Carson.
Electric Revenue Fund, Budget Report for the Month of July
The Electric Revenue Fund, Budget Report for the month of July was unanimously approved by motion of Mr. Carson, seconded by Mr. Carey.
Electric Improvement and Extension Fund, Receipts & Disbursements Report - August
The Electric Improvement and Extension Fund, Receipts and Disbursements Report for the month of August was unanimously approved by motion of Mr. Witt, seconded by Mr. Bewick.
City Manager’s Report for the Month of August
Referring to an article in a local paper which indicated that a high percentage of Delaware Teleservice’s transmission difficulties were directly related to the City of Dover electrical outages, Mr. Bewick requested that the City Manager conduct a study pertaining to the relationship of the outages for a report to be presented at the next Utility Committee meeting.
Mr. Carson moved for approval of the City Manager’s Report for the month of August, seconded by Mr. Bewick and unanimously carried.
J.P. COURT #7 REPORT FOR THE MONTH OF AUGUST
A check was received from J.P. Court #7 for the month of August in the amount of $7,477.
By motion of Mr. McDonough, seconded by Mr. Bewick, the J.P. Court #7 Report for the month of August was unanimously approved.
HALLOWEEN - TRICK OR TREAT
Mr. Bewick moved that Halloween be observed on October 31, 1979 and that Trick or Treat be permitted between the hours of 6:00 p.m. and 9:00 p.m. on the eve of the same date.
Questioned by Mr. Weyandt, the City Clerk reported contacting the towns of Smyrna and Camden who indicated that the above date was satisfactory to them if approved by the City of Dover Council.
Mr. Bewick’s aforementioned motion was unanimously approved.
SPECIAL REGISTRATION - BLUE HEN MALL
Mr. Willis informed Council that plans are being formed to hold a special registration at the Blue Hen Mall on October 19th and 20th, to coincide with the Annual Arts and Crafts Show.
Mr. Carson moved to approve the special voter registration dates of October 19th and 20th, seconded by Mr. Carey and unanimously carried.
SET DATE - STOP SIGN ORDINANCE - PUBLIC HEARING - INDEPENDENCE BLVD. & FREEDOM DRIVE
Mr. McDonough moved to hold a public hearing on October 22, 979 at 7:45 p.m. to consider a stop sign ordinance at the intersection of Independence Boulevard and Freedom Drive. The motion was seconded by Mr. Bewick and unanimously carried.
SET DATE - PUBLIC HEARING - ORDINANCE - BICYCLES & SKATEBOARDS - DOWNTOWN AREA
Mr. McDonough moved that a public hearing be held on October 22, 1979 at 7:45 p.m. to consider an ordinance that would prohibit bicycles and skateboards on the sidewalks in the downtown business area. The motion was seconded by Mr. Bewick and unanimously carried.
PUBLIC HEARING - REZONING - LOTS #1 - 3 PERSIMMON TREE LANE - NELLIE PIKE
Vice-Mayor Muir informed Council that the public hearing request to consider rezoning lots #1 -#3 on Persimmon Tree Lane, owned by Nellie Pike had been withdrawn.
Mr. Roe informed Council that the request was withdrawn per his request since plot plans indicating three 50' lots were submitted and would not conform with the proposed R-8 zoning. He has instructed Mrs. Pike to consolidate the three parcels into two parcels and resubmit her request.
Mr. Hardcastle moved to accept the withdrawal request, seconded by Mr. Bewick and unanimously carried.
PROMOTIONAL POLICY - CITY POLICE DEPARTMENT
Chief Klenoski referred to a request presented by the Bargaining Committee of the Police Department in the form of a letter and petition signed by an overwhelming majority of the personnel. This, in conjunction with a letter from Chief Klenoski, asks that promotions be placed in the hands of the Chief and staff members of the Police Department and would abandon the policy previously adopted by Council.
Mr. Weyandt moved to abandon the present promotional policy as requested, seconded by Mr. Carey.
