REGULAR MEETING
March 28, 1977
The Regular Meeting of Council was held on March 28, 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.
ADDITIONAL AGENDA ITEMS
Item #16 c
Mr. Willis requested an additional agenda item #16 c to discuss correspondence from Michael Harrington, in reference to the intersection of Walker Road and Saulsbury Road.
Item #17
Mr. Willis requested an additional agenda item #17 to discuss a rezoning request for property on Webbs Lane.
Item #18
Mr. Willis requested an additional agenda item #18 to discuss a rezoning request for property on the east side of McKee Road.
Item #19
Mr. Witt requested an additional agenda item #19 to discuss a Code of Ethics for Councilmen.
Item #20
Mr. Witt requested an additional agenda item #20 to discuss the Disclosure Law for Council.
Item #21
Mr. Witt requested an additional agenda item #21 to discuss a Real Estate Transfer Tax.
Item #22
Mr. Witt requested an additional agenda item #22 to discuss the Council Workshop Sessions.
Item #23
Mr. Weyandt requested an additional agenda item #23 to discuss limitation on agenda additions.
MINUTES
The Minutes of the Regular Council Meeting of March 14, 1977 were unanimously approved by motion of Mr. Bewick, seconded by Mr. Witt and bore the written approval of Vice-Mayor Muir.
RESOLUTION - MAYOR CHARLES A. LEGATES, JR.
Mr. Witt moved to adopt the following resolution. The motion was seconded by Mr. Weyandt and unanimously approved.
WHEREAS, Charles A. Legates, Jr., Mayor of the City of Dover was recently incapacitated by unexpected illness; and
WHEREAS, the Council of the City of Dover wish to extend to Mayor Charles A. Legates, Jr., their best wishes for a speedy recovery and return to his active duty.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Council express their sympathy to Mayor Legates and his family for Mayor Legates’ recent illness.
2. The Council of the City of Dover wish to extend to Mayor Legates their best wishes for a speedy recovery from his illness and quick return to his duties.
ADOPTED MARCH 28, 1977
RESOLUTION - CHARLES C. BROWN
Mr. Weyandt moved to adopt the following resolution. The motion was seconded by Mr. McDonough and unanimously carried.
WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the untimely and unexpected death of Former City Engineer, Acting City Manager and City Manager Charles C. Brown who departed this life on March 6, 1977; and
WHEREAS, Charles C. Brown served as City Engineer of the City of Dover from August 30, 1945 through August 21, 1947; and
WHEREAS, Charles C. Brown served as Acting City Manager of the City of Dover from August 21, 1947 until October 13, 1947 and at such time was appointed City Manager and served until May 29, 1950; and
WHEREAS, the death of Charles C. Brown causes a loss to the residents of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council of the City of Dover express their regret at the death of Charles C. Brown, who departed this life on March 6, 1977.
2. That the Mayor and Council of the City of Dover extend their appreciation for the contributions made by Charles C. Brown when serving as City Engineer, Acting City Manager and City Manager of the City of Dover.
3. That the Mayor and Council of the City of Dover extend their deepest sympathy to the widow and family of Charles C. Brown.
4. That the Mayor and Council of the City of Dover direct the Clerk of Council to make this resolution a part of the permanent records of the City of Dover in recognition of the faithful and loyal efforts of Charles C. Brown.
ADOPTED MARCH 28, 1977
RESOLUTION - DOVER SENATORS BASKETBALL TEAM
Mr. McDonough moved to adopt the following resolution. The motion was seconded by Mr. Bewick and unanimously carried.
WHEREAS, the Dover High School Basketball Team won the Northen Division of the Henlopen Conference; and
WHEREAS, the Dover High School Basketball Team participated in the State Championship Tournament, finishing second only to the State Champions; and
WHEREAS, two team members of the Dover High Senators were chosen for the All State Team and the all Henlopen Conference Team; and
WHEREAS, the fine coaching expertise of Coach Denis J. O’Brien and a combined team effort, produced a season record which generated extreme pride in the hearts of all citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council of the City of Dover wish to extend their congratulations to the players, the coach, the parents and students of Dover High School for the success of their basketball team as winners of the Northern Division of the Henlopen Conference and the fighting spirit that took them to the State Championship final game playoff.
