City of Dover, Delaware - Regular City Council Meeting

Regular City Council Meeting

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Nov 28, 1977 at 12:00 AM

REGULAR MEETING

November 28, 1977

The Regular Meeting of Council was held on November 28, 1977 at 7:30 p.m. with Mayor Legates presiding. Council members present were Messrs. McDonough, Weyandt, Hardcastle, Carey, Witt, Carson and Bewick. Councilman Muir was absent.

The invocation was given by the Reverend J.H. Williams, Council Chaplain.

DEPUTY CITY SOLICITOR

Mayor Legates introduced Mr. William Fletcher as Deputy City Solicitor, who will assume the duties of Mr. Rodriguez in his absence.

AGENDA ADDITIONS

Mr. McDonough requested an agenda addition relating to a restriction on garage sales.

Mayor Legates requested an additional agenda item to appoint an adhoc Committee, consisting of County officials, Chamber of Commerce officials and the City of Dover officials.

Mr. Hodge requested to add a public hearing which was inadvertently overlooked as an agenda item to consider the EDA sewer rehabilitation project.

Mr. Hodge also requested an executive session in some point of the agenda to consider land acquisition.

MINUTES

The Minutes of the Regular Council Meeting of November 14, 1977 were unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Weyandt, and bore the written approval of Mayor Legates.

MONTHLY REPORTS

Chief of Police Report for the Month of October

The Chief of Police Report for the Month of October was unanimously accepted by motion of Mr. Witt, seconded by Mr. Carey.

Building Inspector & Fire Marshal Report for the Month of October

The Building Inspector & Fire Marshal Report for the Month of October was unanimously accepted by motion of Mr. Weyandt, seconded by Mr. Witt.

City Planner Report for the Month of October

The City Planner Report for the Month of October was unanimously accepted by motion of Mr. Bewick, seconded by Mr. Carey.

City Alderman Report for the Month of October

The City Alderman Report for the Month of October was unanimously accepted by motion of Mr. Witt, seconded by Mr. Carey. A check in the amount of $1,613 was remitted.

General Fund, Cash Receipts Report for the Month of October

Mr. Weyandt pointed out a typographical error under the heading of “Revenue Fund Appropriation, Budget Balance”. The budget balance indicated $5,000,000 and should have been $500,000.

The General Fund, Cash Receipts Report for the Month of October was unanimously accepted as corrected by motion of Mr. Weyandt and seconded by Mr. Bewick.

General Fund, Budget Report for the Month of September

The General Fund, Budget Report for the Month of September was unanimously accepted by motion of Mr. Weyandt, seconded by Mr. McDonough.

Electric Revenue Fund, Cash Receipts Report for the Month of October

In a discussion on the report, Mr. McDonough asked if there has been any further developments or correspondence with the Electric Consultants concerning certain allegations made related to the method of arriving at a fuel cost charge.

Mr. Hodge responded that a report was received from Middle West, which has been relayed to Council and Mr. Perman. The City Manager’s office does not intend to pursue the matter further at this time.

The Electric Revenue Fund, Cash Receipts Report for the Month of October was unanimously accepted by motion of Mr. Witt, seconded by Mr. Bewick.

Electric Revenue Fund, Budget Report for the Month of September

The Electric Revenue Fund, Budget Report for the Month of September was unanimously accepted by motion of Bewick, seconded by Mr. Weyandt.

Electric Improvement Fund, Cash Receipts & Disbursements Report for the Month of October

The Electric Improvement Fund, Cash Receipts and Disbursements Report for the Month of October was unanimously accepted by motion of Mr. Witt, seconded by Mr. Bewick.

Library Fund, Cash Receipts & Disbursements Report for the Month of October

The Library Fund, Cash Receipts and Disbursements Report for the Month of October was unanimously accepted by motion of Mr. Weyandt, seconded by Mr. Hardcastle.

CITY MANAGER REPORT FOR THE MONTH OF OCTOBER

Acting City Manager Hodge reported the delivery and acceptance of the fifth Senior Surrey, which is equipped with a lift capable of transporting two wheel chairs. The Surrey will be put in service in approximately two weeks and will require the hiring of one additional employee. He added that the Surrey will also be utilized for everyday scheduled runs to reduce the waiting time of potential riders.

