Regular City Council Meeting
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Jul 22, 1974 at 12:00 AM

REGULAR MEETING

July 22, 1974

The Regular Meeting of City Council was held on Monday, July 22, 1974 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Biggs, Legates, Walls, Holpp, Hardcastle, Muir, Harris and Cullen.

The invocation was given by Reverend Thorpe in the absence of the Council Chaplain, Reverend J. H. Williams.

MINUTES

The minutes of the regular meeting of City Council held on July 28, 1974, were accepted and bore the written approval of Mayor Carroll.

MR. TED RESSLER - Y.M.C.A.

Mr. Ted Ressler has requested to be placed on the agenda and was introduced by Mayor Carroll.

Copies of the budget proposal for the Dover YMCA NYPUM Project was presented to Council for their examination.

In his address to Council, Mr. Ressler referred to a grant of $16,000 by Council to the YMCA for the NYPUM project or National Youth Project Using Mini-bikes. He requested that the $16,000 grant be spread out over a three year period with a total budget of $20,660, $4,660 being derived from sources other than the City. The reason for this request, Mr. Ressler pointed out, is the length of time necessary to reach the youth, the program organizational formulation and public acceptance.

The original proposal allowed $4,000 for the purchase of a van. Mr. Ressler expressed a desire instead to enter in an arrangement with the National Council of YMCA’s on a lease purchase basis. This would be a 44.5 month contract and the YMCA would own the van when terminated. Since the City of Dover would furnish funds for the payments, insurance, etc. any use of the van by programs other than NYPUM would be prorated accordingly.

November 1, 1974, is the target date for initiating NYPUM. The YMCA is presently negotiating for land use with private industry. If this does not succeed the YMCA will be back to discuss using land owned by the City.

Mr. Ressler stated that he had sent a letter to Mayor Carroll concerning the YMCA Summer Jobs Program. The original sum of $1,000 granted by the City and the Levy Court will not carry the program to completion. Council was asked to consider reimbursing the YMCA at the end of summer in an amount not to exceed $500.

In completion, Mr. Ressler asked to meet with the Committee whose function is safety and traffic in relation to bicycle safety. This to be a joint meeting with the Kiwanis, The City and any Civic group interested in promoting bicycle safety.

Mr. James stated to Council that revenue funds cannot be extended in excess of 24 months. The City is required to submit a Planned Use Report to the Office of Revenue Sharing in Washington, D.C. for funds to be used during the year. A second report is filed at the end of the year showing the actual use of revenue sharing monies. This report has already been filed with the Revenue Sharing Office designating the funds allocated to the YMCA as shown on the original report. Mr. James said that any change now would require a special dispensation act by the Secretary of the Treasury.

On motion of Mr. Legates, seconded by Mr. Hardcastle, Council voted that the YMCA Budget Proposal for NYPUM be referred to the Committee of Committees. Motion carried.

On motion of Mr. Legates, seconded by Mr. Walls, Council referred the request for additional fund for the Summer Jobs Program to the Committee of Committees. Motion carried.

Mayor Carroll recommended that Mr. Ressler write a letter to the Parks, Playgrounds and Trees Committee Chairman, Mr. Walls, requesting that he or his committee be present to discuss bicycle safety.

Mr. Walls stated that a letter would not be necessary of Mr. Ressler or his committee would contact him they would be put on the agenda for a regular meeting night. (1st Monday of every month)

CIVIC CENTER REPORT

Mr. James presented a written report of the Civic Center Committee meeting of July 10, 1974. The Committee considered proposals for the detailed feasibility study relating to the new Dover Civic Center and Sports Arena. A proposal was received from Touche Ross Company and proposals were solicited from the Arthur Anderson Company and George Siler and Clark of Atlanta, Georgia. The latter two companies elected not to submit proposals since they would not do in-depth studies and allow their findings to be published. The study is required by the bonding companies as a basis for financial arrangements for the facility, to obtain a bond rating and to comply with the mandate f the referendum held in January 1974.

It was the recommendation of the Committee that the contract be awarded to Touche Ross Company in the amount of $28,500 plus out of pocket expenses not to exceed ten percent of the total bid price.

Mr. Harris questioned a statement on page 4 of the proposal stating that the City would not be permitted to publish or make use of any information in the study unless the City has a further written agreement from Touche Ross Company. Mr. James stated that the contract, if awarded to Touch Ross Company, will provide that the contents of the study could be published and could be included and made a part of any bond prospectus, should the referendum prove favorable.

The Committee report stated that out of the $45,000 original grant, which was authorized by Council from revenue sharing funds, only $18,000 remained. Therefore, the Committee requested an additional $15,000 from revenue sharing to complete the study and carry the proposal to the second referendum in compliance with the bonding companies and the mandate of th referendum held January 1974.

On motion of Mr. Legates, seconded by Mr. Hardcastle, Council by unanimous roll call vote awarded the contract to Touche Ross Company and authorized the expenditure of up to $15,000 additional revenue sharing funds for the feasibility study.

PUBLIC HEARING - J. ERLICH REALTY COMPANY - WILLIS ROAD

A public hearing was duly advertised for this time and place to consider the rezoning of lots 24 to 39 inclusive on Willis Road owned by J. Erlich Realty Company, equitable owned being Chapel Builders. Mayor Carroll declared the hearing open. There was no one present to speak for or against the rezoning and no correspondence received. The Planning Commission had recommended approval of the rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Muir, Council by a roll call vote of seven (7) yes and one (1) opposed, Mr. Cullen, approved the rezoning and 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 WILLIS ROAD, LOTS 24 TO 39 INCLUSIVE, FROM R-8 TO RG-2.

