REGULAR MEETING
January 9, 1978
The Regular Meeting of Council was held on January 9, 1978 at 7:30 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt, Carson and Bewick.
Noting the absence of the Reverend J.H. Williams, Council Chaplain, due to inclement weather, Mayor Legates dispensed with the invocation.
AGENDA ADDITIONS
Mr. Willis informed Council that the J.P. Court #7 Report for the Month of November was omitted by error and requested that this item be added, immediately following the City Manager’s Report.
He also requested that a letter from the Dover Football Boosters be added as agenda item #18 (b) under correspondence.
MINUTES
The Minutes of the Regular Council Meeting of December 12, 1977 were approved by motion of Mr. McDonough, seconded by Mr. Weyandt, with Mr. Witt voting no. The Minutes bore the written approval of Mayor Legates.
Mr. Witt stated that he had not received a copy of the Minutes and was informed by staff that these Minutes were included in a packet of information to Council prior to the January Council packet.
PROCLAMATION - JAYCEE WEEK
WHEREAS, the civic bodies and service organizations of our community and the departments of the local government recognize the great service rendered to this community by the Dover Jaycees, and
WHEREAS, The United States Jaycees and its affiliated state and local organizations have set aside the week of January 15 - 21, 1978, to observe the founding of the Jaycees fifty-eight years ago with the Dover Jaycees becoming the first chapter in the state of Delaware 39 years ago, and
WHEREAS, this organization of young men has contributed materially to the betterment of this community through their participation and involvement in such local programs as the Delaware Special Olympics and the Jerry Lewis Muscular Dystrophy Drive for the past many years,
NOW, THEREFORE, I, CHARLES A. LEGATES, JR., MAYOR of the City of Dover, Delaware, do hereby proclaim the week of January 15 - 21, 1978, as Jaycee Week and urge all citizens of our community to give full regard to the past services of the Dover Jaycees.
MONTHLY REPORTS
Chief of Police Report for the Month of November
The Chief of Police Report for the Month of November was unanimously approved by motion of Mr. McDonough, seconded by Mr. Muir.
Building Inspector & Fire Marshal Report for the Month of November
The Building Inspector and Fire Marshal Report for the Month of November was unanimously approved by motion of Mr. Bewick, seconded by Mr. McDonough.
City Planner Report for the Month of November
The City Planner Report for the Month of November was unanimously approved by motion of Mr. Muir, seconded by Mr. Weyandt.
City Alderman Report for the Month of November
The City Alderman Report for the Month of November was unanimously approved by motion of Mr. McDonough, seconded by Mr. Muir. Fines remitted - $1,734.00.
General Fund, Cash Receipts Report for the Month of November
The General Fund, Cash Receipts Report for the Month of November was unanimously approved by motion of Mr. Muir, seconded by Mr. McDonough.
General Fund, Budget Report for the Month of October
The General Fund, Budget Report for the Month of October was unanimously approved by motion of Mr. Bewick, seconded by Mr. McDonough.
Electric Revenue Fund, Cash Receipts Report for the Month of November
The Electric Revenue Fund, Cash Receipts Report for the Month of November was unanimously approved by motion of Mr. Bewick, seconded by Mr. McDonough.
Electric Revenue Fund, Budget Report for the Month of October
The Electric Revenue Fund, Budget Report for the Month of October was unanimously approved by motion of Mr. McDonough, seconded by Mr. Bewick.
Electric Improvement Fund, Cash Receipts and Disbursements Report for the Month of November
The Electric Improvement Fund, Cash Receipts and Disbursements Report for the Month of November was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
Library Fund, Cash Receipts and Disbursements Report for the Month of November
The Library Fund, Cash Receipts and Disbursements Report for the Month of November was unanimously approved by motion of Mr. McDonough, seconded by Mr. Muir.
City Manager’s Report for the Month of November
Acting City Manager Hodge reported an error on the City Manager’s Report for the Month of November. On page two, under “Equivalent gallons #6 oil per net kilowatt hour”, stating that the figure for 1977 should read .077.
The City Manager’s Report for the Month of November was unanimously accepted by motion of Mr. Bewick, seconded by Mr. Muir.
J.P. COURT #7 REPORT FOR THE MONTH OF NOVEMBER
A check was received in the amount of $7,241.82 from J.P. Court #7 for the Month of November. By motion of Mr. Witt, seconded by Mr. Weyandt, the report was unanimously approved.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on December 28, 1977 with Chairman Muir presiding.
