REGULAR MEETING
February 28, 1977
The Regular Meeting of Council was held on February 28, 1977 at 7:30 P.M. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Carey, Witt Carson and Bewick. Councilman Hardcastle was absent.
AGENDA ADDITIONS AND CHANGES
Item #18 - Committee Workshop Session - March 7, 1977
Mr. Witt moved that Item #18 be added to the Agenda for the purpose of discussing a change of date for the Council Workshop Session.
Item #19 - Section 42 of the Charter
Mr. Witt moved that Item #19 be added to the Agenda for the purpose of discussing Section 42 of the City of Dover Charter.
Item #20 - Appointment to the Utility Committee
Mayor Legates moved to add Item #20 to the Agenda, concerning the appointment of a member to the Utility Committee.
MINUTES
The Minutes of the Annual Organizational Meeting of February 14, 1977 were unanimously approved by motion of Mr. Muir, seconded by Mr. Bewick, and bore the written approval of mayor Legates.
REPORTS
Chief of Police Report for the Month of January
The Chief of Police Report for January was unanimously accepted by motion of Mr. Weyandt, seconded by Mr. Muir.
Building Inspector and Fire Marshal Report for the Month of January
The Building Inspector and Fire Marshal Report for the Month of January was unanimously accepted by motion of Mr. Bewick, seconded by Mr. Witt.
City Planner Report for the Month of January
The City Planner Report for the Month of January was unanimously accepted by motion of Mr. Witt, seconded by Mr. Bewick.
City Alderman Report for the Month of January
The City Alderman’s Report for the month of January was unanimously accepted by motion of Mr. McDonough, seconded by Mr. Witt. Total fines remitted - $1,219.00.
General Fund, Cash Receipts Report for the Month of January
The General Fund, Cash Receipts Report for the Month of January was unanimously accepted by motion of Mr. Bewick, seconded by Mr. Muir.
General Fund, Budget Report, Quarterly Report for October, November & December
The General Fund, Budget Report, Quarterly Report for October, November and December was unanimously accepted by motion of Mr. Muir, seconded by Mr. McDonough.
Electric Revenue Fund, Cash Receipts Report for the Month of January
The Electric Revenue Fund, Cash Receipts Report for the Month of January was unanimously accepted by motion of Mr. Witt, seconded by Mr. Muir.
Electric Revenue Fund, Budget Report for the Month of December 1976
The Electric Revenue Fund, Budget Report for the Month of December was unanimously accepted by motion of Mr. Witt, seconded by Mr. Bewick.
Electric Improvement Fund, Cash Receipts & Disbursements - January
The Electric Improvement Fund, Cash Receipts & Disbursements for the Month of January was accepted unanimously by motion of Mr. Muir, seconded by Mr. McDonough.
Library Fund, Cash Receipts & Disbursements - January
The Library Fund, Cash Receipts and Disbursements for the Month of January was unanimously accepted by motion of Mr. McDonough, seconded by Mr. Muir.
City Manager’s Report - January
A total of 563½ man-hours were expended by the Public Works Department on snow and ice removal in January. There were 81 customers temporarily out of water due to frozen water pipes, water meters, and service laterals during the month.
Water consumption for January increased approximately one million gallons per day. This can be attributed to increased usage by industries, apartment complexes and McKee Run. The annual cleaning of all catch basins and storm sewers is underway, as the weather permits.
McKee Run established new records in the generation and sales of electricity with only a few problems caused by the icy temperatures. Arrangements have been made for the five year overhaul of unit #1 scheduled for March 6th through April 30, 1977.
Mr. Witt moved for acceptance of the City Manager’s Report for the Month of January. The motion was seconded by Mr. Weyandt and unanimously carried.
J.P. COURT #7 REPORT FOR THE MONTH OF JANUARY
A check was received from J.P. Court #7 in the amount of $4,741.20 for the month of January. Mr. McDonough moved for acceptance of the J.P. Court #7 Report for the Month of January. The motion was seconded by Mr. Weyandt and unanimously carried.
RIGHT TURN ON RED - S. GOVERNORS AVENUE & WYOMING AVENUE - REMOVAL OF SIGN
Mayor Legates stated that the sign has already been removed. Chief Spence informed Council that according to State law, you may turn right on red, unless posted otherwise. The Police Department is in the process of determining which intersections will be posted with signs prohibiting right turns on red.
Mr. Weyandt moved that no action was necessary, since an ordinance now exists which was adopted on July 14, 1975, allowing right turns on red, unless posted otherwise. The motion was seconded by Mr. Bewick and unanimously carried.
