REGULAR MEETING
January 8, 1979
The Regular Meeting of Council was held on January 8, 1979 at 7:00 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt and Carson. Mr. Bewick was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
EXECUTIVE SESSION
Mr. Witt moved to recess for an executive session to discuss possible litigation, seconded by Mr. Carson and unanimously carried.
By motion of Mr. Muir, seconded by Mr. Carey, Council reconvened for the regular session at 7:28 p.m. The motion was unanimously carried.
MINUTES
The Minutes of the Regular Meeting of December 11, 1978 were unanimously accepted by motion of Mr. Muir, seconded by Mr. Hardcastle and bore the written approval of Mayor Legate.
SUSPENSION OF POLICE DEPARTMENT PROMOTIONAL TEST
Patrolman Timothy Melaney addressed Council, stating that the department was notified on December 12, 1978 of the appointment of a committee to approve promotional procedures within guidelines as approved by Council. The notice by Chief Spence also stated that promotional testing would be suspended, relating to the fact that no vacancies in the department presently exist thus saving the cost of testing.
It was Patrolman Melaney’s thought that suspension of the testing would be adverse to his career within the department.
He added that he did not think it was within Chief Spence’s authority to suspend said testing without direct authorization of Council.
The Committee appointed to revise promotional procedures was to submit their findings in September of 1978 related Patrolman Melaney. To date, no such report has been implemented for review, resulting in the suspension of tests effecting many of the department’s personnel adversely. Although he has qualified, Patrolman Melaney stated that he has no prospects of promotion until July 1980. To cancel the promotional procedure is contrary to established guidelines and an injustice to those effected. He advised those present that he was not asking for a promotion but to be afforded the opportunity to qualify for advancement when an opening is established.
Chief Spence referred to a letter submitted to Council at the December 4, 1978 meeting which stated that promotional procedure established by Council in their January 1977 meeting required a promotional examination to be held annually. He requested that the procedure be waived until February 1980 due to a study being conducted to revise some of the qualifications for promotion. The letter stated that there are no present vacancies in any rank now or in the foreseeable future. It was his feeling that the examination cost of approximately $1,400 could be saved.
His denial for Patrolman Melaney to speak on the matter to Mayor Legates was based on the fact that guidelines were established by Council and they alone could institute any changes.
Questioned by Mr. McDonough, Mr. Weyandt substantiated the remarks of both Patrolman Melaney and Chief Spence, stating that the bargaining committee felt that the promotional procedure was an internal matter and should be settled within the department.
Mayor Legates suggested that the matter be referred to the Legislative and Finance Committee with a report back at the next regular Council meeting.
Mr. Witt moved for referral of the matter to the Legislative and Finance Committee for the purpose of a recommendation that would propose holding the annual promotional test or to uphold Chief Spence’s decision to cancel the testing until February 1980. The motion was seconded by Mr. Hardcastle and unanimously carried.
RESOLUTION - DESIGNATING OFFICIAL REPRESENTATIVE OF THE CITY - EPA APPLICATION
Mr. Hodge explained that the resolution as presented will authorize the filing of an application with EPA for a federal grant designating an official representative of the City of Dover. Acceptance of the application by EPA will initiate phase 3 of a program to eliminate storm sewer runoff into the sanitary sewer system. Construction and engineering will amount to approximately $350,000 of which the City will contribute 15%.
By motion of Mr. Witt, seconded by Mr. Muir, Council by a unanimous roll call vote, (Mr. Bewick absent) adopted the following resolution.