2. The Mayor and Council direct the City Clerk to make this resolution a part of the permanent records of the City of Dover.
ADOPTED MARCH 28, 1977
PROCLAMATION - BETA SIGMA PHI WEEK
Mr. Weyandt moved to adopt the following proclamation. The motion was seconded by Mr. Witt and unanimously carried.
WHEREAS, the Delaware Chapter of the International Organization of Beta Sigma Phi has never hesitated to help fellow Delawareans in need; and
WHEREAS, the Delaware Beta Sigma Phi have helped the mentally retarded and contributed to the Emily Bissell Hospital in the State of Delaware; and
WHEREAS, the Delaware Beta Sigma Phi has assisted Pennsylvania flood victims, sent clothing to Indian children in North Dakota and supported Girl’s Town in Texas; and
WHEREAS, Delaware is the first state to recognize the great service Beta Sigma Phi has given to the First State;
NOW, THEREFORE, I CHARLES A. LEGATES, JR., Mayor of the City of Dover hereby declare the week of April 30 - May 6, 1977 as Beta Sigma Phi Week in Dover and urge all Delawareans to come to a better awareness and appreciation of the work of the Delaware Chapter of Beta Sigma Phi.
ADOPTED MARCH 28, 1977
PROCLAMATION - PRIVATE PROPERTY WEEK
Mr. Carey moved to adopt the following proclamation. The motion was seconded by Mr. Witt and unanimously carried.
WHEREAS, the pride of our community and of communities throughout the Nation is a reflection of the pride our citizens take in the property they own and in the care they devote to their homes; and
WHEREAS, members of the Kent County Board of Realtors are among the chief architects of the economic and civic growth of out community through their encouragement and promotion of private home ownership, productive urban, industrial and farm land use and healthful environment; and
WHEREAS, Realtors and Realtor Associates have earned the trust and gratitude of out people by the degree of their social responsibility, fidelity to high standards of professionalism, and uncompromising voluntary allegiance to a rigid Code of Ethics; and
WHEREAS, all citizens of the community benefit from the diligence of Realtors efforts to protect every citizen’s right to private property ownership, from their dedication to competency through continuing education and training and from their constant pursuit of the community’s sound economy by locating and offering secure investment opportunities; and
WHEREAS, Realtors have given unselfishly of their time and talent to community causes, to cooperating the search for equitable solutions to community problems, and to thoughtful response to the educational, professional and recreational needs of the community with meritorious civic benefits to all;
NOW, THEREFORE, I, CHARLES A. LEGATES, JR., Mayor of the City of Dover, do hereby proclaim April 17 - 23 to be Private Property Week and urge my fellow citizens to join with the Kent County Board of Realtors and Realtor Associates across the nation in this observance with appropriate and significant programs of civic betterment during this week and throughout the year.
ADOPTED MARCH 28, 1977
REPORTS
Chief of Police Report for the Month of February
The Chief of Police Report for the Month of February was unanimously accepted by motion Mr. Bewick, seconded by Mr. Witt.
Building Inspector and Fire Marshal Report for the Month of February
The Building Inspector and Fire Marshal Report for the Month of February was accepted unanimously by motion of Mr. Witt, seconded by Mr. Bewick.
City Planner Report for the Month of February
The City Planner Report for the Month of February was unanimously accepted by motion of Mr. Weyandt, seconded by Mr. Witt.
City Alderman Report for the Month of February
The City Alderman Report for the Month of February was unanimously accepted by motion of Mr. Witt, seconded by Mr. Bewick. Total fines remitted - $1,030.
General Fund, Cash Receipts for the Month of February
The General Fund, Cash Receipts for the Month of February was unanimously accepted by motion of Mr. Witt, seconded by Mr. Bewick.