In order to keep abreast of progress and expenditures, Mr. Carson requested a monthly status report on the downtown revitalization project, which Mr. Hodge consented to submit.

Closing of Recreation Center

Mr. Hodge requested approval from Council to close the City of Dover Recreation Center on December 24, 25, 26, and 31, 1977 and also January 1 and 2, 1978 which will involve Christmas and New Years weekends. He informed Council that the Center has been experiencing very little participation on Saturdays during the colder weather.

Mr. Witt moved for approval of closing the Center on the above dates and requested that the Parks, Playgrounds and Trees Committee investigate the possibility of also closing the Center on Saturdays during January, February and March. The motion was seconded by Mr. Hardcastle and unanimously carried.

Mr. Witt moved for approval of the City Manager’s report as submitted, seconded by Mr. Hardcastle and unanimously carried.

EXECUTIVE SESSION

Mr. Witt moved for a recess to convene in Executive Session to consider land acquisition. The motion was seconded by Mr. Carson and unanimously carried.

After a ten minutes Executive Session, Mayor Legates reconvened the Regular Meeting of Council.

PUBLIC HEARING - REZONING - DOVER-KENTON ROAD - FOXHALL PLANTATION COMPANY

A public hearing was duly advertised for this time and place to consider the rezoning of property located on the Dover-Kenton Road, owned by Foxhall Plantation Company. Mayor Legates declared the hearing open.

Dr. James McClements was present, explaining that this would be a continuation of Foxhall Development, with the exception that a portion of the land will be developed into some type of multi-family units, such as Turnberry.

He stated that the Board of Maple Dale Country Club has no objections to the development or the concept of utilizing a portion of the Club’s entrance road for access to the proposed project.

Mr. Roe informed Council that the Department of Highways has reviewed the concept of utilizing Maple Dale Country Club’s entrance road and expressed their approval and that the Planning Commission recommends approval of the rezoning.

Mayor Legates declared the hearing closed.

Mr. Weyandt moved for approval of the rezoning, seconded by Mr. Witt. By a roll call vote of seven (7) yes, one (1) absent - Mr. Muir - the motion was carried 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 DOVER-KENTON 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 RM-2.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-20 to RM-2 on that property located on the Dover-Kenton Road, owned by Foxhall Plantation Company.

ADOPTED NOVEMBER 28, 1977

PUBLIC HEARING - RUDOLPH & TEEDIE BROWN - COUNTY ROAD #156

A public hearing was duly advertised for this time and place to consider the rezoning of property located on County Road #156, owned by Rudolph and Teedie Brown. Mayor Legates declared the hearing open.

Mrs. Carrie Miller was present to inquire of the meaning of the public hearing, which was explained by Mr. Roe.

M/Sgt. Allen was present and asked to have the requirements of a R-20 zoning and R-8 zoning explained.

Mr. Roe stated that an R-20 designation is a single-family residence with a minimum 20,000 square foot requirement and R-8 zoning is also a single-family residence with a requirement of 8,000 square feet.

The Planning Commission recommended approval of the rezoning.

Mayor Legates declared the hearing closed.

Mr. Bewick moved for approval of the rezoning, seconded by Mr. Hardcastle and by a roll call vote of seven (7) yes, one (1) absent - Mr. Muir - 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 #156.

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 County Road #156, owned by Rudolph & Teedie Brown.

ADOPTED NOVEMBER 28, 1977

PUBLIC HEARING - EPA GRANT - SEWER REHABILITATION PROJECT

A public hearing was duly advertised for this time and place for the purpose of public input and discussion on an EPA Grant which will fund the rehabilitation of existing sewers in the City of Dover. Mayor Legates declared the hearing open.

The Director of Public Works explained that a study of inflow and infiltration into the sewage system of the City was made in 1973 which resulted in a television inspection to determine the extent of damage to the sewage system. The public hearing is a requirement of Federal Regulations.

Mayor Legates declared the hearing closed.

