REGULAR MEETING
March 12, 1979
The Regular Meeting of Council was held on March 12, 1979 at 7:00 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Carey, Witt, Carson and Bewick. Mr. Hardcastle was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
ADDITIONAL AGENDA ITEMS
Mr. Mogan requested two additional agenda items concerning the bill from Manter Associates to perform the Bicentennial audit and information on a recent cost increase for fuel oil.
MINUTES
The Minutes of the Regular Meeting of February 26, 1979 were unanimously approved by motion of Mr. Muir, seconded by Mr. Bewick and bore the written approval of Mayor Legates.
INTRODUCTION OF CITY MANAGER
Mayor Legates introduced Mr. John P. Mogan, the newly appointed City Manager, who addressed Council with thanks for the confidence shown in his appointment.
RESOLUTION - CHIEF WILLIAM L. SPENCE
By motion of Mr. Weyandt, seconded by Mr. Witt, Council adopted the following resolution by a unanimous roll call vote, with Mr. Hardcastle absent.
WHEREAS, William L. Spence first became employed by the City of Dover Police Department on February 20, 1956 as Patrolman and was promoted through the ranks of the police force as Patrolman First Class in 1958, Sergeant in 1962, Lieutenant in 1964, Captain in July 1967 and Police Chief in December 1967; and
WHEREAS, throughout his career in law enforcement William L. Spence has constantly sought to better his education and knowledge beginning with the Delaware State Recruit School course in 1957, graduation from the Northwestern University Traffic Institute in 1965 and attendance at numerous seminars and conferences; and
WHEREAS, Chief William L. Spence’s leadership abilities have brought the Police Department to the extremely high level of educational competence it now enjoys; and
WHEREAS, Chief William L. Spence was recognized by officials throughout the State for the diplomatic and skillful leadership he rendered during the late 1960's under times of great stress and turmoil which beset out community; and
WHEREAS, Chief William L. Spence is retiring from his office as Chief of Police effective March 16, 1979.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That the Mayor and Council extend their deepest gratitude to Chief William L. Spence for contributing his dedication and expertise to the City of Dover Police Department for the past 23 years.
2. That the Mayor and Council wish William L. Spence and his family a happy and peaceful retirement.
3. That the Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in appreciation of the faithful and responsible services rendered by William L. Spence.
ADOPTED MARCH 12, 1979
RESOLUTION - CHARLES T. CAREY
By motion of Mr. Bewick, seconded by Mr. Weyandt, Council adopted the following resolution by unanimous roll call vote, with Mr. Hardcastle absent.
WHEREAS, Charles T. Carey has been employed by the City of Dover since January 12, 1955 when he was hired by the Public Works Department; and
WHEREAS, Charles T. Carey was later transferred to the Engineering Department as a Senior Inspector; and
WHEREAS, through his years of dedicated service Charles T. Carey gained invaluable information and insight into the locations, types and sizes of various underground utility lines and was constantly called upon for advise in such matters by the City as well as outside contractors in the field; and
WHEREAS, Charles T. Carey retired from City employment effective March 2, 1979 after some 24 years of continuous and devoted service.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council extend their deepest gratitude to Charles T. Carey for contributing his technical knowledge and skill to the City of Dover in the Public Works and Engineering departments.
2. That the Mayor and Council wish Charles T. Carey and his family a happy and peaceful retirement.
3. That the Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in appreciation of the faithful and responsible services rendered by Charles T. Carey.
ADOPTED MARCH 12, 1979
RESOLUTION - JOHN P. MOGAN - AUTHORIZED SIGNATURE - EPA GRANTS
By motion of Mr. McDonough, seconded by Mr. Carey, Council adopted the following resolution and by unanimous roll call vote, with Mr. Hardcastle absent.
BE IT RESOLVED that John P. Mogan, City Manager of the City of Dover, Delaware, is hereby authorized to affix his signature as the authorized representative of the City of Dover, Delaware, for the execution of all documents necessary for the submission of Federal Grant Applications to the United States Environmental Protection Agency to fulfill a requirement of the Department of Natural Resources and Environmental Control of the State of Delaware and that record of signature of the City Manager be on exhibit in their files.
ADOPTED MARCH 12, 1979
PLANNING COMMISSION APPOINTMENT
Mayor Legates deleted the above agenda item until a future meeting.
