Regular City Council Meeting
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Sep 26, 1983 at 12:00 AM

REGULAR MEETING

September 26, 1983

The Regular Meeting of Council was held on September 26, 1983 at 7:30 p.m. with Mayor Carroll presiding. Councilmen present were Messrs. Richter, Tudor, Boaman, Hardcastle, Christiansen and Witt. Mr. Weyandt and Mr. Shevock was absent.

In the absence of the Council Chaplain, Reverend J.H. Williams, Vice-Mayor Hardcastle gave the invocation.

AGENDA ADDITIONS/DELETIONS

Mr. Roe requested an additional agenda item to set a public hearing for the purpose of considering rezoning land owned by the J.G. Smith Estate, equitable owner being Lutheran Senior Services of Dover. The property is located adjacent to the existing Luther Towers facility.

Mr. Bartolotta requested an additional agenda item for a progress report on Loockerman Street trees.

Mr. Witt requested an additional agenda item to discuss the establishment of a committee to review regulations covering Specifications, Standards and Procedures for Public Works.

Mayor Carroll requested an item to present a proclamation concerning Shriner’s Crusade for Crippled Children Week. He also requested an opportunity to announce subject matter concerning the 300th Tricentennial and the first Mayor’s Annual Prayer Breakfast.

Under correspondence, Mayor Carroll added a letter from Mrs. Edward Clevenger and an additional letter from John Kane, Director of U.S. Community Planning and Development, Region III, Philadelphia, PA.

Council unanimously accepted the agenda as amended.

PLAQUE AND CERTIFICATE OF APPRECIATION - PRESENTED BY TRICENTENNIAL COMMISSION

Mayor Carroll advised Council of a presentation by the Tricentennial Commission involving a certificate of appreciation and a plaque for the City of Dover’s participation in the 300th Tricentennial Celebration.

MAYOR’S PRAYER BREAKFAST

Mayor Carroll announced the date of Thursday, October 6, 1983 at 8:00 a.m. at the Sheraton for the first Annual Mayor’s Prayer Breakfast.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 12, 1983

By motion of Mr. Witt, seconded by Mr. Christiansen, the Minutes of the Regular Council Meeting of September 12, 1983 were unanimously approved and bore the written approval of Mayor Carroll.

ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF SEPTEMBER 14, 1983

By motion of Mr. Hardcastle, seconded by Mr. Boaman, the Minutes of the Special Council Meeting of September 14, 1983 were unanimously approved and bore the written approval of Mayor Carroll.

PRESENTATION - BULLET PROOF VEST - B.P.O.E. ELKS LODGE TO CITY OF DOVER POLICE DEPARTMENT

Mr. Terry Legar, Exalted Leader of the B.P.O.E. Elks Lodge of Dover, presented Chief Klenoski with a check for $1,000 for the purpose of acquiring bullet proof vests for members of the department.

Chief Klenoski accepted the check on behalf of the men and women of the department, thanking the members of the Elks Lodge for their second contribution towards the safety of police personnel.

Mayor Carroll added his thanks to the Elks Lodge.

PROCLAMATION - HALLOWEEN OBSERVANCE

Mayor Carroll submitted the following proclamation concerning the observance of Halloween:

WHEREAS, the observation of Halloween extending beyond the prescribed date for same has resulted in extensive damage and destruction of personal property, and

WHEREAS, the Mayor and Council of the City of Dover have deemed it advisable to restrict the observance of this holiday to Monday, October 31, 1983.

NOW, THEREFORE, BE IT PROCLAIMED AND DECLARED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:

1. That the Halloween observance shall be held on the 31st day of October 1983, and that the residents of the City of Dover, or any other persons within the corporate limits of the City of Dover, are hereby requested to limit this observance to the aforementioned date.

2. That observance of trick-or-treat be limited to the evening of the aforesaid date to allow the families of all citizens to observe Halloween Day in any area of the State.

3. Any person observing Halloween is requested to begin no sooner than 6:00 p.m. and to terminate said observance on or before 9:00 p.m. of the aforesaid date.