Mr. Weyandt moved to approve the study for rehabilitation of the City of Dover sewage system as presented. The motion was seconded by Mr. Bewick and by a roll call vote of seven (7) yes, one (1) absent - Mr. Muir - the results of the study were approved.

ELECTION RESULTS - ROBBINS HOSE COMPANY

On November 21, 1977 the Robbins Hose Company held their annual election for the purpose of electing the various chiefs for the year 1978.

The following are the results of the election as submitted by the Judges (Councilman Witt, Councilman Muir and City Clerk Willis).

Chief - Edwin Baker, Jr. - 35 votes

Deputy Chief - Charles Boyer - 36 votes

First Ass’t Chief - Raymond Osika - 32 votes

Second Ass’t Chief - Robin Christiansen - 31 votes

Third Ass’t Chief - John Hurd - 31 votes

- Ken Neal - 9 votes

Fire Captain - William Hurley - 4 votes

- David Louie - 13 votes

- Bryan W. Wasko - 23 votes

By motion of Mr. Bewick, seconded by Mr. Weyandt, Council unanimously approved the results of Robbins Hose Company election as certified by the Judges.

BID AWARD - EDA GRANT PROJECT - WATER MAINS

Mr. Hodge reported that all bids have been received for the EDA Grant Project that would improve existing water mains in the City. The low bidder of those bids submitted was Teal Construction Company in the amount of $378,780.00. The Engineer’s estimate on the project was $428,437. He added that after all engineering studies and consulting fees are expended, which would be in addition to the $378,780 bid, approximately $50,000 will remain from the grant. It is planned to utilize this sum for other water main projects, using the base figures of Teals’ bid as an addendum to the original bid award. It was also reported that the contract contains the required 10% minority clause.

By motion of Mr. Bewick, seconded by Mr. Weyandt, Council unanimously approved the bid of Teal Construction Company by a roll call vote of seven (7) yes, one (1) absent, Mr. Muir.

PORTION OF INDEPENDENCE BOULEVARD - ACCEPTANCE AS CITY STREET

After a complete study by staff, it is the recommendation of the City Manager that a portion of Independence Boulevard, beginning at the center line of Walker Road to the property line of Presidential Courts, be accepted as a part of the City street system. This portion of Independence Boulevard involves 4.322 acres of roadway and right of way. Mr. Hodge informed Council that the City now holds a $9,000 maintenance bond to cover the streets and utilities and a sum of $3,000 in escrow for sidewalks not installed.

Mr. Weyandt moved for acceptance of Independence Boulevard as recommended by the City Manager, seconded by Mr. Witt and unanimously carried by a vote of seven (7) yes, one (1) absent - Mr. Muir.

J.P. COURT #7 REPORT - OCTOBER

A check was received from J.P. Court #7 for the Month of October in the amount of $9,402.20. Mr. Hardcastle moved for approval of the report as submitted, seconded by Mr. Weyandt and unanimously carried.

UTILITY COMMITTEE REPORT

The Utility Committee met on November 21, 1977 at 7:00 p.m. with Chairman Bewick presiding.

Preliminary Review of Puncheon Run Interceptor

Mr. Bewick referred to a letter received by Mayor Legates, dated September 7, 1977, from the State Office of Management, Budget and Planning. The letter requested an explanation of increasing the size of Puncheon Run Sewer Pumping Station and reaffirmation that Council is complying with the recommendations of the 1970 Comprehensive Development Plan and the 1974 Kling Update.

It was the recommendation of the Committee that Council reaffirm to the State that no change is contemplated in the Comprehensive Development Plan. The motion was seconded by Mr. Weyandt and unanimously carried.

Alluding to the proposed Puncheon Run Sewer Interceptor, Mr. Bewick moved that a public hearing be held on January 9, 1978 at 8:00 p.m. and that all residents of the area be notified of the hearing. The motion was seconded by Mr. Witt and unanimously carried.

Project #71 - Persimmon Tree Lane Water Main - Front Foot Charge

After consultation by the City Engineering Department and the Office of the City Manager, the Utility Committee recommended that a front foot charge of $6.68 per foot be assessed to each property owner for a water main on Persimmon Tree Lane, otherwise known as Project #71.

