REGULAR MEETING
May 22, 1978
The Regular Meeting of Council was held on May 22, 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.
Noting the absence of the Reverend J.H. Williams, Mayor Legates dispensed with the invocation.
AGENDA ADDITIONS
Mr. Bewick requested three items to be added to the agenda, one being a trash collection fee study.
Mr. Witt called for a point of order, stating that Council rules dictate that one item may be added to the agenda per Councilman.
Mr. Witt requested an additional agenda item to discuss the State of Delaware Intergovernmental Task Force.
Mr. Witt requested a thirty second public caucus to facilitate the addition of requested agenda items by Mr. Bewick.
Mr. McDonough requested an additional agenda item to discuss a resolution on Conrail’s storage of gaseous materials adjacent to residential areas.
Mr. Carey requested an additional agenda item to discuss an update on the City of Dover Noise ordinance on the basis of a recent Court Order.
The City Clerk requested an additional agenda item on a request for rezoning by John Hunn Brown, owning property at the intersection of Route #13 and #113, adjacent to and north of the North Little Creek Road.
The City Clerk requested an additional agenda item under correspondence, to convey a letter from the Downtown Merchants Association.
RESOLUTION - COUNCILMAN JOHN B. CARSON
By motion of Mr. Witt, seconded by Mr. Hardcastle, Council unanimously adopted the following resolution.
WHEREAS, John B. Carson, Councilman of the City of Dover, was recently incapacitated by unexpected illness; and
WHEREAS, the Mayor and Council of the City of Dover wish to extend to John B. Carson their best wishes for a speedy recovery and return to his active duty.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their sympathy to John B. Carson for his recent illness.
2. The Mayor and Council of the City of Dover wish to extend to John B. Carson their best wishes for a speedy recovery from his illness and quick return to his duties.
ADOPTED MAY 22, 1978
KEEP AMERICA BEAUTIFUL
Ms. Sherri Evans addressed Council on the Clean Communities Systems Program and outlined the various functions and plans that will take place in Dover which has been certified as a clean community city. The program will attempt to educate residents, businesses and all commercial institutions to modify their behavioral habits in handling waste that contributes to litter.
A twenty minute slide presentation further outlined the problem of litter and its sources.
Questioned by Mr. Witt concerning the organization’s position on the bottle bill, now in the General Assembly, Ms. Evans stated that they would not take a stand on any bill until enacted.
MINUTES - MAY 8, 1978
Mr. Weyandt referred to the heading “Repair and Replacement - Fire Sirens” of the May 8, 1978 Minutes, stating that he did not vote no on the motion to authorize the City Manager to purchase three new sirens from the James R. Hunt Company or AVC, Inc. Therefore, the vote on the motion to purchase the sirens was amended to read as follows:
By a voice call of six (6) yes, one (1) no - (Mr. McDonough) with Mr. Carson absent, the motion to approve the purchase of the sirens was carried.
Mr. Witt moved for adoption of the Minutes as amended, seconded by Mr. McDonough and unanimously carried.
The Minutes of May 8, 1978 bore the written approval of Mayor Legates.
MINUTES - PUBLIC HEARING - MAY 10, 1978 - REVENUE SHARING
The Minutes of the public hearing of May 10, 1978 to consider Revenue Sharing applicants were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey and bore the written approval of Mayor Legates.
MONTHLY REPORTS
Chief of Police Report for the Month of April
The Chief of Police Report for the Month of April was unanimously approved by motion of Mr. Witt, seconded by Mr. Bewick.
Building Inspector & Fire Marshal Report for the Month of April
By motion of Mr. Bewick, seconded by Mr. Muir, the Building Inspector and Fire Marshal Report for the Month of April was unanimously approved.
City Alderman Report for the Month of April
The City Alderman Report for the Month of April was unanimously approved by motion of Mr. Witt, seconded by Mr. McDonough. Total fines - $1,211.00.
General Fund, Cash Receipts Report for the Month of April
By motion of Mr. Muir, seconded by Mr. Weyandt, the General Fund, Cash Receipts Report for the Month of November was unanimously approved.
General Fund, Budget Report for the Month of September
The General Fund, Budget Report for the Month of September was unanimously approved by motion of Mr. Witt, seconded by Mr. McDonough.
Electric Revenue Fund, Cash Receipts Report for the Month of April
The Electric Revenue Fund, Cash Receipts Report for the Month of April was unanimously approved by motion of Mr. Muir, seconded by Mr. Carey.