General Fund, Budget Report for the Month of January
The General Fund, Budget Report for the Month of January was unanimously accepted by motion of Mr. Witt, seconded by Mr. Weyandt.
Electric Revenue Fund, Cash Receipts Report for the Month of February
The Electric Revenue Fund, Cash Receipts Report for the Month of February was unanimously accepted by motion of Mr. McDonough, seconded by Mr. Bewick.
Electric Revenue Fund, Budget Report for the Month of January
The Electric Revenue Fund, Budget Report for the Month of January was unanimously accepted by motion of Mr. Witt, seconded by Mr. Hardcastle.
Electric Improvement Fund, Cash Receipts & Disbursements - Month of February
The Electric Improvement Fund, Cash Receipts and Disbursements for the Month of February was unanimously accepted by motion of Mr. Witt, seconded by Mr. Bewick.
Library Fund, Cash Receipts & Disbursements - Month of February
The Library Fund, Cash Receipts and Disbursements for the Month of February was unanimously accepted by motion of Mr. Hardcastle, seconded by Mr. Bewick.
City Manager’s Report - February
The City Manager reported that a recap of frozen water service complaints during the freezing weather indicates that of the 160 complaints, 40 were City service laterals, 60 were private water lines and 60 were frozen water meters. Repairing damaged streets, due to the freezing and thawing conditions, took up most of the man hours expended by the street department in February. Required major repairs are approximately 50% completed.
Unit #3, at McKee Run, was off the line three times during the month, due to leaks in the super-heater. Studies and evaluations of the problem are being conducted to determine the reason for these leaks.
In response to a question by Mr. Witt in reference to the progress on the revitalization of Downtown Dover, Mr. James reported that he is waiting for notification of a meeting with the EDA to discuss this subject. He will report any progress to Council.
Mr. James informed Council of a letter he had received from Mr. Jarvis, Secretary of Highways and Transportation, concerning the proposed traffic light signal at the intersection of Walker Road and Saulsbury Road.
Secretary Jarvis explained that the monies for a permanent traffic signal have been allocated, but monies for a temporary signal are unavailable at this time. He proposed a temporary traffic signal, furnished by the Highway Department, which would cost the City approximately $1,000. Mr. Bewick pointed out that construction on this project has been temporarily delayed.
Mr. Witt moved to authorize the City Manager to expend up to $1,000 to allow the Highway Department to install a manually controlled traffic signal at the intersection of Saulsbury Road and Walker Road, to be used before and during the construction period. The traffic signal would blink yellow for north and south traffic on Saulsbury Road and red for east and west traffic on Walker Road.
The motion was seconded by Mr. McDonough and carried. Mr. Bewick abstained from voting.
It is noted that action on agenda item #16c, a letter from Michael Harrington requesting progress on the installation of a traffic signal at the intersection of Walker and Saulsbury Roads, is not necessary based on the above action.
Mr. James reported that purchasing of the Golf Course is still under discussion and hopefully by the next Council Meeting he will have a written report prepared on all of his findings. Questioned by Mr. Hardcastle, Mr. James stated that if possible the report will be prepared for the Workshop Session of April 4, 1977.
The City Manager’s Report was unanimously accepted by motion of Mr. Witt, seconded by Mr. Carey.
J.P. COURT #7 REPORT - FEBRUARY
A check was received from J.P. Court #7 for the month of February in the amount of $5,135.00. By motion of Mr. Hardcastle, seconded by Mr. Witt, Council unanimously approved the report as submitted.
APPOINTMENT - PLANNING COMMISSION MEMBER - COURTNEY HOUSTON
The name of Courtney P. Houston was presented by Mayor Legates to serve a three year term on the City of Dover Planning Commission. Mr. Hardcastle moved to approve the appointment, seconded by Mr. Carson.
Mr. McDonough stated that he had no questions on the ability of Mr. Houston to serve on the Planning Commission, but was concerned with Mr. Houston’s attendance to meetings, due to the nature of his job.
Mr. McDonough suggested that the Planning Commission consider amending their By-Laws to require attendance restrictions, as provided for in the State Law.
