REGULAR MEETING
January 10, 1977
The Regular Meeting of Council was held on January 10, 1977 at 7:30 P.M. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Perman, Witt and Bewick.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AMENDMENT - AGENDA ITEM #14 - ABANDONMENT OF WOODBROOK ALLEYS
Mr. Bewick moved to modify Agenda Item #14 relating to “Abandonment of Alleys in Woodbrook, Maintaining Utility Easements:, to allow one resident for and one resident against to speak on the subject. The motion was seconded by Mr. Perman and unanimous carried.
AGENDA ADDITION - ITEM #22 - EDA FUNDS - DOWNTOWN REVITALIZATION
Mr. Bewick moved to add an item #22 to the Agenda to discuss the Local Public Works Program, sponsored by the Economic Development Administration, with particular reference to the Loockerman Street revitalization project. The motion was seconded by Mr. Hardcastle and unanimously carried.
METHOD OF AMENDING AGENDA
Mr. Perman questioned the method of amending the Agenda with Council voting to add each additional item. Mayor Legates stated that his interpretation of Senate Bill #256 is a requirement for Council action to add or delete items of the Agenda. The City Solicitor concurred with this discussion but will research the matter further.
AGENDA ADDITION - ITEM #23 - RECREATION EVENTS - THE GREEN
Mr. Perman moved for an addition to the Agenda to discuss recreation and scheduled events as a summertime activity on The Green. The motion was seconded by Mr. Weyandt and unanimously carried.
RECORDING COUNCIL MEMBER VOTES
Mr. Witt asked if Senate Bill #256 did not require a roll call vote on each question to be recorded as such. All no votes will be recorded individually and if required, a roll call vote will be called.
MINUTES
The Minutes of the Regular Council Meeting of December 13, 1976 were unanimously approved by motion of Mr. Muir, seconded by Mr. Weyandt and bore the written approval of Mayor Legates.
RESOLUTION - AMENDMENT - ALLEYS - SACKARACKIN AVENUE - SECTION 3
The City Clerk read into the record the following Resolution.
WHEREAS, Council of the City of Dover on April 12, 1954 adopted a resolution vacating certain alleys in the area of Sackarackin Avenue as is more particularly stated in said resolution; and
WHEREAS, on Monday, May 10, 1954, a public hearing was held pursuant to the Charter of the City of Dover regarding the abandonment of said alleys; and
WHEREAS, on May 10, 1954, after having held such public hearing, the City Council of the City of Dover officially abandoned said alleys pursuant to the Charter; and
WHEREAS, it is necessary to amend said resolution by adding a new section to be designated Section Number 3.
NOW, THEREFORE, be it resolved by the Mayor and Council of the City of Dover in Council met that the aforesaid resolution of Council passed on May 10, 1954 is hereby amended by adding a new section to be designated Section Number 3 to read as follows:
Section 3. The alleys abandoned by the City shall revert to private ownership to those persons owning land adjoining said alleys in accordance with the statute and common law of the State of Delaware and this reversion of property is considered a benefit to said adjoining owners.
ADOPTED JANUARY 10, 1977
Mr. James explained that the purpose of adding Section 3 to the original resolution passed May 10, 1954, was to correct that portion which states that no benefit will be derived by adjoining property owners.
Mr. Weyandt moved for adoption of the resolution, seconded by Mr. McDonough and approved by a unanimous roll call vote.
RESOLUTION - CONRAIL EASEMENT - INTERNATIONAL PLAYTEX CORPORATION
The City Clerk read into the record the following resolution.
WHEREAS, the City of Dover desires to have an easement for placement of an electric line across the Conrail tracks and property to service the International Playtex Corporation in the City of Dover; and
WHEREAS, Conrail is agreeable to the granting of such easement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. Council authorized the execution of an easement with Conrail, its successors or assigns for an electric line to be passed across, under or over the property and tracks of Conrail to service the International Playtex Corporation property.