APPOINTMENT - TAX APPEALS COMMITTEE
Mayor Legates submitted the names of Councilmen Wit, McDonough and Muir to serve on the Tax Appeals Committee.
By motion of Mr. Weyandt, seconded by Mr. Bewick, the Tax Appeals Committee was approved as submitted.
PARKS, PLAYGROUNDS AND TREES COMMITTEE REPORT
The Parks, Playgrounds and Trees Committee Report was submitted by Mr. Carey, which consisted of an item to consider an anti-litter ordinance. This matter was deferred pending additional information from the solicitor and review of material available by committee members.
Mr. Witt moved to approve the Parks, Playgrounds and Trees Committee Report as submitted, seconded by Mr. Bewick and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on March 5, 1979 with Chairman Hardcastle presiding.
Removal of Parking Meters - State Street - Jack Costello
The Committee considered a request from Mr. Jack Costello to remove parking meters on the west and east side of State Street, between Loockerman and Reed Streets. Mr. Costello pointed out that meters have been removed from Governors Avenue to provide free parking for shoppers and felt that the same courtesy should be extended to State Street. This would involve a total of 35 meters.
Considering the inconvenience of construction to shoppers in the downtown area, the committee reasoned that some definite action should be taken for the duration of this period.
It was the committee’s recommendation that all meters be removed or covered until completion of construction in the downtown area.
Relating to information submitted by Captain Klenoski, Acting Chief of the Dover Police Department, Mr. Carey reported that 128 parking tickets per month were issued for the year 1978, totaling 1,447 for the year or $1,447 in parking fines. The report also stated that there are 210 parking meters remaining in the downtown area.
It was Mr. Bewick’s opinion that data relating to the income of the parking meters in the downtown area be submitted before Council considers the recommendation of the Committee.
Mr. Witt moved to deny the recommendation of the committee, seconded by Mr. McDonough.
Questioned by Mr. Weyandt, Captain Klenoski stated that due to the condition of the downtown area that stems from construction work, the patrolmen on duty devotes his time to traffic and not enforcement of parking violations.
Mr. Bewick moved to table Mr. Witt’s motion of denial until such time that more information is available on the income of the parking meters. The motion was seconded by Mr. Muir. By a roll call vote of five (5) yes, two (2) no (Mr. McDonough and Mr. Witt) with Mr. Hardcastle absent, the motion was tabled pending additional information.
Unloading Zone - Vicinity of Jay’s Spirit Shoppe
A request was received from Mr. Jay Schmukler, owner of Jay’s Spirit Shoppe on Bradford Street, to relocate an unloading zone in the vicinity of his business and on the east side of Bradford Street to the west side of Bradford just north of Minor Street alley.
Mr. Weyandt felt that delivery of goods from the west side of Bradford Street to the east side, where Jay’s Spirit Shoppe is located, would create a traffic hazard and added that he did not understand the suggestion that such an arrangement would remove truck traffic from Loockerman Street.
Mr. McDonough referred to an additional request by Mr. Schmukler to create two ten minute parking spaces, noting that the request had been withdrawn. It was his feeling that both requests were related and therefore could see no conceivable reason to relocate the truck unloading zone.
Discussions revealed that Wise’s Discount Store, other downtown merchants and the Downtown Merchants Improvement Association had not been made aware of the request.
Mr. Muir moved to table the request pending further input and study, seconded by Mr. Weyandt and carried with Mr. McDonough voting no.
Francis McCoy - 846 E. Loockerman Street - Property Damage
A letter from Francis McCoy, 846 E. Loockerman Street, complaining of consistent property damage due to local traffic was submitted to Captain Klenoski for investigation.
Captain Klenoski reported an investigation by the department that has produced some suggestions that will, in his opinion, resolve the complaints as described by Mr. McCoy.
Mr. Weyandt moved to refer the matter back to the Safety Advisory Committee, seconded by Mr. Muir and unanimously carried.
Mr. McDonough requested that the City Clerk inform Mr. McCoy of action on his complaint to date and also of the future meeting with the Safety Advisory Committee where the matter will be further discussed.
Mr. Weyandt moved to accept the Safety Advisory Committee Report as submitted, seconded by Mr. Muir and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on March 7, 1979 with Chairman Muir presiding.
