REGULAR MEETING
May 23, 1977
The Regular Meeting of Council was held on May 23, 1977 at 7:30 P.M. with Vice-Mayor Muir presiding. Members present were Messrs. McDonough, Weyandt, Hardcastle, Carey, Witt, Carson and Bewick. Mayor Legates was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS
Item #28
Mr. McDonough requested an agenda item related to public notice of all meetings to the news media.
Executive Session Request
Chief Spence requested an Executive Session immediately after the Regular Council Meeting to discuss personnel problems and changes in the Police Department.
Correspondence - Item (b)
Mr. Willis requested an addition to the agenda to discuss a letter from Livingston and Emmert Realty, related to the grass cutting ordinance.
Cancellation - First State Development Co. Public Hearing
Mr. Willis reported a letter directed to the City Planner, from the Reston Development Company, equitable owner of the property located on Webbs Lane, requesting a continuance of 30 days on the public hearing scheduled on May 23, 1977. This was approved as an added agenda item.
Item #30
Item #7 of the Council agenda refers to the public hearing to consider rezoning property located at 595 N. DuPont Highway, owned by Ida V. Kemp. Mr. Willis reported receiving a letter canceling the public hearing. He also requested an additional agenda item to consider the re-application by Mrs. Ida V. Kemp to rezone 595 N. DuPont Highway and to set a date for a public hearing.
Deletion of Agenda Items
Mr. Witt requested that items #20, #21, #23 & #24 be deleted from the agenda since these items are to be discussed in the Legislative and Finance Committee Report.
Mr. Bewick requested that items #26 & #27 relating to Lifeline Electric Rates and a Noise Control Ordinance be deleted from the agenda, pending consideration by the Utility Committee.
MINUTES
The Minutes of the Regular Council Meeting of May 9, 1977 were unanimously approved by motion of Mr. Bewick, seconded by Mr. Witt and bore the written approval of Vice-Mayor Muir.
REPORTS
Chief of Police Report for the Month of April
Mr. Weyandt again expressed concern over the number of complaints under the offense classification of larceny and theft. He mentioned the possibility of conversing with the Courts to explore the possibility of having violators work off their terms in the City of Dover Recreation area.
By motion of Mr. Witt, seconded by Mr. Weyandt, the Chief of Police Report for the Month of April was unanimously accepted.
Building Inspector and Fire Marshal Report for the Month of April
The Building Inspector and Fire Marshal Report for the Month of April was unanimously accepted by motion of Mr. Weyandt, seconded by Mr. Bewick.
City Planner Report for the Month of April
The City Planner Report for the Month of April was unanimously accepted by motion of Mr. Witt, seconded by Mr. Bewick.
City Alderman Report for the Month of April
The City Alderman Report for the Month of April was unanimously accepted by motion of Mr. Bewick, seconded by Mr. Wit. Total fines remitted - $1,708.
FIRE LANES - TREADWAY INN
Mr. Witt asked if the fire lanes in front of the Treadway Inn on East Loockerman Street are legitimate, in accordance with City of Dover ordinances.
Mr. Saxton answered that they are not legitimate and that they have never been accepted by the Chief of Police or the Fire Marshal.
Mr. Bewick moved that the matter be referred to the Safety Advisory Committee, seconded by Mr. McDonough.
Mr. McDonough stated that he did not think it was necessary to refer this matter to the Safety Advisory Committee. He suggested that the Office of the Fire Marshal notify the Treadway Inn that the Fire Lanes, as designated, are not legitimate.
Mr. Carey moved that the Fire Marshal’s Office contact the proper officials of the Treadway Inn with a notice to remove the signs. The motion was seconded by Mr. Bewick and unanimously carried.
General Fund, Cash Receipts Report, for the Month of April
The General Fund, Cash Receipts Report, for the Month of April was unanimously accepted by motion of Mr. Witt, seconded by Mr. Weyandt.
General Fund, Budget Report, for the Months of January, February & March
Mr. McDonough questioned the reasoning for a quarterly report on the General Fund budget, rather than a monthly format. After discussion on the subject, Mr. McDonough moved to return to the quarterly report format for the General Budget Report, seconded by Mr. Witt and unanimously carried.