YMCA - NYPUM Program Fund Request
The Committee discussed a request from Mr. Ted Ressler, Executive Director of the YMCA, relating to funding their NYPUM Program in the amount of $1,000. In his letter, Mr. Ressler explained that the program would have to be abandoned unless a source of funding could be found.
Mr. Muir explained that this amount could be drawn from the donation account, provided for in the budget. It was recommended by the Committee that a grant of $1,000 remaining in this account which is available for related requests.
It was Mr. Witt’s opinion that Council should not spend monies that do not benefit the entire community. He pointed out that the NYPUM Program only provides it services to approximately five city residents.
Mr. Hardcastle moved to approve the recommendation of the Committee to grant the YMCA $1,000. The motion was seconded by Mr. McDonough and carried by a vote of six (6) yes, two (2) no - Mr. Witt and Mr. Bewick.
Garage Sales
Stemming from a complaint by Mr. & Mrs. Mike Sibbald of Crossgates, the Committee considered the possibility of limiting the number of garage sales that could beheld by any one person in a calendar year. Also discussed was the possibility of issuing permits or a license for individuals holding such sales in residential areas. It was noted by the Committee that there are available facilities in the City such as Spence’s Bazaar that could be utilized by citizens for related activities.
It was suggested by the Committee that action be deferred on this matter, allowing citizen comments from an advertisement to be inserted in a newspaper under garage sales. The advertisement would ask for comments directed to the Administrative Assistant on the possibility of limiting sales in a calendar year with a requirement of a permit and fee.
Mr. Witt moved that an advertisement be inserted in a local newspaper by the Office of the City Manager, allowing adequate time for citizen comments and that the matter again be considered by the Legislative and Finance Committee. The motion was seconded by Mr. Hardcastle and unanimously carried.
Pay By Phone - Wilmington Trust Company
The Committee next considered a proposal to institute a pay by phone system with the Wilmington Trust Company which would allow City of Dover utility customers, etc. to call the bank for payment of various bills. This system would be advantageous to the customer and would cut paper work considerably with no cost to the City.
Questioned by Mr. Weyandt, Mr. Muir stated that this would require that all persons using this system have an account at the Wilmington Trust Bank.
Questioned by Mr. Weyandt, Mr. Hodge stated that if other banks of the community developed a like program, the City would be receptive according to the stipulations of the plan. If this particular plan is approved by Council, the Finance Department will report the results in six months for evaluation.
Mr. Witt moved for approval of the Committee that recommended implementation of the plan. The motion was seconded by Mr. Bewick and unanimously carried.
It was pointed out that pay by phone would apply only to monthly occurring bills. The payment of annual tax assessments will require further study.
Annual Audit Review 1976-77
The Committee recommended that Council invite Mr. Manter at 6:30 p.m. on February 13, 1978 to review the audit before the Regular Council Meeting.
Mr. Weyandt moved for the recommendation of the Committee, seconded by Mr. Hardcastle and unanimously carried.
City Clerk/Treasurer’s Secretary - Reclassification
In reviewing a revised job description for the position of Secretary to the City Clerk/Treasurer and also the office of Deputy Alderman, the Committee alluded to the increased responsibilities of this position. As recommended by City Clerk Willis, it was generally felt that the responsibilities as outlined in the job description compare favorably with the classification of a G-12.
It was the recommendation of the Committee that the position of Secretary to the City Clerk/Treasurer be upgraded from a G-8 to a G-12.
Mr. Witt moved for the recommendation of the Committee, seconded by Mr. Weyandt.
Explaining his negative vote in the Committee recommendation, Mr. McDonough stated that he felt that approval of the request would be attacking the personnel policy piecemeal, since at least two similar requests are lurking in the background. Although the request might be merited, he felt that a complete City evaluation should be initiated before granting additional classification changes.
Noting his experience in personnel matters, Mr. Witt stated that in his opinion this is one inequity that Council should react to.
Mr. Weyandt added that Council in the recent past had added additional duties to the position.
On a call for the question, Council approved the reclassification to G-12 by a vote of seven (7) yes, one (1) no - Mr. McDonough.
By motion of Mr. Witt, seconded by Mr. Weyandt, the Legislative and Finance Committee Report was unanimously accepted.
ELECTION JUDGES - 1978 MUNICIPAL ELECTION
Mayor Legates submitted the names of Councilmen Joseph McDonough and Charles Witt to serve as Election Judges for the 1978 Municipal Election. Councilmen Fred Carey and Francis Weyandt were named as alternate judges.
