REGULAR MEETING
June 26, 1978
The Regular Meeting of Council was held on June 26, 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. Witt requested an additional agenda item to present a resolution related to traffic conditions on Route #13.
Mr. Willis requested an additional agenda item to present a rezoning request concerning Independent Newspapers, Inc.
RESOLUTION - FRANCIS R. LORE, JR.
By motion of Mr. Weyandt, seconded by Mr. Muir, Council by a unanimous roll call vote (Mr. Carson absent) adopted the following resolution.
WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the untimely and unexpected death of Francis R. Lore, Jr., a prominent Real Estate Agent and familiar sports figure in the area, who departed this life on June 20, 1978; and
WHEREAS, in his career as a Real Estate Agent Francis R. Lore, Jr. assisted countless Dover citizens in finding suitable and desirable homes and business establishments and was known for honesty in all his transactions; and
WHEREAS, Francis R. Lore, Jr., was founder of the Lower Delaware Gridiron Club which has brought several nationally-known sports celebrities to Dover for its annual banquet; and
WHEREAS, Francis R. Lore was most active in civic affairs and sporting events and sparked the interest of many a youngster to join in the wholesome competition of sports.
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 Francis R. Lore, Jr. and extend their deepest sympathy to his wife and family.
2. That the Mayor and Council make known their appreciation to Francis R. Lore, Jr., for his leadership in the community as an active member of numerous State and City Commissions and Authorities, Civic Organizations and Sports Associations.
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 Francis R. Lore, Jr.
ADOPTED JUNE 26, 1978
MINUTES - COUNCIL MEETING OF JUNE 12, 1978
By motion of Mr. Weyandt, seconded by Mr. Muir, the Minutes of the Regular Council Meeting of June 12, 1978 were unanimously approved and bore the written approval of Mayor Legates.
RESOLUTION - U.S. ROUTE #13 TRAFFIC HAZARDS
By motion of Mr. Weyandt, seconded by Mr. Carey, Council adopted the following resolution by a roll call vote of six (6) yes, one (1) not voting (Mr. Bewick) and one (1) absent (Mr. Carson).
WHEREAS, Dover, Smyrna and Odessa all have serious traffic and safety problems on U.S. Route 13; and
WHEREAS, the Department of Transportation is opposing all major development along U.S. Route 13 as the result of the traffic and safety problems; and
WHEREAS, U.S. Route 13 is the only major north-south route connecting upstate and downstate Delaware and at times has been closed at the Chesapeake and Delaware Canal due to bridge repairs which has resulted in traffic chaos in lower Delaware; and
WHEREAS, the Department of Transportation does not have nor will it have sufficient funds in the foreseeable future to correct the traffic and safety problems on U.S. Route 13; and
WHEREAS, the State of Delaware is a potential major area for increased land development; and
WHEREAS, the State of Delaware is one of only four states without an interstate route to its state capital; and
WHEREAS, one of the original purposes and goals of the interstate system in the United States was to establish a connector route to all state capitals.
NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF DOVER, request the Governor and Congressional Delegation requesting their support for an interstate connection to the Capital City of Dover from I-95 at the earliest possible date and that the City Clerk is hereby directed to make this Resolution a part of the permanent records of the City of Dover.
ADOPTED JUNE 26, 1978
APPOINTMENT - KENT COUNTY PLANNING COMMISSION
By motion of Mr. Hardcastle, seconded by Mr. Carey, Mr. Jack T. Roe was appointed for a five year term to the Kent County Planning Commission.
MONTHLY REPORTS
Chief of Police Report for the Month of May
The Chief of Police Report for the Month of May was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Bewick.
Building Inspector and Fire Marshal Report for the Month of May
The Building Inspector and Fire Marshal Report for the Month of May was unanimously approved by motion of Mr. Muir, seconded by Mr. Carey.
City Alderman Report for the Month of May
The City Alderman Report for the Month of May was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey. Total fines remitted - $1,533.00.
General Fund, Cash Receipts Report for the Month of May
The General Fund, Cash Receipts Report for the Month of May was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
General Fund, Budget Report for the Month of April
The General Fund, Budget Report for the Month of April was unanimously approved by motion of Mr. Muir, seconded by Mr. Carey.
