REGULAR MEETING
July 24, 1978
The Regular Meeting of Council was held on July 24, 1978 at 7:30 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt and Bewick. Councilman Carson was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS
Mr. Weyandt requested an additional agenda item to discuss birds and their roosting in the Rodney Road area.
Mayor Legates referred to a letter from the Greater Dover Chamber of Commerce, soliciting funds to buy bonds to offset bills resulting from the Annual Chicken Festival. Additional correspondence from the Chamber of Commerce to Mayor Legates explained that it was not their intention to solicit funds from the City of Dover but to solicit aid through members by the purchase of bonds.
Mr. Hodge requested an additional agenda item to present bid results for Project #73 sewer lines on Jefferic Boulevard.
Mr. Hodge requested an additional agenda item to facilitate a motion pertaining to the 1977-78 Revenue Sharing Grants.
Mr. Willis requested three additional agenda items concerning an annexation request on Acorn Lane, a volleyball tournament in the Silver Lake recreation area and correspondence to Councilman Witt.
JACK T. ROE - CHAIRMAN - COUNTY PLANNING COMMISSION
Mayor Legates informed Council that Mr. Roe was unanimously elected as Chairman of the Kent County Planning Commission and extended his congratulations and best wishes.
MINUTES - COUNCIL MEETING OF JULY 10, 1978
By motion of Mr. Muir, seconded by Mr. Hardcastle, the Minutes of the Regular Council meeting of July 10, 1978 were unanimously approved and bore the written approval of Mayor Legates.
MONTHLY REPORTS
Chief of Police Report for the Month of June
The Chief of Police Report for the Month of June was unanimously accepted by motion of Mr. Weyandt, seconded by Mr. Carey.
Building Inspector and Fire Marshal Report for the Month of June
The Building Inspector and Fire Marshal Report for the Month of July will indicate a six month comparison figure for 1977 and 1978. By motion of Mr. Witt, seconded by Mr. Hardcastle, the Building Inspector and Fire Marshal Report for the Month of June was unanimously accepted.
City Alderman’s Report for the Month of June
Fines remitted for the Month of June totaled $1m203. By motion of Mr. Weyandt, seconded by mr. Carey, the City Alderman’s Report for the Month of June was unanimously accepted.
General Fund, Cash Receipts Report for the Month of June
The General Fund, Cash Receipts Report for the Month of June was unanimously accepted by motion of Mr. Witt, seconded by Mr. Bewick.
General Fund, Budget Report for the Month of May
The General Fund, Budget Report for the Month of May was unanimously accepted by motion of Mr. Witt, seconded by Mr. Carey.
Electric Revenue Fund, Cash Receipts and Disbursements Report - June
The Electric Revenue Fund, Cash Receipts and Disbursements Report for the Month of June was unanimously accepted by motion of Mr. Witt, seconded by Mr. Bewick.
Electric Revenue Fund, Budget Report for the Month of May
The Electric Revenue Fund, Budget Report for the Month of May was unanimously accepted by motion of Mr. Muir, seconded by Mr. Carey.
Electric Improvement Fund, Cash Receipts and Disbursements Report - June
The Electric Improvement Fund, Cash Receipts and Disbursements Report for the Month of June was unanimously accepted by motion of Mr. Bewick, seconded by Mr. Witt.
Library Fund, Cash Receipts and Disbursements Report for the Month of June
The Library Fund, Cash Receipts and Disbursements Report for the Month of June was unanimously accepted by motion of Mr. Weyandt, seconded by Mr. Hardcastle.
Municipal Street Aid Fund - Quarterly Report
The Municipal Street Aid Fund, Quarterly Report, was unanimously accepted by motion of Mr. Hardcastle, seconded by Mr. Carey.
City Manager’s Report for the Month of June
Mr. Hodge stated that a new peak was established at McKee Run this month of 80,300 net kilowatt hours which exceeds the 1975 peak of 78,000 net kilowatt hours. All water source wells are operating satisfactorily and no low water alarms have occurred.
By motion of Mr. Witt, seconded by Mr. Weyandt, Council unanimously approved the City Manager’s Report for the Month of June as submitted.
PROJECT #73 - SEWER - JEFFERIC BOULEVARD
Mr. Hodge reported the following results of a bid opening for Project #73 sewer line on Jefferic Boulevard:
Warren Brothers $15,805 George & Lynch $26,649
Webb Construction Co. 15,850 Seaford Construction 31,455
Teal Construction Co. 24,170
It was the recommendation of the City Manager’s Office that the bid be awarded to Warren Brothers in the amount of $15,805.
