REGULAR MEETING
April 27, 1970
The regular meeting of City Council was held on Monday, April 27, 1970 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Coyle, Hastings, Hayes, Holpp, Legates and Walls. Councilman Hughes was absent.
MINUTES
The minutes of the regular meeting of City Council held on April 13, 1970 were accepted and bore the written approval of Mayor Carroll.
RODNEY VILLAGE ANNEXATION RESULTS
The election officials who conducted the referendum election held on April 13, 1970 on the question of annexation in the Rodney Village area certified to the Council the results of the election as follows:
FOR ANNEXATION 7280 Votes 142 Votes
AGAINST ANNEXATION 31890 Votes 159 Votes
The two methods of voting resulting from the tabulation of votes first on the basis of one vote per $100 of assessed valuation of real estate, and the second on a one-man, one-vote, basis.
On motion of Mr. Holpp, seconded by Mr. Coyle, Council accepted the results of the referendum as certified by the election officials, thereby defeating the request for annexation.
LEGISLATIVE & FINANCE, WAGES & HOURS COMMITTEE
A written report of the Legislative & Finance, Wages & Hours Committee meeting held on April 20, 1970 was presented by Chairman Hayes. On motion of Mr. Biggs, seconded by Mr. Walls, Council accepted the report as presented.
POLICE SALARY SCALE
On motion of Mr. Biggs, seconded by Mr. Walls, Council accepted the recommendation of the Wages & Hours Committee on the proposed salary scale of the Police Department effective July 1, 1970. Attached to these minutes is a copy of the salary scale.
TRAFFIC CHANGES - DOWNTOWN DOVER
Councilman Hastings, Chairman of the Safety Advisory Committee, presented the Council with the recommended traffic changes in Downtown Dover as prepared by the Staff of the City of Dover and the Safety Advisory Committee. (A detailed list is attached). After much discussion, a motion by Mr. Hastings, seconded by Mr. Coyle, directed the City Solicitor to prepare ordinances to implement items 1 thru 12, and for the City to determine the cost and time necessary in implementing items 13-17. These ordinances are to be prepared and returned to Council for their adoption. The motion was carried by a vote of 4 ‘yes’ and 3 ‘no’, Messrs Hayes, Legates and Walls.
ZONING ORDINANCE AMENDMENT
A recommendation has been received by Council that would require construction of a rezoned area within a certain period of time. A public hearing is required prior to amending the zoning ordinance of the City of Dover. On motion of Mr. Coyle, seconded by Mr. Walls, Council removed from the table the consideration of amending the Zoning Ordinance as described above. On motion of Mr. Coyle, seconded by Mr. Walls, Council adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER THE AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF DOVER BY REQUIRING CONSTRUCTION OF THE REZONED LAND WITHIN A CERTAIN PERIOD OF TIME.
WHEREAS, the City of Dover has enacted a Zoning Ordinance to govern planning and zoning in the City of Dover, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing will be held at City Hall on May 25, 1970 at 8:00 P.M. on a proposed amendment to the Zoning Ordinance of the City of Dover that would require construction on a rezoned piece of land within a time period of one year, at which time, if unused, Council may declare a reinstatement of the original zoning after holding the required public hearing. A copy of the proposed amendment is on file in the office of the City Clerk.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted April 27, 1970
SMITH REZONING - MHP
A request had been received by Council to rezone property located on Persimmon Tree Lane to MHP. This request has been tabled. On motion of Mr. Coyle, seconded by Mr. Hayes, this request was removed from the table. On motion of Mr. Hayes, seconded by Mr. Walls, Council adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP AND ZONING ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain land located on Persimmon Tree Lane is presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Ordinance and Map.
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 on May 25, 1970 at City Hall at 8:05 P.M. on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-20 to MHP that property located on the southside of Persimmon Tree Lane (County Road 337), owned by Messrs Nicholad Baldini, Frank Pullella and James G. Smith, Jr. and containing approximately 120 acres.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted April 27, 1970
KEPHART REZONING -MHP
A request had been received from Mr. Raymond Kephart to rezone property on the South Little Creek Road. This request had been tabled by Council at an earlier meeting. On motion of Mr. Coyle, seconded by Mr. Hayes, Council removed this request from the table. Prior to amending the zoning map and ordinance, a public hearing is required. On motion of Mr. Coyle, seconded by Mr. Walls, Council 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 AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain land located on the north side of South Little Creek Road is presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Ordinance and Map.
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 on May 25, 1970 at City Hall at 8:10 P.M. on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-20 to MHP that property located on the northside of South Little Creek Road, owned by Raymond Kephart, and containing approximately 43.644 acres.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted April 27, 1970
ROBBINS HOSE COMPANY LOAN
Mr. Stanley Petty, President of Robbins Hose Company, was present and addressed Council in regard to a request of Robbins Hose to borrow $40,000 from the City of Dover to help defray the cost of purchase of a piece of property located on the southwest corner of Reed and Bradford Streets, directly adjacent to the present firehouse. This property is being purchased for future building plans of the fire company. Their request is for a short-term loan of approximately three (3) years. They will be needing the money approximately July 1, 1970. On motion of Mr. Walls, seconded by Mr. Biggs, Council authorized the lending of $40,000 to Robbins Hose Company for a three (3) year period, interest free.