ALLEY ABANDONMENT - WATER STREET - BETWEEN LANDS OF COSTAL CORP. & RUTH BRICKLEY
Mayor Legates stated that according to the records of the City of Dover, this alley has already been abandoned by ordinance, in the Council Meeting Minutes of May 10, 1971.
Mr. Weyandt moved that no action be taken, since the alley has already been abandoned. The motion was seconded by Mr. Bewick and unanimously carried.
AUTHORIZATION FOR CITY MANAGER TO DISBURSE LOCAL PUBLIC WORKS FUNDS
Mr. Hodge reported that the request to disburse Local Public Works Funds (Anti-Recession Funds) was made for the purpose of replacing three of the City’s trash trucks and one service truck, at a cost of approximately $52,000. It was the opinion of Mr. Weyandt that the City is in need of updating their Public Works equipment.
Mr. Weyandt moved to authorize the City Manager to use the Anti-Recession Funds, as allowed by Federal regulations, and to immediately replace three trash trucks and one service truck in the Public Works Department. The remainder of the LPW funds to be expended for allowable equipment replacement, at the discretion of the City Manager.
The motion was seconded by Mr. Muir and carried, with Mr. McDonough voting no.
PUBLIC HEARING - AMENDMENT TO THE ZONING CODE - CONDITIONAL USE
A Public Hearing was duly advertised for this time and place to consider an amendment to the Zoning Code which would stipulate notification to property owners within 150' on applications for Conditional Use. Mayor Legates declared the hearing open.
There was no one present to speak for or against the amendment. Mr. Roe requested that the Planning Commission recommended approval of the amendment. Mayor Legates declared the hearing closed.
On motion by Mr. Witt, seconded by Mr. Bewick, Council by a roll call vote of seven (7) yes, one (1) absent, Mr. Hardcastle, adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Zoning Code of the City of Dover, Article 10 Section 1.53 shall be amended to read as follows:
“1.53 The Planning Commission shall not decide any application for a conditional use permit without first holding a public hearing, notice of which hearing and of the substance of the application shall be given by publication in a newspaper of general circulation in the City of Dover, at least five (5) days prior to the date of such public hearing and further similar notice of such hearing and the substance of the application shall be given to all property owner within 150 feet of the property requesting the conditional use, said notice to be certified mail, return receipt requested, said letters to be mailed at least five (5) days prior to the date of such public hearing.”
ADOPTED FEBRUARY 28, 1977
PUBLIC HEARING - ABANDONMENT OF WOODBROOK ALLEYS
A Public Hearing was duly advertised for this time and place to consider the abandonment of Woodbrook alleys, maintaining utility easements. Mayor Legates declared the hearing open.
Mr. Logan Miller of 1131 Westview Terrace, was present to speak for the abandonment of the alleys.
Mr. Miller stated that the Sub-Division Regulations required alleys at the time the development was constructed. They served no purpose other than to meet the Sub-Division Regulations at the time of construction.
Mr. Peter Nearhos of 1033 Westview Terrace, spoke for the abandonment of alleys in the Woodbrook development, with the City maintaining utility easements. It was Mr. Nearhos’ opinion that most of the residents were content with the present standing of the alley, but if the City is going to make a change, they were definitely against having the alleys paved.
A petition was received containing 34 signature and letters requesting that the alleys in Woodbrook Sections I and II be abandoned.
A position was received containing 34 signatures and letters requesting that the alleys in Woodbrook Sections I and II be abandoned.
Mr. Hodge explained to Council that if the alleys are abandoned, there is a 15' alley fronting on Westwood Drive, between lots #25 and #26, that should be excluded from abandonment. The alley is the only access to a large area of City parkland.
Mr. Weyandt moved to adopt a resolution to consider abandoning the alleys in Woodbrook Development Sections I and II, excluding the 15' alley fronting on Westwood Drive between lots #25 and #26, as designated in the resolution, with the reservation that the City retain permanent easement for maintenance and installation of utilities in the abandoned alleys right-of-ways and that a public hearing be set for March 14, 1977 at 8:00 P.M. Mr. Bewick seconded the motion.
By a roll call vote of four (4) yes, three (3) no, Mr. Muir, Mr. Witt and Mr. Carson, and one (1) absent, Mr. Hardcastle, Council adopted the following resolution.
