REGULAR MEETING
July 11, 1977
The Regular Meeting of Council was held on July 11, 1977 at 7:30 P.M. with Mayor Legates presiding. Council members present were Messrs. McDonough, Weyandt, Hardcastle, Muir, Carey, Witt, Carson and Bewick.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS
Mr. Bewick requested an additional agenda item to discuss a proposed rezoning of a property located at 541 E. Loockerman Street, owned by Walter M. and Juanita Deputy.
MINUTES
Mr. Witt referred to the heading of “Robbins Hose Company - Purchase of New Pumper” in the Minutes of June 27, 1977, mimeographed copies of the Official Minutes quoting Deputy Chief Baker as saying that three quarters percent of all fire alarms are within the limits of the City of Dover. He requested that this be corrected to state “three quarters of all fire alarms”.
By motion of Mr. Weyandt, seconded by Mr. Muir, Council unanimously adopted the Minutes of June 27, 1977 which bore the written approval of Vice-Mayor Muir.
PARKS, PLAYGROUNDS AND TREES COMMITTEE
The Parks, Playgrounds and Trees Committee met on July 5, 1977 at 8;00 P.M. with Chairman Hardcastle presiding.
Feasibility Study - Municipal Golf Course
The Committee reviewed a feasibility study, prepared by Mr. Edmund B. Ault, relative to the City of Dover purchasing the nine hole golf course of Dover Country Club with the possibility of expanding the course to eighteen holes. Incorporated in the study was a proposed eighteen hole course on the Huebner Farm, owned by the City. The Committee recommended acceptance of the study for informational purposes.
Mr. Hardcastle moved to approve the recommendation, seconded by Mr. Muir and unanimously carried.
Delmarva Windsurfing Fleet Regatta
In considering a request from the Delmarva Windsurfing Fleet to hold a regatta on the north side of Silver Lake on September 10, 1977, between the hours of 10:00 a.m. and 4:00 p.m., the Committee recommended approval stipulating that license requirements be waived and all other phases handled as in previous years.
Mr. Hardcastle moved for the recommendation of the Committee, seconded by Mr. Wit and unanimously carried.
Silver Lake Recreation Area - Vehicular Closing Time
Residents with properties adjacent to the Silver Lake Recreation area, expressed concern relating to noise during late evening be persons in the park area.
Mr. James Jackson of 149 Hazel Road, advised the Committee that restricting vehicular traffic after sundown in the park would help considerably in deterring this annoyance.
The Committee recommended that vehicular traffic in the Silver Lake Recreation area be restricted from dusk to dawn.
Mr. Hardcastle moved for the recommendation of the Committee, seconded by Mr. Weyandt and unanimously carried.
It was mentioned that a chain will be erected at the entrances and residents were urged to contact the Police Department if further disturbances occur.
Silver Lake Cemetery - Dumping on Banks
Mr. Hardcastle stated that a complaint concerning the dumping of excess dirt by Silver Lake Cemetery on the bank bordering the lake has been referred to Mr. Woods for a report to the Committee at a future meeting.
Proposed Purchase of Dover Country Club Golf Course
Mr. Edmund B. Ault, Golf Course Architect, strongly urged the City of Dover, in his feasibility study, to avoid participation in the development of an executive type golf course located at the Dover Country Club, due to many negative factors at the site.
The Committee recommended by a vote of four to one, to eliminate all plans of purchasing the Dover Country Club Golf Course for a Municipal Golf Course.
Mr. Hardcastle moved for the recommendation, seconded by Mr. Muir.
Mr. McDonough referred to the total cost figures, as submitted by Mr. James, to purchase the Dover Country Club and construct 18 holes verses a municipal course on the Huebner Farm site. It was his opinion that Council has not had time to fully absorb the full contents of the cost factors and make proper judgement on a choice of the two sites. He suggested that the Committee consider further study of a municipal golf course.
Mr. McDonough moved to table the motion that would eliminate all plans of purchasing the Dover Country Club Golf Course. The tabling motion failed for lack of a second.
Mr. Muir called for the question on Mr. Hardcastle’s motion to approve the recommendation of the Committee. By a vote of six (6) yes, one (1) no, Mr. McDonough, the motion was carried.
Mr. Witt moved for approval of the Parks, Playgrounds and Trees Committee report, seconded by Mr. Hardcastle and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on July 5, 1977 at 9:15 P.M. with Chairman Hardcastle presiding.
Torbert Funeral Home - Parking Spaces
The Committee discussed a request by William Torbert to rent four parking meters on Reed Street by the Funeral Home, for Ten Dollars ($10.00) per month. It was discussed that Mr. Torbert owns a parking lot across the street which is presently leased by the Diamond State Telephone Company. The Telephone Company is presently expanding their off-street parking and may not require future use of Mr. Torbert’s lot.
It was the opinion of the Committee that the Torbert lot should be utilized personally, alleviating the necessity of parking on Reed Street. The Committee recommended denial of the request.