4. That any persons violating this, the Proclamation of the Mayor and Council of the City of Dover, shall be subject to the penalties provided under the Laws and Ordinances of the City of Dover.

ADOPTED: September 26, 1983

PROCLAMATION - SHRINER’S CRUSADE FOR CRIPPLED CHILDREN WEEK

Mayor Carroll submitted the following Proclamation, declaring Shriner’s Crusade for Crippled Children’s Week:

WHEREAS, Delaware has a strong legacy of neighbor helping neighbor, and the efforts of the Delaware Shrine Association are an important part of that tradition; and

WHEREAS, the Shrine Hospital has served 260,000 young patients across the nation since 1922; and

WHEREAS, the Delaware Shrine Association helps support the 21 Shriners Hospitals for Crippled Children throughout North America and supports the endeavors of burn institutes in Cincinnati and Boston where many young Delawareans can receive treatment.

NOW, THEREFORE, I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby declare October 3 - 9, 1983 as:

SHRINERS’ CRUSADE FOR CRIPPLED CHILDREN WEEK

in the City of Dover, and urge all citizens to recognize the valuable volunteer work of the Delaware Shrine Association and aid in its efforts to provide quality medical treatment for all young people.

PUBLIC HEARING - REZONING OF 5.573 ACRES OF LAND ON THE WEST SIDE OF COUNTY ROAD #104 (KENTON ROAD) - RICHARD G. AND ANN BRODEN AND WILLARD C. AND CAROL BRODEN, OWNERS

A public hearing was duly advertised for this time and place to consider rezoning 5.573 acres of land located on the west side of County Road #104 (Kenton Road), owned by Richard G. & Ann Broden and Willard C. and Carol Broden. Mayor Carroll declared the hearing open.

There was not one present to speak for or against the rezoning and no correspondence.

Mayor Carroll declared the hearing closed.

Mr. Christiansen moved for approval of the zoning, seconded by Mr. Witt and by a unanimous roll call vote (Mr. Weyandt and Mr. Shevock absent) Council adopted the following ordinance:

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON COUNTY ROAD #104 (KENTON ROAD).

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 R-20 to RG-3.

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 designation from R-20 to RG-3 on that property located on County Road #104 (Kenton Road), owned by Richard G. & Ann Broden and Willard C. and Carol Broden.

ADOPTED: SEPTEMBER 26, 1983

PUBLIC HEARING - VIOLATION OF DANGEROUS BUILDING CODE - PHYLLIS FERGUSON, OWNER - 341 NORTH NEW STREET

A public hearing was duly advertised for this time and place to consider violations of the Dangerous Building Code for a residence located at 341 North New Street, owned by Phyllis Ferguson.

Mayor Carroll declared the hearing open.

There was no one present to speak for or against the resident’s code violations and no correspondence.

Mayor Carroll declared the hearing open.

There was no one present to speak for or against the resident’s code violations and no correspondence.

Mayor Carroll declared the hearing closed.

Mr. Roe advised Council that since the setting of the public hearing he has contacted Phyllis Ferguson, owner of the subject property. Mrs. Ferguson now resides in Newark, New Jersey.

Mr. Roe stated that a daughter, Ms. Charlene Kemper, recently was in Dover and removed all household contents from the residence. Since the property was on the verge of a tax sale, Ms. Kemper issued the Assessor a check for current taxes and met with Mr. Roe, requesting that his office acquire bids for demolition with the stipulation that she may also submit bids.

Mr. Boaman moved that the owner, Phyllis Ferguson, be given ten (10) days to demolish the structure on the property and at that time, Mr. Roe’s office is to proceed with demolition by the lowest bidder. The motion was seconded by Mr. Richter and carried by unanimous roll call vote (with Mr. Weyandt and Mr. Shevock absent).

RITZ CLUB - KIRKWOOD AND REED STREETS - COUNCIL UPDATE ON RENOVATIONS AND PROPOSED BUSINESS CATEGORY

Mayor Carroll informed those present that the subject of the Ritz Club, located on the corner of Kirkwood and Reed Streets, is for the purpose of giving the owners an opportunity to update Council on renovation accomplishments and proposed business category and will not be considered a public hearing. He requested that City Solicitor Rodriguez briefly explain the procedure that is necessary to obtain the information for the Council to make a decision.