Mr. Bewick moved to table the appointment of Mr. Houston, seconded by Mr. McDonough. By a roll call vote of six yes, one (1) no, Mr. Hardcastle, the motion was tabled.
PUBLIC HEARING - REVERT REZONING AT 925 SOUTH BRADFORD STREET
A Public Hearing was duly advertised for this time and place to consider reverting the zoning of property located at 925 South Bradford Street, from RG-0 to RG-1. The property is owned by William F., Lenora P. and Michael F. Malone. Vice-Mayor Muir declared the hearing open.
Mr. Roe explained that one year has expired since rezoning of this property without any progress towards construction. This public hearing has been set to consider reverting this property to its original zoning, as provided for in the Zoning Code.
The City Clerk reported several letters from property owners in the area, all expressing their desire for Council to revert this property back to its original zoning due to congestion and parking problems in the area.
There was no one present to speak for or against the rezoning. Vice-Mayor Muir declared the hearing closed.
Mr. Weyandt moved to adopt the following resolution. The motion was seconded by Mr. McDonough and carried by a roll call vote of five (5) yes, two (2) absent, Mr. Witt and Mr. Bewick.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED AT 925 SOUTH BRADFORD 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 the property described below from RG-0 to RG-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 has been amended by changing the zoning designation from RG-0 to RG-1 on that property located at 925 South Bradford Street, owned by Lenora P., William F. and Michael F. Malone.
ADOPTED MARCH 28, 1977
CONDEMNATION HEARING - LOT #40 & #1 SPRUANCE ROAD - JOHN PLEASANTON ESTATE
This hearing was set to consider condemnation of Lot #40 and #1 Spruance Road, owned by John B. Pleasanton Estate, c/o B.J. Caniford. Vice-Mayor Muir declared the hearing open. The City Clerk reported no correspondence.
Mr. Roe explained that this hearing was originally set for the March 14th Council Meeting, but was delayed until the March 28th Council Meeting by request of the owner. However, there was no one present to speak at the hearing.
It was Mr. Roe’s recommendation that the ordinances be followed and this property ordered for condemnation. Vice-Mayor Muir declared the hearing closed.
Mr. Witt moved for the recommendation of the Building Inspector, seconded by Mr. Weyandt and unanimously carried by a roll call vote.
STUDY FOR TAX EXEMPT PROPERTY
Mr. Bewick conveyed to Council his concern for the increasing number of tax exempt properties in the City of Dover.
Because of this concern, Mr. Bewick moved that a study be made by the City Assessor, City Manager and City Solicitor to determine the amount of property in the City of Dover that is currently tax exempt by specific categories such as federal, state, county, private and public schools, religious, and other exempt properties. Also, a summary of federal and state laws which mandate tax exempt status and possible solutions for gaining some financial support for the City, including removal of certain tax exemptions and consideration of special assessments for such items as garbage collection, police protection, etc. Mr. Bewick stated that this service charge concept is presently being used by some other cities. Said study is to be submitted to the Legislative and Finance for their recommendations to Council.
The motion was seconded by Mr. Weyandt and unanimously carried.
LITTER CONTROL BILL
Mr. Bewick explained to Council that there are several bills introduced in the General Assembly to control litter. Because of the importance of this subject, Mr. Bewick moved that Council adopt a resolution recommending that the General Assembly pass legislation to curtail the over increasing litter problem.
Mr. Bewick stated that he is not requesting that Council endorse a particular bill, but only to endorse the concept of litter control. The motion was seconded by Mr. Weyandt and carried with Mr. McDonough voting no.
DOVER DOWNS PARKING - ADJACENT PROPERTY OWNERS
Mr. Carey questioned the ordinances prohibiting property owners from using their property for parking facilities during the races at Dover Downs. Mr. Roe replied that there are ordinances prohibiting said parking and his department enforces these ordinances. The only way Mr. Roe’s office would not enforce the ordinances would be for Council to make a special exception to the ordinances on the days that Dover Downs holds a race. If Council should make such an exception, Mr. Carey suggested that the property owners be required to take out a permit.