Mr. Bewick referred to a letter from David L. Bonar, H. Lee Ford, and Keith I. Faulkner, members of the Bargaining Committee, and asked if the motion should not include adoption of the request as outlined.
Chief Klenoski stated that he agreed with the contents of the letter dated May 24th, from the Bargaining Committee, but did not think it necessary for Council to adopt the proposed promotional procedure as submitted.
Mr. Bewick moved to amend Mr. Weyandt’s motion to include the contents of the letter of May 24th, from the Bargaining Committee, but not to include the attached proposed promotional policy. The motion was seconded by Mr. Carson and unanimously carried.
A unanimous voice call vote approved the abandonment of the promotional policy previously adopted by Council.
UTILITY COMMITTEE REPORT
The Utility Committee met on September 17, 1979 with Chairman Bewick presiding.
Water and Sewer Service - Sara & Eugene Jones - State College Road
A request was considered by the committee from Sara and Eugene Jones, State College Road, that would furnish sewer and water service to their property containing lots #56, #57 and #58. Mr. Jones explained that his property does not front on a public street and is land-locked but added that an easement had been obtained from Mabel Wilson, an adjacent owner, to permit the installation of utility lines. He also agreed to pay a tapping fee of $2,050 in advance.
Due to the possible health hazards and Mr. Jones’ willingness to pay all tapping fees in advance, with the understanding that the fee would relate only to the 80' lot containing the existing residence and metering of same would be installed at the right-of-way of State College Road, the committee recommended approval of the request.
Mr. Bewick moved for approval of the committee recommendation, seconded by Mr. Carson and unanimously carried.
Sealing of Oil Tankers - McKee Run
After contacting the oil and transportation companies furnishing product to McKee Run Power Plane, Mr. Mogan informed the committee that sealing of the tank cars at the point of loading could be accomplished. This would be done by the driver hauling the product. He added that it would be almost impossible to draw off a portion of the load between the bulk station and the Power Plant since the loading procedure incorporates a necessary vacuum line. Since the oil is metered at the point of loading and McKee Run tanks are calibrated and checked each day against product received and product that should have been used in daily operations, it was his feeling that no significant problems existed in a possible shortage through the transportation company.
In light of the Manager’s remarks, the committee recommended that Council be informed of Mr. Mogan’s findings for any action that body deemed necessary.
Mr. Weyandt reported visiting the Power Plant site on three different occasions to observe unloading of tank cars and found no Power Plant supervision of the unloading process at any time. He expressed concern relating to the City’s responsibility in case of fire or other unintentional incidents due to the driver using City equipment.
Questioned by Mr. Weyandt, City Solicitor Rodriguez stated that negligence on the part of the transportation company driver would probably place the liability with the driver’s company, although this would depend upon the circumstances.
Mr. Bewick agreed that Mr. Weyandt’s statement contained some valid points but felt it was not relative to the question of sealing tank cars as presented to the committee for consideration. He suggested that Mr. Weyandt’s statements be referred back to the committee for study with a report from the City Manager analyzing the situation.
Mr. Bewick moved for the recommendation of the committee, not to seal the tank cars based on the report of the City Manager, but requested Mr. Mogan to conduct a detailed analysis of the transportation employees handling City equipment to install products in McKee Run tanks, including the possibility of the City’s liability in case of an emergency incident. The motion was seconded by Mr. Weyandt and unanimously carried.
Selection of Electrical Power Plant Design Consultant Firm
Per the recommendation of the Utility Committee, Mr. Bewick moved to accept the short list of four firms that have been selected by the Office of the City Manager as consultants for a proposed new Power Plant. This will involve an interview process to determine the one firm that will act as a consultant to the City of Dover, with said interviews being conducted by the Utility Committee. The motion was seconded by Mr. McDonough and unanimously carried.
Delaware Teleservice - Service Complaints - Transfer of Ownership
The committee discussed the subject of Delaware Teleservice and complaints of citizens that report poor service and quality of picture. It was their recommendation that the agreement be reviewed with additional legal advice on the contents of the agreement to determine the City’s option to correct certain phases of the company’s service and in addition, a public hearing date be set to hear the public’s opinions and views.