Mr. Rodriguez explained that the update to Council on renovation of the Ritz Club was initiated at a prior Council Meeting when a letter of protest was received from Bishop Blackshear of the Bible Way Temple Church of God in Christ, located adjacent to the Ritz Club.

The purpose of the hearing is to afford the owners an opportunity to present plans for the renovation for Council review. Mr. Rodriguez and Chief Inspector Roe met to discuss the matter and he noted that the property is zoned C-2 which is proper zoning for the proposed use. In addition, a building permit has been issued for renovation of the facility.

Mr. Roe stated that the owners of the Ritz Club have submitted plans for renovation to the building, which includes new electrical wiring, a new heating system and proper bathroom facilities. The plans that were submitted did meet the code of the City of Dover.

Questioned by members of Council, Mr. Roe felt that no action could be initiated by Council since the building is properly zoned and a building permit has been issued.

Mr. Hardcastle alluded to the fact that the building had come before Council on several occasions to consider demolition. He stated that he would not have noted for an extension of time to renovate the building if he had known that the renovation would lead to a business that would involve alcoholic beverages. Although Council is limited in any action that could prevent the owners from establishing a business that would conform with a C-2 zoning category, he strongly felt that Council should initiate action that would deter the serving of alcoholic beverages. By request of Council, Mr. Melvin Colbert, one of the owners of the property, stepped forward and introduced his business partner, Mr. Terrance Battle, and Mr. Stortini of W.B. Construction (the contractor performing the renovation). (It is noted that the owners of record of the Ritz Club are Melvin Colbert and Esteban Gonzales.)

Mr. Colbert advised Council that he plans to have a private club in the facility and at this time has no plans to apply for a liquor license. He plans to furnish live entertainment for music for the planned, paid membership.

Questioned by Mayor Carroll, Mr. Colbert stated that he plans to allow members to bring their own beverages on the property but has no plans to sell alcoholic beverages.

Questioned by Mr. Christiansen, Mr. Colbert stated that it could be considered a bottle club.

Mr. Colbert presented a petition with over 100 names obtained from persons on Kirkwood Street and the surrounding area that are in favor of the planned club. A representation of the Bible Way Temple Church of God in Christ also presented a petition opposing the opening of the Ritz Club.

Mr. Colbert stated that he and his partner have already spent approximately $12,000 and have contracts for over $30,000 to complete the renovation.

Mr. Christiansen moved that a letter be written to the State of Delaware Alcoholic Beverage Control Commission notifying that body of Council’s objection to an application to serve alcoholic beverages by the owners of the Ritz Club. The motion was seconded by Mr. Hardcastle.

Mr. Boaman felt that any action by Council at this time would be premature and suggested that the letter express Council’s concern for any application to serve alcoholic beverages, stipulating that Council be notified by the Commission if the owners apply.

Mr. Tudor wondered what right Council had to interfere with the business aspect of the Ritz Club since the property is properly zoned for the type of business planned. He stated that the property was zoned by recommendation of the Planning Commission and approval of Council and felt that Council was out of order to initiate any action against the type of business.

Mr. Richter moved to amend Mr. Christiansen’s motion, stipulating that the letter to be written to the ABC state Council’s concern that a license might be applied for and request written notice from the Commission at the time the application is received. The amendment was seconded by Mr. Boaman and unanimously carried, with Mr. Weyandt and Mr. Shevock absent.

A vote on the main motion, presented by Mr. Christiansen, was unanimously carried with Mr. Weyandt and Mr. Shevock absent.

SET PUBLIC HEARING - 1984 COMMUNITY DEVELOPMENT BLOCK GRANT

Mr. Witt moved that a public hearing be held on October 24, 1983 at 7:30 p.m. to consider the 1984 Community Development Block Grant in order to obtain views and comments from the citizens of Dover regarding the needs of the community. The motion was seconded by Mr. Hardcastle and carried by a unanimous roll call vote (Mr. Weyandt and Mr. Shevock absent).

