REGULAR MEETING
The regular meeting of City Council was held on Monday, March 11, 1968 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Harris, Hayes, Holpp, Hughes and Smith. Councilmen Hastings and Jackson were absent.
The invocation was said by the Rev. Harry Jaeger of Wesley College.
MINUTES
The minutes of the regular meeting of February 26, 1968 were approved by Council and bore the written approval of Mayor Carroll.
CITY SOLICITOR ABSENCE
A letter was received by Mayor Carroll from Mr. Nicholas H. Rodriquez, City Solicitor, apologizing for his absence from his first meeting as City Solicitor. He has made plans for a vacation prior to being named City Solicitor and was unable to cancel them. Mr. Rodriquez stated that he will altered all Council meetings in the future.
REPORTS
The Chief of Police report for the month of February was accepted.
Report of the Building Inspector and Fire Marshall for the month of February was accepted.
Report of the Acting Alderman for the month of February was accepted. Fines in the amount of $255.50 were remitted to the City during the month of February.
Report of the J. P. Court #7 for the month of February was accepted. A check in the amount of $1,790.00 was remitted to the City of Dover.
Report of Cash Receipts, General Fund, for the month of February was accepted.
Budget Report, General Fund, for the month of January was accepted.
Report of Cash Receipts, Electric Revenue Fund, for the month of February was accepted.
Report of Cash Receipts, Electric Improvement Fund, for the month of February was accepted.
Report of City Manager for the month of February was accepted.
LEGISLATIVE & FINANCE, WAGES AND HOURS COMMITTEE
Chairman Hayes presented a written report of the committee’s meeting held on March 7, 1968. On motion of Mr. Harris, Council accepted the report as presented.
MULTIPLE OCCUPANCY PERMIT FEES
On motion of Mr. Smith, seconded by Mr. Biggs, Council by a vote of 6 ‘yes’ and 2 ‘absent’; Messrs Hastings and Jackson, accepted the recommendation of the Legislative & Finance, Wages & Hours Committee and adopted the following ordinance changing the fees of the Multiple Occupancy Permits.
AN ORDINANCE AMENDING AN ORDINANCE ADOPTED APRIL 29, 1957, ENTITLED AN ORDINANCE PROVIDING FOR THE REGULATION AND INSPECTION OF MULTIPLE OCCUPANCY DWELLINGS AND PUBLIC GATHERING PLACES IN THE CITY OF DOVER, THE ISSUANCE AND SUSPENSION OF PERMITS FOR SUCH BUILDINGS, APPEALS TO COUNCIL, AND PENALTIES FOR VIOLATIONS
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET, that from and after the passage of this ordinance the ordinance entitled An Ordinance Providing for the Regulation and Inspection of Multiple Occupancy Dwellings And Public Gathering Places In The City Of Dover, The Issuance And Suspension Of Permits For Such Buildings, Appeals To Council, and Penalties For Violations shall be amended as follows, to wit:
1. That Section 2, Subsection (a), shall be amended by striking out all said Section 2, Subsection (a) and inserting in lieu thereof a new Section 2, Subsection (a) to read as follows:
(a) The owner or operator of any multiple occupancy dwelling or public gathering place in the City of Dover shall obtain from the Building Inspector an annual permit upon application therefor and payment of the fee as follows:
1. Apartment Houses - with 4 or more units, $10.00 for the first 3 apartment units and $1.00 for each additional unit.
1a. Apartment Houses - $5.00 for three or less apartment units
2. Motels - $10.00 for the first 10 rooms and $.50 for each additional room.
3. Hotels - $10.00 for the first 10 rooms and $.50 for each additional room.
4. Tourist Homes - $5.00 for the first 10 rooms and $.50 for each additional room.
5. Rooming House - $5.00 for the first 10 rooms and $.50 for each additional room.
6. Lodging Houses - $5.00 for the first 10 rooms and $.50 for each additional room.
7. Dormitories - $5.00 for the first 10 rooms and $.50 for each additional room.
8. Hospitals - $1.00 for the first 10 rooms and $.25 for each additional room.
9. Nursing Homes - $1.00 for the first 10 rooms and $.25 for each additional room.
10. Rest Homes - $1.00 for the first 10 rooms and $.25 for each additional room.
11. Theaters - $5.00 for the first 200 seats and $.50 for each additional 50 seats.
(a) Commercial Auditoriums - $5.00 for the first 200 seats and $.50 for each additional 50 seats.
(b) Civic Auditoriums - $5.00
12. Schools - $5.00
13. Churches - $5.00
14. Club Houses - $10.00
Such a permit shall be valid from the first day of April to the thirty-first day of March of the following year unless suspended by the Building Inspector for due cause.
Adopted March 11, 1968
PARKS, PLAYGROUNDS & TREES COMMITTEE
Chairman Smith presented written reports of the meetings of the Parks, Playgrounds and Trees Committee held on March 4, 1968 and March 6, 1968. On motion of Mr. Harris, Council accepted the reports as presented.
