REGULAR MEETING
October 26, 1981
The Regular Meeting of Council was held on October 26, 1981 at 7:30 p.m. with Mayor McDonough presiding. Councilmen present were Messrs. Bewick, Tudor, Boaman, Carey, Witt, Carson and Richter. Councilman Hardcastle was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Acting City Manager Hodge requested an executive session to discuss financial matters immediately following the City Manager’s Report.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF October 26, 1981
By motion of Mr. Witt, seconded by Mr. Carey, the Minutes of the Regular Council Meeting of were unanimously approved and bore the written approval of Mayor McDonough.
MONTHLY REPORTS
Chief of Police Report for the Month of September
The Chief of Police Report for the month of September was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Mr. Bewick requested an overall status report of crime, speaking specifically to newspaper articles that indicate crime and vandalism in developments.
Chief Klenoski stated that he could present a narrative report in executive session.
Building Inspector and Fire Marshal Report for the Month of September
The Building Inspector and Fire Marshal Report for the month of September was unanimously approved by motion of Mr. Boaman, seconded by Mr. Bewick.
Mr. Roe called Council’s attention to the recently compiled business license booklet and a letter from Mr. Michael Foster, one of the principals of Kent Apartments, updating matters pertinent to renovations or legal developments on the structure.
City Alderman Report for the Month of September
The City Alderman Report for the month of September was unanimously approved by motion of Mr. Boaman, seconded by Mr. Bewick.
General Operating Fund, Cash Receipts Report for the Month of September
The General Operating Fund, Cash Receipts Report for the month of September was unanimously approved by motion of Mr. Boaman, seconded by Mr. Carey.
General Operating Fund, Budget Report for the Month of August
Mr. Hodge pointed out that the City’s bonded indebtedness has been broken out of the report as a separate item.
By motion of Mr. Witt, seconded by Mr. Bewick, the General Operating Fund, Budget Report for the month of August was unanimously approved.
Water/Sewer Fund, Cash Receipts Report for the Month of September
The Water/Sewer Fund, Cash Receipts Report for the month of September was unanimously approved by motion of Mr. Boaman, seconded by Mr. Bewick.
Water/Sewer Fund, Budget Report for the Month of August
The Water/Sewer Fund, Budget Report for the month of August was unanimously approved by motion of Mr. Bewick, seconded by Mr. Carey.
Inter-governmental Service Fund, Revenue and Budget Report August
The Inter-governmental Service Fund, Revenue and Budget Report for the month of August was unanimously approved by motion of Mr. Boaman, seconded by Mr. Bewick.
Electric Revenue Fund, Cash Receipts Report for the Month of September
The Electric Revenue Fund, Cash Receipts Report for the month of September was unanimously approved by motion of Mr. Boaman, seconded by Mr. Carey.
Electric Revenue Fund, Budget Report for the Month of August
The Electric Revenue Fund, Budget Report for the month of August was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Electric Improvement and Extension Budget, Cash Receipts & Disbursements - August
The Electric Improvements and Extension Fund, Cash Receipts and Disbursements Report for the month of August was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
City Manager’s Report for the Month of September
The City Manager’s Report for the month of September was unanimously approved by motion of Mr. Bewick, seconded by Mr. Carey.
Mr. Hodge referred to a question by Mr. Witt asking if a homeowner would be eligible to perform repairs on his own home under the HUD Grant.
In an opinion received by Mr. Hodge, it was stated that the homeowner would be required to have a business license with the City to qualify as an eligible contractor under the rules and regulations of the housing rehabilitation program. However, before this would be allowed, the HUD office in Philadelphia would have to be contacted for an opinion in writing.
An additional inquiry questioned if the Housing Administrator is responsible to require the non-owner/occupied buildings to be brought up to City standards.
Mr. Hodge was informed that the Housing Administrator does not have the authority to enforce the Building Code. Therefore, this would become the responsibility of the City of Dover Inspections Department and Council would be expected to back any reasonable decisions of that department.
Mr. Hodge also pointed out that $2,500 of the $50,000 allowable administrative funds will be allocated to the Inspections Department to perform those duties.