Mr. Bewick moved for acceptance of the General Fund Budget Report, seconded by Mr. Witt and unanimously carried.
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 accepted by motion of Mr. Weyandt, seconded by Mr. Hardcastle.
Electric Revenue Fund, Budget Report for the Month of March
The Electric Revenue Fund, Budget Report for the Month of March was unanimous accepted by motion of Mr. Weyandt, seconded by Mr. Hardcastle.
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 accepted by motion of Mr. Witt, seconded by Mr. Bewick.
Library Fund, Cash Receipts & Disbursements Report - April
Mr. Bewick noticed that the Library Fund is overspent by some $585.00.
Mr. James reminded Council that the Library was controlled by the School District for the first six months of the budget year. All library accounts have now been turned over to the City of Dover and expenditures are approved by the City Manager.
City Manager’s Report for the Month of April
Mr. James reported that Warren Brothers was awarded the contract to repair streets which were damaged by the severe winter. The work commenced on April 20th and was completed on April 29th.
Overhaul of Unit #1 at McKee Run continued this month and should be completed the first week of May. The new St. Jones Sub-station will replace two substations plus a regulator bank that now serves Towne Point, downtown Dover and Playtex.
Mr. Witt reported conversations with individuals which indicated that the site on which the St. James substation is being constructed is zoned improperly for that use.
Mr. James confirmed this fact by stating that this property has been the location of a City of Dover utility for many years. During this period of time, this location has been zoned R-8. Unable to explain the reasoning, the subject of the zoning was somehow overlooked during the drafting of the comprehensive plan. Council suggested that Mr. James initiate the proper action to have the Planning Commission study this matter and make a future recommendation.
Mr. Bewick reported that the Governor’s executive committee has recommended that the Saulsbury Road project proceed. However, they also recommended that the Route #8 and Route #104 project be deleted.
The Federal Highway Administration has approved the installation of a traffic light at the intersection of Walker and Saulsbury Roads and work will begin the week of May 23rd.
Within two weeks, Mr. James reported that Conrail will be in the area replacing ties in the tracks. During this time they will also be improving the railroad crossings. However, Conrail reported that the delivery on the rubber bed to be installed at the North Street crossing will be delayed for another eight weeks, due to the manufacturer’s backlog of orders.
Mr. McDonough moved to abandon the practice of having the City Manager read his monthly report. In lieu of this, he suggested that the City Manager review only certain key issues. The motion was seconded by Mr. Witt and unanimously carried.
By motion of Mr. Witt, seconded by Mr. Weyandt the City Manager’s Report for the Month of April was unanimously accepted.
J.P. COURT #7 REPORT - APRIL
A check was received from J.P. Court #7 for the month of April in the amount of $7,953.33. By motion of Mr. Witt, seconded by Mr. Bewick, the report for the month of April was unanimously accepted as submitted.
REPORT - LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on May 18, 1977 at 4:45 P.M. with Chairman Muir presiding.
Tax Exempt - Farmland Property
The Committee first reviewed a description of tax exempt farmland property which would be a Charter addition. After review by the City Solicitor, it was recommended that a section which relates to a change from farm use to development, providing for a tax rollback wherein the tax shall be due for a period of three years from the date of change, be deleted.
Mr. Witt moved to recommend acceptance of the description, deleting Section C, Item d. It was also recommended that the City Solicitor perform a final review for submission to the General Assembly to enable the section to become effective February 1, 1978. Mr. Weyandt seconded the motion which was unanimously carried and Council adopted the following proposed Charter addition.
SUBJECT
Farm land tax assessment exemption
PURPOSE
1. To establish the definition of a farm
2. To establish eligibility for exemption
3. To establish conditions for granting of exemption
A. FARM: to be defined as a farm the following conditions must be met:
1. The area so defined must be not less than five (5) acres of contiguous lots or parcels.
2. All land under farm buildings such as barns, cribs, silos, implement sheds and like structures, lakes, irrigation ponds, dams and streams, shall be included in computing the total area.
