REGULAR MEETING
July 8, 1974
The Regular Meeting of City Council was held on Monday July 8, 1974, at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Biggs, Legates, Walls, Holpp, Hardcastle, Muir, Harris and Cullen.
The invocation was given by Reverend Thorpe in the absence of the Council Chaplain, Reverend J. J. Williams.
MINUTES
The minutes of the regular meeting of City Council held on June 24, 1974 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police Report for the month of June was accepted.
Building Inspector and Fire Marshal Report for the month of June was accepted.
City Planner Report for the month of June was accepted.
City Alderman Report for the month of June was accepted with fines in the amount of $694.00 remitted.
Cash Receipts, General Fund, for the month of June was accepted.
Budget Report, General Fund, for the month of May was accepted.
Cash Receipts, Electric Revenue Fund, for the month of June was accepted.
Cash Receipts, Electric Improvement Fund, for the month of June was accepted.
City Manager’s Report for the month of June was accepted.
MONTHLY REPORTS
The City Manager, in his report to Council, recommended that all monthly reports be presented the second meeting of the month effective August 1974. On motion of Mr. Legates, seconded by Mr. Muir, Council granted the recommendation. Motion carried.
MR. KONOWITZ - RECLAMATION REPORT
Mr. Konowitz of the Reclamation Center addressed Council to report the results of recyclables in the test area of Mayfair and Crossgates. During the month of June 19,164 pounds or 9.58 tons of recyclable were collected, 75% of this being newspaper. The area represents one-twelfth of the population of the City. Based on this experience, if the collection had been made city-wide, 115 tons would have been collected and based on today’s market, approximately $800.00 of income to the City would have been realized., provided the material was delivered to the center. Mr. Konowitz recommended three proposals for Council’s consideration.
1. Continue picking up Crossgates and Mayfair and adding the areas of Wedgewood, Sherwood I and II and Woodbrook.
2. Above to be collected by City trucks once per month with the renumeration going to the City.
3. The Reclamation Center be permitted to collect in all areas, with no renumeration to the City.
This would encompass an area from Webbs Lane to Dover Street and from Governors Avenue to New Burton Road. Mayor Carroll recommended that the City Manager be permitted the time to compile the results of this study and present the facts to the Utility Committee for their recommendations to Council. On motion of Mr. Walls, seconded by Mr. Legates, Council voted for the above recommendation. Motion carried.
On motion of Mr. Hardcastle, seconded by Mr. Biggs, Council accepted the City Manager’s written report.
J. P. COURT #7 JUNE REPORT
The monthly report for the month of June from J. P. Court #7 was presented. The City Clerk advised Council that a written report had not been received but an amount of $10,239.63 in fines collected was obtained by phone. The amount of deferred payment was not available. Court #7 was in the process of moving to a new location at the old railroad station. On motion of Mr. Walls, seconded by Mr. Biggs, Council accepted the report as presented.
PARKS, PLAYGROUNDS AND TREES COMMITTEE
A written report of the Parks, Playgrounds and Trees Committee meeting of July 1, 1974, was presented by Chairman Walls. On motion of Mr. Muir, seconded by Mr. Biggs, Council accepted the report as presented.
SAFETY ADVISORY COMMITTEE REPORT
A written report of the Safety Advisory Committee meeting of July 1, 1974, was presented by Chairman Walls. The Committee recommended that Chief Spence advise residents of a survey concerning reported speeding in the Woodcrest Development. Also that if warrants were signed by residents for any violation, the Police Department could make arrests. On motion of Mr. Hardcastle, seconded by Mr. Muir, Council voted for the recommendation of the Committee.
OPEN COUNCIL MEETING - ONE WAY STREETS
The Safety Advisory Committee recommended that Council hold an open meeting to discuss one way streets in the City. On motion of Mr. Hardcastle, seconded by Mr. Legates, Council voted to hold an open meeting on the above subject on August 12, 1974. Motion carried.
On motion of Mr. Hardcastle, seconded by Mr. Biggs, Council accepted the written report of the Safety Advisory Committee as presented. Motion carried.