Audit Bid Proposal Form
Mr. Muir reported that the Finance Department has contacted several other towns and cities in an effort to obtain a sample bid proposal form for selecting an auditor. To date, all forms received have been unacceptable for the City’s use. He added that Mr. Mogan had expressed a desire to continue with Mr. Manter for at least another year in order that he may familiarize himself with the system and have some input into the committee’s recommendations to Council.
Mr. McDonough reminded Council that the bid proposal form has been a matter before the committee for the past three years and complaints have been heard from other firms due to the lack of a bid procedure.
Mr. Muir stated that it is the desire of the committee to be very careful in formulating the form to the best advantage to the City; therefore, it was the recommendation of the committee that Mr. Manter be appointed for an additional year.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Bewick and carried by a vote of six (6) yes, one (1) no (Mr. McDonough) and with Mr. Hardcastle absent.
Bicentennial Committee Audit Fee
In considering the audit fee of the Bicentennial Committee in the amount of $1,000 as requested by G. Daniel Blagg, former Chairman, the committee recommended that the City Manager’s office attempt to negotiate a lower fee.
Mr. Mogan reported that the Finance Director had negotiated the bill with Mr. Manter to the amount of $628.60. The Bicentennial Committee has a bank balance of $41.18 leaving the total amount of $587,42 to be paid by the City.
Mr. Witt moved that the City allocate $587.42 for the payment of Mr. Manter’s bill and that the remaining $41.18 be paid out of the Bicentennial Committee account. The motion was seconded by Mr. Bewick.
MCKEE RUN FUEL COST INCREASE
Mr. Mogan advised Council of a notification to his office that 3% sulphur fuel will be increased from $12.25 per barrel to $15.00 per barrel. It was his opinion that 2% sulphur fuel, when available, will be increased at a much greater magnitude. The City Manager’s office is presently active in an attempt to secure a supply of natural gas, which at this point would be competitive with the price of fuel oil. Further information, when available, will be conveyed to Council for their recommendations.
Questioned by Mr. McDonough and Mr. Witt, Mr. Mogan stated that conversations have been held relative to the possibilities of burning coal in an emergency. However, extensive repairs will be required to the ask pits and other minor repairs on similar equipment.
It was Mr. Bewick’s hope that EPA would be contacted before such a conversion due to the location of the plant and the added environmental pollution due to the use of coal.
PROJECT #73 - ASSESSMENT - SANITARY SEWER EXTENSION - JEFFERIC BOULEVARD
A public hearing was duly advertised for this time and place for the purpose of establishing a rate to be assessed against property owners for the construction of a sanitary sewer extension on Jefferic Boulevard.
Mayor Legates declared the hearing open.
There was no one present to speak for or against the proposed assessment and no correspondence.
Mr. Weyandt asked if there is a requirement for a public hearing to notify affected property owners of an installation of sewer or water lines prior to the initiation of the project and was informed that the Charter or Code has no such requirements where Council feels that opinion that a project which involves a property assessment should be made known to the property owners before construction begins and an approximate estimate of the front foot charge conveyed to the citizens involved.
Mr. Mogan stated that staff could estimate the cost reasonably close; however, the figure would not be exact due to the varying cost of construction. It was noted that the Engineering Department does estimate the cost of the project prior to receiving bids.
Mr. Witt suggested that the City consider amortizing the cost of the assessment over a 30 year period rather than charging the property owner over a short period of time. This would spread the cost throughout the users of the utility rather than charging the complete cost to the initial owner.
Speaking specifically to the sanitary sewer extension on Jefferic Boulevard on Project #73, Mr. Bewick asked what criteria of priority made staff select this particular area for installation of sewer.
Mr. Hodge informed Council that the construction of a mini warehouse and quick service centers facing the highway in the area made the installation of a sewer line mandatory. He added that the recommended front foot charge in the area was based on a low bid resulting from a sealed bid opening which was approved by Council prior to the beginning of the construction.
Mayor Legates declared the hearing closed.
By motion of Mr. McDonough, seconded by Mr. Witt, Council by a vote of seven (7) yes, one (1) absent (Mr. Hardcastle) reaffirmed the front foot charge of $7.86 per foot as approved in the ordinance adopted on February 12, 1979 that outlines the method of payment.