SET PUBLIC HEARING - REZONING - J.G. SMITH ESTATE - PROPOSED ADDITIONAL LUTHER TOWERS FACILITY - KINGS HIGHWAY N.E. - ADJACENT TO SILVER LAKE

A request was received to rezone property on Kings Highway, N.E., adjacent to the existing Luther Towers facility and Silver Lake. Prior to amending the zoning map and zoning ordinances of the City of Dover, a public hearing is required.

By motion of Mr. Witt, seconded by Mr. Boaman, Council by a unanimous roll call vote, (Mr. Weyandt and Mr. Shevock absent), adopted the following resolution:

A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR 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 northeast of Luther Senior Services of Dover, Inc., known as Luther Towers, and southeast of Oak Lane are presently zoned for C-4 use, and

WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That a public hearing be held in City Hall on October 24, 1983 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from C-4 to RG-2 that property located northeast of Luther Senior Services of Dover, Inc., known as Luther Towers, and southeast of Oak Lane, owned by Luther Senior Services of Dover, Inc.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED: SEPTEMBER 26, 1983

MONTHLY REPORTS - AUGUST

By motion of Mr. Boaman, seconded by Mr. Christiansen, the following monthly reports for the month of August were unanimously approved:

Chief of Police Report

Building Inspector and Fire Marshal Report

City Alderman Report

City Manager Report

J.P. Court #7 Report

General Fund, Cash Receipts Report

General Fund, Budget Report

Water/Sewer Fund, Revenue Report

Water/Sewer Fund, Budget Report

Inter-Governmental Service Fund, Revenue Report

Inter-Governmental Service Fund, Budget Report

Electric Revenue Fund, Revenue and Budget Report

Electric Divisions Report

UTILITY COMMITTEE REPORT

The Utility Committee met on September 14, 1983 at 7:30 p.m. with Chairman Richter presiding.

Manchester Square - Electric Billing

Mr. Richter informed Council that the City Manager is working with the Dover Housing Authority in an attempt to modify their electrical billings which are presently under the category of primary service.

Storer Dispatch Center Schedule

Referring to previous Council action that mandated Storer Cable Communications to maintain a dispatch center time schedule during certain hours to receive trouble calls, Mr. Richter advised Council that a letter was received from Storer requesting that the dispatch center hours be modified, maintaining the center from 7:00 a.m. until 10:00 p.m. Monday through Friday, incorporating coverage by local answering service on the weekends, backed up with a stand-by supervisor and a technician for the same period.

The committee recommended approval of the request.

Mr. Richter moved for approval of the committee’s recommendation, seconded by Mr. Boaman and carried with Mr. Christiansen voting no (Mr. Hardcastle, Mr. Weyandt and Mr. Shevock absent).

Extension of R.W. Beck Contract - General Foods Negotiations

Per request of City Manager Bartolotta, the Utility Committee recommended that the contract with R.W. Beck Consultants, related to negotiations with General Foods for an electrical interconnect with their future generating facility by extended for four months at $2,500 per month, with a maximum expenditure of $10,000.

Mr. Richter moved for the recommendation of the Committee, seconded by Mr. Boaman and unanimously carried.

Annexation Request - Property on Route #8 and Mifflin Road - Rowe Von Pleasanton Estate - Roberta P. Carroll

The committee recommended that an annexation referendum be held on October 27, 1983 for the purpose of an annexation referendum to annex 13.5930 acres of land adjacent to Route #8 and Mifflin Road and an adjoining lot (70' x 400'). Mr. Richter noted that this would square off the westerly boundaries of the City of Dover and hopefully encourage others in the area to annex, filling in pockets of land that presently are not within the corporate limits.

Mr. Richter moved for the recommendation of the committee, seconded by Mr. Christiansen and by a unanimous roll call vote (Mr. Weyandt and Mr. Shevock absent) Council adopted the following resolution:

A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.