Electric Revenue Fund, Cash Receipts & Disbursements Report - May
The Electric Revenue Fund, Cash Receipts and Disbursements Report for the Month of May was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Electric Revenue Fund, Budget Report for the Month of April
The Electric Revenue Fund, Budget Report for the Month of April was unanimously approved by motion of Mr. Muir, seconded by Mr. Bewick.
Electric Improvement Fund, Cash Receipts & Disbursements Report - May
The Electric Improvement Fund, Cash Receipts and Disbursements Report for the Month of May was unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Weyandt.
Library Fund, Cash Receipts and Disbursements Report - May
The Library Fund, Cash Receipts and Disbursements Report for the Month of May was unanimously approved by motion of Mr. Muir, seconded by Mr. Bewick.
City Manager’s Report for the Month of May
The City Manager’s Report for the Month of May was unanimously approved by motion of Mr. Muir, seconded by Mr. Hardcastle. In reviewing the report it was noted that Silver Lake Swimming Area officially opened on Saturday, May 27, 1978.
Construction of the water line and force main to Persimmon Tree Apartments was completed in the month of June.
Also completed was the EDA Water System Improvements Project for the final inspection.
The Engineering Department completed a survey and the layout work for the fence at the Dover Recreation and Park area.
UPDATE - REPORT ON EDA PROJECTS
In reviewing the Downtown Dover renovation project, Mr. Hodge reported that $157,522.00 has been paid to date out of an obligation of $241,430.00 and a total grant of $800,000.00.
In addition, the final cost of the water distribution system project amounted to $503,365 out of a total grant of $500,000.
Questioned concerning the $2,365 overrun on the project, Mr. Hodge stated that he would investigate the charge for engineering fees, inspection fees and the contract price, reporting back to Council next month.
Mr. Hardcastle questioned the breakdown of cost related to the engineering fees and electrical installations in the downtown area.
Mr. Hodge explained that the total engineering fees for Phase I of the electrical installations comprised of engineering costs of $89,800 and an installation contract awarded to J & W Electric for $107,030. The additional cost (of EMR Corporation Signals for $4,140, Signal Service Inc. for $11,811, Eagle Signal Corporation for $5,762 and Traffic Products Inc. for $22,887) relates to signal equipment purchased by the City of Dover for the use of J & W Electric for installation.
Mr. Witt questioned the activity of public works employees engaged in renewing the traffic markings in the downtown area. Mr. Hodge stated that renewing the traffic markings is an annual maintenance function but that markings on Loockerman Street will not be re-painted due to the necessity of tearing up the present street surface for the downtown revitalization project.
Mr. Hodge advised Council of a letter from the Department of Commerce, Economic Development Administration, waiving the requirement for competitive bidding on the downtown project and their concurrence on the request for an extension to August 1, 1979. The letter also approved the awarding of bids for Phase II through negotiations.
Mr. Hodge stated that his office will proceed to negotiate with two minority contractors on the electrical phase of the renovations.
Mr. Hardcastle moved for approval of the update report, seconded by Mr. Weyandt and unanimously carried.
PUBLIC HEARING - JOHN HUNN BROWN AND AL-JOHN CORPORATION PROPERTY - U.S. ROUTE 13 & 113
A public hearing was duly advertised for this time and place to consider the rezoning of property located on the eastern side of the intersection of U.S. Route #13 and U.S. Route #113, owned by John Hunn and A1-Corporation, for the purpose of a regional shopping center. Mayor Legates declared the hearing open.
Mr. Walter Ellis outlined the various uses allowable in a C-4 and SC-3 zoning. He pointed out the economic advantage to the City of Dover and stated that traffic will be a problem in this particular area regardless of the land use, whether it be residential or commercial.
Mr. Raymond J. Wendikier, Secretary and General Counsel to Crown America Corporation, representing the equitable owner, outlined the proposed aesthetic installations and economic impact on the community. In reviewing these items, he stated that $700,000 to $1,000,000 and been earmarked for improvements to offset the traffic problems generated by the mall. Construction could start in the spring of 1979 and will run approximately 16 to 18 months, which will generate 400 to 425 construction jobs for a total payroll of 5.5 million dollars. When completed, the mall will support 1,100 employees for an annual payroll of 20 million dollars. He requested approval of the rezoning as an initial step to make the above an eventual reality.