PROJECT #74 - ASSESSMENT - SANITARY SEWER EXTENSION - SOUTH NEW STREET
A public hearing was duly advertised for this time and place for the purpose of establishing a rate to be assessed against property owners for the construction of a sanitary sewer on South New Street.
Mayor Legates declared the hearing open.
There was no one present to speak for or against the proposed assessment and no correspondence.
Mayor Legates declared the hearing closed.
By motion of Mr. Muir, seconded by Mr. Weyandt, Council by a vote of seven (7) yes, one (1) absent (Mr. Hardcastle) reaffirmed the front foot charge of $8.59 per foot as approved in the ordinance adopted on February 12, 1979 that outlines the methods of payment.
PROJECT #72-A - ASSESSMENT FOR WATER MAIN EXTENSION - LEIPSIC ROAD - SPENCE/BURKE PROPERTY
A public hearing was duly advertised for this time and place for the purpose of establishing a rate to be assessed against property owners for the installation and extension of a water main from Leipsic Road, north of Persimmon Tree Lane, to serve the Spence/Burke properties.
Mayor Legates declared the hearing open.
There was no one present to speak for or against the proposed assessment and no correspondence.
Mr. Witt asked if there was a definite time element relative to compelling a property owner to tap into an installed water main.
Mr. Roe stated that State law mandates that a property owner must hook into a newly installed water system within one (1) year, but would have the right of appeal to Council. The law relates to a water main only.
By motion of Mr. Muir, seconded by Mr. Witt, Council by a vote of seven (7) yes, one (1) absent (Mr. Hardcastle) reaffirmed the front foot charge of $7.36 per foot as approved in the ordinance adopted on February 12, 1979 that outlines the method of payment.
PROJECT #72-A - ASSESSMENT FOR SANITARY SEWER - LEIPSIC ROAD - PERSIMMON TREE LANE
A public hearing was duly advertised for this time and place for the purpose of establishing a rate to be assessed against property owners for the installation of a sanitary sewer to serve the Leipsic Road and Persimmon Tree Lane.
Mayor Legates declared the hearing open.
Mr. John J. Ferrier of 416A Persimmon Tree Lane was present stating that he felt that the assessments were excessive because everyone along the project is not paying their fair share. In a written statement to Council, he mentioned Dover Development Corporation, Jefferic Enterprises, Baker-Grossman, and Dover Downs, Inc.
Mr. Ferrier also discussed the cost of gravity feed sewer systems versus force mains. Mr. Ferrier stated that before the citizens of Leipsic Road and Persimmon Tree Lane pay their bills, they need and demand to know answers to the following questions.
1. Why were deals made with Paradee Oil Company and Jefferic Enterprises?
2. Why was Dover Development given a deferment?
3. Who made these deals?
4. Were these deals in the best interest of all the citizens of Dover?
5. Is it fair that Dover Downs is not paying their fair share?
6. Was the least expensive and most satisfactory system installed?
7. Can we have an independent study done to determine the cost effectiveness of the system we have? If not, why?
8. Why were Baker, Grossman and Grossman lands not assessed?
9. What role did Persimmon Tree Apartments have in this project?
10. Who is Dover Development Corporation and what role did they play in this project?
11. What are the hidden costs reflected in Mr. O’Neill’s worksheet?
12. Who screwed up and had out assessments approved by Council before a public hearing was held?
Mr. David Freese of RD 4 Box $41G (Dover-Leipsic Road) was present to complain that no prior notice was given by the City before the construction was started and the assessment amount was approved. He asked for a full accounting of all plans and costs involved in the project which would include information pertaining to bidding, selection and costs of materials, the choice of system, route selection and cost overruns.
In his written statement to Council, Mr. Freese stated that it was the feeling of the residents that a less expensive and more efficient system could have been designed in accordance with the topographical nature of the area, that the costs of materials seemed suspiciously high and that the plans for the line were drawn up to benefit corporate land owners along the line at the expense of local residents. Mr. Freese also stated that although Dover Downs is not on the City’s list of assessed footage, it was his feeling that they will be one of the prime beneficiaries of the sewer lines and are already installing new facilities on their property.
In closing, it was his hope that the City would include the citizens who are effected by projects early in the planning process on future projects. He added that if this requires changes in the City Charter, then it is time to bring about the necessary amendments.