WHEREAS, the Charter of the City of Dover authorizes 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 west of Dover and bounded on the north and south by the present City limits, and hereinafter more particularly described 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 herein be annexed to the City of Dover:

ALL that certain parcel of land in East Dover Hundred, Kent County, Delaware, contiguous to the boundary of the City of Dover, lying on the southerly side of Delaware Route 8, known as Hartly Road, 60' wide, its southerly right-of-way line being the present City of Dover boundary, and lying east of Kent County Road 196, known as Mifflin Road, 60' wide, and being bounded as follows:

Beginning at the northwesterly corner of these lands at the intersection of the southerly line of Hartly Road with the easterly line of Mifflin Road; thence, with the southerly line of Hartly Road, S 89° 28' 20" E, 405.55' to a point, corner for this parcel and lands now or late of James E. Teat; thence, with lands of Teat and others the following courses and distances:

            1.   S 9° 50' 48" W, 400';

            2.   S 89° 13' 30" E, 451.15';

            3.   S 80° 03' 55" E, 149.94';

            4.   S 10° 43' 46" W, 1014.07';

            5.   S 88° 25' 02" W, 164.99' to a point in the easterly line of Mifflin Road, 60' wide;

Thence, with the easterly line of Mifflin Road the following courses and distances;

            1.   N 23° 36' 33" W, 986.11' to a point of curvature;

            2.   By the arc of a circle curving to the left, having a radius of 5759.65', a distance of 204.39';

            3.   N 25° 27' W, 384.50' to the point and place of beginning;

This parcel containing 14.282 acres of land, more or less.

Also included in this annexation, the right-of-way of Kent County Road 196, known as Mifflin Road, 60' wide, as it extends from the southerly right-of-way line of Delaware Route 8 - - Hartly Road, southerly to the present City of Dover boundary being the extended northerly line of lands formerly of Walker Mifflin; this parcel containing 2.17 acres of land, more or less.

This annexation contains a combined area of 16.452 acres of land, more or less, (0.0257 square miles).

2. That an election be held on the 27th day of October, 1983, commencing at the hours of 11:00 a.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.

3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.

4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.

ADOPTED: SEPTEMBER 26, 1983

Annexation of City Owned Land - South Governors Avenue - Adjacent to Telephone Company Facility

The City Manager requested that a parcel of land owned by the City on South Governors Avenue, adjacent to the Telephone Company, and the site of the Puncheon Run sewage pumping station, be annexed into the City, feeling that the City should have complete pumping station, be annexed into the City, feeling that the City should have complete control of the land. It was noted that the land would be deeded to the County, pending the construction and acceptance of the pumping station.

Mr. Richter moved for annexation of the City owned land, seconded by Mr. Witt and by a unanimous roll call vote, (Mr. Weyandt and Mr. Shevock absent) Council adopted the following resolution:

A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.

WHEREAS, the Charter of the City of Dover authorizes 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 south of the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and

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.

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 parcel of land in East Dover Hundred, Kent County, Delaware, contiguous to the boundary of the City of Dover, lying on the westerly side of South Governors Avenue, 60' wide, and south of and abutting Puncheon Run stream, its centerline being the present City of Dover boundary, and being bounded as follows:

Beginning at a point at the intersection of the centerline of Puncheon Run stream with the westerly line of South Governors Avenue, 60' wide, this point being also at the transition point of right-of-way widths for South Governors Avenue, said width at 60' to the south, and 100' to the north; thence, with the westerly line of South Governors Avenue, 60' wide, and by the arc of a circle curving to the right, having a radius of 1116.30', chord bearing S 31° 49 W, a distance of 106.04' to a point, thence, by a line separating this parcel from lands of Diamond State Telephone Company, N 51° 11' W, 134' more or less, to a point in the centerline of Puncheon Run stream; thence, with the centerline of said Puncheon Run, generally northerly and easterly, 202.5' more or less, to the point and place of beginning.

Containing 0.365 acres of land and watercourse, more or less.

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 and 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 27th day of September 1983 at 12:01 A.M. o’clock.

ADOPTED: SEPTEMBER 26, 1983

Water Quality - West Dover

In investigating a complaint concerning odor in the City of Dover in west Dover, the committee learned that this problem exists throughout the City.

