REGULAR MEETING
March 22, 1982
The Regular Meeting of Council was held on March 22, 1982 at 7:30 p.m. with Mayor McDonough presiding. Members present were Messrs. Bewick, Tudor, Boaman, Hardcastle, Carey, Witt and Carroll. Mr. Richter was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Witt requested additional agenda items to include an executive session after adjournment to discuss possible litigation and a referral relative to an amendment to the Zoning Code.
Mr. Hodge requested an additional agenda item under executive session to discuss a legal matter.
REZONING REQUEST - 28 NORTH STATE STREET - WESLEY COLLEGE INC. (DEAN JOHNSON, LESSEE)
A request was received to rezone 28 N. State Street for the purpose of law offices, the lessee being Dean C. Johnson. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Witt, seconded by Mr. Bewick, Council by unanimous roll call vote, 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 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 at 28 North State Street are presently zoned for RG-1 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 26, 1982 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to RG-0 that property located at 28 North State Street, owned by Wesley College, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: MARCH 22, 1982
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 8, 1982
The Minutes of the Regular Council Meeting of March 8, 1982 were unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Carey and bore the written approval of Mayor McDonough.
MONTHLY REPORTS
By motion of Mr. Bewick, seconded by Mr. Carey, Council unanimously approved the following monthly reports:
Chief of Police Report for the month of February
Building Inspector & Fire Marshal Report for the month of February
City Alderman Report for the month of February
City Manager’s Report for the month of February
J.P. Court #7 Report for the month of February
General Operating Fund, Cash Receipts Report for the month of February
General Operating Fund, Budget Report for the month of January
Water/Sewer Fund, Cash Receipts Report for the month of February
Water/Sewer Fund, Budget Report for the month of January
Inter-governmental Service Fund, Revenue and Budget Report for the month of January
Electric Revenue Fund, Cash Receipts Report for the month of February
Electric Revenue Fund, Budget Report for the month of January
Electric Improvement & Extension Budget, Cash Receipts & Disbursements Report - January
BID AWARD - WHITEOAK ROAD WATER MAIN CONTRACT
Mr. Hodge reported the results of a bid opening on Project #80, Whiteoak Road Water Main, as follows:
Seven bids were received, one rejected for improper bid bond.
Teal Construction submitted the low bid of $150,980.70. The high bid submitted was $225, 919.25 and the City of Dover Engineering estimate was $192,143.
Mr. Hodge recommended acceptance of the low bid submitted by Teal Construction in the amount of $150,980.70.
Mr. Bewick moved for approval of the Acting City Manager’s recommendation, seconded by Mr. Hardcastle and by a unanimous roll call vote, Mr. Richter absent, the bid was awarded to Teal Construction Company.
PUBLIC HEARING - REZONING - NORTH SIDE OF SOUTH LITTLE CREEK ROAD - M.C. DEVELOPMENT COMPANY - c/o WALTER J. ELLIS
A public hearing was duly advertised for this time and place to consider rezoning property on the north side of the South Little Creek Road, owned by M.C. Development Company, c/o Walter J. Ellis.
Council honored a letter of withdrawal of the rezoning received from Walter J. Ellis, representing M.C. Development Company.
PROPOSED AMENDMENT OF ZONING CODE - LETTERS OF WITHDRAWAL
Mr. Witt pointed out that many times an application for rezoning has gone before the Planning Commission, advertised for public hearing and at the last minute, the owner withdraws the rezoning request. This usually happens when the Planning Commission recommends denial of the request and/or the applicant senses an unfavorable decision by Council during the public hearing.
If the rezoning was considered by Council in public hearing and denied, it would be necessary for the owner to wait a period of one year before reapplying.
Mr. Witt moved that the aforementioned be referred to the Legislative and Finance Committee to study the possibility of requiring a withdrawal for rezoning to wait a period of one year before reapplication, or the same as if it were denied.
The motion was seconded by Mr. Carey and carried with Mr. Boaman voting no and with Mr. Richter absent.
PUBLIC HEARING - REZONING OF 625 SOUTH STATE STREET - SARAH SCULL
A public hearing was duly advertised for this time and place to consider rezoning 625 South State Street, owned by Sarah Scull (equitable owner is Kent General Hospital).
Council honored a letter of withdrawal from Mrs. Sarah Scull and Kent General Hospital, as equitable owner.
SET PUBLIC HEARING - AMENDMENT TO ZONING ORDINANCE - PARKING SPACES IN SHOPPING CENTERS
A proposed ordinance for the purpose of setting a public hearing date was submitted to Council that would amend Article 3, section 17.5 of the Zoning Ordinance, providing for no less than 5.0 parking spaces for every 1,000 square feet of gross leaseable area, replacing the required 5.5 parking spaces presently required in the existing ordinance.
Mr. Bewick moved that a public hearing be set for April 12, 1982 at 7:45 p.m., seconded by Mr. Carey and unanimously carried.
CORRESPONDENCE
Capital School District - Proposed Crossing Guard Legislation
A letter was received from Superintendent of Schools of Capital School District, Dr. Edward Goate’, informing Council that a committee of chief school officers and representatives of the Department of Public Instruction has drafted legislation that will provide both the means for financing and the procedures for organizing the operation of the crossing guard program.
Dr. Goate’ stated that they are now in the process of sharing this draft with legislators for sponsorship and hope that it will provide all involved a solution to identified concerns.
Mr. Bewick moved that the proposed legislation be referred to the Legislative and Finance Committee with input from the Safety Advisory Committee. The motion was seconded by Mr. Hardcastle and unanimously carried.
Mr. Witt moved for adjournment into executive session to discuss litigation, seconded by Mr. Bewick and unanimously carried.
Meeting Adjourned at 7:45 P.M.
JOSEPH M. MCDONOUGH
MAYOR
All orders, ordinances and resolutions adopted by City Council during their meeting of March 22, 1982, are hereby approved.
WILLIAM H. WILLIS
CITY CLERK
March 29, 1982
db