It was Mr. Weyandt’s opinion that Dover Downs provides ample parking space, therefore, sees no reason for Council to make this exception.
Mr. Weyandt moved that this matter be referred to the Safety Advisory Committee for their study and recommendation. The motion was seconded by Mr. Bewick and unanimously carried.
CORRESPONDENCE
Downtown Merchants
A letter was received from the Downtown Merchants, requesting permission to cover parking meters in the downtown area between April 4 and April 8, 1977 for their Easter promotion. The Downtown Merchants propose to reimburse the City for 56 meters at 40¢ per meter for five days.
Mr. Witt moved to approve this request, seconded by Mr. Bewick and unanimously carried.
Go Kart Race - Capitol Complex
A letter was received from Sadie H. Marker, requesting permission to hold a Go Kart Race on Labor Day, September 5, 1977 on the Capitol Complex. The proceeds will benefit the American Cancer Society.
Mr. Witt moved to refer this request to the Safety Advisory Committee, seconded by Mr. Hardcastle and unanimously carried. Mr. McDonough suggested that Chief Spence contact Mrs. Marker to obtain more detailed information concerning this request.
REZONING REQUEST - FIRST STATE DEVELOPMENT COMPANY - WEBBS LANE
A request was received to rezone property located on Webbs Lane, owned by First State Development Company, Inc. Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.
On motion of Mr. Bewick, seconded by Mr. Witt, Council unanimously adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT 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 April 25, 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 MARCH 28, 1977
REZONING REQUEST - OSIAS & HELENE PETERSEIL - MCKEE ROAD
A request was received to rezone property located on southeast corner of County Route #100 and #156, owned by Helene and Osias Peterseil. Prior to amending the zoning ordinance and zoning map of the City of Dover a public hearing is required.
Mr. Roe explained that this property is currently pending annexation into the City, and this request is set to run concurrently with the annexation request.
On motion by Mr. Bewick, seconded by Mr. McDonough, 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 the southeast corner of County Route #100 and #156 are presently zoned for RSPUD (County zoning) 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 April 25, 1977 at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from RSPUD (County zoning) to C-1A and RM-1 that property on the southeast corner of County Route #100 and #156, owned by Helene and Osias Peterseil.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MARCH 28, 1977
CODE OF ETHICS & CITY CAMPAIGN DISCLOSURE LAW
Mr. Witt moved to refer the matter of Council Code of Ethics and City Campaign Disclosure Law to the Legislative and Finance Committee for their study. The motion was seconded by Mr. Bewick and unanimously carried.
REALTY TRANSFER TAX
Mr. Witt stated that there are four cities in the State of Delaware that are presently requiring a realty transfer tax, and suggested that the City investigate this idea for future sources of income should the need arise.
Mr. Witt moved that this matter be referred to the Legislative and Finance Committee for their study.
The motion was seconded by Mr. Bewick and unanimously carried.
COUNCIL WORKSHOP SESSIONS - DISCUSSION
Mr. Witt moved that the matter of Council Workshop Sessions be brought off the table. For lack of a second, a general discussion followed where it was decided that the regular meeting of April 4, 1977 will be held as scheduled.
LIMIT ON AGENDA ADDITIONS
Mr. Weyandt felt that Council has seven days in which to submit agenda items, giving them ample time to compile a list for the City Clerk’s Office. It was also his feeling that Council does not have any time to study agenda items when added immediately before a meeting.
It was Mr. Witt’s opinion that it would be infringing on a Councilman’s rights to restrict agenda additions immediately preceding a Council Meeting.
Mr. Weyandt moved that each Councilman be allowed one (1) addition to the Agenda, with the exception of emergencies. The motion was seconded by Mr. McDonough and carried by a vote of five (5) yes, two (2) no, Mr. Witt and Mr. McDonough.
MEETING ADJOURNED AT 9:10 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of March 28, 1977, are hereby approved.
JAMES P. MUIR
VICE-MAYOR
April 4, 1977
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