J.P. COURT #7 REPORT FOR THE MONTH OF SEPTEMBER
A check was received from J.P. Court #7 for the month of September in the amount of $8,166.72.
By motion of Mr. Bewick, seconded by Mr. Carey, the J.P. Court #7 Report for the month of September was unanimously approved.
PUBLIC HEARING - REZONING - LOTS #32, #33 & #34 - CAROL STREET AND COLUMBIA AVENUE - DENIS J. AND JANET R. O’BRIEN
A public hearing was duly advertised for this time and place to consider rezoning lots #32, #33 & #34 at the corner of Carol Street and Columbia Avenue, owned by Denis J. and Janet R. O’Brien.
Mayor McDonough declared the hearing open.
Mr. Walter Ellis of 67 Lynnhaven Drive, equitable owner, stated that the O’Brien property was purchased from Frank Robino, undeveloped, in August of 1971. When the lots were acquired, they were zoned C-1 and potentially a good investment. In April of 1972, they were rezoned by application of Council, and not the O’Brien’s, to R-8 (single family). He stated that the O’Brien’s own six properties in the Fairview neighborhood; therefore, have substantial investment and interest in the area.
Mr. Ellis presented a sketch of proposed townhouses that would be allowable under the RG-3 zoning, with parking provided in the rear.
Mr. Ellis stated that Council, on April 1, 1975, approved a zoning category of RM-1 and RM-2 which provided for a mixture of residential housing that included single housing construction and townhouses. At the same time, Council closed the RG-3 zoning which allowed townhouses. The RM-1 category allowed six units to an acre and RM-2 allowed eight units to an acre. On April 23, 1979, Council reopened the RG-3 zoning category.
The O’Brien property, if rezoned to RG-3, could satisfy the bulk requirements and allow nine townhouse units to be built. If built as planned, three of the townhouses would front on Carol Street and six on Columbia Avenue. Parking in the rear of the units would be accessible through one curb cut on Carol Street.
Mr. Ellis pointed out that the R-8 zoning would only allow three single family residences where the RG-3 would allow for nine taxable units.
He did not feel that the RG-3 zoning category, allowing townhouses, would be detrimental to the neighborhood.
Mr. Bewick alluded to the fact that the Planning Commission recommended denial of the rezoning. Since RG-3 is a medium density use and the complete area which surrounds the lots in question is low density single family housing, the Planning Commission also felt that rezoning to RG-3 would be spot zoning.
Mr. Michael Johnson of 616 Carol Street was present stating that a complex of townhouses within his neighborhood would create more noise with additional traffic problems and less space for children to play. He felt that the off-street parking would not be a cure-all since most families have at least two cars. In addition, guests visiting the complex would further complicate parking problems for existing residences.
Mrs. Janet Donnell of 546 Fairview Avenue opposed the rezoning, feeling that townhouses would be in opposition to the character of the neighborhood. She stated that there is no off-street parking on Columbia Avenue, further complicating the parking situation for existing homeowners. She appealed to Council to keep the neighborhood as it was meant to be; single family residences.
Mr. Roe referred to a petition submitted by approximately 55 signers of the neighborhood and letters from William O. & Norma A. Phillips, and Thomas J. and Ruth Fite, opposing the rezoning.
Mayor McDonough declared the hearing closed.
Mr. Tudor moved to follow the recommendation of the Planning Commission to deny the rezoning application, seconded by Mr. Boaman. By a unanimous roll call vote (Mr. Hardcastle absent), the rezoning was denied.
RECESS INTO EXECUTIVE SESSION
Mr. Witt moved that Council recess into a brief executive session to discuss a financial matter, seconded by Mr. Carey and unanimously carried.
Council recessed at 8:13 p.m. and reconvened at 8:35 p.m.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee mete on October 15, 1981 with Chairman Witt presiding.
Bradford Street Parking Lot
The committee considered the request received from the various downtown merchants that the Bradford Street parking lot fee of $12.00 be lowered to coincide with the municipal parking lot fee of $5.00. The merchants were relating to permit parking that provides for a monthly parking fee.