Mr. Hardcastle moved for the recommendation of the Committee, seconded by Mr. Witt and unanimously carried.
Right Turn on Red
Based on the legal opinion of the Solicitor and the recommendations of Chief Spence, the Committee after considerable discussion recommended restrictions for a right turn on red at the following intersections.
New and Loockerman Streets 4 Directions 8:00 a.m. - 6:00 p.m.
State & Loockerman Streets 4 Directions 8:00 a.m. - 6:00 p.m.
Governors Avenue & Loockerman Street 4 Directions 8:00 a.m. - 6:00 p.m.
Wyoming Avenue & State Street Southbound only 8:00 a.m. - 6:00 p.m.
State & North Streets Eastbound only 24 hours
State & Water Streets 4 Directions 24 hours
Mr. Hardcastle moved for the recommendation of the Committee, seconded by Mr. Witt and carried by a vote of six (6) yes, one (1) no, Mr. Bewick.
Mr. Witt moved to hold a public hearing at 8:00 p.m. on August 8, 1977 to consider a proposed ordinance on the above. The motion was seconded by Mr. Muir.
Asked by Mr. McDonough why he opposed the recommendation of the Committee, Mr. Bewick stated that he felt the majority of people favor a right turn on red at all intersections and there have been no accidents to date.
A vote to hold a public hearing to consider the ordinance was unanimously carried.
Fire Station West of Railroad Tracks and Overpass
Chief Kemp’s report to the Committee on a proposed fire station west of the railroad tracks stated that it would cost $532,000 for land, a substation and two pieces of apparatus. He also stated that Robbins Hose Company is not equipped to man such a facility at present.
The matter of an overpass at the tracks has been referred to Mr. A. Barratt Cullen of the State Department of Highways and Transportation.
Mr. Bewick informed Council that the Division of Highways have prepared a presentation on possible overpasses in the City which will be presented to the Planning Commission in the near future for their consideration.
North Bradford Street Parking
In a discussion relating to parking of College students on North Bradford Street, the Committee directed that Mr. James contact Wesley College officials requesting their presence before Council on August 8th to discuss possible solutions to the problem.
Mr. Witt moved that a public hearing be held on August 8, 1977 at 8:00 p.m. to consider two (2) hour parking in the 200 block of North Bradford Street. The motion was seconded by Mr. Bewick. It was also directed that the City Manager notify Wesley officials of same.
On a call for the motion, Council unanimously approved the public hearing.
Four Way Stop - N. Bradford and William Streets
A letter from Mr. John S. Grady of 424 North Bradford Street requested a four way stop at the intersection of North Bradford and William Streets. The purpose of his request is to deter speeding vehicles from Mary Street north on Bradford Street. Chief Spence stated no objections.
The Committee unanimously agreed to present this recommendation to Council.
Mr. Hardcastle moved that a public hearing be held on August 8, 1977 at 8:00 p.m. to consider an ordinance for the four way stop sign. The motion was seconded by Mr. Muir and unanimously carried.
By motion of Mr. Witt, seconded by Mr. Bewick, Council unanimously approved the Safety Advisory Report as submitted.
PUBLIC HEARING - INCREASE IN PERMIT FEES
A public hearing was duly advertised for this time and place to consider amending related ordinances that would increase permit fees in the office of the Building Inspector. Mayor Legates declared the hearing open. There was no one present to speak for or against the proposed increases and no correspondence.
Mr. James reviewed the various increases as prepared in a study conducted by Mr. Roe.
Mayor Legates declared the hearing closed.
By motion of Mr. Weyandt, seconded by Mr. Muir, Council by a unanimous roll call vote approved the permit fee increases and adopted the following ordinance amending the ordinances relating to permit fees to become effective 12:01 A.M. October 10, 1977.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
BUILDING PERMIT FEES
The Building Code of the City of Dover, Section 102.112 (a) and the Dover Municipal Code Section 9-4 is amended to read as follows:
“(a) Permit fees under the Building Code shall be:
For a permit for the construction or alteration of a building or structure, the fee shall be at the rate of Five ($5.00) Dollars for the first $1,000.00 or fraction thereof of the estimated cost, plus Three ($3.00) Dollars for each additional $1,000.00 or fraction thereof of the estimated cost, but not less than Five ($5.00) Dollars in any case.”
FENCE PERMITS
Article I, Section 102.112 of the Building Code is amended by increasing the permit fees to $5.00 for the first $1,000.00 or fraction thereof of the estimated cost, plus $3.00 for each additional $1,000.00 of estimated costs or fraction thereof, but not less than $5.00 for any permit.
SPRINKLER PERMITS
The Building Code of the City of Dover, Article I, Section 102,112 shall be amended by increasing the sprinkler permit fee to $10.00 for each O.S.Y. valve and $.25 for each sprinkler head up to 100 heads, plus $.10 per head for each head over 100 heads.