By motion of Mr. Bewick, seconded by Mr. Muir, Council unanimously approved the appointments.
PUBLIC HEARING - PUNCHEON RUN SEWER INTERCEPTOR ROUTES
A public hearing was duly advertised for this time and place to receive citizen input relative to the alternate routes of the Puncheon Run Sewer Interceptor. Mayor Legates declared the hearing open.
Mr. Robert Neeson of Betts, Converse and Murdock Consultants, addressed Council giving an illustrative outline of the choices of routes for the Puncheon Run Sewer Interceptor. He explained that the interceptor would add to the sewer capacity in the western section of Dover and would facilitate the abandoning of four existing pumping stations, thereby allowing a more efficient system.
Mr. Neeson stated that it would be necessary to excavate to a depth of at least 16' to install the sewer along Lynnhaven Drive or Route #1. Total cost of this route would amount to $288,517 which would incorporate $40,000 for the repaving of Lynnhaven Drive.
Route #2 would parallel Puncheon Run Stream on the north side and would require additional private property easements and would necessitate the removal of various trees at a total cost of $160,000.
Route #3 would parallel Puncheon Run Stream on the south side, which would also require private property easements and the removal of trees at a total cost of $172,000.
Mayor Legates requested that persons wishing to speak for or against the three proposed routes step forward.
Mr. O.B. Williams, representing property owners on the south side of Puncheon Run Stream, was present to object to alternate route #3 stating that those property owners who would be effected felt that they did not have enough information available as to the exact proposed route, its impact on properties and compensation for easements. He presented a petition to this effect, which incorporated ten property owners along the south side of Puncheon Run Stream.
Mr. Robert Reed of 72 Lynnhaven Drive addressed Council stating that it was his feeling that alternate route #1 along Lynnhaven Drive affords the least distance in overall footage of the sewer line and would disturb less private property. He pointed out that many property owners have a considerable investment in lawns and landscaping which would be destroyed if alternate route #2 is chosen. Also, alternate #2 would destroy numerous trees and the City of Dover easement would invite more pedestrian traffic causing more trespassers of private property in the area. Alluding to the fact that well pointing will be necessary to properly install the sewer lines at alternate route #2, Mr. Reed objected to the noise of the numerous pumps running for long periods of time that will be necessary to properly install the pipe.
Addressing Mr. O.B. Williams, Mr. Weyandt asked if the proper information was furnished to property owners along the south of Puncheon Run Stream, would there be objections to the line on the south side. Mr. Williams replied that personally and generally speaking he would not have any objections, but he could not voice an opinion until being sure of the exact sewer route.
Mr. McDonough asked if the exact route of alternate #3 could be made available. Mr. Neeson stated that a survey of this route has not been made in detail but could be accomplished if directed at an additional cost of approximately $8,000 to $10,000, which would be eligible for an 85% grant participation. This would cost the City approximately $1,500.
Mr. Howard Melton of 158 Lynnhaven Drive presented photographs of an area behind the stream. It was his opinion that fill could not be maintained at the stream during storms due to strong currents.
Mr. James Harrison of 60 Lynnhaven Drive stated that taking a 20' easement behind his property would only leave 10' from his home and added that it would decrease his property value. In summary, Mr. Harrison was of the opinion that alternate route #2 would cause the City the most problems and would be the most costly to maintain.
Mr. Eugene Ruane of 122 Shadow Court, was present and asked how the entry point of the sewer line through the parkland at Crossgates was decided upon.
Mr. Woods answered that the terrain lends itself to a natural gravity feed, eliminating pumping stations. In addition, the City adopted a land development plan and comprehensive plan which sets guidelines for the development of the sewer system.
Mr. Ruane’s main concern was future development west of the railroad tracks, due to the presence of sewer of the effect this might have on the runoff of surface water to Puncheon Run Stream which is now grossly overloaded. He requested that the City keep a close watch on development to the west that might contribute to conditions now existing in the Puncheon Run Stream bed.
Mr. Anthony Segrado of 120 Shadow Court was present, stating that at least once a year water from the stream backs up to the rear of his residence. His main concern was silt or soil contributing to the blockage of Puncheon Run during construction.
Mr. Woods stated that one of the provisions of the Federal government is that acceptable means of erosion control be provided during construction. He could see little or no effect on the flow of the stream due to the installation of the sewer line.