It was the recommendation of the committee that the Bradford Street parking lot fee coincide with the municipal parking lot fee of $5.00, effective January 1, 1982.
Mr. Boaman moved to approve the recommendation of the committee, seconded by Mr. Carey and unanimously carried.
Property Tax Revaluation
Mr. Witt reported that a detailed proposal is being devised by Mr. McDowell outlining the methodology for a tax revaluation in the City. The proposal will be reviewed by the Legislative and Finance Committee.
Mr. Bewick inquired if the committee is considering local firms to conduct the tax revaluation.
Mr. Witt stated that the committee is really not at the point of choosing firms but is more interested presently with the methodology of the revaluation. However, it is the intent of the committee to investigate the possibility of utilizing local appraisers with the cooperation of the Tax Office.
Collection of Ambulance Fees
Mr. Witt advised Council of a report from Mr. Karia stating that his department has increased the percentage of collections for ambulance fees from 42% to 49% and anticipates that the collections will be up to 55% by January 1st.
It is the intent of the committee to delay any proposal with Kent General Hospital to allow the Finance Department an opportunity to develop their own collections system.
Closing of Parkland Bank Account
The committee considered a request by Mr. Karia to close a parkland bank account that was established when the City was accepting money in lieu of parkland. In 1978, the City accepted approximately $2,000, this being the only time that money was accepted for this purpose. Mr. Karia stated that the money would be kept in escrow and merged with operating cash.
The committee recommended to authorize the Finance Director to close the parkland bank account.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Boaman and unanimously carried.
It was noted that there is an existing ordinance which provides for accepting money in lieu of parkland; however, those funds must be used in the immediate area from which the funds were derived.
Mr. Hodge stated that he would investigate the matter to determine where the funds were accepted from in lieu of parkland.
List of Capital Items
Mr. Witt informed Council that the Acting City Manager will arrange a workshop to discuss Capital Budget items sometime in mid-November.
Filling of Job Openings - Public Safety Dispatcher (Police Department) - Laborer I (Public Works Department)
Chief Klenoski informed the committee that if approval of the request to fill the job opening for a Public Safety Dispatcher is not granted, he would be forced to take a police officer off of the road as a fill-in for the civilian job.
After a thorough discussion on the matter, it was the recommendation of the committee that the position of Public Safety Dispatcher within the Police Department be approved.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.
The committee also recommended that a Laborer I in the Public Works Department be hired to fill an opening due to a resignation.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.
Mr. Witt moved for approval of the Legislative and Finance Committee Report, seconded by Mr. Carey and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on October 19, 1981 with Chairman Bewick presiding.
Decreased Time - Holding of Electric Deposits
Mr. Hodge informed the committee that the policy for holding electric deposits for three years was established quite a few years ago and is based on experience for electric usage over a three month average. The City pays 7% interest on same. Due to Dover being a transient area, he felt that the City should continue to hold electric deposits for three years.
The committee felt that there is no basis for holding an electric deposit for a three year period and therefore recommended that all residential and commercial deposits be held for only two years, stipulating that the mechanism for which the deposit amount is figured remain the same.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Richter and unanimously carried.
Extension of Water Service to the Rudnick Tract
Stemming from a request for City water from Mr. Wayne Cooper of Farm Credit, City Engineer O’Neill compiled cost figures for the installation of a water line beginning at the intersection of Route #13 and #113-A south on South State Street to the intersection of Webbs Lane. The proposal also included a loop of the water system down Webbs Lane to Woodbrook Road.
The committee could not see the reasoning in a connector line from Woodbrook Road and South State Street for a loop system since Kent Acres could be utilize to loop the line with a connection on South State Street.
Extension of the water line from the intersection of Route #13 and #113-A to Webbs Lane would involve 2,200 linear feet at an approximate cost of $55,000. Only 1,900 feet of the line could be assessed to the property owner since the east side of South State Street is not in City limits.
After discussing the matter, it was the feeling of the committee that any development on the Rudnick Tract could be furnished water through a connection on the State Street extension.