Electric Revenue Fund, Budget Report for the Month of March
The Electric Revenue Fund, Budget Report for the Month of March was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Electric Improvement Fund, Cash Receipts and Disbursements Report - April
The Electric Improvement Fund, Cash Receipts and Disbursements Report for the Month of April was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Witt.
Library Fund, Cash Receipts and Disbursements Report - April
The Library Fund, Cash Receipts and Disbursements Report for the Month of April was unanimously approved by motion of Mr. Muir, seconded by Mr. Hardcastle.
CITY MANAGER’S REPORT FOR THE MONTH OF APRIL
Purchase of Fire Sirens
Mr. Hodge reported that three fire sirens, recently authorized by Council, have been purchased and were received at the City of Dover Warehouse on May 22, 1978.
HUD Grant - Small Cities Program
Acting City Manager Hodge reported that the pre-applications for grant funds from the Community Development, Small Cities Program, has been received by the proper federal agency and will processed for rating by June 15, 1978.
May 29, 1978 - Memorial Day - City of Dover Holiday
As a result of the state legislative action, Mr. Hodge reported that the City of Dover Memorial holiday will be observed on Monday, May 29, 1978.
By motion of Mr. Bewick, seconded by Mr. Muir, the City Manager’s Report for the Month of April was unanimously approved.
J.P. COURT #7 REPORT FOR THE MONTH OF APRIL
A check was received in the amount of $8,985.80 from J.P. Court #7 for the Month of April. By motion of Mr. Witt, seconded by Mr. Bewick, the report was unanimously approved.
PUBLIC HEARING - REZONING - EAST SIDE OF LEIPSIC ROAD - FAILING, WARE AND FOUNTAIN
A public hearing was duly advertised for this time and place to consider the rezoning of property located on the east side of Leipsic Road, owned by Walter Failing, William and Annie Ware and Louise Fountain, for the purpose of a residential subdivision. Mayor Legates declared the hearing open.
Mr. Nick Brown, representing the owners, was present to explain that the land would be developed for the purpose of a single-family home subdivision. Mr. Brown stated that the owners have no other development intentions other than those provided in an R-8 zoning.
Mr. William Yerkie, residing on the Leipsic Road, was present to object to the rezoning, especially the construction of apartment complexes.
Mr. Yerkie was informed that construction of apartment buildings will not conform with the requested R-8 zoning.
Mrs. Peggy Yerkie was present to express her concern with traffic that might be generated by the development, noting the present condition of the Leipsic Road.
Mr. Bewick stated that the State has future plans of widening and improving the present road in approximately one year.
Mr. Carl Moore, of the Leipsic Road, was present, thinking that his land would also be involved in the rezoning. Mr. Roe explained that only that land included in the subdivision would be rezoned and would have no bearing on his property.
Mrs. Wiley Failing was present, explaining that she lives directly on the extreme curve of the Leipsic Road. She was concerned with the many accidents that have occurred throughout the years and asked if the Highway Department plans to alleviate this condition in their future planning.
Mr. Bewick stated that his office would be glad to review the plans with Mrs. Failing, with said plan showing an improvement at this particular location.
The Planning Commission recommended that parcels A, B and C are now seeking ownership of the 9.67 acres presently zoned RG-2. It would be his recommendation that Council set a public hearing and recommend that this parcel of land be rezoned to R-8.
Mayor Legates declared the hearing closed.
Mr. Hardcastle moved for approval of the rezoning for parcels A, B and C as indicated on the plot plan. The motion was seconded by Mr. Muir.
Mr. Bewick moved to amend the motion to set a public hearing on June 12, 1978 at 8:00 p.m. to rezone the remaining 9.67 acres from the present RG-2 to R-8. The motion was seconded by Mr. Witt. By a unanimous vote, Council approved the amendment to the motion.
By a unanimous vote, parcels A, B and C were rezoned from R-20 to R-8 and 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 THE LEIPSIC ROAD.
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 R-8.
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 from R-20 to R-8 on that property located on the east side of Leipsic Road, owned by Walter Failing, William and Annie Ware and Louise Fountain.
ADOPTED MAY 22, 1978
REZONING REQUEST - DOVER ASSOCIATES, INC. - 9.67 ACRES OF LAND ON THE LEIPSIC ROAD
Mr. Bewick moved to set a public hearing on June 12, 1978 at 8:00 p.m. to rezone 9.67 acres of land located on the east side the Leipsic Road, owned by Dover Associates, Inc., from RG-2 to R-8. The motion was seconded by Mr. Witt and Council unanimously adopted the following resolution.