Considering environmental impact, Mr. Bewick stated that alternate route #3 on the south side of Puncheon Run Stream has certain advantages and suggested that this route be staked to show interested property owners exactly where the line would be placed.
Mr. Neeson stated that this would involve six weeks of work by his firm at a cost of approximately $8,000 to $10,000.
Mayor Legates declared the hearing closed.
Mr. Bewick moved that action be deferred on a location of the sewer, that the consultants be instructed to stake-out route #3, south side of Puncheon Run, and refer the results of the stake-out to the Utility Committee for presentation to property owners. The motion was seconded by Mr. Witt and unanimously carried.
Mr. McDonough requested that the property owners in the area of Puncheon Run, including residents of Crossgates be informed of any future meetings where the sewer line will be discussed.
PUBLIC HEARING - REZONING - JUAN & ANAIS BADIA
A public hearing was duly advertised for this time and place to consider the rezoning of property located on Route #113, 215' south of Lafferty Lane, owned by Juan and Anais Badia. Mayor Legates declared the hearing open.
There was no one present to speak for or against the rezoning. The Planning Commission recommended approval of the request.
Mr. Witt moved for approval of the rezoning, seconded by Mr. Carey. By a unanimous roll call vote, 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 ROUTE #113, 215' SOUTH OF LAFFERTY 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-4.
NOW, THEREFORE, BE IT RESOLVED 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 C-4 on that property located on Route #13, 215' south of Lafferty Lane, owned by Juan and Anais Badia.
ADOPTED JANUARY 9, 1978
PUBLIC HEARING - REZONING - ANNE D. BEHEN ESTATE (MARY B. CAMPBELL, EXECUTRIX)
A public hearing was duly advertised for this time and place to consider the rezoning of property located on Railroad Avenue, bordered by Division Street to the south and Forest Street to the north, consisting of 5.61 acres and owned by Anne D. Behen Estate, Mary B. Campbell, Executrix. Mayor Legates declared the hearing open.
Mr. Witt asked if this was to be one commercial property or broken down into several commercial properties. Mr. Roe replied that if zoned C-4, the property could be sold in several parcels. It was his recommendation to the Planning Commission that they consider this question due to the possibility of several entrances and exits on Forest and Division Streets.
Mr. George Records, representing the property owners, concurred with Mr. Roe’s recommendation.
After consultation with property owners in the area, Mr. Hardcastle reported that there were no objections to the rezoning.
The Planning Commission recommended approval of the rezoning and there was no one present to speak for or against the request.
Mayor Legates declared the hearing closed.
Mr. Weyandt moved for the approval of the rezoning, seconded by Mr. Carey and by a unanimous roll call vote, 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 RAILROAD AVENUE, BORDERED BY DIVISION STREET TO THE SOUTH AND FOREST STREET TO THE NORTH, CONSISTING OF 5.61 ACRES.
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 M & C-3 to C-4.
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 M & C-3 to C-4 on that property located on Railroad Avenue, bordered by Division Street to the south and Forest Street to the north, consisting of 5.61 acres, owned by Anne D. Behen Estate, Mary B. Campbell, Executrix.
ADOPTED JANUARY 9, 1978
PUBLIC HEARING - REZONING - SOUTH LITTLE CREEK ROAD - W. CLIFTON HUFNAL
A public hearing was duly advertised for this time and place to consider the rezoning of property located on County Road #67, South Little Creek Road, east of Fox Road, owned by Mr. & Mrs. W. Clifton Hufnal. Mayor Legates declared the hearing open.
Ella Mae Thompson was present and presented a copy of a certified letter mailed to Mayor and Council from Mrs. Helen Sanders requesting that the hearing be postponed since she was not legally notified. Mayor Legates stated that he had no knowledge of receiving a certified letter from Mrs. Sanders.
Asked if Mrs. Sanders had been legally notified of the public hearing, Mr. Willis replied that Mrs. Sanders was mailed certified letter #144305.
Mrs. Thompson objected to the rezoning, noting that she also resides in the area and that the proposed construction of a warehouse on the property would decrease the value of her residence. She added that there are several existing warehouses surrounding her property.
The Planning Commission recommended approval of the rezoning.
Mr. Witt moved for approval of the rezoning, seconded by Mr. McDonough and by a unanimous roll call vote, 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 COUNTY ROAD #67, SOUTH LITTLE CREEK ROAD, EAST OF FOX 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 C-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 from R-20 to C-3 on that property located on County Road #67, South Little Creek Road, east of Fox Road, owned by Mr. & Mrs. W. Clifton Hufnal.