DR. DENNIS REZONING
A request had been received from Dr. Edward Dennis to rezone property located on the southeast corner of Kirkwood Street and Reed Street. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has recommended approval of this request as submitted. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Walls, 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 THE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF KIRKWOOD AND REED STREETS, OWNED BY DR. EDWARD DENNIS, FROM RG-1 TO C-1A USE.
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 from RG-1 to C-1A on that land described below.
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 Ordinance of the City of Dover shall be amended by changing the zoning designation from RG-1 to C-1A on that property located on the southeast corner of Kirkwood and Reed Streets, owned by Dr. Edward Dennis, and containing approximately 12,922 square feet.
Adopted April 27, 1970
RIDGELY & FULTON - CURBS & GUTTERS
A public hearing was duly advertised for this time and place to consider the installation of curbs and gutters on a portion of both Fulton and Ridgely Streets. Mayor Carroll declared the hearing opened. Mr. L. Lee Layton, Jr. was present, and as a property owner in this area, objected to the installation of the curbs and gutters. Mr. Jack Beiser, Del Homes, Inc., also objected to the curbs and gutters. Mr. Edgar Harman was present and stated that he had no objection to the installation of curbs and gutters, providing the City would look into the storm drainage problem in the area, which he was assured would be looked at by the City of Dover. Mr. Henson Brooks and Mrs. Marie Brooks, both property owners in the area, stated that they are very much in favor of this project. Mayor Carroll then declared the hearing closed. On motion of Mr. Holpp, seconded by Mr. Hastings, Council by a vote of 7 ‘yes’ and 1 ‘absent’ Mr. Hughes, adopted the following resolution.
A RESOLUTION PROVIDING FOR THE INSTALLATION OF CONCRETE CURB AND GUTTER ON BOTH SIDES OF RIDGELY STREET FROM DIVISION STREET TO FULTON STREET AND ON BOTH SIDES OF FULTON STREET FROM RIDGELY STREET TO THE RAILROAD.
WHEREAS, the Mayor and Council of The City of Dover have considered the installation of concrete curb and gutter on the streets mentioned above and assessing the cost thereof to property owners, and
WHEREAS, a public hearing has been held by the Mayor and Council to determine whether the said concrete curb and gutter should be installed, and
WHEREAS, pursuant to the hearing the Mayor and Council have determined that such installation is for the best interest of the residents of the above area.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That the City of Dover shall install concrete curb and gutter along both sides of Ridgely Street from Division Street to Fulton Street and on both sides of Fulton Street from Ridgely Street to the Railroad, assessing the cost thereof to the abutting property owners.
Adopted April 27, 1970
LAW DAY PROCLAMATION
The Federal Government has proclaimed Friday, May 1, 1970 as Law Day. In conjunction with this, the Mayor of Dover has made the following proclamation.
PROCLAMATION
On Friday, May 1, the nation will pay tribute to the law and its indispensable role in the lives of all our citizens. The day has been set aside as Law Day USA by joint resolution of Congress and by official proclamation of the President.
The benefits that have accrued to each of us as individuals and to all of us as Americans through our adherence to the rule of law are too numerous to record. Without law, no citizen could enjoy the rights, freedoms, opportunities and protection which we take for granted. And without law administered by independent courts no community or nation could endure as a stable entity.
The theme for Law Day USA this year is: “LAW- -BRIDGE TO JUSTICE”. It avers that the goal of law is to serve as a unifying influence in protecting the right of individuals and correcting injustices. A century ago U.S. Supreme Court Justice David Davis reminded us:
“The Constitution of the United States is a law for rulers and people, equally in war and peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances.”
The theme for the 1970 observance of Law Day USA on May 1 is an appropriate reminder that without the framework of law social problems would become unmanageable and justice unattainable.
NOW, THEREFORE, I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, do hereby designate Friday, May 1, 1970, as law day USA in this City, and call upon all citizens, organizations, schools, churches, the media of information, and businesses where possible to recognize this special day and to join in its observance.
Date at the City of Dover, this 27th day of April, 1970.
/s/ Crawford J. Carroll
Mayor of the City of Dover
OFFICIAL USE PARKING ORDINANCE
On motion of Mr. Hayes, seconded by Mr. Coyle, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Hughes, adopted the following ordinance.
AN ORDINANCE CREATING PARKING SPACES FOR OFFICIAL USE OF THE CITY ONLY
WHEREAS, the new construction at the Kent General Hospital has created problems of parking for Mayor Crawford J. Carroll in that he and his official guests and City Officials and employees can not find spaces to park in front of his residence; and
WHEREAS, it is in the public interest to have parking spaces available in front of the Mayor’s residence for official use since the Mayor not only conducts business of the City at home, but also must entertain official guests and have business visitors on City affairs at his home.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That four parking spaces shall be created for Official Business of the Mayor and Council in front of his residence on the east side of South Bradford Street back from the intersection with Hope Street.