WHEREAS, a Comprehensive Sewer Planning Study was prepared and presented to the City Council, City of Dover, in July 1975; and
WHEREAS, that report determined that certain modifications and/or additions to the City’s Sanitary System would be required to provide adequate capacity for both present and future wastewater flows from within the ultimate service area of the System; and
WHEREAS, the City of Dover (hereinafter referred to as the “City”), after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that the initiation of certain construction, generally described as Collection System Improvements (hereinafter referred to as the “Project”), is in the public interest and to that end it is necessary that action preliminary to the initiation of said Project be taken immediately; and
WHEREAS, the Members of the City Council, City of Dover, resolved on August 23, 1975 to file an application with the United States Environmental Protection Agency (hereinafter referred to as the “Agency”), for a Federal grant to aid in financing the cost of the said Project; and
WHEREAS, the U.S. Environmental Protection Agency and the State of Delaware provided grants to the City for the studies, preparation of design, plans and specifications of the said Project, and
WHEREAS, the said plans and specifications have been reviewed and approved by the City; and
WHEREAS, the City, in accordance with its Charter, which was created by an Act of the General Assembly of the State of Delaware in 1929, has the legal authority to acquire, plan, finance and operate said Project; and
WHEREAS, Title II of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500, 33 U.S.C. 1251 et seq.) authorizes the award of grants to aid in financing the cost of necessary sewage facilities; and
WHEREAS, the City has duly considered said Law and deems it to be in the public interest to file an application under said Law and to authorize other action in connection therewith;
NOW, THEREFORE, BE IT RESOLVED by the Members of the City Council, City of Dover;
THAT an application, including all understandings and assurances contained therein be filed with the Agency for a Federal grant to aid in financing the Construction Phase (Step III) of said Project;
THAT C. Donald Hodge, Acting City Manager, is hereby designated as the Authorized Representative of the City and is authorized to file and sign the application with the Agency;
THAT C. Donald Hodge, Acting City Manager, is authorized to act in connection with the application and to execute, acknowledge, and deliver any documents and such additional information as may be required;
THAT if a Federal grant is awarded, the City has sufficient funds available to meet the non-Federal phase of the cost of said Project;
THAT work on the Project will be commenced within a reasonable time after notification from the Agency that funds have been approved and that the Project will be carried out to completion with reasonable diligence.
ADOPTED JANUARY 8, 1979
RESOLUTION - GENERAL FUND - SHORT TERM LOAN - $300,000
Mayor Legates explained that adoption of the proposed resolution will authorize a short term loan to subsidize the General Fund for the current year.
Mr. Witt noted that $500,000 has been required in the last two years.
By motion of Mr. McDonough, seconded by Mr. Muir, Council by a unanimous roll call vote, (Mr. Bewick absent) adopted the following resolution.
WHEREAS, the City of Dover needs to borrow the sum of $300,000.00 to be deposited in the general fund for the purpose of meeting current financial needs; and
WHEREAS, the City of Dover shall repay this loan on or before June 30, 1979.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, IN COUNCIL MET:
1. That the City of Dover shall borrow the sum of $300,000.00 to supplement the general fund for the purpose of meeting current financial needs which loan shall be repaid on or before June 30, 1979.
2. That the City Manager is authorized to secure a loan in the amount of $300,000.00 at the best possible terms.
ADOPTED JANUARY 8, 1979
PUBLIC HEARING - ZONING ORDINANCE - SIGNS - RESIDENTIAL AREAS
A public hearing was duly advertised for this time and place to consider an amendment to the zoning ordinance which would enlarge real estate signs designating sold, rent, etc. as requested by the Kent County Realtors Association and recommended by the Planning Commission. Mayor Legates declared the hearing open.
There was no one present to speak for or against the proposed amendment to the zoning ordinance. Mayor Legates declared the hearing closed.
By motion of Mr. Muir, seconded by Mr. Weyandt, Council by a vote of six (6) yes, one (1) not voting (Mr. Witt) and one (1) absent (Mr. Bewick), adopted the following amendment to the zoning ordinance.
BE IT ORDAINED by the Mayor and Council of the City of Dover in Council met:
The Zoning Ordinance of the City of Dover shall be amended pursuant to the provisions of 22 Del. C. §305 et seq., by amending Article III, §.15 (e) (ii), by striking the number “4" in the second sentence and by inserting in its place the number “6 and 1/4" and by striking the last clause in the third line after the word “standing” and by inserting in its place the clause to read as follows: “is located on the property or premises behind the property line:” so that said new subsection shall read in its entirety as amended as follows:
“ii. One temporary non-illuminated sign advertising the sale or rental of the premises on which such sign is situated, with an area or not over 6 and 1/4 square feet, provided such sign is located on the front wall of a building or, if free standing, is located on the property or the premises behind the property line; and”
PUBLIC HEARING - ZONING ORDINANCE AMENDMENT - BULK AND PARKING REGULATIONS - MULTI-PLEX RM-1 AND RM-2 ZONES
A public hearing was duly advertised for this time and place to consider amending the zoning ordinance covering bulk and parking regulations in multi-plex RM-1 and RM-2 zones as recommended by the Planning Commission. Mayor Legates declared the hearing open.