Mrs. Gladys Pleasanton of Bethany Beach was present to comment on a letter written by her husband, Elmer Pleasanton, that stated their inability to pay the sewer assessment on property owned in the Leipsic Road/Persimmon Tree Lane area.
Mrs. Pleasanton registered her disapproval of the manner in which the bills for the sewer installation was received without prior notice. She added that the City had refused to allow installation of trailers on her property that would produce an income to aid in satisfying the assessment. The Pleasanton’s income presently comprises of social security and disability payments.
Mr. Larry Barbone of Persimmon Tree Lane was present and reminded the citizens and Council that a petition signed by residents in the area had been submitted approximately 1½ years ago, asking that the sewer be installed. His only question on the matter was to be assured that residents are paying only their fair share of the installation.
Ms. Peggy Yerkie, speaking for Eleanor Failing, was present stating that she was charged for 235' of sewer line although 100' of the pipe does not exist on her front footage. She pointed out an adjacent property which is zoned farmland that has not been assessed although a portion of the property was rezoned commercial recently and will accommodate a racquet club.
Mrs. Sandra Burke was present to thank Council for the opportunity of connecting to the newly installed sewage line. It was her feeling that it was a great benefit to the health of the residents in the area, noting the sewage problems experienced by all.
Mr. William Yerkie was present, speaking for Eleanor Failing, questioning the cost of the project which is partially based on the depth of the sewer. It was his feeling that the depth would have little bearing on the cost since heavy equipment was used to dig the trench. He added that he has no problems with the septic system and was not a signer of a petition recently submitted to Council for sewer.
Mrs. Louise Fountain was present to protest the cost of the installation and asked why the residents should foot the bill when other more prosperous businesses are exempt and yet will be given the privilege to tap into the system. Although water is available to her land, Mrs. Fountain stated that she is not permitted to connect into the water system due to the existence of a trailer. If she denied the privilege of installing trailers on her property, Mrs. Fountain did not feel that she should be responsible for any assessments that the City might levy.
Mr. Luther Williams, Box 62 Route #4 - Dover Leipsic Road, was present stating that he was very thankful for the existence of the sewer but could not understand the excessive front foot charge.
Mr. Robert Pleasanton was present, representing his parents who own property on Persimmon Tree Lane, and intimated that the sewer at that location was installed at a depth no more than five feet.
City Engineer O’Neill stated that the sewer on Persimmon Tree Lane ranges from a depth of 8' to 14' and averages a depth of 11'.
Mr. Harry Twilley of Persimmon Tree Lane was present and asked if the City had considered that available utilities will attract further development that roads in the area will not accommodate. He pointed out that widening of the roads will take additional frontage from property owners and development will cause crowding, noise pollution and an overall undesirable impact on the area.
Mr. Witt questioned the fact that certain businesses were not assessed a share of the installation but reminded those present of the advantages of City utilities in the area of health and property value enhancement.
Mr. Witt moved that any action on the assessment be deferred and the matter be referred back to the Utility Committee for investigation and an answer to all the questions presented. The motion was seconded by Mr. Muir.
Mr. Weyandt moved to amend the motion, adding that the City Clerk prepare a list of all questions presented in the hearing for submission to the Utility Committee and the City Manager to prepare answers to the questions. The aforesaid is to be completed for Council action within (60) days. The amendment was accepted by Mr. Witt.
Mr. McDonough moved for a further amendment that would defer all assessment bills to residents until all questions have been answered and Council reconsiders the front foot charge. The motion was seconded by Mr. Weyandt.
The second amendment to the main motion to defer all assessment bills to residents was unanimously carried.
The first amendment to the main motion that would direct the City Clerk to prepare a list of all questions presented in the hearing for submission to the Utility Committee and the City Manager was unanimously carried.
The main motion that would defer any action on the assessments and refer the matter to the Utility Committee was unanimously carried.
PUBLIC HEARING - CONTINUATION - REZONING - 25 S. GOVERNORS AVENUE - BONITA BAGGETT
Mayor Legates requested that Mr. Roe enlighten Council on further information received on the rezoning request of property located at 25 S. Governors Avenue, owned by Bonita Baggett.
Mr. Roe referred to a letter from Ms. Bonita Baggett and Mabel Rankin which advised him of a withdrawal of the request to rezone.