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 east side of the Leipsic Road, containing 9.67 acres of land, are presently zoned for RG-2 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 June 12, 1978 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from RG-2 to R-8 that property located on the east side of the Leipsic Road, containing 9-67 acres of land, owned by Dover Associates, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MAY 22, 1978
DATE FOR PUBLIC HEARING - REVERT ZONING - PETERSEIL TRACT - ROUTES #100 & #156
Mr. Roe explained that the City Clerk’s Office notifies his office when a rezoning has reached a period of one year since adoption. It is then a matter of regulations to place the property on an agenda to be reverted to its original zoning if no improvements have occurred over a one year period. The Peterseil Tract has proceeded through the Subdivision Regulations a final public hearing and is now a recorded plot. Therefore, Mr. Roe explained that the tract of land should not be reverted back to its original zoning.
Mr. Weyandt moved that the reverting of the zoning of the Peterseil Tract be stricken from the Agenda. The motion was seconded by Mr. Carey and unanimously carried.
SET PUBLIC HEARING - NORTH SIDE OF WALKER ROAD - REZONING
Mr. Witt moved that a public hearing be set for June 12, 1978 at 8:00 p.m. to consider the rezoning of property located on the north side of Walker Road, between the City of Dover Park and private drive of Richardson Estates, said property owned by George Records, Jr., George Records, Sr., Grover Biddle and William Richardson. The motion was seconded by Mr. McDonough and Council unanimously adopted the following resolution.
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 Walker Road, west of Richardson Park and east of private drive of William Richardson, 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 June 12, 1978 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to R-10 that property located on the north side of Walker Road, west of Richardson Park and east of private drive of William Richardson, owned by George Records, Jr., George Records, Sr., Grover Biddle and William Richardson.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MAY 22, 1978
Questioned by Council, Mr. Roe explained that the lots were subdivided and have gone through subdivision regulations. The owners came to the Board of Adjustments to acquire a side yard variance, which would allow homes to be built closer to the lake. This was necessary due to the tapering shape of the lots as they become more narrow towards the lakefront.
The Board of Adjustments and the Planning Commission has recommended a zoning of R-10 which would remove the necessity of a variance.
PUNCHEON RUN SEWER AND PUMPING STATION - LITIGATION
Alluding to Kent County’s intention to maintain the Puncheon Run Sewer Pumping Station, Mr. Bewick moved that the City enter into litigation to resolve the matter. The motion was seconded by Mr. Hardcastle and unanimously carried.
STATUS REPORT - EDA PROJECTS AND DOWNTOWN REVITALIZATION
Mr. Hodge stated that the $500,000 EDA Grant, applicable to the Water Distribution System, is nearly completed except for bacteria testing in some locations.
A revised schedule for the Downtown Revitalization will receive bids May 31, 1978, Special Council Meeting on June 5, 1978 to award bids and construction to begin on June 19, 1978. Mr. Hodge advised that the merchants are aware of the aforementioned and voiced no disagreement.
Mr. Weyandt moved for approval of the status report as submitted, seconded by Mr. Hardcastle and unanimously carried.
CORRESPONDENCE
Central Dover Business Association - Sidewalk Sale
A letter from Mrs. Nancy S. Herrmann, Secretary to the Central Dover Business Association, Inc., requested permission to hold a sidewalk on Friday and Saturday, May 26 and 27, 1978 from State Street to Simon’s Store on Loockerman Street.
Mr. Witt moved for approval of the sidewalk sale and coordination with the Acting City Manager, Chief of Police and Mr. Roe’s office. The motion was seconded by Mr. Weyandt and unanimously carried.
Walter L. Fox Post #2 - Memorial Day Services
A letter from Commander Edward L. Buckley of the Walter L. Fox Post #2, requested approval of a Memorial Day Service to be held on May 29, 1978 from 9:30 a.m. to 12:15 a.m. at the site of the memorial monument, between State Street and Kings Highway.
Mr. Witt moved for approval of the Memorial Day Service, stipulating that all activities be coordinated with the Acting City Manager, Chief of Police and Mr. Roe’s office. The motion was seconded by Mr. Carey and unanimously carried.
TRASH COLLECTION FEE STUDY
Mr. Bewick moved that a trash collection fee study be initiated be City staff, with a report forwarded to the Utility Committee. The motion was seconded by Mr. Muir and unanimously carried.
