Regular City Council Meeting
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Nov 13, 1978 at 12:00 AM

REGULAR MEETING

November 13, 1978

The Regular Meeting of Council was held on November 13, 1978 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.

MINUTES

The Minutes of the Regular Meeting of October 23, 1978 were unanimously accepted by motion of Mr. Muir, seconded by Mr. Weyandt and bore the written approval of Mayor Legtes.

APPOINTMENT OF JUDGES - ROBBINS HOSE COMPANY ELECTION - 1978

Mayor Legates presented the names of Councilmen McDonough and Witt and City Clerk/Treasurer Willis to serve as judges at the 1978 annual Robbins Hose Company election.

By motion of Mr. Muir, seconded by Mr. Bewick, Mayor Legates’ appointments were unanimously confirmed.

VOTER REGISTRATION PURGE - SECOND AND FINAL REVIEW

The City Clerk presented a list containing 448 names for Council to consider as the final 1978 Voter Registration Purge. He reported that 152 residents appearing on the original purge have renewed their voter registration.

Mr. Weyandt moved for approval of the voter registration purge, seconded by Mr. Bewick and unanimously carried.

CONSIDERATION OF ALLEY ABANDONMENT - EASTOVER HILLS

Mr. Weyandt addressed Council concerning a 100' to 125' strip of alley running between Bayard Avenue and U.S. Route #13. The City does not utilize the alley for any services except for a utility easement.

Mr. Weyandt moved to refer the matter to the Legislative and Finance Committee for a study into the possibilities of abandonment, reverting said alley to adjoining property owners. The motion was seconded by Mr. Bewick for purposes of discussion.

Mr. Bewick stated that the alley has been a matter of discussion for several years and added that the Utility Committee is waiting for a legal opinion on ownership and possible abandonment through the office of the City Manager.

Upon advisement that the Utility Committee is now considering the disposition of the alley, Mr. Weyandt withdrew his motion for referral to the Legislative and Finance Committee as did Mr. Bewick his second.

CONTRACT AWARD - PHASE II - DOWNTOWN REVITALIZATION PROJECT

After negotiations with contractors, Mr. Hodge advised Council that firm bids have been received on the various projects involved in the revitalization of Downtown Dover which will enable the City to stay within available monies.

He asked for Council’s favorable consideration of the bids to facilitate awarding of contracts that will provide for commencement of construction after January 1, 1979 with a completion date projected for August of 1979, excluding the planting of shrubbery and trees.

The City Manager’s office has been informed by the proper federal agency that funding will be withdrawn if the City does not award contracts by November 30, 1978. Such action by the federal government would obligate the City of Dover for $245,000 already expended for engineering and traffic signalization.

Questioned by Mr. Witt, Mr. Hodge stated that discussions have been held with City personnel, engineers and contractors present concerning the timing sequence of traffic signals presently installed. The engineers have agreed to change the original timing sequence at various intersections to create improved traffic flow. Proper synchronization of the system cannot be accomplished until all signals are installed as designed.

Mr. Muir moved to award the contracts as discussed in the City Manager’s workshop and in accordance with Mr. Hodge’s recommendations. With construction to begin after January 1, 1978 and a completion date of August 1979, the following are the bids to be approved:

                        General Construction - George & Lynch, Inc.           $387,954.45

                        Electrical - H.M. Contractors, Inc.                              99,810.40

                        Planting - Ellery Nurseries                                          27,693.00

The motion was seconded by Mr. Carey and carried by a vote of seven (7) yes, (Mr. Hardcastle absent).

Mr. Hodge continued further to explain that out of the available balance to complete the project, an amount totaling $545,635.87, total bids will encompass an amount of $515,456.85. There will be remaining a contingency in the amount of $56,029.02 for unexpected expenditures.

Pursuant to a request by Mr. Weyandt, Mr. Hodge listed the following deletions and contract item changes:

     Available from Storm Sewer Improvement Bond Fund - Governors 

            Avenue north of Loockerman Street                                                              $ 25,850.00

OTHER CITY FUNDS PLANNED TO BE USED IN PROJECT

     Sanitary Sewer Bonds (Interior Roof Drains)                                                       20,000.00

     Water Improvement Bonds (Water Taps)                                                             3,000.00

     Electric Improvement Funds (primary wire, street light removal, Plaza lights)    17,076.00

ESTIMATED TOTAL CITY FUNDS                                                                       $ 40,076.00

ITEMS DELETED FROM ORIGINAL BID

     New Water Mains                                                                                                  81,481.00