2. The Mayor of the City of Dover is hereby authorized by Council to execute all easements of other documents necessary for the execution of said easement.
ADOPTED JANUARY 10, 1977
Mr. Hardcastle moved for adoption of the resolution, seconded by Mr. Muir and unanimously approved by a roll call vote.
APPOINTMENTS - ELECTION OFFICIALS
Mayor Legates appointed Councilman James C. Hardcastle and Council James Muir to serve with the Alderman as Election Officials during the January 17, 1977 Municipal Election, which was approved by Council. Mr. R.D. Bewick will serve as an Alternate.
REPORTS
Chief of Police Report - November
The Chief of Police Report for the Month of November was approved unanimously by motion of Mr. Witt, seconded by Mr. Bewick.
Building Inspector & Fire Marshal’s Report - November
The Building Inspector and Fire Marshal Report for the Month of November was unanimously approved by motion of Mr. Muir, seconded by Mr. Weyandt.
City Planner Report - November
The City Planner’s Report for the Month of November was unanimously approved by motion of Mr. Muir, seconded by Mr. Bewick.
City Alderman Report - November
The City Alderman’s Report for the Month of November was unanimously approved by motion of Mr. Witt, seconded by Mr. Hardcastle. Total fines remitted $845.00.
Cash Receipts - General Fund - November
Mr. McDonough requested that the number of weeks be marked on the General Fund and Revenue Fund for comparisons to indicate four or five week months. As required by law, Mr. James reported that the Library financial statement will begin the month of January as a separate report, with itemized disbursements.
Mr. Bewick moved for approval of the report, seconded by Mr. Muir and unanimously carried.
Budget Report - General Fund - October
Mr. Witt moved for acceptance of the Budget Report, General Fund, for the Month of October seconded by Mr. Muir. Mr. Perman questioned the Mayor and Council Budget, stating that it appeared the budget would be overspent by three or four thousand dollars, even though the amount is approximately double in comparison to last year.
Mr. James said that the October-November balance would reflect expenses related to the National League of Cities Conference held in Denver. On a call for the question by Mr. Hardcastle, the Budget Report-General Fund for October was unanimously approved.
Cash Receipts, Electric Fund - November
The Cash Receipts, Electric Fund Report, for the Month of November was approved unanimously by motion of Mr. Witt, seconded by Mr. Muir.
Budget Report, Electric Revenue Fund - October
The Budget Report, Electric Revenue Fund, for the Month of October was approved unanimously by motion of Mr. Weyandt, seconded by Mr. Bewick.
Cash Receipts, Electric Improvement Fund - November
The Cash Receipts, Electric Improvement Fund for the Month of November was approved unanimously by motion of Mr. Muir, seconded by Mr. Weyandt.
City Managers Report - November
Mr. McDonough pointed out an error in the City Manager’s Report under Dover Circuit, equivalent gallon #6 oil per net kilowatt hour for 1976, which should read .101 verses 1.01. By motion of Mr. McDonough, seconded by Mr. Weyandt, the City Manager’s Statistical Report for the Month of November was unanimously approved.
CITY MANAGER’S WRITTEN REPORT - NOVEMBER
Mr. James reported that the sewer and water interceptor line to Dover Country Club facilities is completed and in operation as of December 20, 1976.
A final decision has not been made for a new well at the Old Treatment Plant Site. A surface well has been driven at McKee Run to serve as make-up water for the boilers.
J.P. COURT #7 REPORT - NOVEMBER
A check in the amount of $5,905.40 was received from J.P. Court #7 for the Month of November. The City Clerk stated that deferred payment totals will be submitted in the near future, indicating an amount up to December 31, 1976. By motion of Mr. Weyandt, seconded by Mr. Witt, Council unanimously approved the report.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on January 3, 1977 with Chairman Hardcastle presiding.
Much concern has been expressed by residents living west of the railroad tracks relating to trains possibly blocking crossings in case of fire or other emergencies.