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 R-8 to RG-2.

NOW, THEREFORE, BE IT RESOLVED 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 had been amended by changing the zoning designation from R-8 to RG-2 on that property located on Willis Road, lots 24 to 39 inclusive, owned by J. Erlich Realty Company, equitable owner being Chapel Builders.

ADOPTED JULY 22, 1974

AD REQUEST - SENIOR LITTLE LEAGUE REGIONAL TOURNAMENT

A letter was received from Mrs. Peggy Kucek requesting that a $100 ad be taken by the City of Dover. The monies derived from the sale of ads will be used to defray expenses of having and feeding 56 boys, managers, coaches and umpires involved in the 1974 Senior Little League Regional Tournament. On motion of Mr. Holpp, seconded by Mr. Biggs, Council by a show of hands voted five (5) yes and three (3) no and approved a $100 ad and directed the City Manager’s Office to handle the transaction. Motion carried.

NEWCOMERS CLUB OF DOVER - LUMINARIA

A letter was received from Mrs. June R. Foster, Vice-President of the Newcomers Club of Dover, requesting permission to sell luminaria. The money received from the sale would be used to finance an arts and crafts program held at the Kent County Orthopedic School. Mr. Roe stated a desire to have some say as to what areas the candles would be used. Areas adjacent to bulk storage or warehouses would not be desirable. Mr. Hardcastle moved that Mr. Roe approve any area where the candles are to be used and granted the request. Motion was seconded by Mr. Legates and carried.

MODERN MATURITY CENTER - SENIOR SURREY

A letter from Mr. Robert Bonniwell of the Modern Maturity Center expressed his appreciation for the excellent service of the Dover Senior Surrey. On motion of Mr. Legates, seconded by Mr. Walls, Council acknowledged receipt of the letter.

NEW JERUSALEM BAPTIST CHURCH - DEED TO LOT REQUEST

A letter was received from the New Jerusalem Baptist Church requesting that Council grant them a deed to a lot on the corner of Mary and Kirkwood Streets presently used as a City Playground. On motion of Mr. Biggs, seconded by Mr. Walls, Council referred the matter to the Committee of Committees.

A. EDWARD GREENWOOD - ELECTRIC DEPT. - THANKS

Dr. A. Edward Greenwood write a letter to the City Electric Department thanking Mr. Schucker and his department for solving an electric problem at his home on Penn Ave. On motion of Mr. Walls, seconded by Mr. Biggs, Council acknowledged receipt of the letter.

AMSTEL CORPORATION - REQUEST TO ADDRESS COUNCIL

Mr. William H. Uffelman of Amstel Corporation requested time on the agenda to address Mayor and Council on the Richardson Tract. Mr. Uffelman stated that the purpose of the request was to give additional information on the project and answer any questions Council might have regarding the project. Mr. Uffelman introduced Mr. James McGraft to address Council.

Mr. Harris asked if there had been another zoning application submitted for the property. Mayor Carroll answered that there had not. Mr. Harris asked if this was a public hearing. Mayor Carroll answered no. Since the zoning had been turned down in the July 8, 1974 meeting, Mr. Harris asked the purpose of Amstel Corporation presentation and what was to be accomplished. Mr. Uffelman answered that the request was submitted for the purpose of explaining the project in more detail. Mr. Harris stated that if the purpose of presenting facts and figures at this meeting was to have Council reconsider their decision, it was his opinion that the representatives of Amstel Corporation were off base. Any new request should be put through the ususal channels which is apply for a zoning change, go before the planning commission and hold a public hearing.

Mr. Uffelman explained that one of the purposes for the presentation was to try to come up with some basis for future planning and the next zoning application. He felt that they have a real dilemma as far as a future planning on the project since they did not know what the thinking of Council would be regarding the site. Mayor Carroll stated that in the last discussion of Council it was indicated that any future developments of the magnitude of the Richardson Tract be looked at after the study by Kling Associates is completed.

Mr. James stated that if there were no objections by Council, he would like to request vacation time from the 5th of August to August 19. The request was granted.

Mr. Roe informed Council that a workshop meeting of the Planning Commission would be held on Tuesday, July 23, 1974, on the revision of the Zoning Code. He invited any councilman to the meeting if they so desired. Mr. Roe requested vacation the first two weeks in September. The request was granted.

Mr. Willis requested vacation time from August 26 to September 3, 1974. The request was granted.

Mr. Hardcastle stated that he was concerned about the dialogue between some of the members of Council and Amstel Corporation. Referring to the minutes of the previous Council meeting on page 8, it was his impression that Council had supported Mr. Cullen’s though that Council should declare a moratorium on any rezonings until the completion of the comprehensive plan. Mayor Carroll replied, “No, Sir.” Mr. Hardcastle stated that he felt that it was important that Council support Mr. Cullen’s suggestion until the completion of Kling Associates report. Mayor Carroll replied that if we declared a moratorium it would have to be across the board to cover all rezonings to avoid discriminating against certain areas. He felt that Council could handle each case as presented until such time that the report from Kling Associates was implemented.

Meeting adjourned 8:34 P.M.

                                                                        WILLIAM H. WILLIS

                                                                        CITY CLERK

All orders, ordinances and resolutions adopted by City Council at its meeting of July 22, 1974, are hereby approved.

                                                                        CRAWFORD J. CARROLL

                                                                        MAYOR

July 24, 1974