2. That this Ordinance shall be enforced upon enforced upon erection of appropriate signs.
Adopted April 27, 1970
GO BONDS SALE
A ‘Notice of Sale’ has been prepared and it has been recommended that the necessary resolutions be prepared to provide for the sale of $1,500,000 General Obligations Bonds authorized in the January, 1970 referendums, the sale to be on June 2, 1970. On motion of Mr. Hayes, seconded by Mr. Hastings, Council directed that its bond counsel, Reed, Hoyt, Washburn & McCarthy be requested to prepare the necessary resolutions to provide for the sale of the GO Bonds.
DOVER HOUSING AUTHORITY
A letter was received from the Dover Housing Authority notifying the City of Dover of its estimate amount of payment in lieu of taxes the City will receive in the development of the present Dover Housing Project by the Dover Housing Authority. The estimated amount of payments in lieu of taxes will be $2,000 annually.
WATER & SEWER PENALTY
On motion of Mr. Coyle, seconded by Mr. Hayes, Council adopted the following ordinance amending the period for which a water & sewer bill is rendered and that at which the penalty commences, from 90 to 75 days, after billing.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
Section 1. Section 32-8(d) is hereby amended by striking out that section in its entirety and substituting in lieu thereof the following:
Section 32-8 (d) Penalty for arrears - A penalty of ten (10%) per cent shall be added to all water service fees which shall be in arrears for a period in excess of seventy-five (75) days after the date of rendering the water service bill.
Adopted April 27, 1970
ANNUAL AUDIT FIRM
The firm of Manter & Richardson, previous City Auditor’s, has since been dissolved and Mr. William Manter is now in business for himself. The firm of Manter & Richardson had been appointed in 1968 for a period of three (3) years. On motion of Mr. Hastings, seconded by Mr. Walls, Council directed that William R. Manter, CPA, be employed to fill the unexpired appointment as mentioned above.
HUEBNER FARM
The City Manager has requested permission of Council to burn down or demolish the abandoned farm house and out buildings on the Huebner farm. On motion of Mr. Hastings, seconded by Mr. Coyle, Council authorized the City Manager to have these buildings removed.
HIGHWAY DEPARTMENT AGREEMENT
The State Highway Department has forwarded an agreement to the City of Dover covering the utility work of the City Electric Department in conjunction with the improvements the State Highway Dept.- will make on U.S. Route 13 between State College and Coopers Corner. On motion of mr. Hayes, seconded by Mr. Walls, Council authorized the City of Dover to sign the above mentioned agreements.
RENOVATION - 30 LOOCKERMAN STREET
A letter was received from Mr. Linwood R. Miller, Manager of the new Bressler’s Ice Cream store that is opening at 30 Loockerman Street. The building is being renovated prior to being opened. Mr. Miller has requested permission to make improvements to the front of the building by installing cedar shingles on this building. This is a violation of the City of Dover Building Code, being this building is in the Fire Area Zone, and this material does not comply with the Building Code. Mr. Miller has taken his problem to Mr. Roe, Building Inspector, and was denied permission to use this material. On motion of Mr. Hastings, seconded by Mr. Walls, Council directed that any appeal by Mr. Miller should be directed to the Building Code Appeals Committee for their study.
McGINNIS MARKET - NEW BURTON ROAD
A letter was received through the Action Line, Delaware State News, from residents in the Wedgewood area concerning the construction of a fence on the rear property line of the recently opened McGinnis Market, on New Burton Road. Mr. Roe, Building Inspector, informed Council that the Planning Commission upon approving the plans for this property, authorized the erection of a ‘living fence’, which Mr. McGinnis is aware of, but hasn’t had the opportunity as yet due to the weather conditions. He stated that this will be done in the very near future.
The discussion of ‘living fence’, which has recently be recommended on several occasions by the Planning Commission, was brought before Council. The feeling of Council, which will be conveyed to the Planning Commission, is that consideration should be given to the possible erection of a fence in lieu of a ‘living fence’, primarily in the Commercial Areas. The Council has recently fielded several complaints about the erection of ‘living fences’ from the owners and residents around commercial establishments, mainly along U.S. Route 13. On motion of Mr. Legates, seconded by Mr. Coyle, Council directed that their feelings as outlined above, be conveyed to the Planning Commission.
DR. EUGENE McNINCH ORDINANCE
On motion of Mr. Legates, seconded by Mr. Walls, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Hughes, adopted the following ordinance.
AN ORDINANCE ESTABLISHING PARKING SPACES LIMITED TO THE USE OF DOCTORS ON SOUTH BRADFORD STREET
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That three (3) no parking spaces by established in front of 800 South Bradford Street which property is owned and occupied as an office by Eugene R. McNinch, M.D., for the use of Dr. McNinch, his partner and his employees and clients.
2. That this Ordinance shall remain in effect until the construction of the new additions at Kent General Hospital is completed.
3. That this Ordinance shall be enforced upon the erection of appropriate signs.
Adopted April 27, 1970
COUNCIL ADJOURNED AT 9:30 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of April 27, 1970 are hereby approved.
April 29, 1970 Crawford J. Carroll Mayor