REGULAR MEETING
September 25, 1978
The Regular Meeting of Council was held on September 25, 1978 at 7:30 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt, Carson and Bewick.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
RESOLUTION - WILLIAM T. JAMES, CITY MANAGER
By motion of Mr. Witt, seconded by Mr. Carey, Council adopted the following resolution by a unanimous roll call vote.
WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the untimely death of William T. James, City Manager of the City of Dover, who departed this life on September 25, 1978; and
WHEREAS, William T. James served as City Manager from 1972 to the present and through his able leadership, the City continued to operate efficiently despite the economic difficulties that befell the entire nation during these years; and
WHEREAS, as City Manager William T. James was a member of the International City Manager’s Association, the National League of Cities, the Executive Board of the Delaware League of Local Governments and the Resolutions Committee of the American Public Power Association; and
WHEREAS, William T. James was greatly admired and respected by all who worked for and with him; and
WHEREAS, William T. James had served as President and Chief of the Robbins Hose Company and was a life member of that organization.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council express their regret at the death of William T. James and extend their deepest sympathy to his wife, Eliza.
2. That the Mayor and Council make known their appreciation of William T. James for his unfaltering leadership of the City administration and for the countless hours he devoted to the City of Dover.
3. That the Mayor and Council direct the City Clerk of the Council to make this Resolution a part of the permanent records of the City of Dover in recognition of the faithful and loyal efforts of William T. James.
ADOPTED SEPTEMBER 25, 1978
EXECUTIVE SESSION
Honoring a request by Mayor Legates, Mr. Witt moved that Council recess for the purpose of an Executive Session. The motion was seconded by Mr. Muir and unanimously carried.
Council reconvened at 7:30 p.m.
MINUTES
The Minutes of the Regular Council Meeting of September 11, 1978 were unanimously approved by motion of Mr. Muir, seconded by Mr. Witt and bore the written approval of Mayor Legates.
MONTHLY REPORTS
Chief of Police Report for the Month of August
By motion of Mr. Witt, seconded by Mr. Carey, the Chief of Police Report for the Month of August was unanimously approved.
Building Inspector and Fire Marshal Report for the Month of August
By motion of Mr. Weyandt, seconded by Mr. Witt, the Building Inspector and Fire Marshal Report for the Month of August was unanimously approved.
City Alderman’s Report for the Month of August
Total fines submitted for the month of August were reported as $923.00. By motion of Mr. Witt, seconded by Mr. Carey, the City Alderman’s Report for the Month of August was unanimously approved.
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. Witt, seconded by Mr. Carey.
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. Witt, seconded by Mr. Carey.
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. Weyandt, seconded by Mr. Carey.
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. Witt, seconded by Mr. Weyandt.
Electric Improvement and Extension Fund, Receipts & Disbursements Report - August
The Electric Improvement and Extension Fund, Receipts & Disbursements Report for the Month of August was unanimously approved by motion of Mr. Witt, seconded by Mr. Bewick.
Library Fund, Cash Receipts & Disbursements Report - August
Mayor Legates advised Council of reports from patrons of the library who state that night personnel seem to rush the closing hour of 9:00 p.m., creating an uncomfortable atmosphere for those present. He requested that Mr. Hodge investigate the complaint and advise the library supervisor that patrons are welcome until the 9:00 p.m. closing time.
Mr. Witt and Mr. Weyandt suggested that the week day and Saturday library hours and winter and summer schedules be studied for hours that might be more convenient for patrons using the library.
Mr. Witt moved for approval of the Library Fund, Cash Receipts and Disbursements Report for the Month of August, seconded by Mr. Carey and unanimously carried.
CITY MANAGER REPORT - AUGUST
Mr. Weyandt inquired concerning iron content in six of the eight surface wells drilled at McKee Run for cooling water purposes. Mr. Hodge stated that two of the wells located at the site of the test borings were well within the limits of chemical content. The remaining six do contain high iron content and are north of the site where the tests were taken before initiation of the project. He agreed that tests in the location of the six wells would have proven undesirable iron content. Methods of treatment for the iron content are being investigated.
Questioned by Mr. Hardcastle, Mr. Hodge reported that signs prohibiting swimming in Silver Lake have been removed since tests indicate a safe level of bacteria and contaminant. No tests have been conducted recently.