Mr. Roe explained that the proposed zoning ordinance stems from a request of the Planning Commission to change the required total lot area in RM-1 and RM-2 zones from 5,000 square feet to 3,000 square feet. He added that the amendment would establish requirements for multi-plex dwellings and improve townhouse developments. It is hoped that the amendment will contribute to better parking facilities in these zones and initiate more realistic methods of access for trash pickup.
Mayor Legates declared the hearing closed.
By motion of Mr. Muir, seconded by Mr. Weyandt, Council unanimously adopted the following amendment to the zoning ordinance by a vote of seven (7) yes, one (1) absent (Mr. Bewick).
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Zoning Ordinance of the City of Dover be amended pursuant to the provisions of 22 Del. C. § 304 as follows:
1. Article IV; Section 4.7 is amended by changing the Lot Area Minimum Requirements for Multiplex Dwellings from 5,000 square feet to 3,000 square feet.
2. Article IV; Section 4.8 is amended by changing the Lot Area Minimum Requirements for Multiplex Dwellings from 5,000 square feet to 3,000 square feet.
PUBLIC HEARING - REZONING - WALTER H. FAILING ESTATE - DOVER LEIPSIC ROAD - COUNTY ROAD #88
A public hearing was duly advertised for this time and place to consider the rezoning of property located on the Dover-Leipsic Road (County Road #88) owned by the estate of Walter H. Failing (Keith Failing, Executor). The equitable owners are Richard A. Headley and Richard A. Parsons. The request is for the purpose of a racquetball and health club. Mayor Legates declared the hearing open.
Mr. James Hill of 889 Schoolhouse Lane was present to speak in favor of the rezoning, outlining the advantages of a racquetball facility. He informed Council that water and sewer is in place to serve the proposed club which would be accessible for persons living in the immediate Dover area. The site also would offer adequate facilities to accommodate the expected patronage. Mr. Hill further stated that the proposed site is in a C-4 zoning area and the club would be a distinct asset to adjoining properties. To his knowledge there have been no objections expressed by present property owners or tenants.
Questioned by Mr. Weyandt, Mr. Roe stated that it was his feeling that a facility such as the racquetball club would act as a buffer between other commercial properties in the area and proposed medium density residential as stipulated in the Comprehensive Plan. He did not feel that residences would be proper use due to the close proximity of other commercial establishments and Dover Downs.
Mayor Legates declared the hearing closed.
By motion of Mr. Muir, seconded by Mr. Weyandt, Council by a unanimous roll call vote, Mr. Bewick 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 THE LAND LOCATED ON COUNTY ROAD #88 (DOVER-LEIPSIC ROAD).
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from R-8 to C-4.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation on property located on the Dover-Leipsic Road (County Road #88), owned by the estate of Walter H. Failing (Keith Failing, Executor).
ADOPTED JANUARY 8, 1979
MONTHLY REPORTS
Chief of Police Report for the Month of November
The Chief of Police Report for the Month of November was unanimously approved by motion of Mr. McDonough, seconded by Mr. Weyandt.
Building Inspector & Fire Marshal Report for the Month of November
The Building Inspector & Fire Marshal Report for the Month of November was unanimously approved by motion of Mr. Witt, seconded by Mr. Hardcastle.
City Alderman Report for the Month of November
The City Alderman reported fines received for the month of November in the amount of $989.00.
By motion of Mr. Witt, seconded by Mr. Weyandt, the City Alderman Report for the Month of November was unanimously approved.
General Fund, Cash Receipts Report for the Month of November
The General Fund, Cash Receipts Report for the Month of November was unanimously approved by motion of Mr. Witt, seconded by Mr. Muir.
General Fund, Budget Report for the Month of October
The General Fund, Budget Report for the Month of October was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
Electric Revenue Fund, Cash Receipts Report for the Month of November
The Electric Revenue Fund, Cash Receipts Report for the Month of November was approved by motion of Mr. Witt, seconded by Mr. Carey.
Electric Revenue Fund, Budget Report for the Month of October
The Electric Revenue Fund, Budget Report for the Month of October was unanimously approved by motion of Mr. Witt, seconded by Mr. Muir.