DISCUSSION - INTERGOVERNMENTAL TASK FORCE
Mr. Witt stated that the State of Delaware Intergovernmental Task Force is studying four possible alternatives that effect existing governments in the State of Delaware. In the first alternative, the State controls everything. In the second and third alternatives, the Task Force envisions the State as one layer of government, County an additional layer of government and incorporated municipalities retain a portion of their present powers. He mentioned distinct advantages in the fourth alternative, which envisions an overall state government with areas that are incorporated municipalities considered a separate government. In this concept the County government only governs those parts of the County that are not incorporated municipalities. It was his feeling that Council should go on record as supporting the latter because it will negate or eliminate any taxes placed on municipalities and eliminate any services that the County might offer.
Mr. Witt moved that a letter be composed by the City Clerk to the Task Force, the Governor and Legislators and the President of the League of Local Governments indicating Council’s support of alternative number four. Mr. Bewick seconded the motion for purposes of discussion.
Mr. McDonough stated that he could see where it would do no harm for the City to state that they would like additional time for study on the various alternatives, but wondered if the time table for a final decision is that crucial.
Since Council has not had time to review the various alternatives, Mr. Witt stated that he felt that Council should at least indicate that they lean toward alternative number four and suggest to the Task Force that additional time would be needed for future input before a final decision is reached.
A general discussion followed indicating that a majority of Council preferred additional time to study the various alternatives.
Mr. Weyandt moved to table Mr. Witt’s motion, seconded by Mr. Carey and carried by a vote of four (4) yes, three (3) no (Mr. Hardcastle, Mr. Witt and Mr. Bewick) and one absent (Mr. Carson).
CONRAIL - STORAGE OF GASEOUS MATERIALS NEAR RESIDENTIAL AREAS
Mr. Bewick referred to a recent incident where gaseous materials escaped from a tank car located on the Conrail tracks, adjacent to New Burton Road.
Mr. Bewick moved that a resolution be drafted, indicating the City’s dissatisfaction of the storage of hazardous material adjacent to a residential area and further that copies of the resolution be forwarded to the Governor of the State, the President of Conrail and the Congressional Delegation. The motion was seconded by Mr. McDonough and unanimously carried.
NOISE ORDINANCE UPDATE
Mr. Bewick moved that the City Solicitor update the present Noise Ordinance with modifications that would be legal based on the recent court decision related to excessive noise due to shifting by Conrail. The motion was seconded by Mr. Witt.
Mr. McDonough referred to the recent court decision of the City of Dover versus Conrail, initiated by excessive noise of their shifting operation, stating that the City’s present Noise Ordinance did not incorporate a decibel level that would define excessive noise.
Mr. Rodriguez stated that equipment to accurately measure decibels would be very expensive and felt that the City probably would never have such equipment to enforce an ordinance that would incorporate decibel readings.
Mayor Legates reminded Council that the presiding Judge made reference only to Section 0 of the Noise Ordinance, pertaining to railroads, as the one section that is unenforceable. He voiced dissatisfaction with any action to alter the remaining sections of the ordinance.
By a unanimous vote, Council approved Mr. Bewick’s motion to update the Noise Ordinance.
REZONING REQUEST - JOHN HUNN BROWN - INTERSECTION OF U.S. #13 - #113 & N. LITTLE CREEK ROAD
A request was received from John Hunn Brown and A1-John Corporation to rezone property located on the eastern side of the intersection of U.S. Route #13 and U.S. Route #113, for the purpose of a regional shopping center. Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Bewick, 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 TOT HE 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 eastern side of the intersection of U.S. Route #13 and U.S. Route #113 are presently zoned for C-4 and R-20, 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 June 26, 1978 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from C-4 to R-20 to SC-3 that property located on the eastern side of the intersection of U.S. Route #13 and U.S. Route #113, owned by John Hunn Brown and A1-John Corporation.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MAY 22, 1978
DOWNTOWN MERCHANTS ASSOCIATION - COVER PARKING METERS DURING DOWNTOWN RENOVATIONS
A letter was received from Mr. Bernie Ettenger, President of the Downtown Merchants Association, requesting that the heads of the parking meters on Bradford Street and State Streets be removed or covered during the downtown renovation.
Mr. Witt moved for referral to the Safety Advisory Committee, seconded by Mr. Bewick.
Questioned by Mr. Weyandt, Mr. Hodge reported that the Downtown Merchants Association has paid up through March for the covering of parking meters in the downtown area. It was mentioned that the merchants would still be liable for the months of April and May.
By a vote of six (6) yes, one (1) no (Mr. McDonough) with Mr. Carson absent, Council approved the referral to the Safety Advisory Committee.
Meeting Adjourned at 9:20 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of May 22, 1978, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
May 30, 1978
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