Mr. Bewick moved for the recommendation of the Utility Committee, seconded by Mr. McDonough and by a unanimous vote Council adopted the following ordinance.

AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF THE INSTALLATION OF A WATER MAIN ON PERSIMMON TREE LANE.

WHEREAS, the Council is authorized to install water mains in the City, and by ordinance, to provide for the levy and collection of assessments against the property owners whose land adjoins said installation, and

WHEREAS, the Council has caused to be installed a water main on Persimmon Tree Lane, and

WHEREAS, this ordinance is enacted pursuant to the Charter of the City of Dover, Section 28 (c) to levy and collect the assessment against property owners whose land adjoins said installations to cover the cost thereof.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. An assessment shall be, and hereby is, levied against all property owners whose property adjoins the installation of said water main at the rate of $6.68 per front foot adjoining said water main.

2. These assessments shall be liens against said properties and shall forthwith be entered in the Municipal Lien Docket.

3. These assessments shall be paid within a five year period from the date of enactment of the assessment and levies including interest which shall be at the rate of 6% per annum on the unpaid balance of each assessment. The assessments plus accrued interest to the date of payment may be paid in fill at any time during the five year period. If the assessments are paid in full within one year from the date of enactment of the assessments and levies, then all interest charges shall be waived and only the original amount of each assessment shall be paid.

4. The cost of tapping to said water main shall be in addition to the assessments heretofore stated and such tapping charges shall be due and payable once the tap is completed.

5. A public hearing on said assessments and levies shall be held on January 9, 1978 at 8:00 p.m. in the Council Chambers of City Hall, at which time any appeals from the same may be heard. Notice of public hearing shall be given by publication in a local newspaper once a week for each of the two weeks preceding the date of the hearing.

ADOPTED NOVEMBER 28, 1977

Christmas Lighting - Downtown

Referring to the recommendation of the Committee to illuminate the downtown Christmas lighting beginning December 15, 1977 until New Years Eve, Mr. Bewick stated that additional cost information had been compiled and requested that Mr. Hodge relate the cost factors to Council.

Mr. Hodge stated that the total cost of illuminating the downtown Christmas lighting from November 29, 1977 until New Years, the total cost would be $20.83.

Mr. Witt moved that the Christmas Tree and the Downtown lighting be illuminated beginning November 29, 1977 and ending January 1, 1978; said illumination to begin at dusk until one 10:00 p.m. The motion was seconded by Mr. Bewick and carried by a vote of six (6) yes, one (1) no - Mr. McDonough - and Mr. Muir absent.

Playtex #1 - Temporary Sanitary Pumping Station

The Committee discussed a request by Playtex Plant #1 to construct a temporary pumping station at the site of the former cooling tower on Kings Highway that served the old power plant. It was explained that this is necessary in order that Playtex conforms with a Court Order to desist in dumping of affluent in the St. Jones River. The pumping station will be connected to the County sewer system until the City installs the St. Jones Interceptor sewage main.

The Committee recommended approval of the installation. Mr. Bewick moved for the recommendation of the Committee, seconded by Mr. McDonough and unanimously carried.

Huebner Farm Lease

The Committee recommended that Francis Bergold be extended a one year lease on the Huebner Farm, owned by the City and located at the intersection of Route #9 and County Road #68, near the southern boundaries of the Dover Air Force Base. The lease mandates an annual payment of $4,025.

Mr. Bewick moved for the recommendation of the Committee, seconded by Mr. Hardcastle and unanimously carried.

Mr. Hardcastle moved for acceptance of the Utility Committee Report, seconded by Mr. Weyandt and unanimously carried.

REZONING REQUEST - MR. & MRS. W. CLIFTON HUFNAL - COUNTY ROAD #67

A request was received to rezone property located on County Road #67 at the southerly end of Fox Road, owned by Mr. & Mrs. W. Clifton Hufnal. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.

By motion of Mr. Weyandt, seconded by Mr. Witt, Council unanimously adopted the following resolution and referred the request to the Planning Commission.

A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.