ADOPTED JANUARY 9, 1978
PUBLIC HEARING - REZONING - SOUTH LITTLE CREEK ROAD - MARY P. OPDYKE
A public hearing was duly advertised for this time and place to consider the rezoning of property located on County Road #67, South Little Creek Road, east of Fox Road, owned by Mary P. Opdyke. Mayor Legates declared the hearing open.
There was no one present to speak for or against the rezoning and the Planning Commission recommended approval.
Mayor Legates declared the hearing closed.
Mr. Weyandt moved for approval of the rezoning, seconded by Mr. Witt and by a unanimous roll call vote, 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 SOUTH LITTLE CREEK ROAD, COUNTY ROAD #67, EAST OF FOX 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 C-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 from R-20 to C-3 on that property located on County Road #67, South Little Creek Road, east of Fox Road, owned by Mary P. Opdyke.
ADOPTED JANUARY 9, 1978
PUBLIC HEARING - REZONING - 508 LOOCKERMAN STREET - SHIVICK
A public hearing was duly advertised for this time and place to consider the rezoning of a property located at 508 W. Loockerman Street, owned by Frank J. & Belinda Shivick. Mayor Legates declared the hearing open.
Mr. Bewick inquired if any parts or equipment would be stored outside of the premises. Mr. Roe replied negative, referring to the Planning Commission’s recommendation that the property be rezoned C-2 (Central Commercial) rather than C-3. This would allow a retail operation rather than a commercial repair type of business. He added that Mr. Shivick had concurred with this type zoning.
Mr. Shivick was present and stated that no automobiles will be repaired at the site of his business. The main function of his business would be the repairs of automobile accessory parts, delivered on-site.
Mayor Legates declared the hearing closed.
Mr. Hardcastle moved for approval of the rezoning as recommended by the Planning Commission, seconded by Mr. Weyandt and Council unanimously adopted the following ordinance by a roll call vote.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED AT 508 W. LOOCKERMAN STREET.
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 RG-1 to C-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 from RG-1 to C-2 that property located at 508 W. Loockerman Street, owned by Frank J. and Belinda Shivick.
ADOPTED JANUARY 9, 1978
PUBLIC HEARING - PROJECT #71 - PERSIMMON TREE LANE WATER MAIN - FRONT FOOT CHARGE
A public hearing was duly advertised for this time and place to hear appeals for a water main assessment of $6.68 per front foot on Persimmon Tree Lane, known as Project #71. Mayor Legates declared the hearing open.
There was no present to speak for or against the assessment.
Questioned by Mr. Witt, the City Clerk reported that each property owner effected by the assessment was personally notified of the public hearing.
Mayor Legates declared the hearing closed.
Mr. Witt moved that the water main assessment on Persimmon Tree Lane, known as Project #71, be set at 46.68 per front foot. The motion was seconded by Mr. Carey and unanimously carried.
DATE OF PUBLIC HEARING - AMEND ZONING ORDINANCE CONCERNING OBSTRUCTIONS
Mr. Roe explained that the Board of Adjustments has recommended that the zoning ordinance be amended to add the word “chimneys” and change the allowable obstruction to 2½’ instead of 2'. This would amend Article V, Section 1.51 of the Zoning Ordinance. He added that it was necessary for the Board to allow a variance for the construction of a chimney where the side yard setback is only 10'. He recommended referral to the Planning Commission for February 20, 1978 and that a public hearing be held on February 27, 1978.
Mr. Witt moved that the amendment to the Zoning Ordinance be referred to the Planning Commission for February 20, 1978 and that a public hearing be held on February 27, 1978. The motion was seconded by Mr. Bewick and unanimously carried.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT FOR DEMOLITION
Mr. Roe referred to a letter from Kent County offering the City of Dover participation in a grant of $61,500 from the Department of Housing and Urban Development to implement a program of demolition on dilapidated structures. It was his recommendation that these funds be permitted to go to communities who do not have ordinances for this purpose and permit those communities to demolish on a volunteer basis. He added that the City ordinances regulating condemnation and demolition stipulates eviction, an assessment of cost and an entry in the City of Dover Lien Docket. HUD regulations dictate that the building must be vacant and the demolition shall be done at no cost to the property owner.