Mr. Hardcastle reported committee discussions on this matter, which results in the request for a report from Chief Kemp, of the Robbins Hose Company, for future deliberation by that body.
Traffic Signal Request - Saulsbury and Walker Roads
In discussing the danger of accidents occurring at the intersection of Saulsbury Road and Walker Road, especially during proposed construction in the area, the Committee recommended that State officials be contacted to initiate installation of a traffic signal as soon as possible.
Mr. Hardcastle moved for acceptance of the report, seconded by Mr. Muir. The motion was unanimously carried.
Mr. Edward Powell, Superintendent of Schools, was present to express his concern relating to the ever increasing traffic due to the expansion of the Hamlet and other developments which increase the number of school buses using the intersection. He suggested that the State install the necessary installations for a signal to be operated at least during peak traffic periods. He further stated a possibility of re-districting the school system which will result in additional buses.
Mrs. Alice Oldag of 16 Forest Creek Drive, presented a petition from the Hamlet area urging the installation of a traffic light at Saulsbury and Walker Roads. The petition contained three hundred and seventy nine names (379).
Pursuant to Mr. Hardcastle’s motion and Mr. Muir’s second, to accept the Safety Advisory Report and recommendation for the State to install a traffic signal at Saulsbury and Walker Road as soon as possible, Mayor Legates asked for the vote of Council.
Mr. Perman voted to amend the motion to include correspondence to Senator Zimmerman, Representative Bennett and Representative Miller. The motion was seconded by Mr. McDonough and unanimously carried.
Mayor Legates called for a vote on the recommendation to install the signal, which was unanimously carried.
PARKS, PLAYGROUNDS AND TREES COMMITTEE REPORT
The Parks, Playgrounds & Trees Committee met on January 3, 1977 with Chairman Hardcastle presiding.
Mr. Bewick moved to accept the Parks, Playgrounds & Trees Committee report, seconded by Mr. Witt.
Ice Skating on Silver Lake - City Liability
Mr. McDonough requested the City Solicitor to comment on the City’s liability if a certain area was designated as a specific thickness of ice, without mentioning a claim of safety.
Mr. Rodriguez stated he had formally reported that “if City maintained a hands-off policy, then this would alleviate any liability which is the primary reason for such action. Any regulation of the ice brings the City closer to a liable situation.” If the thickness of the ice was stated with a disclaimer, then the Solicitor did not think there would be a problem.
Mr. Perman asked the Solicitor if the City would not be liable, regardless of the present hands-off policy.
The Solicitor stated that this would be questionable. One extreme would be to rope off an area for ice skating, with supervision. In doing so, there would be no question that the City would be liable. The other extreme would be to do nothing with no statements of safety. To rope off an area and supervise the skating, might lessen the chances of someone sustaining injury, but it would certainly increase the City’s liability.
Mr. McDonough’s thought was to rope off a particular area for skating, without supervision and without a claim of safety. This would be in some stagnate area chosen by a City staff member where the chances of thin ice or deep water is lessened.
Mr. Weyandt reported five calls from residents of the City and through conversations determined that the General thought was the City could notify the public of a certain thickness of ice, with the responsibility then falling on the individual to assume the risk of skating.
The Solicitor agreed to the City testing a certain area, making that particular area known to the public, stating the time of the test results, including a disclaimer statement of no responsibility for injury.
Mr. Muir called for the question to accept the Minutes of the Parks, Playgrounds and Trees Committee Report. The report was unanimously accepted as submitted.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on January 3, 1977 with Chairman Muir presiding.
Updating Municipal Code Book
The Committee recommended that Kenneth Mifflin, a law graduate, be engaged on a part-time basis, to correct and codify the present printing of the Municipal Code in preparation to update all sections. The City Manager has received a proposed service charge of eight dollars ($8.00) per hour.