Mr. Roe stated that the City’s complaint of pollutant infiltration has been submitted to the Department of Natural Resources and the Kent County Drainage Engineering Department. The City has no jurisdiction in the matter of the pumping station’s contribution to pollution at Carlisle Village. Further tests will be conducted during periods of substantial rainfall.
Mr. Witt moved for approval of the City Manager’s Report for the Month of August, seconded by Mr. Carey and unanimously carried.
J.P. COURT #7 REPORT FOR THE MONTH OF AUGUST
A check was received in the amount of $7,904.96 from J.P. Court #7 for the month of August. Mr. Muir moved for approval of the report as submitted, seconded by Mr. Carey and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
School Crossing Guards
Mr. Hardcastle reported two meetings of the Safety Advisory Committee on the subject of crossing guards which has resulted in several suggestions that could involve Capital School District in assisting the City and alleviating some of the difficulties in maintaining a full compliment of guards throughout the school year. Chief Spence will attend the October 18th School Board meeting where these suggestions will be further discussed. Hopefully, a recommendation will be presented to Council in November.
Mr. Witt noted parental concern over the possibility of unmanned intersections and emphasized that the time at hand for the County and the School District to accept their share of responsibility.
Mr. Muir moved for approval of the Safety Advisory Committee report, seconded by Mr. Hardcastle and unanimously carried.
GIRL SCOUT LANE ANNEXATION
The City Clerk read into the record the following ordinance which incorporates Girl Scout Lane into the limits of the City of Dover.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Certain lands known as Girl Scout Lane adjacent to the City of Dover Park and Recreation area, and an additional side street connecting said Girl Scout Lane to Nixon Lane, and being more particularly described in a deed from Eugene D. Reed, et. al., to the City of Dover, made on June 23, 1975, and recorded in the Kent County Recorder of Deeds office in Book D, Page 371, as being lands wholly owned by the City of Dover and are hereby annexed to and incorporated into the corporate limits of the City.
Said lands were adjacent to the City of Dover Park and Recreation area and the City Clerk’s office is hereby directed to update its map of the City to include and recognize these said lands as being within the City’s corporate limits and boundaries.
ADOPTED SEPTEMBER 25, 1978
Mr. Weyandt moved for adoption of the ordinance, seconded by Mr. Bewick and by a unanimous roll call vote, said ordinance was approved.
SOLICITOR’S REPORT - ABILITY TO REGULATE COMMERCIAL AND/OR TRUCK TRAFFIC ON GOVERNORS AVENUE AND STATE STREET
City Solicitor Rodriguez explained that the present active ordinance covers heavy vehicles and trucks but does not specifically mention commercial traffic. He further stated that the ordinance as written is sufficient to regulate truck traffic but added that Council would be required to specify the streets to be covered by the restriction. The present ordinance encompasses within Pear Street, Governors Avenue and Walker Road with the exception of Governors Avenue, William Street and Pear Street and is based on tonnage of the vehicle not to exceed six tons.
Mr. Muir moved for the recommendation of the City Solicitor to accept the present ordinance as written. The motion was seconded by Mr. Weyandt.
Mr. Witt felt that the matter should be referred to Committee for further discussion.
On a call for the vote, Mr. Muir’s motion was approved by a vote of seven (7) yes, one (1) no (Mr. Witt).
HALLOWEEN AND TRICK OR TREAT DATE
Mayor Legates stated that historically it has been the duty of the Mayor to proclaim the date for observance of Halloween and Trick or Treat evening. Due to past controversy on dates that have been selected, he suggested that this matter be referred to the Parks, Playgrounds and Trees Committee for a recommendation to Council.
Mr. Muir moved for the recommendation of Mayor Legates, seconded by Mr. Witt and carried by a vote of seven (7) yes, one (1) no (Mr. Weyandt).
REZONING REQUEST - DANIEL DURHAM - COUNTY ROAD #100
A rezoning request was received from Mr. 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. McDonough, seconded by Mr. Witt, 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 October 23, 1978 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to C-3 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 SEPTEMBER 25, 1978
ADDITIONAL VOTER REGISTRATION DATES
City Clerk Willis requested that Council delegate their authority to the Office of the City Clerk to set additional registration dates. Due to the ordinance which requires advertisement of any such dates three weeks prior to the date of an extra day, Mr. Willis explained that this would enable him to more efficiently arrange for various registration locations. In addition, arrangements are being made through the League of Women Voters and his office to hold registration at the Blue Hen Mall during the dates of October 20th and 21st.