By motion of Mr. Witt, seconded by Mr. Bewick, Council by a unanimous roll call vote (Mr. Carson absent) approved the bid of Warren Brothers in the amount of $15,805.
UNAPPROPRIATED 1978 REVENUE SHARING FUNDS
Mr. Hodge requested a motion for authorization to commit $3,949 of unappropriated 1977-78 Revenue Sharing Funds to the Public Safety Account for installation of the fire sirens, approved by Council in a previous meeting.
Mr. Muir moved for approval of the City Manager’s request, seconded by Mr. McDonough and unanimously carried.
REVENUE SHARING FUNDS - APPROPRIATIONS IN THE GENERAL FUND
Mr. Hodge requested a motion to authorize appropriation of $700,000 in the General Fund to the five allowable categories of environmental protection, public health, public safety, recreation and social services.
Mr. Witt moved for approval of the City Manager’s request, seconded by Mr. Muir and unanimously carried.
J.P. COURT #7 REPORT FOR THE MONTH OF JUNE
A check in the amount of $8,144.60 was received from J.P. Court #7 for the Month of June. Mr. Willis informed Council that a quarterly statement of deferred payments covering the period of June 30, 1978 would be available at the August 28th meeting. Auditors in the office at Court #7 have caused a delay in the availability of accounts from which the City’s deferred payments must be extracted.
By motion of Mr. Weyandt, seconded by Mr. Hardcastle, Council approved the J.P. Court #7 Report for the Month of June as submitted.
CORRESPONDENCE
Dover Heritage Trail - Categorical Grant
A letter was received from Ms. Eunice Z. Craig, President of Dover Heritage Trail, requesting further consideration for funds to purchase the McDowell-Collins Store House at 408 South State Street in the form of a categorical grant of $5,000.
Mr. Bewick moved for referral to the Legislative and Finance Committee, seconded by Mr. Hardcastle and unanimously carried.
Annexation Request - Capitol Park
A petition containing 35 names was received requesting consideration of an annexation referendum to incorporate Capitol Park into the City of Dover.
Mr. McDonough moved for referral to the Utility Committee and the Planning Commission, seconded by Mr. Carey and unanimously carried.
Interstate Highway Resolution - Congressman Evans’ Letter
A letter was received from Congressman Thomas B. Evans, Jr., referring to the Interstate Highway Resolution adopted by Council. Congressman Evans stated that he has forwarded a copy of the Resolution to the House Sub-Committee on Surface Transportation which has oversight responsibilities for the Federal Aid Highway Act.
Mr. Witt moved for acknowledgment of the letter, seconded by Mr. Carey and unanimously carried.
Interstate Highway Resolution - Governor du Pont Letter
A letter was received from Governor Pierre S. duPont in reference to the Interstate Highway Resolution adopted by Council. Governor duPont stated that he would sign and support a resolution requesting Congress to pass necessary legislation to expand the system to include all state capitals.
Mr. Witt moved that a letter be written to Governor du Pont requesting that he invite the Congressional Delegation and the Secretary of Transportation of the United States or his representative to convene in the City of Dover to discuss the merits of including the City in the interstate highway system. Copies of the letter are to be mailed to Senators Biden and Roth and Congressman Evans. The motion was seconded by Mr. Bewick and unanimously carried.
Mr. Willis also informed Council of correspondence from Secretary of Transportation, Mr. Brock Adams, stating that a letter and resolution has been referred to the Department of Transportation for response and a quick response from department officials.
PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON THE WEST SIDE OF SAULSBURY ROAD
A public hearing was duly advertised for this time and place to consider the rezoning of property located on the west side of Saulsbury Road, consisting of .56 acres of land owned by James F. and Mary J. Marshall. The request is for the purpose of an upholstery shop.
Mayor Legates declared the hearing open.
Mr. James Marshall mentioned other commercial and industrial facilities in the area. Other than painting and improvements, he plans no major alterations to the present design of the building to be utilized for a neighborhood type upholstery shop. Mr. Marshall presented a statement signed by several residents of the area stating no objections to the aforementioned facility.