Electric Improvement Fund, Cash Receipts & Disbursements Report - November
The Electric Improvement Fund, Cash Receipts & Disbursements Report for the Month of November was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Muir.
Library Fund, Cash Receipts & Disbursements Report - November
The Library Fund, Cash Receipts & Disbursements Report for the Month of November was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
City Manager Report for the Month of November
The City Manager Report for the Month of November was unanimously approved by motion of Mr. Muir, seconded by Mr. Carey.
J.P. COURT #7 REPORT - NOVEMBER
A check was received from J.P. Court #7 for the month of November in the amount of $6,487.62. By motion of Mr. Hardcastle, seconded by Mr. Muir, the J.P. Court #7 Report for the month of November was unanimously approved.
SPECIAL ELECTION - THIRD ASSISTANT CHIEF - ROBBINS HOSE COMPANY
Acting City Manager Hodge reported the following results of the special election held on December 19, 1978, as certified by the judges, Mr. Witt, Mr. McDonough and Mr. Willis, for the office of Third Assistant Chief of the Robbins Hose Company.
William Hurley - 9
Fred Semans - 11
John Willson - 16
(1 blank ballot)
Total Ballots Cast 37
Mr. Witt moved for approval of John Willson as the Third Assistant Chief for the year 1979, seconded by Mr. McDonough and unanimously carried.
HUEBNER FARM - LAND RENTAL BID AWARD
Mr. Hodge reported the following sealed bid results for the land rental of the Huebner Farm:
Richard Wilson - $68.25 per acre
Francis Bergold - $81.00 per acre
The Huebner Farm consists of approximately 146.5 acres, of which 115 acres is tillable. As in the past, the terms of the agreement stipulate that Mr. Bergold will rent the land at the above specified price per acre for a period of two (2) years with a provision for one (1) year extension.
By motion of Mr. Carson, seconded by Mr. Muir, Council unanimously approved the successful bid of Mr. Francis Bergold for a price of $81.00 per acre.
PROPOSED VICTORIAN DISTRICT AS A PART OF THE NATIONAL REGISTER OF HISTORIC PLACES
Mr. Roe was asked to explain the Planning Commission’s recommendation to Council on the Dover Victorian Historical District which has been recommended by the Division of Historical and Cultural Affairs and reviewed by the State Review Board.
Mr. Roe stated that there were particular concern for such a proposal in the areas of Queen Street and New Street where it is possible that structures would want to be demolished or new structures placed. He added that another concern is the old Richardson factory site. It is his feeling that a Victorian District to include the factory would be against the Comprehensive Plan adopted by both the Planning Commission and Council. The Comprehensive Plan calls for density in the downtown area, hoping for density if the downtown area is to survive. If Wesley College is hampered by a restriction to restore the Richardson factory as a museum or something similar, such a decision would not be in keeping with the Comprehensive Plan. He recommended one of two alternatives: 1. To request that anyone wishing to be on the National Register could do so by filling out an application. 2. To modify the area and stipulate that if the downtown merchants want the Victorian District, they should be allowed to apply but certainly not allow the encompassing of one quarter of the City of Dover.
It was the Planning Commission’s recommendation that Council take action that would express opposition to the plan as recommended by the Division of Historical Affairs and reviewed by the State Review Board.
Mr. Roe qualified the Planning Commission’s recommendation by stating that the body does not oppose a Victorian District but certainly opposes the district as presently outlined, which would encompass the greater part of old Dover.
It was Mr. Witt’s opinion that he had not been sufficiently informed nor was he cognizant of the many restrictions and regulations that would be involved in a grant application. He suggested a delay in any action by Council for a possible survey of the feelings of property owners that would be incorporated in the district.
Mr. Roe suggested that possibly members of Council would be interested in attending a meeting in Washington on January 19, 1979 that will speak to the subject of tax incentives for preservation districts.
Mr. Weyandt suggested that the matter be tabled until such time that a survey of the property owners effected is completed.