Mr. Bartolotta stated that treatment of City water is in the Capital Improvement Plan for 1988 at a cost of approximately $100,000.

It was suggested that this item be moved up in the Capital Improvement Plan and that Mr. Bartolotta compile cost figures on treatment of the complete City of Dover water system for a report to the committee at a later date.

Water Interconnect - City of Dover - Camden/Wyoming

Per request by Camden/Wyoming Water Authority for a water interconnect with the City of Dover, the committee authorized the City Manager to initiate discussions with that body based on a criteria of 13 items containing questions and possible problems that might arise from an interconnect.

Mr. Richter stated that this is a subject being pushed by the State of Delaware, Department of Natural Resources, and will involve a period well into the future before a report can be compiled for Utility Committee and Council consideration.

Mr. Richter moved for approval of the Utility Committee Report as submitted, seconded by Mr. Hardcastle and unanimously carried.

COMMITTEE TO REVIEW SPECIFICATIONS AND STANDARDS FOR DEVELOPMENTS

Mr. Richter stated that there has been considerable misunderstanding and confusion concerning the recently compiled Specifications and Standards for contractors to follow in new developments.

Mayor Carroll had appointed Mr. Witt’s committee (Building, Plumbing, Mechanical and Fire Prevention Code Appeals Committee) to meet with contractors and builders to review the contents of the Specifications and Standards.

Mr. Richter advised Council that through discussions with Mr. Witt and others, it was decided that his committee, Utility Committee, and more specifically he as chairman, take over the procedure of discussing any problems that contractors and builders might have with the Specifications and Standards. He plans to hold discussions with staff and builders in an effort to resolve any differences that might exist.

Mr. Witt moved that his committee (Building, Plumbing, Mechanical and Fire Prevention Appeals Committee) be relieved of the aforementioned duties, seconded by Mr. Hardcastle and unanimously carried.

Mayor Carroll assigned the duties of reviewing the Specifications and Standards for development to Mr. Richter and his committee and any other member or members that he may choose.

STOP SIGNS - ROSS STREET

Mr. Richter moved to remove the subject of stop signs on Ross Street from the table, seconded by Mr. Hardcastle and unanimously carried.

During the meeting of September 12, 1983, Council tabled a motion that would install four way stop signs from Governors Avenue west to Pear Street.

Mr. Hardcastle reported surveying Ross Street from Governors Avenue to Pear Street and found that it would be necessary to install two additional stop signs at the intersection of Governors Boulevard, two additional stop signs at Lakewood Place, two additional stop signs at Fairview Avenue, and two additional stop signs at Carol Street. West Street presently has a four way stop and Pear Street has a crossing guard.

Mr. Christiansen stated that there is not crossing guard at Pear Street.

By unanimous roll call vote, (Mr. Weyandt and Mr. Shevock absent) Council approved the installation of additional stop signs on Ross Street that would make each intersection from Governors Boulevard, including West Street, a four way stop.

SET PUBLIC HEARING - FIREARM RANGES - CONDITIONAL USE - NEW SUBSECTION ARTICLE 3, SECTION 10.5

Mr. Richter moved that a public hearing be held on October 24, 1983 at 7:30 p.m. to consider a new subsection, Article 3, Subsection 10.15, entitled “Firearm Ranges” as a conditional use. The conditional use would be subject to Planning Commission approval. The motion was seconded by Mr. Christiansen and unanimously carried.

TRAFFIC AND LITTERING - ALLEY BEHIND EDGEHILL SHOPPING CENTER

A letter was received from Mrs. Minner, who lives in the vicinity of the alley running north and south behind Edgehill Shopping Center, complaining of excess traffic and litter.

Mr. Witt moved for referral to the Safety Advisory Committee, seconded by Mr. Christiansen and unanimously carried.

UPDATE ON REMOVAL OF TWO TREES - LOOCKERMAN STREET

Mr. Bartolotta referred to two trees located on Loockerman Street, one in front of the Plaza News Stand, and the other near Pierce’s Pharmacy; said trees were ordered to be removed by action of Council.