3. All land under the farmhouse, garage, lawn, garden, swimming pool, tennis courts or other recreational facilities or other like purposes, may not be included in computing the total areas.
B. ELIGIBILITY FOR EXEMPTION:
1. To qualify for exemption the following conditions must be met:
a. Area must have been actively devoted to agricultural or horticultural use for two (2) years immediately preceding the year in which exemption is requested.
b. Area must be equal to or exceed that area required to be defined as a “farm”
c. Official application, must be filled in duplicate, with Tax Assessor, signed by the owner, each year on or before February 1st.
C. EXEMPTION
1. To be exempt from Tax Assessment Consideration, the following conditions shall apply:
a. The area defined as a farm shall have been actively utilized as such, and shall have produced a minimum income of $500 from the sale of products there from, for each of the two (2) year preceding the year of exemption and zoned “A” (agriculture).
b. 1. Payments received under a soil bank or equivalent conservation program shall be considered income for this purpose.
2. Products shall include, but is not limited to: grain, produce, vegetables, fruit, forage, animals, animal and dairy products, trees, shruba, poultry and poultry products and all manner of things beneficial and necessary to the wellbeing of man.
Application for exemption must be made each year to the Assessor, signed by the owner of the property, on application forms supplied by the Assessor.
c. Land value shall be computed and carried on tax records at its full true value. If request for exemption is not requested, in any given year after initial exemption is granted, the land then becomes taxable at its computed true value.
Permit Fees - Building Inspector’s Department
Mr. Roe presented a comparison schedule of permit fees to the Committee for their review. The schedule showed related fees of Wilmington, Kent County, New Castle County, Newark Sussex County, Milford and Rehobeth. The report was compiled in an attempt to update the City of Dover fees for various permits issued by Mr. Roe’s office.
Anticipating a change in permit fees effective July 1, 1977, Mr. Roe plans to submit a list of recommendations to the Committee before the June 15th Legislative and Finance Committee meeting. Copies of the report and recommendations will be furnished to members of Council.
Liability Insurance
In considering the purchase of liability insurance for Council members, the Chief of Police, Fire Marshal and Building Inspector, the Committee recommended that the City Manager be authorized to purchase insurance through the National League of Cities or the City Manager’s Association.
Mr. Witt moved for the recommendation of the Committee, seconded by Mr. Bewick and unanimously carried.
Check Signing - Treasurer’s Office
The Committee considered a request by Mr. Willis, to authorize Mrs. Debrah Bittner, of his office, to sign checks in the absence of the Treasurer.
Mr. Witt moved that the City Solicitor draft a resolution to be presented to Council at the June 13th Regular Meeting. The motion was seconded by Mr. Bewick and unanimously carried.
Appointment of Auditor 1976 - 77
Noting the urgency of beginning audit procedures for the year 1976-77, the Committee recommended that Mr. William Manter be appointed due to the lack of specifications to solicit other firms for bids.
Mr. Witt moved for the recommendation of the Committee, seconded by Mr. Hardcastle and unanimously carried.
The Committee also recommended that the City Manager and Finance Director prepare the guidelines and specifications for an audit bid proposal to facilitate a request for bids no late than January 15, 1978.
Mr. Hardcastle moved for the recommendation of the Committee, seconded by Mr. Weyandt and unanimously carried.
Affirmative Action Policy
The Committee discussed an Affirmative Action Policy to be adopted by the City of Dover. It was reported that Vice-Mayor Muir has corresponded with Mrs. Taylor, requesting input with no acknowledgment to date.
Mrs. Lawrence Taylor was present taking exception to the latter statement, stating that she had not received any correspondence from the City. Mr. Muir informed Mrs. Taylor that he would remit a copy of the letter to her office. This matter will be discussed at the future Legislative and Finance Committee meeting, wherein the Committee will proceed to develop an Affirmative Action Policy.
Mr. Hardcastle cited the urgency of developing such a policy, stating the possibilities of jeopardizing other City programs involving Federal grants.