TOWNE POINT BASEBALL FIELD
A request has been made to the Parks, Playgrounds & Trees Committee by the Dover Little League for use of Towne Point baseball field for a PeeWee League program to run through May 18th to July 20th, Monday thru Thursday. There will be no expense involved for the City as the Dover Little League will run and finance the program. On motion of Mr. Harris, seconded by Mr. Hayes, Council gave permission to the Dover Little League to use the Towne Point baseball field for their PeeWee League program.
SAFETY ADVISORY COMMITTEE
Chairman Smith presented a written report of the meeting of the Safety Advisory Committee held on March 4, 1968. On motion of Mr. Harris, Council accepted the report as presented.
CLOSING OF COURT STREET
The Safety Advisory Committee discussed the closing of Court Street on the north side of Legislative Hall for approximately 18 months, as requested by the State Highway Department, while construction of Legislative Hall and the Townsend Building are underway. The committee has recommended that the west bound traffic adjacent to Legislative Hall on Court Street (E Street) be diverted to D Street, making D Street two way traffic, instead of one-way as it now is. In doing this, a stop sign must be erected at the intersections of D Street and Legislative Avenue. The Committee also felt that a time schedule should be obtained from the State as to the length of time that might be necessary to close the street for construction of the addition to Legislative Hall. On motion of Mr. Harris, seconded by Mr. Biggs, Council authorized the drawing of an ordinance to erect a stop sign at D Street and Legislative Avenue, in the event E Street is closed. Council also directed that the State Highway Department be contacted to determine the length of time necessary to close E. Street, if the Council so desires.
PONY LEAGUE PARK
A request has been received from the Pony League concerning some land adjacent to the present Pony League Park on the corner of South New and Dover Streets. The league is intereseted in getting enough land adjacent to the present ball field to build a second field and use the present facilities for both fields. On motion of Mr. Hughes, seconded by Mr. Hayes, Council directed the City Manager to make contact with the Pony League and to determine their needs and report to Council his findings at its next meeting.
PARKING ORDINANCE
On motion of Mr. Holpp, seconded by Mr. Harris, Council by a vote of 6 ‘yes’ and 2 ‘absent’, Messrs Hastings and Jackson, adopted the following ordinance.
AN ORDINANCE TO AMEND AN ORDINANCE BY ADDING NO PARKING RESTRICTIONS TO PARTS OF NORTH STREET AND SOUTH GOVERNORS AVENUE
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the above ordinance is hereby amended by adding the following two paragraphs to be inserted immediately before the last paragraph of said Ordinance:
(a) It shall be unlawful to park any motor vehicle or other vehicle on either side of North Street between Governors Avenue and South State Street.
(b) It shall be unlawful to park any motor vehicle or other vehicle on the west side of South Governors Avenue in the space commencing at the south side of the entrance into the Acme Store and running for a distance of twenty (20) feet in a southerly direction with the west curb line of South Governors Avenue.
Adopted March 11, 1968
APPOINTMENT - DOVER HOUSING AUTHORITY
On motion of Mr. Hayes, seconded by Mr. Smith, Council confirmed the recommendation of Mayor Carroll of the reappointment of Mr. Howard Stevenson to the Dover Housing Authority. Mr. Stevenson’s appointment will expire August 15, 1973.
ANNEXATION REQUEST
A request was received from four residents in the area of the South side of College Road, west of McKee Road, whose land is adjacent to the City Limits, for consideration by the Council for annexation to the City of Dover. On motion of Mr. Hayes, seconded by Mr. Smith, Council referred this request to the Utility Committee.
PAUL LAND DEVELOPMENT REZONING
A request had been received from Paul Land Development Co. to rezone approximately 3 acres of land between Capitol Green and St. Jones River. A public hearing was duly advertised for this time and date. Mayor Carroll declared the hearing opened. Mr. Walter Ellis was present and stated that he is the agent for the Paul Land Development Co., and they would like this 3 acres rezoned to conform with the main tract of land they own adjacent to this that was rezoned sone two months ago. No one else was present to speak for or against the rezoning. The Planning Commission has recommended approval. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Smith, Council by a vote of 6 ‘yes’ and 2 ‘absent’, Messrs Hastings and Jackson, adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING ZONING DESIGNATION OF THE PROPERTY LOCATED BETWEEN CAPITOL GREEN AND THE ST. JONES RIVER FROM R-20 TO RG-2 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 R-20 to RG-2 use on the property described below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. From and after the passage and approval of this ordinance, the Zoning Map and Zoning Ordinance of the City of Dover shall be amended by changing the zoning designation from R-20 to RG-2 use on the property located between the St. Jones and Capitol Green, containing approximately 3 acres.