SIGN PERMITS
Article I, Section 102,112 of the Building Code of the City of Dover is amended concerning the permit fees charged for sign permits by increasing the fee of $.25 per square foot of estimated sign, but not less than $5.00 for each permit.
SWIMMING POOL PERMITS
The Building Code of the City of Dover, Article I, Section 102.112 is amended by increasing the permit fees for swimming pool permits to $5.00 for the first $1,000.00 of the estimated cost plus $3.00 for each $1,000.00 of estimated cost or fractional part thereof, but not less than $5.00 for each permit.
PLUMBING PERMITS
The Plumbing Code of the City of Dover, Section 5.01 is amended by increasing the plumbing permit fees to $2.50 for the first 5 fixtures plus $.75 for each additional fixture and increasing the fee to $2.50 for each gas inspection, water service and sewer service.
HEAT AND AIR-CONDITIONING PERMITS
The City of Dover Plumbing Code is amended by increasing the heat and air conditioning permit fees as provided in Section 5.01 to $1.00 for the first 10,000 BTU’S plus $1.00 for each additional 10,000 BTU’s of heating. The permit fee for air conditioning shall be $3.00 per ton of air conditioning.
ADOPTED JULY 11, 1977
UTILITY COMMITTEE REPORT
The Utility Committee met on July 5, 1977 at 7:00 p.m. with Chairman Bewick presiding.
Delaware Teleservice Rate Increase
The Utility Committee met in Executive Session to discuss financial matters relating to a rate increase request by Delaware Teleservice.
After considerable discussion the Committee recommended to grant the rate increase, with Mr. Bewick voting no.
Mr. Bewick explained to Council that Delaware Teleservice has not submitted a profit and loss statement therefore have not shown justification for the rate increase.
Mr. Bewick moved that the rate increase be denied until such time that the Utility Committee has developed a procedure with written submissions from utilities requesting increases. The motion was seconded by Mr. Weyandt.
By a roll call vote of six (6) yes, one (1) no, Mr. McDonough, Council denied a rate increase to Delaware Teleservice.
William Holden Subdivision - Westwood Place
Mr. Josh Twilley, representing Mr. William Holden, addressed the Committee in reference to the subdivision known as Westwood Place.
The City Manager explained that the City is presently involved in a lawsuit with Mr. Holden relating to utilities installed in Westwood Place some years ago. In accordance with subdivision regulations, subdividers are responsible for the installation of utilities and necessary improvements. Due to complaints from area residents, the City installed a portion of the utilities and billed Mr. Holden. It is Mr. Holden’s contention that his subdivision started prior to adoption of the regulations, therefore he is not responsible, although he has paid a portion of the bill.
In a hearing at Court #7 judgement on the suit was awarded to the City of Dover, however Mr. Holden has filed an appeal to the Superior Court.
In an attempt to settle out of court, Mr. Holden is proposing to install utilities on Bedford Drive, the one remaining undeveloped street, in lieu of paying the aforementioned bill.
The Committee recommended referral to the City Solicitor for his study and recommendations.
Mr. McDonough moved for the recommendation of the Utility Committee, seconded by Mr. Hardcastle and unanimously carried.
Water and Sewer Agreement - Acorn Lane Apartments
The Committee discussed two agreements, presented by Mr. James, that would permit the Acorn Development Corporation to incur all costs of installing water and sewer lines at Acorn Lane Apartments with the understanding that the City will reimburse the corporation by January 1, 1988, from revenues generated by water and sewer to the subdivision, not to exceed $110,000.
The Committee recommended approval of the agreement pending a study by the City Solicitor.
Mr. Bewick moved for approval of the recommendation, seconded by Mr. McDonough and unanimously carried.
The report of the Utility Committee was unanimously accepted as submitted by motion of Mr. Muir, seconded by Mr. Hardcastle.
EXECUTIVE SESSION
Mayor Legates requested an executive session immediately following the regular meeting to discuss City of Dover related litigations.
PROPOSED REZONING - 541 EAST LOOCKERMAN STREET
Mr. Bewick referred to 541 East Loockerman Street, a residence owned by Walter M. and Juanita Deputy, which is adjacent to a commercial building east of the aforementioned property.
He explained that both properties were rezoned C-4 from R-10, at a time that construction of a bank facility was being proposed on the lot now known as 555 East Loockerman or the site of the aforementioned commercial building now being constructed.
Mr. Bewick stated that he has been approached by several residents in this area who are concerned about future commercial development.
Mr. Bewick moved to adopt the following resolution and to refer this 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 541 East Loockerman Street are presently zoned for C-4 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 September 12, 1977 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from C-4 to R-10 that property located at 541 Loockerman Street, owned by Walter M. & Juanita Deputy.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JULY 11, 1977.
Meeting Adjourned at 8:22 P.M.
An Executive Session Convened At 8:30 P.M. and Adjourned At 8:45 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of July 11, 1977, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
July 18, 1977
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