In submitting a copy of the aforementioned letter, Vice-Mayor Muir stated that an invitation to attend the next Legislative and Finance Committee meeting on June 15th, would be extended to Mrs. Taylor.
Mr. McDonough voiced his disapproval of having to attend committee meetings that convene at 4:45 p.m., as was the case of the May 18th Legislative and Finance Committee meeting. He further stated that he would not attend any future meetings held at this time of the day. It was his opinion that Council should not approve any public body meeting that would be held prior to 6:30 or 7:00 p.m.
Proposed Campaign Disclosure Law
The Legislative and Finance Committee next reviewed a list of campaign disclosure laws submitted by Councilman Witt, to be incorporated in Chapter 11 of the City of Dover Code.
It was the Committee’s recommendation, Mr. McDonough voting no, that Council adopt the following campaign disclosure laws.
SECTION 11-10
Duties & Responsibilities of Candidates
(a) It shall be the duty and responsibility of a candidate to keep full and complete records of all contributors received and all expenditures made by the candidate.
(b) It shall be the duty and responsibility of the candidate to file the reports as required by Section 11-11 to the City Clerk.
SECTION 11-11
Reports
(a) Each candidate shall file with the City Clerk reports and contributions and expenditures on forms prescribed by the Clerk.
(b) Such reported shall be filed within:
1. Five days after nominating petition deadline, and
2. Five days before the date of the Election, and
3. A final report within ten days after such Election.
(c) Each report shall disclose:
1. The full name and mailing address of each person who has made one or more contributions to such candidate in connection with such campaign in an amount or value in excess of $1.00 together with the amount and date of such contributions. (Such reported shall be cumulative)
2. The full name and address of each person or firm to whom expenditures have been made on behalf, in connection with such campaign.
3. Each statement or report shall be signed by the candidate.
4. If a candidate has no expenditures or contributions, then the word “None” shall be written across such reports and filed with the City Clerk.
5. If a candidate uses only personal funds for such campaign, these funds need not be reported as contributions.
SECTION 11-12
Public Disclosure
(a) All reports made to the City Clerk, or designee, under this ordinance shall be public and copies available within a reasonable time during customary office hours of the City Clerk’s office for inspection and copying by the public.
(b) Contributions from a fictitious or anonymous source, made on behalf of another person, from any other committee, organization, or association are prohibited.
Mr. McDonough explained his opposition to the Campaign Disclosure Law, stating the comparison of a Councilman’s pay verses a small amount that would be involved in a campaign.
Mr. Witt moved, seconded by Mr. Carey, to hold a public hearing on the proposed Campaign Disclosure Laws on June 15, 1977 at 8:00 P.M. The motion was unanimously carried.
Codification and Printing of Ordinances
Mr. Willis reported that proposals have been received from two major companies to print and codify the City Charter and Code. It is now a matter of reviewing the proposals submitted by the companies, related to total cost, and proceed with a preliminary meeting.
The Committee suggested that this matter be negotiated by the City Manager and the City Clerk.
After arriving at a total cost figure for this project, the City Manager and the City Clerk will then submit the proposal to Council for final approval.
Mr. Witt moved for adoption of the Legislative and Finance Committee Request as submitted, seconded by Mr. Carey and unanimously carried.
PUBLIC HEARING - SPEED LIMIT - NORTH GOVERNORS AVENUE TO WALKER ROAD
A public hearing was duly advertised for this time and place to consider a speed limit of 25 MPH on North Governors Avenue from William Street to Ross Street, and 35 MPH on North Governors Avenue Boulevard from Ross Street to Walker Road. Vice-Mayor Muir declared the hearing open.
Mr. Douglas VanSant, of 626 North Governors Avenue, was present to speak for the change in the speed limit and expressed his appreciation to Council for their consideration.
There was no one present to speak against the change in speed limit and no correspondence.
By motion of Mr. Weyandt, seconded by Mr. Carey, Council, by a roll call vote of five (5) yes, one (1) absent - Mr. Witt, one (1) abstaining - Mr. Bewick, adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The speed limit for vehicles traveling on Governors Avenue between William Street and Ross Street shall be 25 miles per hour.