Mr. McDonough requested a correction in the Committee report where it states, “Mr. Witt moved to recommend that the City Manager and the City Clerk investigate an Aldermans Court, verses a Municipal Court, verses contributing to the Attorney General’s Office as suggested or continue on the present basis.”
The report indicates a unanimous vote for the recommendation. Mr. McDonough stated that his vote was against, or no.
Mr. Muir moved to authorize the City Manager to expend the necessary funds to hire Mr. Kenneth Mifflin for the purpose of correcting the present printing of the Municipal Code. The motion was seconded by Mr. McDonough.
Mr. Perman moved to amend the motion to limit the expenditure of funds to Twelve Hundred Dollars ($1,200). Mr. McDonough seconded the motion for purposes of discussion.
Mr. Muir objected to the amendment thinking it was a conflict with the purpose of workshop sessions, where such things should be aired.
Mr. Perman stated that the $1,200 was meant to be a guideline for the City Manager and when spent, a report to Council would be proper.
The amendment failed by a roll call vote of four (4) no and three (3) yes. Those voting yes, Mr. McDonough, Mr. Weyandt and Mr. Perman.
The motion to authorize the City Manager to expend funds to update the Code was unanimously carried.
Mr. Weyandt moved to accept the Legislative and Finance Committee report as submitted. The motion was seconded by Mr. Muir and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on January 3, 1977 with Chairman Perman presiding.
Guidelines For Annexation
Mr. James submitted prepared guidelines for annexation of property into the City. The guidelines contain ten specific steps which include an up-to-date plot plan, with metes and bounds, requirements for determining properly defined annexed areas, utility cost studies and projected income. It was the Committee’s unanimous recommendation that the guidelines be adopted.
Mr. Muir moved for acceptance of the report and guidelines, seconded by Mr. Witt and unanimously carried.
PUBLIC HEARING - REZONING OF 102 WATER STREET
A public hearing was duly advertised for this time and place to consider rezoning of 102 Water Street, owned by Helen Owerns, equitable owner H & H Builders. Mayor Legates declared the hearing open. There was no one present to speak for or against the rezoning & no correspondence.
The Planning Commission unanimously recommended approval. Mr. Witt moved for approval of the rezoning, seconded by Mr. Muir. By a unanimous roll call vote, Council 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 AT 102 WATER STREET.
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 RG-1 to RG-0.
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 zoning designation from RG-1 to RG-0 on that property located at 102 Water Street, owned by Helen Owens.
ADOPTED JANUARY 10, 1977
PUBLIC HEARING - REZONING OF A PARCEL OF LAND - RUDNICK ESTATES
A public hearing was duly advertised for this time and place to consider rezoning a parcel of the Rudnick Estates located on Rt. 113A, owned by the Rudnick Estates located on Rt. 113A, owned by the Rudnick Estates, equitable owner is Dr. Edward J. Hynes. Mayor Legates declared the hearing open.
Mr. John Grady, Attorney for Dr. Hynes, was present to explain plans to build a professional building on the parcel (app. 2 acres) and expressed his opinion that such a use would be ideal as an attraction for similar type businesses.
Attorney for the owners of Rudnick Estates, Joshua Twilley, outlined the history of the property since annexation and an attempt to build a shopping center, which was denied by Council some years ago. It was his opinion that the owners should be given an opportunity to start development of this parcel of land consisting of thirty-five (35) acres, to help offset some of the taxes that have been paid to the City. He conveyed the willingness of the owners to cooperate with the Planning Commission to develop.
Mr. Roe stated that the proposed use of the parcel was in keeping with the Land Use Map and Comprehensive Plan of the City. The Planning Commission’s concern was strip developing along S. State Street & U.S. 13, which for lack or proper planning, might landlock the interior parcel. Also, the Commission was not aware, the night of the meeting, that the owners were willing to work with them to develop an overall plan for the parcel.
It was pointed out that regardless of a completed plan for the entire parcel, the Planning Commission and Council would have control of any future development of the land.