Mr. Bewick moved for the recommendation of the committee, informing Council that Delaware Teleservice is to be sold. He amended the recommendation of the committee to add analyzation of the present franchise to determine the legality of the proposed transfer of ownership. Incorporated in his motion was a request that the City Manager review the service rating of the new company in the area of performance, reporting his findings at the next Utility Committee meeting. The motion was seconded by Mr. Carson and unanimously carried.
Questioned by Mr. McDonough, City Solicitor Rodriguez stated that any transfer of ownership would require Council approval. Cancellation of the original franchise would require a scheduled hearing within 60 days after receipt of notice of the proposed takeover. If Council does not hold such a hearing within the time limit, it would be deemed that Council has consented to the takeover.
It was noted by Council that notification of the company transfer was received in the City Manager’s Office on September 18th; therefore, a public hearing for Council approval must be held before November 18th.
Mr. Bewick moved that a public hearing be held on November 12, 1979 at 7:45 p.m. for the purpose of discussing the agreement and a decision on approval or disapproval of the company transfer. The motion was seconded by Mr. Witt and unanimously carried.
Deed Restrictions - Television Antennas in Developments
The committee discussed the practice of developers incorporating deed restrictions prohibiting television antennas and questioned the wisdom of same since said restrictions might exceed the City of Dover Building or Zoning Codes.
The committee recommended that Council seek a legal opinion from the City Solicitor on deed restrictions to determine how they deal with television antennas and Building Codes in developments.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Wit and unanimously carried.
Set Public Hearing - Step II Dover Relief Sewers
Mr. Woods submitted a status report to the committee on EPA funded sewer projects that outline progress on Step I through Step III. He informed the committee that it would be necessary for Council to approve a statement of policy that speaks to increased use of minority consultants and construction contractors. In addition, it would also be necessary for Council to set a public hearing which would require approximately 30 days notice for advertising on the Step II Dover Relief Sewers.
The committee tabled any further action on the policy until such time that copies could be furnished to Council for comments and further discussion at the next Utility Committee meeting.
Per a request of Mr. Woods, it was their recommendation that a public hearing be held on October 22, 1979 relating to the Step II Dover Relief Sewers.
Mr. Bewick moved for the recommendation of the committee to hold a public hearing on October 22, 1979 at 7:45 p.m., seconded by Mr. McDonough and unanimously carried.
Relating to the reference in the Utility Committee Report that stated the Sewer Rehabilitation Program would cost approximately $80,000, Mr. Weyandt asked who, within the City, had the authority to spend this sum without the approval of Council, particularly considering the fact that the sum of $225,000 for the St. Jones Interceptor would exceed the available funding by $40,000.
Mr. Mogan stated that he would compile the facts on Mr. Weyandt’s question for a future report.
Mr. Hardcastle moved for approval of the Utility Committee Report as submitted, seconded by Mr. Weyandt and unanimously carried.
PUBLIC HEARING - REZONING - 505 S. GOVERNORS AVENUE & 120 W. WATER STREET - LARRIVEE
A public hearing was duly advertised for this time and place to consider rezoning property located at 505 S. Governors Avenue and 120 W. Water Street, owned by Edward Larrivee. The purpose of the request is to bring the zoning of 505 S. Governors Avenue in line with the present use, making 120 W. Water Street available for commercial use. Vice-Mayor Muir declared the hearing open.
Mr. Edward Larrivee, owner of the properties, was present to speak for the rezoning, stating that his request was for the purpose of enlarging his business and zoning his land to conform with adjacent area properties.
Vice-Mayor Muir declared the hearing closed.
Mr. Witt moved for approval of the rezoning, seconded by Mr. Hardcastle and by a unanimous roll call vote, Council adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE DESIGNATION OF THE LAND LOCATED AT 505 S. GOVERNORS AVENUE AND 120 W. WATER STREET.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RG-1 to C-3.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation on property located at 505 S. Governors Avenue and 120 W. Water Street, owned by Edward C. Larrivee, from RG-1 to C-3.