A RESOLUTION PROPOSING VACATING OF CERTAIN ALLEYS IN WOODBROOK I AND II, IN THE CITY OF DOVER.
Be It Resolved By The Council Of The City Of Dover In Council Met:
The Council of the City of Dover will consider the vacating and abandoning of the following alleys located in the City of Dover, East Dover Hundred, Kent County, Delaware, as laid out and shown on a plat of “Woodbrook” Section One, recorded in Kent County Recorder of Deeds plat book 5, page 53, and on a plat of “Woodbrook” Section Two, recorded in Kent County Recorder of Deeds plat book 5, page 68, and more particularly described as follows:
In Section One:
1. A 20' wide alley bounded by the easterly line of “Woodbrook” Section One, extending from Wyoming Avenue, on the north, to the northerly line of “Woodbrook” Section Two, on the south, and abutting lot numbers 1, 2, 3, 4, 5, 6 and 7 of Section “A”;
2. A 20' wide alley and a 20' wide alley-spur, extending from Shank Road on the west, to Woodsedge Road on the south, and abutting lot numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of Section “B”;
3. A 20' wide alley extending from Shank Road on the east to the westerly line of “Woodbrook” Section One and the northerly line of “Woodbrook” Section Two, and abutting lot numbers 1, 2, 3, 4 and 5 of Section “C”;
In Section Two:
1. A 20' wide alley bounded by the easterly line of “Woodbrook” Section Two extending from the southerly line of Section One, on the north, to the southerly line of Section Two, on the south, and abutting lot numbers 8, 9, 10 and 11 of Section “A”;
2. A 10' wide alley abutting the southerly and westerly lines of “Woodbrook” Section Two, extending from the easterly line of Section Two, westerly, crossing Westview Terrace, to the westerly line of “Woodbrook” Section Two, thence northerly to the southerly line of Section One, and also abutting lot number 1 of Section “A” and lot numbers 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 of Section “C”;
The City of Dover hereby reserves and retains the right and easement of the use of the aforesaid alleys for the installation and maintenance of sewer, water and electric lines, or utility lines of any nature.
The City of Dover excludes consideration of abandoning a 15' wide alley extending northerly from Westwood Drive to the southerly line of “Woodbrook” Section One, and abutting lot numbers 25, 26, 3, 4 and 5 of Section “D”, and certain parklands now or late of The City of Dover.
A Public Hearing will be held in the Council Chambers of City Hall, Dover, Delaware to hear objections to vacating said alleys on March 14, 1977 at 8:00 P.M.
ADOPTED FEBRUARY 28, 1977
PUBLIC HEARING - NORTH GOVERNORS AVENUE - FROM WILLIAM STREET TO WALKER ROAD
A Public Hearing was duly advertised for this time and place to consider a reduction of posted speed on North Governors Avenue from William Street to Walker Road from 35 MPH to 25 MPH. Mayor Legates declared the hearing open.
Mr. Douglas VanSant of 626 N. Governors Avenue, expressed appreciation to Council for considering his request of a reduction of speed in this area. Mr. VanSant is aware that a reduction in speed will not cure all of the hazards in the area, but feels that it will help to prevent a portion of the danger.
Chief Spence reported that the Highway Department recommended that Council not make this change. If, however, Council did decide to reduce the speed, it was their recommendation that Council reduce the speed limit on that portion of N. Governors Avenue between William Street and Ross Street only.
Mayor Legates declared the hearing closed.
Mr. McDonough moved to adopt the following ordinance, which would reduce the speed limit on North Governors Avenue, between William Street and Walker Road, from 35 MPH to 25 MPH. The motion was seconded by Mr. Weyandt and carried by a roll call vote of five (5) yes, and one (1) no, Mr. Carson. Mr. Bewick abstained from voting and Mr. Hardcastle was absent.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Dover Municipal Code shall be amended as follows:
1. The speed limit for vehicles traveling on North Governors Avenue between William Street and the intersection of Walker Road shall be reduced from 35 MPH to 25 MPH and this speed limit shall be enforced upon erection of appropriate signs.
ADOPTED FEBRUARY 28, 1977
PUBLIC HEARING - SPEED LIMIT ON ROUTE #104 FROM ROUTE #8 TO ROUTE #100
A Public Hearing was duly advertised for this time and place to consider a reduction of posted speed on County Route #104 from Route #8 to Route #100, from 50 MPH to 40 MPH. Mayor Legates declared the hearing open.
There was no one present to speak for or against the reduction of speed. Mayor Legates declared the hearing closed.