There was no correspondence. The Planning Commission recommended denial of the rezoning by a unanimous vote. Mayor Legates declared the hearing closed.
Mr. Perman moved to approve the rezoning, seconded by Mr. Witt. By a unanimous roll call vote, Council 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 ROUTE 113A.
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-0.
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 zoning designation from R-20 to RG-0 on that property located on Route 113A, owned by Rudnick Estates.
ADOPTED JANUARY 10, 1977
PUBLIC HEARING - REZONING OF 206, 208, 212, 218 & 220 WATER STREET
A public hearing was duly advertised for this time and place to consider the rezoning of 206, 208, 212, 218 and 220 Water Street, owned by Costal Corporation, James D. McGinnis - President.
Mayor Legates declared the hearing open. Mr. McGinnis was present and informed Council that a request for C-1A zoning was based on plans for office accommodations and possible retail sales.
There was no one present to speak against the rezoning and no correspondence. The Planning Commission unanimously recommended the rezoning. Mayor Legates declared the hearing closed.
Mr. Witt moved for approval of the rezoning, seconded by Mr. Weyandt. By a unanimous roll call vote, Council voted for approval 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 AT 206, 208, 212, 218 & 220 WATER STREET.
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 C-3 and C-1A.
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 zoning designation from C-3 to C-1A on that property located at 206, 208, 212, 218 & 220 Water Street, owned by Costal Corporation.
ADOPTED JANUARY 10, 1977
PUBLIC HEARING - REZONING OF 1238 SOUTH LITTLE CREEK ROAD
A public hearing was duly advertised for this time and place to consider rezoning of 1238 S. Little Creek Road, owned by Helen Sanders. Mayor Legates declared the hearing open.
Mrs. Helen Sanders was present and was reminded that although Council might approve the rezoning, a site plan would have to be submitted to the Planning Commission for approval to accommodate a specific type of business.
Mr. Robert Tudor was present to speak against the possibility of a game room at the location, if rezoned.
Mayor Legates declared the hearing closed.
Mr. Witt moved to deny Mrs. Sanders’ rezoning request from C-3 to C-1A, seconded by Mr. Bewick. By a roll call vote of six (6) yes, one (1) no, Mr. McDonough, the rezoning was denied.
SET ZONING CODE AMENDMENT HEARING - NOTIFICATION OF PROPERTY OWNERS
Council was requested to reset the date of public hearing to amend the Zoning Code, to provide notification of property owners within 150', for lack of legal advertisement of the original date of January 10, 1977.
Mr. Muir moved to hold a public hearing on February 28, 1977 at 8:00 P.M., seconded by Mr. Weyandt and unanimously carried.
SET DATE - PUBLIC HEARING - ABANDONMENT OF WOODBROOK ALLEYS
Council was requested to reset the date of public hearing to consider the abandonment of Woodbrook Alleys, maintaining utility easements for lack of legal advertisement of the original date of January 10, 1977.
Mr. McDonough moved to hold a public hearing on February 28, 1977 at 8:00 P.M., seconded by Mr. Weyandt.
Mr. Bewick stated that the intended purpose of discussing this question tonight, was to allow two persons to speak, one for and one against the alley abandonment to obtain the General following of area residents. Mr. Bewick yielded the floor for this purpose.
Mr. Logan Miller of 1131 Westview Terrace, was present to speak for the abandonment of Woodbrook Alleys, maintaining utility easements, pointing out the following reasons.
1. Alleys would prevent trees, view and beauty of individual lots.
2. Alleys are expensive to maintain and construct.
3. Land Use Planners now oppose alleys in singe family developments, pointing out an inducement for increased crime.
4. Developer was originally required to include alleys on the proposed plot.
5. Persons owning property in Woodbrook were told that alleys would not be constructed and purchased on that basis.
Mr. Miller suggested turning over the alleys to property owners with a utility easement or maintain the present condition as an alternate.