Questioned by Mr. McDonough, Mr. Row outlined the reasoning for Planning Commission denial, in that the requested category would be considered spot zoning which historically the Commission has opposed along with any strip commercial bordering Saulsbury Road. In addition, a C-1 zoning does not conform with the Comprehensive Plan and Land Use Map. Mr. Roe agreed that an upholstery shop would be a lesser use but would also allow neighborhood grocery establishments or a retail liquor establishment.
Mr. McDonough felt that the proposed location of the upholstery shop did not lend itself to the surrounding residential area. In addition, businesses of this type along Saulsbury Road might generate a quantity of traffic that would be detrimental to commercial vehicles serving General Foods, Scott Paper, etc.
Mayor Legates declared the hearing closed.
Mr. Hardcastle moved for approval of the rezoning, seconded by Mr. Weyandt. Council, by a roll call vote of five (5) yes, two (2) no (Mr. McDonough and Mr. Witt) and Mr. Carson 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 THE WEST SIDE OF SAULSBURY ROAD, CONSISTING OF .56 ACRES OF LAND.
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 R-20 to C-1.
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 Saulsbury Road, consisting of .56 acres of land, owned by James and Mary Marshall, from R-20 to C-1.
ADOPTED JULY 24, 1978
PUBLIC HEARING - REZONING OF PROPERTY ON THE WEST SIDE OF BRADFORD STREET - KENBRIT CORP.
A public hearing was duly advertised for this time and place to consider rezoning property located on the west side of Bradford Street (lot #16) owned by Kenbrit Corporation for the purpose of a professional building. Mayor Legates declared the hearing open.
Mr. Nick Brown, representing Kenbrit Corporation, was present to explain that an additional 50' lot adjacent to and north of lot #16 was purchased by the Corporation to accommodate added parking and landscaping. When the original site for the proposed professional building was rezoned the 50' lot now before Council for rezoning had not been purchased by Kenbrit.
Questioning Mr. Brown as to the officers and main stockholders of Kenbrit Corporation, it was Mr. Witt’s feeling that this information should be furnished on all corporation rezonings for Council knowledge of those involved.
Mayor Legates declared the hearing closed.
Mr. Bewick moved for approval of the rezoning, seconded by Mr. Carey, and Council by a unanimous roll call vote, (Mr. Carson 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 THE WEST SIDE OF BRADFORD STREET (LOT #16).
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 R-20 to RG-0.
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 Bradford Street (lot #16), owned by Kenbrit Corporation, from R-20 to RG-0.
ADOPTED JULY 24, 1978
REZONING - EAST SIDE OF ROUTE #113 - JEFFERIC ENTERPRISES, INC.
A public hearing was duly advertised for this time and place to consider rezoning property located on the east side of Route #113, immediately north of Dover Downs owned by Jefferic Enterprises, Inc. The equitable owner is Provident Life and Accident Insurance Company and Homart Development Company. The purpose of the application for rezoning is a regional shopping center. Mayor Legates declared the hearing open.
Mr. Nathan Cohen was present to ask for approval of the rezoning and introduced Mr. David Gill, Project Manager for Homart Corporation, a subsidiary of Sears and Roebuck.
Mr. Gill explained that Homart Company has surveyed several areas in and around the City of Dover, settling on the present site for the purpose of consolidating all Sears facilities into a single unit and incorporate these facilities into a regional shopping center. In order that Council could better understand the corporate operation, he introduced Ms. Catherine Knapper to present a slide film portraying the company’s past history and accomplishments in other areas. Ms. Knapper also outlined the corporate structure of Homart, a wholly owned subsidiary of Sears and Roebuck Company. Mr. Gill stated that the center will serve approximately 150,000 people from an area extending south to Georgetown and north to Wilmington. Sales of the center will be in the magnitude of 40 to 50 million dollars annually. The estimated construction cost of the center will be approximately 20 to 25 million dollars and the center is expected to be open for business in the fall of 1980 or spring of 1981.
Questioned by Mr. Witt, Mr. Gill stated that his organization is now involved in discussions with the Division of Highways to satisfy their demands for ingress and egress and also the expected traffic flow. He stated his desire to satisfy the wishes of the Chief of Police of the City of Dover and also the officials of the Division of Highways.
Mr. George Hudson of Bayard, Brill and Handelman Law Firm, representing the equitable owners, was present to accept legal questions from Council.
Mr. David Layton of Rustic Lane addressed Council questioning the location of certain buildings that would be adjacent to his property as a result of the regional shopping mall.
Mr. Nathan Cohen referred to a preliminary plot plan which indicated that the nearest building to any adjacent property line would be at least 1,200'. He also reminded Mr. Layton that the final plot plan when presented will be addressed at a public hearing.