SEWER LINE EXTENSION TO KENTON ROAD ON STATE COLLEGE ROAD
Mr. James reported the results of a study to extend sewer lines on State College Road west of McKee Road to the Kenton Road, the approximate cost being $30,000. On motion of Mr. Legates, seconded by Mr. Muir, Council by unanimous roll call vote accepted the recommendation.
PUBLIC HEARING - McGINNIS DELICATESSEN REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on the southeast corner of Bank Lane and South New Street owned by McGinnis Delicatessen, Inc. Mayor Carroll declared the hearing open. Since there was no one present to speak for or against the rezoning and no correspondence, Mayor Carroll declared the hearing closed. The Planning Commission approved the rezoning. On motion of Mr. Muir, seconded by Mr. Biggs, Council by unanimous roll call vote 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 THE SOUTHEAST CORNER OF BANK LANE AND SOUTH NEW STREET FROM RG-1 TO C-2A.
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 the property described below from RG-1 to C-2A.
NOW, THEREFORE, BE IT RESOLVED 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 C-2A that property located on the southeast corner of Bank Lane and South New Street, owned by McGinnis Delicatessen, Inc.
ADOPTED JULY 8, 1971
PUBLIC HEARING - REX REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located at 117 Reed Street, owned by Milton H. and Hilda D. Rex. Mayor Carroll declared the hearing open. Mrs. Jean Francis was present to speak for the rezoning. There was no one present to speak against the rezoning and no correspondence. The Planning Commission recommended approval. Mayor Carroll declared the hearing closed. On motion of Mr. Legates, seconded by Mr. Hardcastle, Council by unanimous roll call vote 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 117 REED STREET FROM RG-1 TO C-2.
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 the property described below from RG-1 to C-2.
NOW, THEREFORE, BE IT RESOLVED 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 C-2 on that property located on 117 Reed Street, owned by Milton H. and Hilda D. Rex.
ADOPTED JULY 8, 1971
PUBLIC HEARING - RICHARDSON TRACT REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on Silver Lake and Walker Road, known as Richardson Tract. Equitable owner being Amstel Corporation. Mayor Carroll declared the hearing open. Lydia Gawkler presented a petition to Council containing 164 names urging denial of the rezoning. Mr. William Phillips presented a petition with 300 names urging denial of the rezoning. Mr. Hugh Zimmers of Zimmers Association addressed Council introducing two associates, Mr. Tom Graham and Mr. James Mc Graff. Mr. Zimmer spoke in behalf of the Amstel Corporation, equitable owner of the Richardson Tract. Using a rendered drawing Mr. Zimmer explained the proposed development of the tract relating to type of housing, street design and drainage.
Mr. Hardcastle asked how many townhouses would be built in the area bordering Walker Road. He was told by the representatives that there would be a total of 135 between the stream and Walker Road, 145 north of the stream to the lake and 45 single family residences along the lake. Mr. Hardcastle asked how the school board felt about the overpopulation of the Fairview School. The representatives stated that in his discussions with the superintendent and the school board concerning projected school population, it was the superintendents opinion that he could accommodate the school children without any problem. Mr. Hardcastle stated that the possibility of 208 townhouses, a portion of these being possible rental units, was a major concern of the residents in the area as well as the overpopulation and traffic factor.
Mr. Zimmer acknowledged the traffic problem but stated that he had obtained figures from the state and projected those forward with the existing traffic and matched this against Walker Roads present and future capacity. He then added in the projected traffic from the project and found that Walker Road had more than enough capacity to accommodate the project. He also stated that it was his understanding that Walker Road would be made four land where it narrows going east.
Mr. Hardcastle asked Mr. Holpp if he had any knowledge of plans to widen Walker Road. Mr. Holpp, answered that he did not. Mr. Holpp further stated that some years ago a then member of Council, looking over the Richardson Tract, made the statement that this area was the only area left that would amount to a prime residential area. Mr. Holpp did not feel that it was a thought, in his mind that it should be construed as a place for rowhouses. He felt that this thought holds true today.