Attorney Herman Brown, local legal counsel for Crown American Corporation, related to a petition containing some 92 names opposing an entrance into the mall on East Loockerman Street, stating that Crown American Corporation, in a letter to Mr. Robert Tudor (Chairman of the East Loockerman Street Civic Association) has agreed to not include an entrance or exit from the mall on East Loockerman Street in the site plans.
Mr. Brown referred to a deed whereas John Hunn Brown was granted uninterrupted ingress and egress to U.S. Route #13 and #113 in exchange for easements adjacent to the highways by the Highway Department. This was an explanation of the Department of Transportation’s refusal to grant approval of the concept of the project. He displayed the original plot substantiating the above.
Mr. Ernest Davidson, Traffic Consultant for Crown American Corporation, referred to his past years of affiliation as an engineer with the State Highway Department and felt that traffic problems generated by the mall were not insurmountable and could be solved through a close working relationship with the Department of Transportation.
Mr. Robert Tudor was present, representing residents of the Edgehill area, to withdraw a submitted petition opposing an entrance to the mall on East Loockerman Street based on a letter from Mr. Wendikier stating that no plans would be considered for an entrance or exit at that location. He expressed an affirmative attitude in behalf of the residents of the Edgehill area, alluding to the fact that the proposed mall would not contribute as many problems as a residential development. Mr. Tudor read into the record the above mentioned letter from Crown American Corporation withdrawing all plans for an exit or entrance onto East Loockerman Street.
Mr. James Waehler, an attorney with Morris, Nichols, Larson and Tunnell Law Firm, was present representing Rodney Village Shopping Center owners. He mentioned the adverse effect that the proposed mall would have on traffic flow, the fact that the mall does not track the Comprehensive Plan and the economic impact the mall would create in relationship to established businesses in the Dover area.
Mr. Waehler introduced Mr. Leonard Cancell, a Vice-President with Dover Management Corporation - Leasing Agent for Rodney Village Shopping Center, who stated that his experience with attempting to attract a larger store for his complex has proven through marketing surveys that Dover is presently overstored.
The Reverend Emanuel Hedgebeth spoke in opposition to the mall, expressing an opinion that the proposed mall location would contribute to further deterioration of the heart of the City and historical zone. He suggested further planning and negotiations to facilitate an overall plan that would be most advantageous for the City.
Mr. Bruce Furman, representing the Division of Highways, addressed Council on the present traffic problems on Route #13 and #113 and the further impact that would be unavoidable if the mall is approved at the proposed location. He stated that the mall would cause additional deterioration in traffic hazards and delays on an important arterial route through the State of Delaware; a route that has no foreseeable plans for improvement.
Aided by staff members of the Division of Highways, Mr. Furman displayed a video tape, depicting the weaving and build of traffic on weekends in the vicinity of Route #13 and #113 intersection, which in his opinion will increase accidents and damage to personal property.
According to studies conducted by his department, the proposed flyway offered by Crown America to handle mall traffic would be impossible to incorporate in this area. In addition, the agreement between John Hunn Brown and the Highway Department allowing for certain access to Route #13 and #113 does not provide for uncontrolled impact of traffic created by the mall far exceeds any impact that has been identified to date by the developers. The Division of Highways strongly opposes the rezoning.
A letter from Secretary Jarvis, Division of Highways, opposing the mall and strip development along Route #13 was read into the record of the proceedings.
Mr. Weyandt alluded to the present traffic situation on Route #13 and asked if the Division of Highways has developed any plans for improvement, regardless of Council’s decision on the rezoning
Mr. Furman knew of no present plans for improvement in that particular area of highway.
Mr. Witt felt that the time now being utilized explaining why the traffic situation on Route #13 cannot be presently improved should be spent planning improvements for future traffic development.
He theorized that if the Highway Department does not plan any future improvements for the traffic condition on Route #13 and #113, compounding the traffic condition might facilitate necessary action by the department.
Questioned by Mr. McDonough, Attorney Herman Brown stated that the next step for Crown American will incorporate attempts by the firm to obtain leases for the mall before consideration of site plan design.
Mr. McDonough suggested a possible delay on the rezoning until such time that Crown American can reach an agreement with the Division of Highways on the various aforementioned problem areas.
Mr. Brown stated that attempting to obtain leases for the mall without proper zoning would be an impossible situation.