2. The speed limit for vehicles traveling on Governors Avenue Boulevard between Ross Street and Walker Road shall be 35 miles per hour.
3. This Ordinance shall be enforced upon erection of appropriate signs.
ADOPTED MAY 23, 1977
PUBLIC HEARING - IDA V. KEMP REZONING - 595 NORTH DUPONT HIGHWAY
A public hearing was duly advertised for this time and place to consider the rezoning of property owned by Ida V. Kemp, located at 959 North DuPont Highway.
The City Clerk reported a letter from Thomas C. Jackson, of Terry, Terry & Jackson Law Offices, requesting that the Ida V. Kemp rezoning be withdrawn. Mr. Jackson stated that a new application for rezoning has been completed for submission to the Planning Commission on June 20th.
Mr. Hardcastle moved for acceptance of withdrawal, seconded by Mr. McDonough and unanimously carried.
ACCEPTANCE OF PETERSEIL PROPERTY FOR ANNEXATION
There was a motion by Mr. Witt, seconded by Mr. McDonough, to remove the Peterseil Annexation from the table for consideration by Council. The motion was unanimously carried.
Mr. Witt moved, seconded by Mr. Weyandt, to accept the Peterseil property for annexation as of 12:01 A.M. May 24, 1977.
Mr. Hardcastle again commented on the possibilities of repercussions from the odor emitted by the rendering plant in the area, once the property becomes a part of the City of Dover.
Mr. Weyandt reiterated a previous motion in which he stated that the City of Dover would not be responsible for any complaints by future residents involving the odor of the rendering plant.
Stemming from a question by Mr. McDonough, Mr. Bewick stated that the State is now involved in a Court case with the rendering plant due to the odor. It was the general opinion Council that this matter could be handled after the development of the Peterseil property.
By unanimous roll call vote, Council adopted the following resolution.
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, a recent Amendment to the Charter of the City of Dover authorized the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area bordering on the east side of McKee Road and north of the present City limits, and hereinafter more particularly described within the limits of the City of Dover.
WHEREAS, an election as above mentioned was held during the 127th General Assembly, Special Session 1973 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, the aforementioned Amendment of the Charter of the City of Dover provides that if a majority of the Votes Cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council shall thereupon adopt the resolution annexing said territory and including same within the limits 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 the following described area situated in East Dover Hundred, Kent County, State of Delaware and more particularly described and bounded therein shall be annexed to and included within the limits of the City of Dover:
ALL that certain tract, piece or parcel of land now or late of Helene and Osias Peterseil, lying in East Dover Hundred, Kent County, Delaware, being contiguous to the City of Dover and bounded on the north by Route #100, on the east by properties of Little Methodist Union Church and on the south by the present City limits.
2. That the certified copy of the resolution of annexation together with a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County.
3. That the above described area so annexed an included within the limits of the City of Dover shall be for all purposes beginning with the effective date of this resolution be a part of the City of Dover.
4. That the effective date of this resolution shall be the 24th day of May 1977 at 12:01 A.M. o’clock.
ADOPTED MAY 23, 1977
PETERSEIL TRACT REZONING
Based on a motion of table the Peterseil annexation Council took no formal action in the public hearing of April 25, 1977 to rezone same.
By motion of Mr. Hardcastle, seconded by Mr. Weyandt, Council by unanimous roll call vote 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 SOUTHEAST CORNER OF COUNTY ROUTE #100 AND COUNTY ROUTE #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 RSPUD (County Zoning) to C-1A and RM-1.
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 RSPUD (County Zoning) to C-1A and RM-1 on that property located on the southeast corner of County Routes #100 and #156, owned by Helene and Osias Peterseil.
ADOPTED MAY 23, 1977
SET PUBLIC HEARING - SIDEWALK DISPLAY ORDINANCE
The City Solicitor prepared and submitted an ordinance which would permit sidewalk displays under certain conditions.