Adopted March 11, 1968
AGNES WILLEY REZONING
A request has been received from Mrs. Agnes Wiley to rezone approximately 0.36 acres of land on the east side of U.S. Route 13 between River Road and Laurel Drive. A public hearing was duly advertised for this time and date. Mayor Carroll declared the hearing opened. Mr. Walter Ellis was present and stated that the Lore & Ellis Real Estate Agency was interested in the rezoning for the purposes of maybe constructing a real estate office on this site in the future. No one else was present to speak for or against the rezoning. The Planning Commission has recommended approval. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Hayes, Council by a vote of 6 ‘yes’ and 2 ‘absent’ Messrs Hastings and Jackson, adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING ZONING DESIGNATION OF THE PROPERTY LOCATED ON THE EAST SIDE OF U.S. ROUTE 13, BETWEEN RIVER ROAD AND LAUREL DRIVE FROM R-20 to C-1A.
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 R-20 to C-1A use on the property described below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. From and after the passage and approval of this ordinance, the Zoning Map and Zoning Ordinance of the City of Dover shall be amended by changing the zoning designation from R-20 to C-1A use on the property located on the east side of U.S. Route 13 between River Road and Laurel Drive, containing approximately 0.36 acres.
Adopted March 11, 1968
VACATING PORTION OF HURLEY AVENUE
A public hearing was duly advertised for this time and date for the vacating and abandoning a portion of Hurley Avenue south of Water Street. Mayor Carroll declared the hearing opened. No one being present to speak for or against this request, Mayor Carroll declared the hearing closed. On motion of Mr. Harris, seconded by Mr. Hayes, Council by a vote of 6 ‘yes’ and 2 ‘absent’, Messrs Hastings and Jackson, granted the request to vacate and abandon this portion of Hurley Avenue as of this date.
TAX APPEALS COMMITTEE & DATES
On motion of Mr. Hayes, seconded by Mr. Biggs, Council set the dates for the tax appeals hearing as follows: April 1, 1968 from 1:00 P.M. to 4:00 P.M.; April 8,
1968 from 1:00 P.M. to 4:00 P.M. and also at the regularly scheduled Council Meeting commencing at 7:30 P.M., April 8, 1968.
On motion of Mr. Smith, seconded by Mr. Hughes, Council confirmed the recommendation of the Mayor in naming Councilmen Hayes, Holpp and Harris as the Tax Appeals Committee for the year of 1968.
DOVER PARENT TEACHERS ASSN.
Dover Parent Teachers Association has requested of Council permission to place an information booth on the sidewalk in front of the Delaware Trust Building regarding the referendum to be held April 2, 1968 to increase school taxes. On motion of Mr. Harris, seconded by Mr. Smith, Council granted this request.
FORTHCOMING REFERENDUM
A letter was received from Mrs. Howard C. Lewis, a resident in the area being considered for annexation in the referendum to be held on March 30, 1968. Mrs. Lewis suggested that the area residents be sent information as to when water and sewer facilities would be available, if this area were annexed to the City. On motion of Mr. Holpp, seconded by Mr. Hayes, Council directed the City Manager to write a letter to the residents of this area being considered for annexation, but refraining from giving any specific dates as to the installation of sewer and water lines.
LARAMORE, DOUGLASS AND POPHAM
Mr. Popham, of Laramore, Douglass and Popham will be in Dover on March 18, 1968 at 7:30 P.M. to discuss his results of the electric study that his firm has recently completed for the City of Dover. Mayor Carroll suggested that the Council meet at this time to discuss this report with Mr. Popham.
BUCKSON LETTER
A letter was received from Mr. David P. Buckson concerning certain matters that were pending upon his termination as City Solicitor. Included in this letter was a bill pertaining to services rendered on the 1963 Bond Issue. On motion of Mr. Hughes, seconded by Mr. Biggs, Council referred this letter and bill to the Legislative & Finance, Wages & Hours Committee for a recommendation on their part.
ASSESSMENT REPORT
Mr. William James, Tax Assessor, presented Council with a report on the 1968 assessment figures and stated that the tax assessment books were ready and will be hung by March 15, 1968. On motion of Mr. Hayes, Council accepted the report as presented.
J. COLBY HARRIS REZONING
A request has been received from Mr. Colby Harris to rezone approximately 1 acre of land he owns on New Burton Road from R-10 to C1 use. A public hearing is required prior to any change in the zoning ordinance and zoning map. On motion of Mr. Hayes, seconded by Mr. Smith, 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 A NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain land located on New Burton Road owned by J. Colby Harris, is presently zoned for R-10 to C1 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning ordinance and zoning 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 at City Hall at 8:00 P.M. on April 8, 1968 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-10 to C1 that land located on New Burton Road, owned by J. Colby Harris and containing approximately 1 acre.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted March 11, 1968
Council adjourned at 9:10 P.M.
Jay R. Dougherty
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of March 11, 1968 are hereby approved.
March 15, 1968 Crawford J. Carroll Mayor