Mr. Muir moved for approval of the rezoning, seconded by Mr. Weyandt.
Mr. Bewick disqualified himself from voting on the question of the rezoning and offered the following statements to establish his views as a Councilman and as an official of the Division of Highways.
As a Councilman, Mr. Bewick welcomed the possibility of a variety of department stores in the area and would be enthused about the City’s tax base. However, he was concerned that a project such as the mall at the proposed location is inconsistent with the City’s land development plan, the effect the complex will have on other stores and shopping centers and the downtown area.
He stated that rezoning should be denied until such time that traffic problems are resolved and studies conducted that will attract a variety of stores in the downtown area and additional industry in areas presently zoned for that purpose.
Questioned by Mr. McDonough, Mr. Roe stated that there is no SC-3 zoning included on the Land Use Map and that a C-4 zoning calls for commercial development 1,000' back from a service road but does not provide for regional shopping development. Since adoption of the Comprehensive Plan in 1975, the Dover Air Force Base has submitted the air installation compatible use zone. This report indicates that the recommended medium and low density area of the Brown property is in the noise pattern of the base and recommends that the City discourage housing in this zone. Based on this report and Planning Commission’s desire to help enforce the air installation compatible use zone, it was their opinion that the requested use would be proper.
On a call for the question by Mr. Hardcastle, Council approved the rezoning by a roll call vote of five (5) yes, one (1) no (Mr. McDonough) and one (1) not voting (Mr. Bewick) with Mr. Carson absent, and 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 EASTERN SIDE OF THE INTERSECTION OF U.S. ROUTE #13 AND U.S. ROUTE #113.
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 R-20.
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 the eastern side of the intersection of U.S. Route #13 and U.S. #113, owned by John Hunn Brown and A1-John Corporation, from C-4 and R-20 to SC-3.
ADOPTED JUNE 26, 1978
RESOLUTION - AUTHORIZATION - STEP III - FEDERAL GRANT - DOVER RELIEF INTERCEPTOR SEWER AND ACCEPTANCE OF FEDERAL GRANT
A resolution was submitted that would authorize the filing of an application for a Step III Federal Construction Grant for the Dover relief interceptor sewer construction and acceptance of a federal grant.
Mr. Weyandt moved for approval of the resolution, seconded by Mr. Hardcastle. By a vote of seven (7) yes (Mr. Carson absent), Council adopted the following resolution.
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE ENVIRONMENTAL PROTECTION AGENCY FOR A FEDERAL GRANT AND DESIGNATING THE OFFICIAL REPRESENTATIVE OF THE CITY OF DOVER.
WHEREAS, a Comprehensive Sewer Planning Study was prepared by Betz Environmental Engineers, Inc. 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 Dover Relief Interceptor Sewer Construction (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 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 Environmental Protection Agency (hereinafter referred to as the “Agency”) for a Federal grant to aid in financing the cost of said Project;
THAT William T. James, 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 William T. James, 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 the Agency will have access to and the right to examine all records, books, papers, or documents related to the grant;
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.
RESOLUTION - AUTHORIZATION - STEP III FEDERAL GRANT - ST. JONES INTERCEPTOR AND WALKER ROAD FORCE MAIN EXTENSION
A resolution was submitted that would authorize the filing of an application for a Step III Federal Construction Grant for the St. Jones Interceptor and the Walker Rd. Force Main Extension and acceptance of a federal grant.
Mr. Hardcastle moved for approval of the resolution, seconded by Mr. Carey and by a roll call vote of seven (7) yes (with Mr. Carson absent) Council adopted the following resolution.
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE ENVIRONMENTAL PROTECTION AGENCY FOR A FEDERAL GRANT AND DESIGNATING THE OFFICIAL REPRESENTATIVE OF THE CITY OF DOVER.
WHEREAS, a Comprehensive Sewer Planning Study was prepared by Betz Environmental Engineers, Inc. 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 Sewer 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 te “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 St. Jones Interceptor and Walker Road Force Main Extension (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 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.) authorized 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 Environmental Protection Agency (hereinafter referred to as the “Agency”) for a Federal grant to aid in financing the cost of said Project;
THAT William T. James, 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 William T. James, City Manager, is authorized to act in connection with the application 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 the Agency will have access to and the right to examine all records, books, papers, or documents related to the grant;
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.