Mr. Legates questioned the recommendation of Mr. Zimmer that the swail portion of the tract be deeded to the City for their cleaning and if the City Manager’s Office has been consulted. A representative answered that this was being done at the request of the City and that it would help the City to solve the flooding problem in the area. Mr. Legates asked Mr. James if he was aware of this request. Mr. James replied, “No, Sir.”
Mr. Jacob Cohen of 702 Lakewood Place was present to question the representatives of Zimmer Assoc. and speak against the rezoning. Mr. Robert McPhearson of 507 Ross Street asked the number of outlets from the development. Mr. Zimmer answered two. Mr. Richard Bush of Walker Road and Lakewood Place expressed his concern on traffic on Walker Road. Mr. Richard Screfford was present to speak against the rezoning.
Mr. Zimmer stated that the question of the swail was discussed with Mr. Roe and not with the Office of the City Manager.
Mr. David Perman representing the Woodcrest Civic Association, was present to speak against the rezoning pointing out that the adjacent areas are zoned R-8. Mr. Grover Johnson was present to speak against the rezoning.
Mr. William Uffleman, an officer of the developer, stated that the question of the swail land had been discussed with Mr. Roe several times.
On motion of Mr. Biggs, seconded by Mr. Hardcastle, Council by unanimous roll call vote denied the rezoning.
ADOPTED JULY 8, 1971
LUNA I. & HATTIE B. MISHOE - REZONING REQUEST
A request was received from Luna I. and Hattie B. Mishoe to rezone eight (8) lots located at Jason Street, College Road and Water Street. Prior to amending the Zoning Ordinance and Zoning Map a public hearing is required. On motion of Mr. Legates, seconded by Mr. Biggs, 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 OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on Jason Street, College Road and Water Street, lots 179, 180, 181, 182, 183, 153, 154 and 155, is presented zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on August 12, 1974, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-20 to R-8 that property located on Jason Street, College Road and Water Street, lots 179, 180, 182, 183, 153, 154 and 155, owned by Luna I. and Hattie B. Mishoe.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JULY 8, 1971
LUNA I. & HATTIE B. MISHOE - REZONING REQUEST
A request was received from Luna I. and Hattie B. Mishoe to reozne six (6) lots on Jason Street and Grove Street. Prior to amending the Zoning Ordinance and Zoning Map a public hearing is required. On motion of Mr. Legates, seconded by Mr. Biggs, 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 OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on Jason Street and Grove Street, lots 189, 190, 191, 192, 193 and 194, is presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on August 12, 1974, at 8:00 P.M. on a proposed amendment to the zoning map that would rezoned from R-20 to RG-2 that property located on Jason Street and Grove Street, lots 189, 190, 191, 192, 193 and 194, owned by Luna I. and Hattie B. Mishoe.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JULY 8, 1971
PAUL J. AND DOROTHY J. ALLIF - REZONING REQUEST
A request was received from Paul J. and Dorothy J. Allif, equitable owner being John L. Stevens, to rezone land at 6 South State Street. Prior to amending the Zoning Ordinance and Zoning Map a public hearing is required. On motion of Mr. Walls, seconded by Mr. Holpp, 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 OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located at 6 South State Street is presently zoned for RG0 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on August 12, 1974, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from RG0 to I0 that property located at 6 South State Street, owned by Paul J. and Dorothy J. Allif, equitable owner being John J. Stevens and Assigns.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JULY 8, 1971
BICENTENNIAL COMMITTEE REPORT
Mr. G. Daniel Blagg was present and presented a written report to Council of the Bicentennial Committee. Mr. Blagg is president of the Friends of Old Dover and Chairman of the Bicentennial Committee. Mr. Blagg reported holding an organizational meeting on June 18, to adopt committee structures and discuss the various functions that the committee will do in Dover. The committee is developing their program around three areas as suggested by the National American Revolution War Bicentennial Administration, headed by a man appointed by the President of the United State. Mayor Carroll reported having detailed discussions with Mr. Blagg on the committee’s progress and congratulated him on having done an exceptional job. Mr. Hardcastle asked if the committee would work with the State Department of Public Instruction and the Capital School District. Mr. Blagg stated that his committee is applying through the Delaware Commission for status as a Bicentennial Community and through this commission his committee would be made aware of the various programs in the State. Mr. Walls asked if the committee had established a budget and if any federal funds would be available. Mr. Blagg stated that the committee did not have an established budget but he had with him a form which is Dover’s application to the National American Revolution War Bicentennial Administration to become a Bicentennial Community. Once the application is initiated by Council the committee would be eligible for funds from the ARWBA and other governmental agencies. On motion of Mr. Hardcastle, seconded by Mr. Muir, Council voted to apply to the American Revolution War Bicentennial Administration for status as a Bicentennial Administration for status as a Bicentennial Community. Motion carried. Mr. Blagg stated that a meeting schedule of the committee has been established as the third Wednesday of every month in the conference room of the Supreme Court at 7:30 P.M.