The Reverend Emanuel Hedgebeth spoke with concern for the removal of Sears, a major business in the downtown area, without any plans for the revitalization of the business district, which is slowly deteriorating.
He felt that Council and the Planning Commission should make a intelligent and creative attempt to concentrate some businesses in the City’s central community. His concern also touched on businesses and churches leaving the downtown area which is breeding vandalism and altering certain areas of the historical zone.
Questioned by Mr. McDonough, Mr. Roe stated that there would be no major expenditure on the part of the City due to the shopping mall since adequate utilities exist on site.
Mayor Legates declared the hearing closed.
Mr. Weyandt moved for approval of the rezoning, seconded by Mr. Carey. Councilman Bewick disqualified himself from voting due to his affiliation with the Division of Highways, as Director.
By a roll call vote of six (6) yes (Mr. Bewick not voting and Mr. Carson absent) Council 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 THE EAST SIDE OF ROUTE #113, IMMEDIATELY NORTH OF DOVER DOWNS.
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 C-4 and RC to RC-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 east side of Route #113, immediately north of Dover Downs, owned by Jefferic Enterprises, Inc., from C-4 and RC to SC-3.
ADOPTED JULY 24, 1978
PUBLIC HEARING - REZONING PROPERTY - NORTH OF WHITEOAK ROAD - ROLAND & LOTTIE FOUNTAIN
A public hearing was duly advertised for this time and place to consider the rezoning of property located on the north side of Whiteoak Road, consisting of 48.4127 acres of land owned by Roland and Lottie Fountain. The equitable owners are Walter J. Ellis and Frank A. Robino. Mayor Legates declared the hearing open.
Mr. Walter Ellis and Mr. Nicholas Brown were present to illustrate a conceptual plan of a residential development on the property, consisting of townhouses, single family residences and possibly apartments and a neighborhood community center such as the center in the Hamlet with tennis courts and swimming pool. Asked about drainage and a ditch in the area, Mr. Brown did not feel that the development would contribute any major problems. A wooded area adjacent to the Whiteoak development would be preserved and set aside for single family residences.
Exits and entrances will be designed in accordance with specifications required by the Division of Highways and projected traffic generated by the development. Mr. Bewick stated that Whiteoak Road could not handle additional traffic contributed by the proposed development and no plans now exist for improvement by the Highway Department.
Mr. Ellis stated that improvements usually are forthcoming when the traffic demands a critical need.
Mrs. Betty Fennimore of Whiteoak Farms was present expressing concern about traffic on Whiteoak Road, damage to the wooded area and possible undesirables stemming from the apartments. She suggested the possibility of creating a buffer zone.
Mr. Roe informed Mrs. Fennimore that the Subdivision Regulations provide that the Planning Commission may protract existing trees and set up buffer zones for open space between existing developments or residences. It is the prerogative of the Planning Commission to utilize these tools in discussions at the time of the public hearing for acceptance of the site plan and subdivision, noting that the hearing does allow for public participation.
Mr. James Fogell fo Nimitz Road, was present stating the present traffic conditions on Whiteoak Road and informed Council of the hazardous condition turning into Nimitz Road due to fast moving vehicular traffic. He also pointed out the activity at the City of Dover Park and Recreation area where persons on the premises ignore the rules and regulations, especially those stipulating no alcoholic beverages. He concluded that he did not have any objections to the development if improvements to Whiteoak Road are planned in the near future.
Mr. Weyandt moved for approval of the rezoning, seconded by Mr. Carey and by a unanimous roll call vote (Mr. Carson absent) Council 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 THE NORTH SIDE OF WHITEOAK ROAD, CONSISTING OF 48,4127 ACRES OF LAND.
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 R-20 to RM-2.
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 north side of Whiteoak Road, consisting of 48.4127 acres of land and owned by Roland and Lottie Fountain, from R-20 to RM-2.
ADOPTED JULY 24, 1978
PUBLIC HEARING - REZONING - GARTON ROAD & WEBBS LANE - INDEPENDENT NEWSPAPERS, INC.
A public hearing was duly advertised for this time and place to consider the rezoning of property located on Garton Road and Webbs Lane, consisting of 2.3291 acres of land and .03543 acres of land, owned by Independent newspapers, Inc. Mayor Legates declared the hearing open.