Since that time, Mr. Bartolotta has discussed the trees with Mr. Myers, Superintendent of Buildings and Grounds, and was informed of a possibility that the trees could be saved if removed when they are dormant. This would probably be sometime in November. He advised Council that the trees are Bradford Pears and cost approximately $300 each.

Mr. Hardcastle moved to accept the recommendation as explained by the City Manager, seconded by Mr. Christiansen and unanimously carried.

CORRESPONDENCE

Steven Lediger - 411 Cowgill Street - Objection to House Number Change

A letter was received from Steven J. Lediger of 411 Cowgill Street appealing notification by City Assessor McDowell that his house number will be changed due to the adjacent construction of townhouses.

Mr. McDowell explained that the City Code provides that a number be assigned every 20' with a maximum of three numbers being assigned to a 50' lot. In assigning numbers to the newly constructed townhouses, Mr. McDowell stated that he ran out of numbers when reaching Mr. Lediger’s property. It is therefore necessary to change the number at 411 Cowgill Street to coincide with the numbering system of the entire street.

Mr. Witt alluded to the fact that the numbering system of South State Street is also not coordinated properly.

Mr. McDowell stated that this situation will also have to be corrected sometime in the future.

Mr. Christiansen asked if there is not some way that Mr. Lediger could maintain his house number by adjusting other numbers on the street.

Mr. McDowell stated that this would make part of the street in the 300 block and the remaining in the 400 block which would not be in accordance with Code requirements.

Mr. Witt moved to refer the matter to the Legislative and Finance Committee and that Mr. McDowell prepare a report of any other difficulties with the house numbering system in the City. The motion was seconded by Mr. Hardcastle and unanimously carried.

Stephanie Loftus Hall, Marketing Director - Dover Mall - Date of Halloween Observance

A letter from Stephanie Loftus Hall, Marketing Director for the Dover Mall, inquired as to the official City date for Halloween observance, noting that the Mall is planning activities for a parade within the facility and costumed children.

Mayor Carroll stated that no action is necessary and Mrs. Hall will be notified of the City’s official date for Halloween observance.

Delaware Heritage Commission Meeting - October 18, 1983

A letter from Governors du Pont advised of a meeting of the Delaware Heritage Commission on October 18, 1983 for the purpose of presenting suggestions as to the form of festivities that will take place during the celebration of the Ratification of the United States Constitution.

State of Delaware - Department of Agriculture - Notification of a Gypsy Moth Workshop

A letter from Lynn Harrison, Department of Agriculture - State of Delaware, advised of a workshop on October 6, 1983 at the Blackbird State Forest to explain the annual gypsy moth egg mass survey of Delaware woodlands.

Mayor Carroll recommended that the City Manager designate a staff member to attend the workshop.

Mr. Witt moved for the recommendation, seconded by Mr. Boaman and unanimously carried.

Mrs. Edward Clevenger - Adjacent Property Development

A letter from Mrs. Edward Clevenger of 655 Roberta Avenue referred to development of adjacent land to her residence that incorporates warehouses and an athletic club. She requested an investigation, expressing concern for devaluation of her property and possible problems with sewage and drainage.

Mr. Witt moved for referral to the Utility Committee, seconded by Mr. Christiansen and unanimously carried.

John Kane - Director of U.S. Community Planning and Development - Philadelphia, PA - Region III - Extension of Housing Assistance Area

A letter from Mr. John J. Kane, Director of U.S. Community Planning and Development, Philadelphia Region III office, advised that the amendment recently approved by Council extending the location for assisted housing has been approved as submitted by the City of Dover.

Mr. Witt moved for acknowledgment of the letter, seconded by Mr. Christiansen and unanimously carried.

Meeting Adjourned at 8:55 P.M.

                                                                        WILLIAM H. WILLIS

                                                                        CITY CLERK

All orders, ordinances and resolutions adopted by City Council during their meeting of September 26, 1983, are hereby approved.

CRAWFORD J. CARROLL

                                                                        MAYOR

October 3, 1983

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