L. LEE LAYTON - LITTERING
A letter was received from Mr. L. Lee Layton concerning littering of the streets and suggesting a levied tax of cans and bottles purchased. On motion of Mr. Legates, seconded by Mr. Biggs, Council acknowledged receipt of the letter.
CONGREGATION BETH SHOLOM OF DOVER - FLEA MARKET
A letter was received from Congregation Beth Sholom of Dover, Inc. requesting permission to hold a Flea Market, White Elephant Sale, Art Show and Antique Show on Sunday, September 8, 1974, rain date September 15, 1974. The sale would be located on the ILC parking lot and adjacent property of Edgell Construction Company. On motion of Mr. Legates, seconded by Mr. Muir, Council granted the request.
MODERN MATURITY CENTER - REPRESENTATION AT COMMITTEE OF COMMITTEES MEETING
A request was received from Mr. Robert Bonniwell requesting that his organization be allowed representation at the Committee of Committee’s meeting when the proposal of the Modern Maturity Center is considered. On motion of Mr. Legates, seconded by Mr. Cullen, Council acknowledged receipt of the letter and invited Mr. Bonniwell to represent the group. When the meeting date is set, the Office of the City Clerk will notify Mr. Bonniwell. Motion carried.
DOVER HOUSING AUTHORITY - RESOLUTION ON SECTION 23 HUD
A letter was received from Mrs. Iva Tazelaar of the Dover Housing Authority requesting a resolution from Council approving Section 23 of the new HUD Handbook #7431.1. Mr. Legates asked Mr. Hayes if he was aware of an application to HUD by the Dover Housing Authority for reservation for Section 23. Mr. Hayes replied negative. On motion of Mr. Legates, seconded by Mr. Muir, Council voted that until the Housing Authority has met to consider the above, Council acknowledged receipt of the letter only. Motion carried.
DOVER HOUSING AUTHORITY - DOVER SENIOR SURREY
A letter was received from Mrs. Iva Tazelaar and residents of Queen Manor expressing their sincere appreciation for the City’s concern and action which has made free transportation for the Senior Citizens of Dover. On motion of Mr. Hardcastle, seconded by Mr. Muir, Council acknowledged receipt of the letter.
DEPARTMENT OF ADMINISTRATIVE SERVICES - FACILITY USE
A letter was received from Mr. Edwin A. Kwiatkowski, Director of the Department of Administrative Services, expressing appreciation to Council for the use of the City’s facilities for the distribution of food commodities handled by their various services. On motion of Mr. Muir, seconded by Mr. Walls, Council acknowledged receipt of the letter.
COMPREHENSIVE PLAN - DISCUSSION
Mr. Cullen asked Mayor Carroll if it would be a good idea to declare a moratorium on rezonings until the Comprehensive Plan, being prepared by Kling Planning, is implemented. According to Mr. Roe, the plan which was to be completed in July has been rescheduled for late August or early September. Mr. Rodriguez stated that the problem in declaring a moratorium is to justify the action. For example, the timing or when the plan will go into effect, how long the moratorium will be in effect (which has to be reasonable in all respects) and it has to be necessary in order to implement the Comprehensive Plan.
MEETING ADJOURNED AT 9:20 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at its meeting of July 8, 1974, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
July 12, 1974