Mr. Witt moved to hold a public hearing on June 13, 1977 at 8:00 P.M. for the purpose of considering the ordinance, seconded by Mr. Carey and unanimously carried.
PARKING - HOSPITAL EMPLOYEES AND VISITORS - SOUTH BRADFORD STREET
Mr. Witt reported many complaints concerning the parking of vehicles by hospital employees and visitors on South Bradford Street. He recommended that this matter be referred to the Safety Advisory Committee for consideration of an ordinance which would stipulate two hour parking from 8:00 a.m. to 5:00 p.m.
Mr. James reported that this subject will be discussed as an agenda item of the hospital board meeting of May 23rd. The Board is aware of this problem and will endeavor to correct the situation through their employees.
Mr. Hardcastle moved that the City Solicitor prepare an ordinance stipulating two hour parking from 8:00 a.m. to 5:00 p.m. in the first block south of the hospital on South Bradford Street and that a public hearing by held on June 13, 1977 at 8:00 p.m. The motion was seconded by Mr. Weyandt.
Mr. McDonough expressed dissatisfaction in not referring this matter to the Safety Advisory Committee for a recommendation.
On a roll call vote, the motion was carried by a vote of six (6) yes, one (1) no - Mr. McDonough.
CORRESPONDENCE
Chamber of Commerce - Kent County Information Booklet
A request was received from the Greater Dover Chamber of Commerce for the City of Dover to purchase space in their annual Kent County Information Booklet.
Mr. Weyandt moved, seconded by Mr. Bewick, that the City Manager purchase one-quarter page advertisement in the Greater Dover Chamber of Commerce Information Booklet, at a cost of $155, taking advantage of the $25.00 discount for application before May 31st.
Grass Cutting Ordinance - Livingston & Emmert Realtors
A request was received for relief from the grass cutting ordinance from Livingston and Emmert Realtors. The City of Dover grass cutting ordinance stipulates that all grass must be kept cut within a height of twelve (12) inches, regardless of the size of the lot.
The letter pointed out the hardship imposed on owners of lots ranging from 40 to 100 acres. The letter further stated that a 50 acre plot would cost at least $1,000 per year to maintain in accordance with the ordinances.
Mr. Bewick moved to refer this matter to the Utility Committee, seconded by Mr. Witt and unanimously carried.
REZONING REQUEST - IDA V. KEMP - 595 NORTH DUPONT HIGHWAY
A request was received to rezone property located at 595 North DuPont Highway, owned by Ida V. Kemp. Questioned by Mr. Witt, Mr. Saxton stated that Mrs. Kemp has reapplied to afford an opportunity to present her rezoning request to the Planning Commission for further consideration.
Mr. Witt moved, seconded by Mr. Carey, that the rezoning request be referred to the Planning Commission and a public hearing be held on June 27, 1977 at 8:00 p.m.
Mr. Weyandt directed the City Clerk to research a referral by Council to the Planning Commission which requested consideration of a regulation that would prevent applicants from re-applying for rezoning on a particular property within one year.
On a call for the question, Mr. Witt’s motion for referral to the Planning Commission and a public hearing on June 27, 1977 at 8:00 p.m. was unanimously carried.
ACTIVATING ALDERMAN’S COURT
Mr. Weyandt referred to the subject of activating the City Alderman’s Court, stating that a report has been submitted by the City Clerk with an opinion from the City Solicitor. He recommended that Council pursue the subject further or drop same from the Unresolved Referral List.
Mr. McDonough moved that Council not consider the question of activating the Alderman’s Court at this time. The motion was seconded by Mr. Weyandt and carried by a vote of six (6) yes, one (1) no, Mr. Witt.
SECONDARY FIRE STATION - WEST OF RAILROAD
Mr. Hardcastle moved that further discussions of a secondary fire station west of the railroad be referred to the Safety Advisory Committee. The motion was seconded by Mr. Weyandt.
Mr. Bewick informed Council that he is aware of a study now being conducted to determine the feasibility of an overpass over the railroad. It was his opinion that an overpass and a secondary fire station west of the tracks should be discussed simultaneously.