RESOLUTION - AUTHORIZATION FOR CITY MANAGER TO SIGN GRANT APPLICATIONS
Mr. Hodge presented a resolution that would authorize the City Manager to sign federal construction grant applications.
Mr. Bewick moved for approval of the resolution, seconded by Mr. Carey and by a roll call vote of seven (7) yes, one (1) absent (Mr. Carson) Council adopted the following resolution.
BE IT RESOLVED that William T. James, 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 a record of signature of the City Manager be on exhibit in their files.
J.P. COURT #7 REPORT - MAY
A check was received from J.P. Court #7 for the Month of May in the amount of $9,375. By motion of Mr. Witt, seconded by Mr. Muir, Council approved the J.P. Court #7 report as submitted.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on June 14, 1978 with Chairman Muir presiding.
Councilmen Elected at Large and Realignment of District Boundaries
The Committee discussed the above subject at length and it was the general feeling that a delay in separating the population into districts for voting purposes would not be practical until such time that a Court decision is rendered (referring to the People versus Dallas, Texas).
Mr. Hodge was instructed to contact the National League of Cities and the Census Bureau for available information for a later report.
Annual Audit Bid Proposal Form
Chairman Muir reported that until such time feedback is received from other cities and sufficient information is compiled, no further discussion would be necessary on the annual audit bid proposal form.
Registration by Mail
The City Clerk was instructed to contact the Kent County Election Board to determine the percentage of utilization now being experienced with registration-by-mail. With this information and an update on material previously compiled, a report will be submitted at the next committee meeting.
By motion of Mr. Witt, seconded by Mr. Hardcastle, the Legislative and Finance Committee Report was accepted as submitted.
UTILITY COMMITTEE REPORT
The Utility Committee met on June 19, 1978 with Chairman Bewick presiding.
Annexation Requests - Ralph Jones & Delaware Home Builders
A survey was conducted of the proposed annexation areas and Mr. Hodge reported the following responses.
Route #8 from Saulsbury Road west
5 yes 38 no (approximately 60 possible responses)
Hazletteville Road
1 yes 3 no
Mifflin Road
5 yes 18 no
Based on the recommendation of the City Manager and results of the survey, the Committee recommended that none of the above areas be considered for annexation and in addition, no certificates of occupancy be issued to the present development of Delaware Home Builders until the drainage problem in the rear of the development has been alleviated.
Mr. Bewick moved for the recommendation of the Committee, seconded by Mr. Muir and unanimously carried.
Deposits on Electric Service
The Committee discussed an adjustment in the present electric service deposits and recommended the following:
All Electric Apartments $ 50.00
All Other Apartments 50.00
All Electric House 75.00
All Other House 50.00
Trailers 50.00
An interest of 5% to the depositor will apply until the day of withdrawal, said interest rate to be paid on a straight line basis and not compounded.
Mr. Bewick moved for approval of the Committee’s recommendation, seconded by Mr. Muir.
Mr. McDonough and Mr. Hardcastle objected to the increase in the deposit rates, feeling that this would create a hardship in certain lower income groups.
By a vote of five (5) yes, two (2) no (Mr. McDonough and Mr. Hardcastle) and one (1) absent (Mr. Carson) Council approved the recommendation of the Committee.
Electric Fuel Adjustment Clause - Annual Basis
The Committee thoroughly analyzed the possibilities of initiating a fuel adjustment clause charged to the consumer on an annual basis. Initiation of the proposal would alleviate fluctuation in the charge each month.
The Committee recommended that the proposal be initiated on a trial basis, to be reviewed quarterly, stipulating that staff may adjust the annual rate in case of an increase in fuel cost.
It was also noted that the fuel adjustment charge on an annual basis could not be initiated until approval from the bond consultants.
Mr. Witt moved for approval of the recommendation to become effective on approval of the bond consultants.
The motion was seconded by Mr. Muir and unanimously carried.
Assistance to Elderly - Electric
It was the general opinion of the Committee that assistance to the elderly, through adjusted electric charges, might open several avenues of discrimination to those senior citizens who do not meet the criteria used for City of Dover tax relief. Therefore, it was the recommendation of the Committee that assistance to the elderly for electric charges no longer be considered.