Mr. Roe suggested that if the City participates in the program at all, demolition on all buildings under the HUD plan be accomplished through a volunteer basis only so as not to conflict with city ordinances.
Mr. Witt felt that the City should not arbitrarily refuse the funds since they are available and suggested that the City institute a program on a volunteer basis with proper public notice.
Mr. Roe reminded Council that demolition of dilapidated buildings under the HUD plan are subject to review by the Kent County Planning Office, the Kent County Building Inspector and final approval by the Kent County Levy Court.
Mr. Weyandt moved that the City not accept participation in the HUD program for demolition on dilapidated structures. The motion was seconded by Mr. Witt.
Mr. Hardcastle felt that Council should possibly delay any action on this matter pending further study, suggesting that many property owners cannot afford to demolish structures now existing on their land. Mr. Roe stated that he would contact Kent County to determine the amount of funds that are available for this project and report back to the Legislative and Finance Committee.
Mr. Bewick moved to table action on this program pending the outcome of Mr. Roe’s inquiry. The motion was seconded by Mr. Hardcastle and unanimously carried.
REZONING REQUEST - 131-139 SAULSBURY ROAD - JOHN C. & SARAH C. MOORE
A request was received to rezone located at 131-139 Saulsbury Road, owned by John C. & Sarah C. Moore, for the purpose of a retail soda and self-service gasoline center. 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 at 131-139 Saulsbury Road are presently zoned for RG-1 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on February 1, 1978 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to C-3 that property located at 131-139 Saulsbury Road, owned by John C. & Sarah C. Moore.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JANUARY 9, 1978
PHASE II - DOWNTOWN DOVER REVITALIZATION
Mr. Woods stated that in accordance with the wishes of Council, the consultants for the Downtown Dover revitalization have altered the plans for parking on the south side of Loockerman Street only and provided for parking on both sides of the street. He displayed the drawing for the benefit of Council which illustrated parking for both east and west traffic flow on Loockerman Street, provides for left and right turns off of Loockerman Street which incorporated adequate turning radii for emergency equipment and also included loading zones opposite certain parking areas. Approximately 22 or 23 parking spaces in the downtown area would be lost by utilization of this plan. However, alternate parking would allow for further beautification of the downtown area. He added that the staff unanimously recommends Plan B. Mr. Woods informed Council that until the parking is agreed upon it will be impossible to locate utilities such as hydrants and street lights.
After considerable discussion, Mr. Witt moved to adopt Plan B for the Downtown Dover Revitalization, seconded by Mr. Bewick and unanimously carried.
CORRESPONDENCE
Pedestrian Stripes - City Parking Lot to Townsend Building
A letter was received from Mr. Francesco E. Cristiano, requesting that the City consider painting pedestrian crosswalk stripes from the City parking lot to the Townsend Building.
Mr. McDonough moved for referral to the Safety Advisory Committee, seconded by Mr. Bewick.
Mr. Witt expressed his agitation concerning the use of the City parking lot by State employees as did other members of Council and suggested future restrictive parking.
On a call for the question, Council unanimously referred this matter to the Safety Advisory Committee.
Dover Football Boosters Association - Funds Request
A letter was received from L. James Allen, President of the Dover Football Boosters Association, requesting that Council consider a donation to their organization to help defray expenses for awards of individual jackets and plaques to recognize the Dover Varsity Football Team for their achievement as the Delaware Division “NUMBER ONE” Title holders. He added that a banquet will be held at the Sheraton Inn on January 16, 1978.
Mr. McDonough pointed out many other more deserving causes that the City could contribute funds to and moved that the donation be denied. The motion was seconded by Mr. Witt.
Mr. Muir pointed out that the State Football Championship is a first for the Dover Senators.
On a call for the question, the motion to refuse the donation failed.
Mr. Bewick moved that a donation of $100 be extended to the Dover Football Boosters Association, seconded by Mr. Muir. The motion was carried by a vote of six (6) yes, two (2) no - Mr. Witt and Mr. McDonough.
Mayor Legates announced the untimely death of Walker Kemp, a former employee of the City of Dover, who died on December 30, 1977. Mr. Kemp compiled 37 years of continuous service. He added that a proper resolution will be drawn for the next Council Meeting.
Mayor Legates also reminded those present of the Municipal Election to be held on Monday, January 16, 1978 and extended his best wishes to all candidates.
Meeting Adjourned at 10:10 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of January 9, 1978, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
January 16, 1978
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