Mr. Bewick reported many letters indicating one hundred percent for abandonment and ninety-five percent of those who contacted him by phone.
Council, by a unanimous vote, set the above hearing for February 28, 1977.
PROPOSED PARKLAND - PINE GROVE FARMS
Mr. Hardcastle informed Council that his Committee has reviewed the plot indicating proposed parkland for Pine Grove Farm development. The Committee was concerned with the size and shape of the land set aside by the developer and in discussion, it was generally felt that the City should accept money in lieu of the land, since several small parks are now in existence at various locations.
Judge David Buckson addressed Council stating that he was willing as an owner, to do anything Council directed, including paying the City for the land in lieu of a park.
Mr. McDonough inquired about a redesign of the parkland that would square off the proposed plot rather than being rectangular as shown on the original proposal.
Mr. Buckson stated that three plans has been submitted to the Commission. One plot was the rectangular strip, one a plan to square off the proposed parkland permitting a small ballfield and one with no parkland. The proposed area equals approximately 2.3 acres of land.
Mr. Weyandt expressed great concern with future drainage problems in the area proposed for a park and moved that the city accept the money at a fair market price in lieu of the parkland. The motion was seconded by Mr. Bewick. Mr. McDonough was concerned that proper available information was not presented to Council.
Mr. Perman expressed concern that developers seem to offer the worst land for parks in a development. Since Council has the power to accept or reject proposed parks, it was his feeling that future decisions should demand more desirable sites.
Mr. Hardcastle, as an amendment to Mr. Weyandt’s motion, moved to authorize the City Manager to negotiate the Pine Grove Farm Parkland at a fair market price. Mr. Bewick seconded the amendment for discussion.
Further discussion revealed guidelines for negotiating parkland in the Subdivision Regulations which made the amendment unnecessary.
Mr. Hardcastle withdrew his motion as did Mr. Bewick the second.
By a roll call vote of five (5) yes, two (2) no, Mr. McDonough and Mr. Perman, Council voted to accept money in lieu of the land set aside for parkland, at the Pine Grove Farm Development.
Mr. Bewick suggested that the Parks, Playgrounds and Trees Committee develop a criteria for accepting future parkland.
SET PUBLIC HEARING - SPEED LIMIT - NORTH GOVERNORS AVENUE
Mayor Legates requested an established date for a public hearing, to consider reducing the speed limit on North Governors Avenue and North Governors Boulevard, from William Street to Walker Road from 35 MPH to 25 MPH.
Mr. Muir moved to hold a public hearing on February 28, 1977, at 8:00 P.M., seconded by Mr. Witt and unanimously carried.
SET PUBLIC HEARING - SPEED LIMIT ON COUNTY ROUTE 104
Mr. Witt moved to hold a public hearing on February 28, 1977, at 8:00 P.M. to consider reducing the speed limit to 40 MPH on County Route 104 from Route 8 to Route 100 or the present City limits. The motion was seconded by Mr. Weyandt and unanimously carried.
SET PUBLIC HEARING - SPEED LIMIT - SOUTH WEST STREET
Mr. Witt moved to hold a public hearing on February 28, 1977, at 8:00 P.M. to consider increasing the speed limit to 35 MPH on South West Street from New Burton Road to North Street. The motion was seconded by Mr. Weyandt and unanimously carried.
SET PUBLIC HEARING - PARKING ON BAYARD AVENUE
Mr. Weyandt moved to hold a public hearing on February 28, 1977, at 8:00 P.M. to consider a parking restriction on Bayard Avenue between Greenhill Road and E. Division Street, from 7:00 A.M. to 5:00 P.M., two (2) hours only. The motion was seconded by Mr. Witt and unanimously carried.
SET PUBLIC HEARING - RIGHT TURN ON RED - GOVERNORS AVENUE & WYOMING AVENUE
Mr. Witt moved to hold a public hearing on February 28, 1977, at 8:00 P.M. to consider permitting a right turn on red, at the intersection of South Governors Avenue and Wyoming Avenue, for southbound traffic. The motion was seconded by Mr. Weyandt and unanimously carried.