Mr. Bewick moved for the recommendation of the Committee, seconded by Mr. Witt and carried with Mr. McDonough voting no.
Mr. Muir moved to accept the Utility Committee Report as submitted by Mr. Bewick and unanimously carried.
PUBLIC HEARING - ORDINANCE TO SET TRAFFIC PATTERNS - DOWNTOWN DURING CONSTRUCTION
A public hearing was duly advertised for this time and place to consider an ordinance that would designate specific traffic patterns in the downtown area during construction on Loockerman Street. Mayor Legates declared the hearing open.
There was no one present to speak for or against the ordinance and Mayor Legates declared the hearing closed.
Mr. Weyandt moved for approval of the ordinance, seconded by Mr. Carey. By a roll call vote of seven (7) yes, one (1) absent (Mr. Carson) Council adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
A. During the period of construction of Loockerman Street the following motor vehicle regulations shall be in force and effect and shall expire upon completion of the construction project:
1. North Street from Governors Avenue to South Queen Street shall be a one-way street in a westerly direction permitting traffic to travel on said street only in a westerly direction in said area.
2. A stop sign shall be erected at the northeast corner of North Street and New Street requiring traffic westbound on North Street to stop at said intersection.
3. A stop sign shall be erected at the northeast corner of North Street and South Queen Street requiring traffic westbound on North Street to stop at said intersection.
ADOPTED JUNE 26, 1978
PUBLIC HEARING - STOP AND YIELD SIGNS - HAMLET, MAYFAIR II, MANCHESTER SQUARE & RETREAT
A public hearing was duly advertised for this time and place to consider the adoption of an ordinance that would designate stop and yield signs in the developments of The Hamlet, Mayfair II, Manchester Square and Retreat.
Mayor Legates declared the hearing open. There was no one present to speak for or against the ordinance.
Mr. McDonough objected to Section B, paragraph 1 of the ordinance, which states that parking shall be prohibited on the south side of North Street from Queen Street to South New Street. He felt that this section should have been written in a more significant location instead of including it in the center of several ordinances since it is a permanent, prohibitive parking ordinance.
Mayor Legates declared the hearing closed.
By motion of Mr. Muir, seconded by Mr. Carey, Council by a roll call vote of six (6) yes, one (1) no (Mr. McDonough) with Mr. Carson absent, adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
B. The following traffic and motor vehicle regulations shall be in effect upon erection of appropriate signs and markings and shall be permanent unless further altered by Council.
1. Parking shall be prohibited on the south side of North Street from Queen Street to South New Street.
2. The following stop signs and yield signs shall be erected in the Hamlet: a stop sign on Cobblers Lane at the intersection with Hitching Post Drive requiring traffic traveling on Cobblers Lane to stop at said intersection; requiring traffic to stop on Quail Hollow Drive at the intersection with Old Forge Drive requiring traffic to stop on Quail Hollow Drive; a stop sign on Quail Hollow Drive at the intersection with Village Drive requiring traffic traveling on Quail Hollow Drive to stop at said intersection; a yield sign on Cobblers Lane at the intersection with Heritage Drive requiring traffic traveling on Cobblers Lane to yield at said intersection.
3. The following stop signs and yield signs shall be erected in the Mayfair development: a stop sign on Alder Road at the intersection with Webbs Lane requiring traffic traveling on Alder Road to stop at said intersection; a stop sign on Mayberry Lane at the intersection with Alder Road requiring traffic traveling on Mayberry Lane to stop at said intersection; a stop sign on Mayberry Lane at the intersection with Webbs Lane requiring traffic traveling on Mayberry Lane to stop at said intersection; a yield sign on Nottingham Court at the intersection with Mayberry Lane requiring traffic traveling on Nottingham Court to yield the right-of-way; a yield sign on Locust Point Place at the intersection with Mayberry Lane requiring traffic traveling on Locust Point Place to yield the right-of-way,
4. The following stop signs shall be erected in the Manchester Square development; a stop sign on Stevenson Drive at the intersection with Whiteoak Road requiring traffic traveling on Stevenson Drive to stop at said intersection.