Mr. Weyandt moved to adopt the following ordinance, which would reduce the speed limit on County Route #104 from Route #8 to Route #100, from 50 MPH to 40 MPH.
The motion was seconded by Mr. Carey and approved by a roll call vote of six (6) yes, Mr. Bewick abstained from voting and Mr. Hardcastle was absent.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Dover Municipal Code shall be amended as follows:
1. The speed limit for vehicles traveling on County Route #104 shall be reduced from 50 MPH to 40 MPH on County Route #104 FROM County Route #8 to County Route #100 or the City limits of the City of Dover and shall be enforced upon erection of appropriate signs.
ADOPTED FEBRUARY 28, 1977
PUBLIC HEARING - INCREASED SPEED LIMIT ON SOUTH WEST STREET
A Public Hearing was duly advertised for this time and place to consider increasing the posted speed limit on South West Street from New Burton Road to North Street, from 25 MPH to 35 MPH. Mayor Legates declared the hearing open.
There was no one present to speak for or against the increased speed limit. Mayor Legates declared the hearing closed.
Mr. Witt moved to adopt the following ordinance, which would increase the speed limit for vehicles traveling on South West Street between New Burton Road and North Street, from 25 MPH to 25 MPH.
The motion was seconded by Mr. McDonough and carried by a roll call vote of six (6) yes. Mr. Bewick abstained from voting and Mr. Hardcastle was absent.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Dover Municipal Code shall be amended as follows:
1. The speed limit for vehicles traveling on South West Street between New Burton Road and North Street shall be increased from 25 MPH to 35 MPH. This Ordinance shall be enforced upon erection of appropriate signs.
ADOPTED FEBRUARY 28, 1977
PUBLIC HEARING - RESTRICTED PARKING ON BAYARD AVENUE
A Public Hearing was duly advertised for this time and place to consider a parking restriction on Bayard Avenue, between Greenhill Road and East Division Street. The restriction would allow two (2) hour parking only between 7:00 A.M. and 5:00 P.M. Mayor Legates declared the hearing open.
Mr. Ralph Lord of 31 Bayard Avenue, addressed Council expressing his concern for the parking situation on Bayard Avenue. It was Mr. Lord’s opinion that the parking problem is resulting from the employees of Playtex, although Playtex supplies it’s employees with ample parking space. Mr. Lord also stated that the parking prohibited access for proper street sweeping.
Councilman Weyandt suggested that Mr. Lord contact the Public Works Department to change the schedule for street sweeping on Bayard Avenue to a more suitable time.
Mr. Paul Scotton of 521 Greenhill Avenue, spoke before Council stating that this parking problem is a great inconvenience to the property owners of Bayard Avenue. Mr. Scotton also mentioned the problem of accessibility of emergency vehicles to the homes on Bayard Avenue, when the street is lines with parked cars.
Mr. Joseph Kirby, of 28 Bayard Avenue, expressed to Council his concern for the inconvenience this problem places on the property owner. Mr. Kirby was also concerned with the accessibility of emergency vehicles to the Bayard Avenue homes and felt as property owners, they should not have to deal with parking problems such as this. Mr. Kirby stated that he has spoken to several people concerning this matter and was assured that Playtex has encouraged their employees to use the Playtex parking lot.
Mr. Weyandt expressed concern for restricting only that portion of Bayard Avenue between East Division Street and Greenhill Road. It was his feeling that this would only change the location of parking to another street in the area. It was Mr. Scotton’s feeling that the proposed restriction would eliminate the parking problem all together, as it would make the walking distance greater to Playtex, therefore, being more convenient to park in the parking lot provided.
Mr. Weyandt moved to adopt the following ordinance, which would restrict parking on Bayard Avenue, between Greenhill Road and East Division Street, to two (2) hour parking only between 7:00 A.M. and 5:00 P.M., with the exception of Saturdays, Sundays, and holidays.
The motion was seconded by Mr. Witt and carried by a unanimous roll call vote. Mr. Hardcastle was absent.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Dover Municipal Code shall be amended as follows:
1. Parking of vehicles shall be restricted to two (2) hours between the hours of 7:00 A.M. and 5:00 P.M. Monday through Friday, except holidays, on Bayard Avenue from Greenhill Avenue North to East Division Street. This ordinance shall be enforced upon erection of appropriate signs.
ADOPTED FEBRUARY 28, 1977
RECESS
HEARINGS SET - BUILDING CONDEMNATIONS
Mr. Roe requested that hearings be set under the Dangerous Building Ordinance for owners of the following properties who have not complied with his written notice.