Ms. Karen Walters if Independent Newspapers, Inc. was present and requested that Mr. Roe explain an alteration in the amount of acreage appearing on the original application.
Mr. Roe outlined an updating of the Zoning Map which was missed some years ago, resulting in the Planning Commission’s recommendation that a 55' x 284.57' lot between the lands of Frank Vanderslice and Wedgewood Subdivision be denied and a lot 67.5' x 185' lot, between the land of John Ford and Independent Newspapers, be recommended for rezoning as C-1A. He referred to a letter of withdrawal of the rezoning request from Independent Newspapers for the lands between Frank W. Vanderslice and Wedgewood Subdivision, consisting of 0.3593 acres.
Ms. Walters informed Council that there would be no major alterations to the exterior of the building other than painting. The interior would be utilized as offices for Independent Newspapers, Inc.
Mayor Legates declared the hearing closed.
Mr. Witt moved for the recommendation of the Planning Commission, seconded by Mr. Bewick and Council by a unanimous roll call vote (Mr. Carson absent) adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVE BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED ON GARTON ROAD AND WEBBS LANE.
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 R-20 to C-1A.
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 Garton Road and Webbs Lane, owned by Independent Newspapers, Inc., from R-20 to C-1A.
ADOPTED JULY 24, 1978
UPDATING OF ORDINANCE RELATING TO DECIBEL LEVEL
Mr. Weyandt suggested that the ordinance relating to decibel level be referred to the Utility Committee for immediate study and recommendation in order to meet either state or federal requirements.
Mr. Weyandt moved for the aforementioned, seconded by Mr. Carey and unanimously carried.
ACTION ON EXISTING TABLED MOTIONS
Four Way Stop Sign at Bradford and William Streets
Mr. Witt moved to remove the question of the installation of a four way stop at Bradford Street and William Street from the table. The motion was seconded by Mr. Weyandt and unanimously carried.
Mr. Hardcastle reviewed previous discussions in the Safety Advisory Committee where it was the consensus of opinion and the recommendation of Chief Spence that four way stop signs not be installed at this location.
Mr. Witt moved for denial of installation of stop signs at Bradford and William Streets. The motion was seconded by Mr. Hardcastle and unanimously carried.
Puncheon Run Sewer Interceptor Routes
Mr. Witt moved to remove the question of proposed routes for the Puncheon Run Sewer Interceptor from the table. The motion was seconded by Mr. Bewick and unanimously carried.
Mr. Hodge informed Council that all matters have been settled on the location and route of the Puncheon Run Sewer Interceptor. The line will be located on the south side of Puncheon Run Stream. Discussions have been completed which includes settlement for any damage or inconvenience to individual property owners.
Questioned by Mr. McDonough, he stated that the primary complaint of removal of trees came from the Walls property. This was settled by agreement that a sewer hookup would be made available. Mr. Woods added that easements containing property descriptions will include provisions for any compensations awarded to owners of land effected by the sewer line. This will be presented to Council for approval.
Mr. Weyandt moved that no action be taken on the Puncheon Run Sewer Interceptor at this time. The motion was seconded by Mr. Witt and unanimously carried.
HUD Grant - Demolition of Dilapidated Structures
Mr. Witt moved to remove from the table the subject of a HUD Grant from demolition of dilapidated structures. The motion was seconded by Mr. Bewick and unanimously carried.
Mr. Roe stated that utilization of the HUD Grant for demolition of dilapidated structures would be in direct conflict with the City ordinances. He felt that it would be unfair to use grant monies on certain properties and be required to charge other citizens for demolition.
Mr. Weyandt moved that the HUD Grant no be further considered. The motion was seconded by Mr. Witt and unanimously carried.
Discussion - Intergovernmental Task Force
Mr. Witt moved the remove the subject of the Intergovernmental Task Force off of the table. The motion was seconded by Mr. Bewick and unanimously carried.
Mayor Legates informed Council that he has written a letter to the Intergovernmental Task Force informing them of his personal approval of a type of government which envisions an overall state government, with area that are incorporated municipalities considered a separate government. To date, he has received no response to his letter nor has the Task Force met.
Mr. Witt attended an executive board meeting of the League of Local Governments. It is planned to introduce a bill to the General Assembly proposing that cities will have the power to decide if they want to be considered a part of the county in respect to services and/or taxation.
Mr. Weyandt moved for no further action on the subject, seconded by Mr. Carey and unanimously carried.