WHEREAS, certain lands located on County Road #67, southerly end of Fox Road, 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 January 9, 1978 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to C-3 that property located on County Road #67, southerly end of Fox Road, owned by Mr. & Mrs. W. Clifton Hufnal.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED NOVEMBER 28, 1977

REZONING REQUEST - MARY P. OPDYKE - COUNTY ROAD #67

A request was received to rezone property located on County Road #67, owned by Mary P. Opdyke. 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. Bewick, Council unanimously adopted the following resolution and referred the request to the Planning Commission.

WHEREAS, certain lands located on County Road #67 southerly end of Fox Road, 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:

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED NOVEMBER 28, 1977

REZONING REQUEST - FRANK J. & BELINDA SHIVICK - 508 W. LOOCKERMAN STREET

A request was received to rezone property located at 508 W. Loockerman Street, owned by Frank J. & Belinda Shivick. 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. Hardcastle, Council unanimously adopted the following resolution and referred the request to the Planning Commission.

WHEREAS, certain lands located at 508 W. Loockerman Street 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 January 9, 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 508 W. Loockerman Street, owned by Frank J. & Belinda Shivick.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED NOVEMBER 28, 1977

CORRESPONDENCE

Bicentennial Committee - Request to Purchase Mrs. Bell Walter’s Paintings

A letter from Mikki Brockstedt, Executive Director of the Bicentennial Committee, requested that Council consider purchasing five paintings, depicting the revolutionary era and presently displayed in the Council Chambers. The Bicentennial Committee offered to purchase one painting for a sum of $200 if Council would purchase the remaining four for a total of $800. If the City budget would not allow an expenditure of $800, the Bicentennial Committee recommended that a payment of $400 be made in fiscal year 1978 and the final sum of $400 in fiscal year 1979. It was also noted that the City of Dover would retain ownership of the paintings.

Since the paintings are originals and depict revolutionary scenes relative to the local area, it was the City Manager’s recommendation that a payment of $400 be submitted for fiscal year and the remaining $400 to be paid in fiscal year 1979.

Mr. Bewick moved for the recommendation of the City Manager, seconded by Mr. Weyandt.

Mr. McDonough questioned a reference in the letter which stated that it was the understanding of the Bicentennial Committee that the City of Dover would purchase the paintings sometime after the celebration of the Bicentennial.

Mr. Witt suggested that the purchase be delayed until a final audit of the Bicentennial Committee’s financial report to determine if enough monies are available from that source to purchase the paintings.

On a call for the question by Mr. Weyandt and a roll call vote of five (5) yes, two (2) no - Mr. McDonough and Mr. Witt - (Mr. Muir absent) Council approved the purchase of the paintings.

Mr. Hodge reported that the final audit of the Bicentennial Committee should be completed by December 15, 1977.

Restriction of Garage Sales

Mr. McDonough informed Council of complaints by residents concerning certain individuals continually holding garage sales in residential areas. He moved that this matter be referred to the Legislative and Finance Committee to discuss a possible ordinance to restrict said sales to once or twice a year. The motion was seconded by Mr. Witt.

Mr. Roe stated that Council could require a license and not allow garage sales in residential areas. He further stated that he could see some difficulty in enforcing an ordinance which would allow one or more garage sales per year to each individual.

By unanimous vote, Council referred the matter to the Legislative and Finance Committee.

Appointment - Adhoc Committee - Kent County - Chamber of Commerce & City of Dover

Mayor Legates stated that he had been requested by the Chamber of Commerce to appoint an adhoc committee to study and define the types of industry that could be attracted to the City and the economic impact thereof. The adhoc committee will comprise of the City of Dover, Chamber of Commerce and Kent County.

Mayor Legates appointed Councilmen McDonough, Weyandt and Witt as representatives of the City. It was the Mayor’s desire that the City of Dover be represented in all matters of this subject.

Mr. Hardcastle moved for adjournment, seconded by Mr. Weyandt and unanimously carried.

Meeting Adjourned at 9:00 p.m.

WILLIAM H. WILLIS

CITY CLERK

All orders, ordinances and resolutions adopted by City Council in their meeting of November 28, 1977, are hereby approved.

CHARLES A. LEGATES, JR.

MAYOR

December 5, 1977