ADOPTED SEPTEMBER 24, 1979
PUBLIC HEARING - REZONING - W. SIDE OF S. NEW STREET - MABEL S. GRIFFITH & EUGENE & MARLENE AUEN
A public hearing was duly advertised for this time and place to consider the rezoning of property located on the west side of South New Street, owned by Mabel S. Griffith, and Eugene & Marlene Auen, for the purpose of an office building. Vice-Mayor Muir declared the hearing open.
Mr. Eugene Auen was present to speak for the rezoning and answer any questions Council might want to present.
Mr. Weyandt noted that properties adjacent to the land to be rezoned are in a C-1A category and wondered if it would be spot zoning to change the proposed property to RG-0.
Questioned by Mr. Weyandt and Mr. McDonough, Mr. Roe stated that he would recommend a gradual lessening of zoning from the C-1A category to a more restrictive zoning, approaching Sherwood to act as a buffer for the development.
Noting other underdeveloped land in the entire plot held by Mr. Auen and Mrs. Griffith, Mr. McDonough suggested that Mr. Auen submit an overall plan for future development.
Mr. Roe informed Council that Mr. Auen has submitted a plot plan of the development which would not land-lock any of the land in the future.
It was noted by Council that the professional building adjacent to the proposed rezoning is a C-1A category to allow for a drug store to serve the doctors in the complex. The drug store was never built, therefore, the need for a C-1A zoning does not exist. It was suggested that an RG-0 zoning would be more appropriate for the sake of conformity and this could be accomplished by the Planning Commission in the future.
Vice-Mayor Muir declared the hearing closed.
Mr. Weyandt moved to approve the rezoning as requested, seconded by Mr. Hardcastle.
Mr. Bewick moved to amend the motion for approval, asking the City Planner to return a recommendation for rezoning of the existing professional building at some future meeting. The motion was seconded by Mr. Hardcastle.
The amendment to Mr. Weyandt’s motion was unanimously carried.
By a unanimous roll call vote, Council adopted the following ordinance. (Mr. Witt abstained from voting.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED ON THE WEST SIDE OF SOUTH NEW STREET.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RG-1 to C-3.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation on property located on the west side of South New Street, owned by Mabel S. Griffith and Eugene & Marlene Auen, from RG-1 to RG-0.
ADOPTED SEPTEMBER 24, 1979
REZONING REQUEST - PROPERTY LOCATED ON THE WEST SIDE OF COUNTY ROAD #156 - MILLER
A request was received from James F. Miller to rezone property located on the west side of County Road #156, 4/10 miles north of County Road #99 (State College Road) for the purpose of a single family residence. 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.
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 BY PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located on the west side of County Road #156, 4/10 miles north of County Road #99 (State College 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 October 22, 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 on the west side of County Road #156, 4/10 miles north of County Road #99 (State College Road), owned by James F. Miller.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED SEPTEMBER 24, 1979
REZONING REQUEST - 860 & 846 S. STATE STREET - DR. ROBERT KIDD, III
A request was received from Dr. Robert Kidd to rezone property located at 860 & 846 South State Street for the purpose of a professional building. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Bewick, seconded by Mr. Carey, 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 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 860 & 846 S. State Street are presently zoned for R-8 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 22, 1979 at 7:45 p.m. on a proposed amendment to the zoning map and zoning ordinance that would rezone from R-8 to RG-0 that property located at 860 and 846 South State Street, owned by Dr. Robert Kidd, III.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED SEPTEMBER 24, 1979
LIBRARY MINUTES
Mr. Weyandt noted that Council is now receiving minutes from the proceedings of the Library Commission and suggested that they become a part of the agenda for acceptance as a matter of courtesy.
Meeting Adjourned at 8:23 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of September 24, 1979, are hereby approved.
JAMES P. MUIR
VICE-MAYOR
October 1, 1979
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