DEDICATION OF PUBLIC OPEN SPACE - THE HAMLET
Mr. Hodge informed Council of a letter from J.V. DiSabatino requesting that the City of Dover accept the public open space in The Hamlet as designated on the original plot plan. He added that the area has been inspected and approved by the Public Works Department and the Engineering Department. It was the recommendation of the City Manager’s Office to accept the public open space.
A discussion followed questioning the necessity of Council’s accepting the public open space. Mayor Legates explained that this is a provision of the Subdivision Regulations and under those guidelines it is the obligation of Council to approve the dedication of public open space in existing plot plans.
Mr. Bewick moved to accept the public open space as recommended by the City Manager, seconded by Mr. Muir.
Questioned by Mr. Weyandt, Mr. Roe explained that the public open space in The Hamlet was presented to the Parks, Playgrounds and Trees Committee by the Planning Commission for approval. This was accomplished with final approval by Council at a later date. A filed plot plan of the area so designates the land as public open space.
Mr. Witt moved to table the question of the public open space, with Mayor Legates ruling his motion out of order.
By a roll call vote of five (5) yes, two (2) no (Mr. Weyandt and Mr. Witt) with Mr. Carson absent, Council approved the public open space in The Hamlet.
RALPH LORD - APPOINTMENT TO DOVER PARKING AUTHORITY
Mayor Legates stated that he had contacted Mr. Ralph Lord to confirm his wishes to be reappointed to the Dover Parking Authority for a five year term. With an affirmative answer from Mr. Lord, Mayor Legates recommended his appointment.
Mr. Bewick moved for approval of Mayor Legates’ recommendation to appoint Mr. Ralph Lord to the Dover Parking Authority for a five year term, seconded by Mr. Carey and unanimously carried.
CORRESPONDENCE
Delaware Valley Racing Association - Race on Silver Lake
A letter was received from Mrs. Mary L. Daller of 7801 Governors Printz Boulevard, Claymont, Delaware, requesting information on the availability of Silver Lake as a site to hold stock outboard motor races.
Mr. McDonough moved for referral to the Parks, Playgrounds and Trees Committee, seconded by Mr. Weyandt and unanimously carried.
Annexation Request - Alfred M. Braasch - Acorn Lane
A letter to Mr. Woods from Mr. Alfred M. Braasch stated agreement with a suggestion from City staff members that he request annexation of his property located on Acorn Lane. The City presently has the aforementioned property under option to purchase for the purpose of a City utility.
Mr. Hodge explained that the above property has been discussed by the Utility Committee with their recommendation that the area be annexed before further attempts to procure the land for the City of Dover.
Questioned by Mr. McDonough, Mr. Rodriguez recommended annexation of the land before purchase.
Mr. Witt moved to refer the matter to the Utility Committee and Planning Commission, seconded by Mr. Carey and unanimously carried.
Volleyball Tournament - Silver Lake Recreation Area
A letter from Mr. David J. Gardner requested approval to hold a volleyball tournament for Muscular Dystrophy at the Silver Lake Recreation area on August 19 and 20, 1978 or September 2 and 3, 1978.
Mr. Witt moved for referral to the Parks, Playgrounds and Trees Committee, seconded by Mr. Weyandt and unanimously carried.
Letter - Exotic Pets
A letter from Mrs. Adele W. Zencak complimented Councilman Witt for his opposition in Council Meeting to the sale of exotic pets such as snakes and spiders.
Mayor Legates referred the letter to Mr. Witt for acknowledgment.
BIRDS - RODNEY ROAD, HAZEL ROAD AND NORTH STATE STREET
Mr. James reviewed past experiences in the City’s attempts to discourage the roosting of birds in the area of North State Street, Hazel Road and Rodney Road. During this time, an expert from Maryland was contacted on the recommendation of the University of Delaware who could give no real solution for the problem. It was Mr. James’ opinion that trimming and topping of trees would be the most advisable. He added that the City does not employ any tree trimmers and a professional company would have to be contracted for the project. This would be a costly project since the trees would have to be trimmed from the area of State Street east to the shoreline of the lake.
Mr. Weyandt confirmed the fact that residents have an authentic complaint in that birds are completely filling trees in the area which could cause a serious health hazard. In his conversations with persons who have had similar problems, noise makers have been used by residents for approximately 30 days before any success of discouraging the birds and one incident where trees were completely removed.
Meeting Adjourned at 10:38 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of July 24, 1978, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
July 31, 1978
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