     Belgium Block x-walk                                                                                          26,395.00

     Interior Roof Drains                                                                                              23,925.00

     Flag Holders                                                                                                          2,040.00

                                                                                                                                    $1 33,841.00

CHANGES IN CONTRACT ITEMS

     4" Concrete sidewalk in place of London Pavers                                      57,864.00

     Type III Curb & Gutter in place of Straight Curb                                                 7,649.00

     Remove Primary Service from bid

     Change type of street lights, change in wiring size,

            street light removal by City personnel                                                             42,000.00

                                                                                                                                    $ 107,513.00

It is planned for City forces to remove existing street lights, install primary electric service, install three lights on The Plaza, install joint repair clamps on existing water mains as preventive maintenance, install new corporation stops, and plug existing water taps after contractor has installed new services.

ILLUMINATION OF DOWNTOWN CHRISTMAS LIGHTS

In compliance with the perennial custom of illuminating the downtown Christmas lights, Mr. Witt moved that the Christmas decorations be energized from dusk until 10:00 p.m. from Thanksgiving Eve until New Years Eve inclusive. The motion was seconded by Mr. Carey and unanimously carried.

REZONING REQUEST - PROPERTY ON NEW BURTON ROAD - MABEL S. GRIFFITH & EUGENE & MARLENE AUEN

A request was received to rezone property locate on New Burton Road, owned by Mabel S. Griffith and Eugene G. and Marlene G. Auen. Equitable owner is Delaware Brick Company, Inc. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.

By motion of Mr. Muir, seconded by Mr. Weyandt, 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 New Burton Road 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 11, 1978 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to C-3 that property located on New Burton Road, owned by Mabel S. Griffith and Eugene G. & Marlene G. Auen.

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

ADOPTED NOVEMBER 13, 1978

REZONING REQUEST - DANIEL DURHAM - COUNTY ROAD #100

A request was received from Daniel Durham to rezone property located on County Road #100 for the purpose of a bicycle repair shop and showroom. 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 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 County Road #100 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 11, 1978 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to C-1A that property located on County Road #100, owned by Daniel Durham.

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

ADOPTED NOVEMBER 13, 1978

REZONING REQUEST - ESTATE OF WALTER H. FAILING - DOVER LEIPSIC ROAD (COUNTY ROAD #88)

A request was received from the estate of Walter H. Failing, Keith Failing/Executor, for the purpose of a racquetball and health club. The equitable owners are Richard A. Headley and Richard A. Parsons and the property is located on the Dover Leipsic Road (County Road #88).

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 Dover Leipsic Road (County Road #88) are presently zoned for R-8 ues, 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 January 8, 1979 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-8 to C-4 that property located on Dover Leipsic Road, owned by the estate of Walter H. Failing (Keith Failing/Executor).

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

ADOPTED NOVEMBER 17, 1978

DEFERRED BUSINESS

Computer Status Report and Duplicate Electric Cutoff Notice

Mr. Hodge reminded Council that their packets included a status report on the installation of the new computer. Also included in the packet was a copy of the duplicate electric notice.

CORRESPONDENCE

Lighting of Foot Bridge - Lebanon Road

A letter from the Greater Dover Chamber of Commerce (Mr. George W. Spencer, Chairman of Military Affairs) requested that the City of Dover install lighting on a foot bridge across St. Jones River on the Lebanon Road. Mr. Spencer stated that the Chamber presently has lights that were used at the recent Chicken Festival and offered to donate same for the project.

By motion of Mr. Witt, seconded by Mr. McDonough, Council unanimously referred the matter to the Utility Committee.

Mayor Legates informed Council of a conversation with Mr. Strickland of the Engineering Department of Dover Air Force Base, and Mr. Spencer, Chairman of Military Affairs for the Greater Dover Chamber of Commerce, where it was stated that the Air Base is not permitted to engage in such a project for installation of the lights and a comment by Mr. Spencer that the Chamber of Commerce has accepted this as one of their projects to further enhance Air Base and City of Dover relationships.

Meeting Adjourned at 7:40 P.M.

                                                                        WILLIAM H. WILLIS

                                                                        CITY CLERK

All orders, ordinances and resolutions adopted by City Council in their meeting of November 13, 1978, are hereby approved.

CHARLES A. LEGATES, JR.

                                                                        MAYOR

November 20, 1978

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