Ms. Bonnie Baggett of 535 Fairview Avenue was present to speak in favor of the proposed Victorian District. It was her opinion that the proposed Victorian District has caused a lot of overreaction. She pointed out that a survey has been conducted by over 100 volunteers, many being owners of victorian residences. A newer constructed home within the district would not be effected and could ignore the fact that they are a part of the district. She stated that a suggestion that each property owner be permitted to apply individually would only cause a flood of impossible and unnecessary paper work. Mrs. Baggett agreed that a delay or tabling motion to enable Council and other interested persons to obtain more information would be a satisfactory solution. It was her opinion that a spontaneous vote against the Victorian District would deny a multitude of property owners the right to apply and obtain funds available in the program.
Mrs. Baggett read into the record a letter from Mr. Joseph Maybee, President of the Friends of Old Dover, directed to Mayor Legates and members of the City Council, in which he stated that prior to making its recommendation to Council, the City of Dover Planning Commission did not contact the executive committee of the Friends as to their position with regard to the Discover Victorian Dover project. If the organization had been contacted, it was his opinion that their input might have been helpful in clearing up some unfortunate misapprehensions as to the consequences of the establishment of the proposed Historic District.
Once the district has been nominated, Mrs. Baggett informed Council that the proper federal agency will survey each property owner by mail, possibly eliminating the suggestion by Council for a survey of individual property owners.
Mr. Witt moved to table the question of a proposed Victorian District and suggested possible workshop sessions to better inform interested individuals and Council. Mr. Hardcastle seconded the tabling motion which was unanimously carried.
SET PUBLIC HEARING TO ADOPT ORDINANCE - DESCRIPTION OF FARMLAND
Mr. Willis explained that it would be necessary that Council set a public hearing date to adopt an ordinance to initiate a Charter amendment for the purpose of a description of farmland which is needed by the Assessor’s Office.
Since this matter has not been before Council since September 1977, Mr. McDonough suggested that a copy of the ordinance be made available for review two weeks prior to the public hearing, including any background information.
Mr. McDonough moved that a public hearing be held on February 26, 1979 at 7:30 p.m. for the purpose of adopting an ordinance that would amend the Charter and facilitate a method of describing farmland. The motion was seconded by Mr. Witt and unanimously carried.
1979 MUNICIPAL ELECTION - APPOINTMENT OF JUDGES
Mayor Legates submitted the names of Councilman Muir and Councilman Hardcastle to be designated as judges in the 1979 Municipal Election.
Mr. Witt moved for approval of the judges as submitted, seconded by Mr. Carey and unanimously carried.
REZONING REQUEST - BONITA B. BAGGETT - 25 SOUTH GOVERNORS AVENUE
A request was received from Ms. Bonita B. Baggett to rezone property located at 25 South Governors Avenue for the purpose of a dress shop, primarily through telephone and mail orders. He lessee is Mabel E. Rankin. 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. Carey, Council unanimously adopted the 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 25 South Governors Avenue are presently zoned for RG-1 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on February 26, 1979 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to C-1A that property located at 25 South Governors Avenue, owned by Bonita Baggett.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JANUARY 8, 1979
DEFERRED BUSINESS
Electric Heat Survey
Acting City Manager Hodge informed Council that letters pertaining to the electric heat survey have been mailed to 378 electric customers with favorable responses being received.
Water Line - Dover Brook Gardens
Mr. Hodge announced that bids will be ready for Council approval on February 12, 1979 related to the water line for Dover Brook Gardens. On January 16, 1970 a meeting is scheduled with federal, state and city officials to continue discussions on a 100% EDA grant to install a sewage system for Dover Brook Gardens.
Senior Surrey Service - Election Day
Mr. Hodge also informed those present that the Senior Surrey will be operating until 8:30 p.m. for those senior citizens interested in participating in the 1979 Municipal election.
Downtown Dover Revitalization Program
Mr. Hodge informed Council that the Downtown Dover revitalization program has commenced with piping being delivered and electric crews removing street lighting on the north side of Loockerman Street. A weekly progress report will be submitted to keep interested persons and Council abreast of accomplishments, street closings and detours.
CORRESPONDENCE
Delaware Valley Outboard Racing Association
The City Clerk informed Council of a letter to his office from the Delaware Valley Outboard Racing Assoc., suggesting that an arrangement be made to inspect the lake facilities. The letter also suggested that a date be set for the inspection which would include their representative and representatives of the City of Dover. It was also requested that a representative of the association be permitted to attend the Parks, Playgrounds & Trees Committee meeting in February.
Meeting Adjourned at 9:23 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of January 8, 1979, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
January 15, 1979
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