CORRESPONDENCE
REQUEST TO ABANDON ALLEY - WATER STREET
A letter was received from Mr. James D. McGinnis, requesting that the alley between lands owned by Costal Corporation and Mrs. Brickley, fronting on Water Street, be abandoned since it serves no apparent use.
Mr. Witt moved to refer the request to the Planning Commission and that a public hearing be held on February 28, 1977 at 8:00 P.M. The motion was seconded by Mr. Weyandt and unanimously carried with the stipulation that Mrs. Brickley be notified of the proposed abandonment.
REQUEST - PARKING RESTRICTION - 200 BLOCK OF NORTH BRADFORD STREET
A petition was received from residents of the 200 block of North Bradford Street, requesting “Residents Only” parking in that area.
Mr. McDonough moved to refer the matter to the Safety Advisory Committee, seconded by Mr. Weyandt and unanimously carried.
REQUEST TO DELAY SIDEWALK CONSTRUCTION - N. AMERICAN AVENUE
A letter was received from D. Wayne Holden, requesting that he be permitted to delay construction of sidewalks at his property on N. American Avenue. Mr. Holden mentioned that no sidewalks exist in this area, but when the City initiated a sidewalk program, he would be most happy to comply.
An application for a building permit requires that sidewalks be installed.
Mr. McDonough inquired into the reasons for no sidewalks existing in this area. Mr. James explained that a sidewalk program has been shelved temporarily. Priority ratings for sidewalks are based on pedestrian traffic and types of development. Assessments for sidewalk installations are based on a five year pay back by the resident.
Mr. Witt moved to approve Mr. Holden’s request, seconded by Mr. Bewick and unanimously carried.
REQUEST - PARKING METERS FOR YARN SHOP
A letter from Sara J. Sack, owner of the Yarn Shop, requested parking meters on the north side of Reed Street from Bradford Street west to the alley.
Mr. Witt moved for referral to the Safety Advisory Committee, seconded by Mr. Bewick and unanimously carried.
REQUEST - COVER TWO PARKING METERS - BOAMAN’S GIFT SHOP
A letter from Richard Boaman requested permission to cover two parking meters in front of the Boaman’s Gift Shop for one year with reimbursement to the City for any loss of income.
Mr. Witt moved for referral to the Safety Advisory Committee, seconded by Mr. McDonough and unanimously carried.
EDA FUNDING - DOWNTOWN DOVER REVITALIZATION
Mr. Bewick expressed disappointment in the rejection of funds applied for by the City, relative to the downtown revitalization program. Not knowing what formula was utilized to arrive at a decision of rejection, Mr. Bewick felt that arrangements should be made to meet with the Economic Development Administration to have them explain the basis of their judgement.
Mr. Bewick moved that the City of Dover request a meeting with E.D.A. in Delaware, to learn the specific allocation formula, for local Public Works Program Grants and the methodology of the criteria or numerical value inputs to the formula, and the scoring itself for the 71 Delaware grant applications. Also, invite our downtown merchants, State officials, Congressional delegation and other applicants, so that they may have their questions answered. Mr. Witt seconded the motion. The motion was unanimously carried. The City Manager was directed to devise the necessary correspondence for the meeting.
PLANNING ACTIVITIES ON THE GREEN - SUMMER OF 1977
Mr. Perman read an article written by Louise Heite, urging the citizens of Dover to contact Mayor and Council for the purpose of planning continued recreational activities on The Green, such as the programs presented during the bicentennial celebration.
Mr. Perman stated that steps should be taken immediately to insure planned activities on The Green.
Mr. James informed Council that The Green has already been booked for several weekends in coordination with the City Recreational Department.
Meeting Adjourned At 10:45 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of January 10, 1977, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
January 17, 1977
db