By motion of Mr. Witt, seconded by Mr. Muir, Council accepted the withdrawal of the rezoning request unanimously.
SET PUBLIC HEARINGS - PROPERTY VIOLATIONS OF DANGEROUS BUILDING ORDINANCE
By motion of Mr. Witt, seconded by Mr. Bewick, a public hearing was set for March 26, 1979 at 7:30 p.m. to hear appeals from the following property owners who have failed to comply with notification of a violation of the Dangerous Building Ordinance at the addresses listed below:
1. Calvin Farlow - 1143 Walker Road
2. Rev. Martha Lawhorn - 320 W. Division Street
3. Esteban Gonzalez, Jr. & Melvin Colbert - 102 S. Kirkwood Street
The motion for the public hearing was unanimously carried.
DEDICATION OF STREETS - THE HAMLET
Mr. Mogan advised Council that deeds are now in his office for the following streets in the Hamlet: 1. Quail Hollow Drive 2. Old Forge 3. Cobblers Lane 4. Heritage Drive
He added that a surety bond in the amount of $15,000 for a twelve month period has been received and an additional $3,000 by check to be held in escrow for repairs to Quail Hollow Drive and Heritage Drive. It was his recommendation that the streets be dedicated and accepted into the City of Dover.
Mr. Muir moved for the recommendation of the City Manager, seconded by Mr. Weyandt.
Questioned by Mr. Witt, Mr. Mogan stated that the $3,000 escrow check was submitted for repairs for Quail Hollow Drive. Mr. Witt questioned to advisability of accepting Quail Hollow Drive at this point in time, advising Council of the uneven surface that exists.
On a call for the question for acceptance and dedication of the streets and by a roll call of six (6) yes, one (1) no (Mr. Witt) and one (1) absent (Mr. Hardcastle), the dedication was approved.
Pointing out that damage normally occurs in roadways after and during the winter months up until April, Mr. Carson suggested that Council, in the future, only accept streets for dedication on or after the month of June.
REZONING REQUEST - FRED CAREY ASSOCIATES - NORTHEAST CORNER OF WALKER ROAD
A request was received from Fred Carey Associates to rezone property located on the northeast corner of Walker Road and Dover-Kenton Road (Road #104) for the purpose of a convenience market. 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.
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 on the northeast corner of Walker Road and Dover-Kenton Road (Road #104) are presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on April 23, 1979 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to C-4 that property located on the northeast corner of Walker Road and Dover-Kenton Road (Road #104), owned by Fred Carey Associates.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MARCH 12, 1979
REZONING REQUEST - COUNCILMAN WITT - 350 N. BRADFORD STREET
A request was received from Councilman Witt to rezone property located at 350 N. Bradford Street. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
Noting that Councilmen are permitted to request a rezoning of property, Mr. McDonough asked Mr. Witt what circumstances prompted his action.
Mr. Witt stated that the property is zoned commercial and situated in a predominately residential area. After contacting adjacent residents, it was his opinion that the property should be rezoned residential to prevent an undesirable business in the location.
By motion of Mr. Bewick, seconded by Mr. McDonough, 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 350 N. Bradford Street are presently zoned for C-1 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on April 23, 1979 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from C-1 to RG-1 that property located at 350 N. Bradford Street, owned by Richard &/or Laurel Swain.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MARCH 12, 1979
CORRESPONDENCE
Friends of Old Dover - Old Dover Days Sign
A request was received from Mrs. Ann Baker, Tour Co-chairman for Old Dover Days, to erect four signs announcing Old Dover Days on the highways approaching the City.
Mr. Willis reported conversations with Mr. Satterfield, a member of the committee, who stated that the signs would be approximately 3' x 4' with brown and white lettering in a colonial design. The signs would be removed after the occurrence of Old Dover Days.
Mr. Roe stated that if it was Council’ wish to approve the signs, a referral to him would afford an opportunity for conversations with Mr. Ray Pusey of the Highway Department and further discussions with the Friends of Old Dover if the sizes and locations do not meet the requirements of the City and the Highway Department.
Mr. Witt moved for approval of the request, subject to the conditions erected by the Building Inspector and the Office of the City Manager. The motion was seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 9:15 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of March 12, 1979, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
March 19, 1979
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