Case # Location Owner
2-77 102 S. Kirkwood Street Esteban Gonzalez Jr. & Melvin Colbert
3-77 35-37 S. Queen Street Cecie P. Henry, c/o David H. Conklin II
4-77 320 W. Division Street Rev. Martha L. Lawhorn
6-77 411 Reed Street John W. & S. Lowan Pitts
7-77 #1 - Lot #40-small house John Pleasanton Est., c/o B.J. Caniford
#2 - Lot #1 Blk.C #101 Spruance Rd. “
#3 - Trailer on corner of alley “
9-77 112-114 S. Kirkwood Street Rhoda Shockley Est. c/o Edith Hardcastle
11-77 434 Fulton Street Roland S. Mintz Est. c/o Frank Mintz
Mr. Muir moved to set a hearing for March 14, 1977 at 8:00 P.M. for the above condemnation cases, seconded by Mr. Carey. By a roll call vote of seven (7) yes, one (1) absent, Mr. Hardcastle, the motion was carried.
REVERT REZONING - 925 S. BRADFORD STREET - MALONE
Mayor Legates explained that according to Section 5.183 Paragraph C, Page 67 of the Zoning Code, construction on a rezoned property must commence soon after approval of the rezoning and shall proceed in a normal and reasonable manner toward completion. If the above conditions are not satisfied within a one year period, Council shall automatically consider reverting the property back to it’s original zoning classification.
A public hearing is requested for consideration of reverting the zoning of 925 S. Bradford Street, owned by William F., Lenora P. and Michael F. Malone, back to it’s original zoning classification for failure to comply with the one year restriction.
On motion by Mr. Witt, seconded by Mr. McDonough, Council adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located at 925 South Bradford Street are presently zoned for RG-0 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 March 28, 1977 at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from RG-0 to RG-1 that property located at 925 South Bradford Street, owned by William F., Lenora P. and Michael F. Malone.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED FEBRUARY 28, 1977
REQUEST OF PLANNING COMMISSION TO WITHDRAW PUBLIC HEARING OF MARCH 28, 1977
A request was made by the Planning Commission to withdraw the public hearing set for March 28, 1977 relative to updating the Zoning Map to facilitate compatibility with the Land Use Map. The Planning Commission requests Workshop Session with Council after their meeting of March 21, 1977, to discuss same.
Mr. Bewick stated that he has spoken to the Chairman of the Planning Commission and feels that this public hearing may not be necessary. It is Mr. Bewick’s feeling that this problem can be resolved between Mr. Massey, Mr. Roe and himself. Mr. Bewick will report his findings to Council in the meeting of March 28, 1977.
Therefore, Mr. Bewick moved to withdraw the motion setting the public hearing for March 28, 1977, seconded by Mr. Weyandt. The motion was carried by a roll call vote of seven (7) yes, one (1) absent, Mr. Hardcastle.
COMMITTEE WORKSHOP SESSION - MARCH 7, 1977
Due to a conference in Washington D.C. involving several of the Committee members, Mr. Witt moved that the Committee Workshop Session be changed from Monday, March 7, 1977 to Wednesday, March 9, 1977 at 7:30 P.M., seconded by Mr. Weyandt.
The motion was carried by a unanimous roll call vote, with Mr. Hardcastle absent.
SECTION 42 - CITY OF DOVER CHARTER
Mr. Witt moved to refer Section 42 of the City of Dover Charter, which provides that Council shall designate banking institutions where City funds will be deposited, to the Legislative and Finance Committee for consideration in their meeting of April 4, 1977. The motion was seconded by Mr. McDonough and unanimously carried.
APPOINTMENT TO UTILITY COMMITTEE
Mayor Legates submitted the name of Mr. Irvin Levitt of 610 N. Governors Avenue, to fill the vacant seat on the Utility Committee.
Mr. McDonough noted his dissatisfaction in not being informed of the Mayor’s choice for the Utility Committee member prior to the meeting. Mr. McDonough felt that Council should be given time to consider an appointment to a Committee.
Mr. Witt moved to appoint Mr. Irvin Levitt as a member of the Utility Committee. The motion was seconded by Mr. Weyandt and carried by a roll call vote of six (6) yes, one (1) no, Mr. McDonough, and one (1) absent, Mr. Hardcastle.
Meeting Adjourned at 9:18 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of February 28, 1977, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
March 7, 1977
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