5. In the Retreat development the following yield signs shall be erected: a yield sign on Aronimink Court at the intersection with Pine Valley Road requiring traffic traveling on Aronimink Court to yield the right-of-way; a yield sign on Medina Court at the intersection with Pine Valley Road requiring traffic traveling on Medina Court to yield the right-of-way; a yield sign on Augusta Court at the intersection with Pine Valley Road requiring traffic traveling on Augusta Court to yield the right-of-way.
ADOPTED JUNE 26, 1978
REZONING REQUEST - NORTH SIDE OF WHITEOAK ROAD - ROLAND AND LOTTIE FOUNTAIN
A request was received to rezone property located on the north side of Whiteoak Road, consisting of 48.4127 acres, owned by Roland and Lottie Fountain. The equitable owners are Walter J. Ellis and Frank Robino. 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. 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 the north side of Whiteoak Road, containing 48.4127 acres, 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 July 24, 1978 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to RM-2 that property located on the north side of Whiteoak Road and containing 48-4127 acres, owned by Roland and Lottie Fountain.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JUNE 26, 1978
CORRESPONDENCE
Garage Building Permit - William E. Deeter - Vondaway Drive
A letter was received from Mr. William E. Deeter of Vondaway, located in the Roger Davis Subdivision, requesting assistance in obtaining a variance or settlement of Vondaway Drive to facilitate the construction of a garage on lot #9.
Mr. Roe explained that Vondaway Drive is a privately owned street with no access to a public street or road and is not dedicated. Residents on Vondaway Drive could actually block the street with a privately owned fence since each resident owns to the center line. He suggested a meeting with the residents to explore the possibility of forming a condominium association in accordance with the State of Delaware Laws, to make Vondaway Drive a privately owned street, maintained by the residents with access to a public street.
Mr. Witt moved for referral to the Utility Committee for the purpose of exploring the legal aspects of condominium rules and regulations. The motion was seconded by Mr. Hardcastle and unanimously carried.
Arts Happening - Loockerman Street
A letter was received from Mr. Martin Berglund and Jan Lynn, Secretary of the Dover Art League, requesting permission to hold an Arts Happening on Loockerman Street on June 30, 1878 from 11:00 a.m. to 9:00 p.m.
Mr. Witt moved for approval of the function, coordinating all activities with the Office of the City Manager, the Building Inspector and the Chief of Police. The motion was seconded by Mr. Weyandt and unanimously carried.
Senate Concurrent Resolution - Storage of Hazardous Chemicals by Conrail
A letter was received from Senator Zimmerman and Senator Murphy, stating that a concurrent resolution has been introduced to the General Assembly in an attempt to prevent future storage of hazardous materials near residential areas along New Burton Road.
A letter was also received in the Office of the City Clerk from Congressman Thomas B. Evans, Jr., regarding Council’s resolution on the aforementioned, stating his concern and an update on any progress along these lines.
Mr. Witt moved for acknowledgment of the letters, seconded by Mr. Carey and unanimously carried.
REZONING REQUEST - INDEPENDENT NEWSPAPERS, INC. - WEBBS LANE AND GARTON ROAD
A request was received from Independent Newspapers, Inc. to rezone land located on Webbs Lane and Garton Road for the purpose of an office building. 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 Garton Road and Webbs Lane 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 July 24, 1978 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to C-1A that property located on Garton Road and Webbs Lane, owned by Independent Newspapers, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JUNE 26, 1978
COUNCIL RECESS
At 10:20 p.m. Council recessed into executive session to discuss personnel matters and land acquisition (land acquisition - Puncheon Run Sewer Interceptor). Council reconvened at 10:55 p.m. to consider purchase of land adjacent to the Diamond State Telephone Company on South Governors Avenue for the purpose of constructing a sewage pumping station as an improvement to the Puncheon Run System.
Mr. Bewick moved for approval of the land acquisition for the purchase price of $15,900. The motion was seconded by Mr. Carey and unanimously carried.
Employee Benefit - Family Blue Cross Plan
As a result of discussions held in executive session, Council next considered adoption of an employee benefit that would pay one-half of the employee’s family Blue Cross Plan.
Mr. Witt moved for approval of the benefit to pay 50% of the employee’s family Blue Cross Plan, seconded by Mr. Carey and carried by a vote of five (5) yes, two (2) no (Mr. Weyandt and Mr. McDonough) with Mr. Carson absent.
Meeting Adjourned at 11:10 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of June 26, 1978, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
July 3, 1978
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