Mr. Muir moved to delegate Council’s authority to the City Clerk as requested and stipulated that any cost involved be held to a bare minimum. The motion was seconded by Mr. Witt and unanimously carried.
PUBLIC HEARING - DORIS H. KOHN - 882-884 S. GOVERNORS AVENUE
A public hearing was duly advertised for this time and place to consider rezoning property located at 882-884 S. Governors Avenue, owned by Doris H. Kohn for the purpose of an office building.
The City Clerk read into the record a letter from Mr. Michael A. Foster, agent for the equitable owners, Mr. Matthew J. & Shirley M. Spinella, withdrawing the rezoning request in behalf of Mrs. Kohn.
In view of the letter of withdrawal, Mayor Legates stated that the above property would remain as zoned at R-8.
PUBLIC HEARING - MABEL GRIFFITH AND EUGENE & MARLENE AUEN - NEW BURTON ROAD
A public hearing was duly advertised for this time and place to consider the rezoning of property located on New Burton Road, owned by Mabel Griffith and Eugene & Marlene Auen, for the purpose of a brick storage yard. The equitable owner is Delaware Brick Company, Inc. Mayor Legates declared the hearing open.
Mr. Eugene Callaghan, Vice-President of the Delaware Brick Company, was present stating that the reason for the rezoning request was to enable the company to shift their operation from the present site on the DuPont Highway to New Burton Road for the purpose of a brick storage yard and a building which would house a showroom.
Questioned by Mr. Bewick and Mr. Weyandt, Mr. Callaghan explained plans to erect a fence around the entire property and an entrance off of New Burton Road. It was also noted that residents in the area would be allowed an opportunity to speak during consideration of the site approval by the Planning Commission.
Mrs. Jane Hicks of 803 Sunset Terrace was present to speak against the rezoning. It was Mrs. Hicks opinion that development along New Burton Road should be consistent with buildings that exist on South Queen Street and South New Street, such as professional office buildings, banks, etc. She pointed out that the brick storage yard would be directly across from a City park.
Mr. Weyandt pointed out that the Land Use Map specifies commercial development in this particular area.
Mr. Donald Dryden of 59 Sherwood Court was present to speak against the rezoning and presented a petition from area residents consisting of approximately 44 names.
Mr. Joseph Konecny of 46 Konschak Avenue was present to speak against the rezoning and expressed an opinion that the area should be developed for consumer services other than a type such as a brick yard.
Mr. Frank Micale of 864 Westview Terrace was present expressing a desire that development in this area be consistent with that of South Queen Street and South New Street.
Mr. Bruce Gould of 944 Westview Terrace was present to express concern in the possible increase of truck traffic on Westview Terrace and the precedent that might be set by allowing the existence of a brick storage yard.
Mrs. Ruth Durant of 800 Westview Terrace expressed concern that a brick storage yard might decrease the value of her property which is directly across New Burton Road.
Mr. Mike Godwin of 906 Westview Terrace related his opinion as to the disorderly facility now operated by Delaware Brick Company on the DuPont Highway. He stated that he would not like to see a duplicate of this business across from the development of Sherwood.
Mr. Weyandt related to the objections of residents present and asked if it would be possible to refer the rezoning back to the Planning Commission with the stipulation that the Delaware Brick Company submit a plan of the proposed installation for review and citizen input.
Mr. Roe stated that this would be possible but would also be contractual zoning, which is not permitted by law. If the property is rezoned to a C-3 category, installations such as warehouses, laundry plants, farm equipment sales and small manufacturing would be allowed if the owner followed the Code requirements.
Mr. Weyandt stated that the Planning Commission reconsideration would afford residents the opportunity to state objections.
Mr. McDonough pointed out that a denial by Council would still allow the company to reapply at a later date.
Mayor Legates declared the hearing closed.
Mr. McDonough moved for the denial of the rezoning, seconded by Mr. Carey. By a roll call vote of five (5) yes, two (2) no (Mr. Muir and Mr. Carson) and one (1) not voting (Mr. Witt) the rezoning was denied.
Mr. Weyandt moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:50 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of September 25, 1978, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
September 29, 1978
db