It was the recommendation of the committee that an agreement be devised for signing by the owners of the Rudnick Tract specifically stating that the City of Dover will only furnish water from the proposed main to be installed on South State Street (Route #113-A) from the intersection of Route #13 and #113-A to Webbs Lane. Development on the Rudnick Tract, including that portion adjacent to Route #13 or lands owned by Konschak, that requires additional mains will be borne by the owner or developer. The assessment for the water main will be based on ½ cost of installation less hydrants and other installations necessary for standard City requirements. Existing water lines on the property will not be considered as a factor for any credit on the assessment.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Witt and unanimously carried.
Mr. Hodge was directed to contact Mr. Cooper, of Farm Credit, advising him of the City’s decision.
Electric Cable Location Fee
Mr. Bewick moved to remove the matter of establishing an electric cable location fee from the table, seconded by Mr. Witt and unanimously carried.
In discussing the establishment of a fee for locating electrical cable on private property, the committee recommended that the City of Dover cease locating cables beyond the meter, stipulating that in the future this procedure will be performed by private contractors.
Abandonment of Cecil Street Extended
The committee discussed a petition submitted by Mary Naylor and Barney Wadsworth requesting that the City of Dover abandon Cecil Street Extended between 118 North West Street and 20 North West Street. Staff expressed no objections to the abandonment, however, recommended maintaining utility easements.
The committee recommended approval of the abandonment, stipulating that utility easements be maintained.
By motion of Mr. Bewick, seconded by Mr. Richter, Council by a unanimous roll call vote (Mr. Hardcastle absent) adopted the following resolution:
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A CERTAIN STREET SITUATED BETWEEN 118 N. WEST STREET AND 200 N. WEST STREET.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER:
Section 1. The Council of The City of Dover favors the vacating and abandonment of the following streets laid out upon a plat of lands known as “Fulton’s Addition to Dover” in the office of the Recorder of Deeds of Kent County, Delaware, in Plat Book 1, page 24:
All that certain portion of Cecil Street, 60' wide, in the City of Dover, East Dover Hundred, Kent County, Delaware, as laid out on, and dedicated to public use by a plat of lands of Alexander Fulton known as “Fulton’s Addition to Dover”, dated about 1869, and of record in the Office of Kent County Recorder of Deeds in Plat Book 1, page 24, this portion lying between West Street and lands formerly of Delaware Railroad Company, new Consolidated Rail Corporation;
Bounded on the east by West Street, 60' wide; on the north in part by lands of Rosario J. Arnell, in part by lands of Teal Construction Company, and in part by lands formerly of Delaware Railroad Company now Consolidated Rail Corporation; on the west by right-of-way of said Consolidated Rail Corporation, and in part by lands of Mary F. Naylor; this portion of Cecil Street extends from West Street between parallel lines by a width of 60', its northerly line having a distance of about 227.54', and its southerly line having a distance of 207.37', and contains 0.299 acres of land, more or less.
Section 2. The Council of the City of Dover will sit on Monday, November 23, 1981 at 7:45 p.m. at City Hall to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158, Volume 36, Laws of Delaware).
Section 3. The Clerk of Council is hereby directed to post copies of this Resolution in five or more public places in the City of Dover and to publish the same in a newspaper published in the said City.
ADOPTED: OCTOBER 26, 1981
By motion of Mr. Boaman, seconded by Mr. Carey, the Utility Committee Report was approved as submitted.
PARKS, PLAYGROUNDS AND TREES COMMITTEE REPORT
The Parks, Playgrounds and Trees Committee met on October 21, 1981 with Chairman Hardcastle presiding.
Site of Old Pierce Building - Walkway Easement
The committee discussed objections presented by Mr. Berglund of Dover Hardware and Mr. Terri Tombesi of the Dover News Agency on the proposed walkway to be installed, beginning at Loockerman Street, at the site of the old Pierce Building, running south through the parking lot in the rear to North Street. Mr. Berglund claimed a deed easement in the parking lot and Mr. Tombesi claimed right of access to allow deliveries.