Mr. Hardcastle agreed to take this under consideration during the discussions of his Committee.
On a voice call vote, Council unanimously referred these items to the Safety Advisory Committee.
DOWNTOWN REVITALIZATION
Mr. James reported no further progress on the downtown revitalization program, other than the President signing the Public Works Bill into law. He is now awaiting further word from the Federal Government.
Forms will be sent by the EDA for the purpose of updating the original application. Additional requirements of the Bill will state that 20% of the contractors involved in the downtown reconstruction must be from a minority group. According to information received by Mr. James, EDA will mail guidelines on May 16th, but to date none have been received by the City.
REGISTRATION BY MAIL
The City Clerk reported continued efforts to facilitate a merger of the City and County voter registration rolls. If the merger becomes a reality, the City of Dover will be governed by State and County laws that include a provision for registration by mail.
Mr. McDonough moved that further discussions on registration by mail be deferred, pending the outcome of a merger of the voter registration rolls between the City and the County. The motion was seconded by Mr. Weyandt and unanimously carried.
Mr. McDonough moved that further discussion on voter registration merger be deferred, pending future meetings of the County officials and the City Clerk. The motion was seconded by Mr. Hardcastle and unanimously carried.
COMPATIBILITY OF ZONING MAP WITH COMPREHENSIVE PLAN
Mr. Bewick moved that a progress report be submitted by the Planning Commission relative to adapting the Zoning Map in accordance with the Comprehensive Plan to include an estimated date of completion. The motion was seconded by Mr. Weyandt and unanimously carried.
Mr. Saxton indicated that this question has been resolved by the Planning Commission and a report will be submitted in the near future.
REAL ESTATE TRANSFER TAX
Mr. Weyandt moved that the subject of a City of Dover Real Estate Transfer Tax be stricken from the list of Unresolved Agenda Items. The motion was seconded by Mr. McDonough and unanimously carried.
PARK FACILITIES - ESTABLISH CRITERIA FOR ACCEPTANCE AND PRIORITIES FOR LOCATING
Mr. Saxton referred to the Land Subdivision Regulations that incorporate guidelines for acceptance of parklands.
It is the City Planner’s opinion that this subject is completely covered in the Regulations.
MEETING NOTICES TO NEWS MEDIA
Mr. McDonough stated that various members of the news media had reported not receiving a notice of the May 18, 1977 Legislative and Finance Committee meeting. He asked that Council direct the City Clerk to mail agendas to all newspapers and local radio stations.
Mr. Willis informed Council that members of the news media do receive all meeting agendas. However, agendas are not complete until three or four day prior to the actual meeting. It is possible that some do not receive their agendas until one or two days before the meeting. Notices of meetings are posted seven days prior to the scheduled date.
Mr. McDonough moved to direct the City Clerk to mail notices of all scheduled meetings to the news media at the time of posting. The motion was seconded by Mr. Weyandt and carried by a vote of five (5) yes, two (2) no - Mr. Carey and Mr. Witt.
SET PUBLIC HEARING - FIRST STATE DEVELOPMENT CO. - WEBBS LAND REZONING
A request was received from the Reston Development Company in behalf of the First State Development Company to rezone land on Webbs Lane. The Company asked for a continuance of the previously set public hearing and requested that a public hearing be set within the next thirty (30) days.
By a motion of Mr. McDonough, seconded by Mr. Weyandt, Council unanimously directed that a public hearing be set on June 27, 1977 at 8:00 p.m. and 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 Webbs Lane, bounded by the Mayfair Apartments, Mayfair Subdivision and Wedgewood Subdivision, are presently zoned for C-3 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 27, 1977 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from C-3 to R-8 that property located on Webbs Lane, bounded by the Mayfair Apartments, Mayfair Subdivision and Wedgewood Subdivision, owned by First State Development Company, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MAY 23, 1977
MEETING ADJOURNED AT 9:45 P.M.
An Executive Session was held immediately after adjournment.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of May 23, 1977, are hereby approved.
JAMES P. MUIR
VICE-MAYOR
May 30, 1977
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