Mr. Woods felt that the City has three alternatives; (1) develop the walkway as shown on the plan through the entire area of the parking lot to North Street (2) recognize the right-of-way for parking and delivery purposes, developing the walkway to the east of the property line (3) break off the proposed development at the extreme end of Dover News Agency.
The committee recommended that the walkway be developed to the rear perimeter of Dover News Agency and at this point, block off the lot with posts to prevent vehicular traffic from intruding on the plot between the two buildings, feeling that this would not interrupt deliveries or parking spaces, but give pedestrian traffic access to North Street.
Mr. Carey moved for the recommendation of the committee, stipulating that the City Manager advise the City Solicitor to conduct a research of the deeds related to the parking lot in case the City, at some future date, wishes to develop a walkway on the premises. The motion was seconded by Mr. Witt and unanimously carried.
Mr. Witt moved for approval of the Parks, Playgrounds and Trees Committee Report as submitted, seconded by Mr. Bewick and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on October 21, 1981 with Chairman Hardcastle presiding.
Watch Children Sign - Close to Entrance to Foxhall
Mr. Carey advised Council that there is an existing sign at the entrance to Foxhall Plantation, on Carnoustie Road, that will be relocated to enable vehicular traffic to be more cognizant of its presence.
Discussion on an additional sign stemmed from a request by Mrs. Theresa Polischuk who feared for the safety of six small children in the area.
Handicapped Parking Sign - 426 South Governors Avenue - Rosie F. Ray
Mrs. Rosie F. Ray of 426 South Governors Avenue, requested a handicapped parking sign in front of her residence, explaining that she cares for a handicapped grandson.
The committee recommended that no action be taken on the matter and advised Mrs. Ray to speak to the driver of the bus about stopping in a more convenient place since the bus is equipped with warning lights and according to law, can park in the right-of-way of vehicular traffic.
Reichhold Chemicals - Kings Highway N.E. - Research & Development Laboratory - Unsafe Traffic Situation
The committee considered a petition from employees of Reichhold Chemicals, stating there have been numerous near accidents experienced by vehicles exiting the parking lot due to parking of vehicles on the east side of Kings Highway blocking their view.
Their recommendation stipulating that no parking signs be installed from the entrance to the Reichhold parking lot for 88' north towards Silver Lake Recreation Area.
It was noted that the parking restriction will be enforceable upon installation of the signs under the ordinances of the City.
Parent-Teacher Association - Request for Stop Sign - Pear and Ross Streets
The Parent-Teacher Association requested the installation of a “Stop” sign on Pear Street at the intersection of Ross Street. This would make the intersection a three way stop.
It was the recommendation of Chief Klenoski that the “Stop” sign not be installed on Pear Street, feeling that it would make very little difference in the area of safety.
The committee recommended approval of Chief Klenoski’s recommendation.
Mr. Richter moved that the request for a “Stop” sign on Pear Street be denied, seconded by Mr. Tudor and unanimously carried.
Mr. Witt moved for approval of the Safety Advisory Committee Report as submitted, seconded by Mr. Bewick and unanimously carried.
CORRESPONDENCE
Dover Brook Gardens - Request for Sewer
A petition form of letter was received from 15 residents of Dover Brook Gardens, requesting that funds for a sewer line to be extended to their development be provided for in the 1982 budget.
Mr. Witt moved for referral to the Utility Committee, seconded by Mr. Carey and unanimously carried.
Request to Drill Wells - 50 S. Prestwick Court - Water to Air Heat Pump
A letter was received from Dr. James McClements requesting approval to drill two wells at 50 S. Prestwick Court for the purpose of installing a water to air heat pump. Dr. McClements stated that the wells would be drilled 50' to 100'. One well will draw seven gallons per minute and the second well will provide for a return to the same aquifer.
Mr. Witt moved for referral to the Utility Committee, seconded by Mr. Carey and unanimously carried.
Mr. Witt moved for adjournment into executive session to discuss personnel matters and litigation, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 9:00 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of October 26, 1981, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
November 2, 1981
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