REGULAR MEETING
June 24, 1974
The Regular Meeting of City Council was held on Monday, June 24, 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 the Reverend Thorpe in the absence of the Council Chaplain, Reverend J. H. Williams.
MINUTES
The minutes of the regular meeting of City Council held on June 10, 1974, were accepted and bore the written approval of Mayor Carroll.
SENIOR SURREY - BRADFORD STREET ORDINANCE
An ordinance restricting parking of vehicles with the exception of the Dover Senior Surrey was presented to Council. On motion of Mr. Biggs, seconded by Mr. Harris, Council by unanimous roll call vote adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a no parking zone shall be created and reserved for the parking of vehicles owned and operated as the Dover Senior Surrey which shall consist of three parking spaces on South Bradford Street on the west side at the intersection with Minor Street.
2. That no parking signs shall be erected on said three parking spaces indicating that parking of ll vehicles shall be unlawful with the exception of the Dover Senior Surrey vehicles and that upon the direction of the appropriate signs this ordinance shall be enforced.
3. That this ordinance shall remain in force and effect for a period of six months from the date of passage of the same or until the signs restricting parking as designated in this ordinance shall be removed.
ADOPTED JUNE 24, 1974
FOX HALL - STREET SIGN ORDINANCE
The streets, recently accepted by the City of Dover in the Fox Hall Development, require an ordinance to post Yield and Stop Signs. On motion of Mr. Muir, seconded by Mr. Holpp, Council by unanimous roll call vote adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Dover City Code is amended by adding the following section which shall establish traffic signs in the Fox Hall Development:
Section 1. Stop sign and yield signs shall be erected in the Fox Hall Development as follows:
TYPE SIGN
Stop
Stop
Stop
Stop
Stop
Yield
Yield
Yield
Yield
Yield
Yield
Yield
Yield
Yield
Stop
Stop
Yield
Stop
Stop
Stop
Yield
Yield
Yield
Yield
Yield
Yield
NAME OF STOP STREET
Carnoustie Road
Winged Foot Road
Baltusrol Road
Oakmont Drive
Baltusrol Road
Winged Foot Court
St. Andrews Court
St. Annes Court
Murfield Court
Gleneagles Court
Holylake Court
Baltusrol Court
Bellrine Court
Scioto Court
Merion Road
Oakmont Drive
Merion Court
Carnoustie Road
Village Drive
Old Forge Drive
Prestwick Court
Blackheath Court
Sandwich Court
Merion Road
Inverness Court
Tam O’Shanter Court
DIRECTION
West
South
North
North
North
North
South
East
West
East
West
South
South
North
South
South
North
North
Dead End Dead End
Both Directions
North
North
North
North
South
INTERSECTING STREET
Dover Kenton Road #104
Carnoustie Road
Carnoustie Road
Carnoustie Road
Oakmont Drive
Carnoustie Road
Carnoustie Road
Carnoustie Road
Carnoustie Road
Carnoustie Road
Carnoustie Road
Oakmont Drive
Baltusrol Road
Baltusrol Road
Oakmont Drive
State College Rd. #99
Oakmont Drive
Troon Road
W. Walker Road
McKee Road
Carnoustie Road
Troon Road
Troon Road
Troon Road
Merion Road
Merion Road
Section 2. This ordinance shall be enforced upon erection of the appropriate signs.
ADOPTED JUNE 24, 1974
RESCINDING ORDINANCE - TELEPHONE COMPANY - STATE STREET
During the construction of the addition to the Diamond State Telephone Company, Council authorized three (3) limited parking spaces. A letter received from Chief William L. Spence, Jr. informed Council that these spaces are no longer necessary. On motion of Mr. Legates, seconded by Mr. Muir, Council by unanimous roll call vote rescinded the above ordinance.
TAX APPEAL COMMITTEE - JARDEL AND PENN MUTUAL LIFE INSURANCE COMPANY
A meeting of the Tax Appeals Committee was held on June 24, 1974, to consider the appeal of Jardel and Penn Mutual Life Insurance Company, owners of the Blue Hen Mall. Mr. Legates, in his report to Council, stated that it was the decision of the Committee to uphold the assessment as submitted by the City Assessor’s Office. Since the issue was tabled at the Council meeting of April 8, 1974, Mr. Hardcastle, seconded by Mr. Muir, moved to remove the issue from the table. Motion carried.
On motion of Mr. Walls, seconded by Mr. Muir, Council by unanimous roll call vote, upheld the assessment as submitted by the City Assessor’s Office on the property owned by Jardel Co., Inc. and Penn Mutual Life Insurance Company, known as the Blue Hen Mall.
CERTIFICATE OF MERIT - FROM GREATER DOVER CHAMBER OF COMMERCE
Mayor Carroll displayed a Certificate of Merit awarded to the City of Dover for its contributions to the stable economic growth and making Dover a good place to live, awarded by the Greater Dover Chamber of Commerce.
CHAPEL BUILDERS - WILLIS ROAD REZONING REQUEST
A request was received from Chapel Builders, equitable owner, and J. Erhlich Realty Company, owner, to rezone land on Willis Road. Prior to amending the Zoning Ordinance and Zoning Map a public hearing is required. On motion of Mr. Legates, 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 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 Willis Road, lots 24 to 39 inclusive, is presently zoned for R-8 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 July 22, 1974, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-8 to RG-2 that property located on Willis Road, lots 24 to 39 inclusive, owned by J. Erhlich Realty Inc., equitable owner being Chapel Builders, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JUNE 24, 1974
GOLDEN OPPORTUNITY CENTER
A letter was received from the Golden Opportunity Center congratulating the City on instituting the Dover Senior Surrey. It was suggested that the service could be utilized in conjunction with their bus which transports the handicapped to and from the center. On motion of Mr. Harris, seconded by Mr. Hardcastle, Council acknowledged receipt of the letter. Motion carried.
UNITED CEREBRAL PALSY OF DELAWARE, INC.
A letter was received by the City Clerk’s Office thanking that office for the prompt answer as to the results of the request for revenue sharing funds. On motion of Mr. Legates, seconded by Mr. Biggs, Council acknowledged receipt of same.
CENTRAL DOVER BUSINESS ASSOCIATION, INC. - SIDEWALK SALE
In a letter to Mr. James, the Central Dover Business Association Inc. requested permission from Council to hold their Annual Sidewalk Sale, July 12th and 13th. Tables of merchandise will be on the sidewalk on Loockerman Street from State Street to Simons Store. On motion of Mr. Biggs, seconded by Mr. Hardcastle, Council granted permission for the sale with the stipulation that this function be coordinated with the Chief of Police, the Fire Marshal and the Office of the City Manager. Motion carried.
DOVER JAYCEES - BAKE SALE REQUEST
A letter was received from The Dover Jaycees requesting permission to hold a Bake Sale on Loockerman Street in front of Sears Roebuck Company on Saturday, July 20th. On motion of Mr. Harris, seconded by Mr. Muir, Council granted permission for the sale with the stipulation that all activities be coordinated with the Police Department, the Fire Marshal and the Office of the City Manager. Motion carried.
MARY LOUISE TILGHMAN - OBJECTION - MODERN MATURITY CENTER - KINGS HIGHWAY
A letter to Mayor and Council from Mrs. Mary Louise Mayer Tilghman objecting to the proposed purchase of 10 Kings Highway to house the Modern Maturity Center was read into the record. On motion of Mr. Walls, seconded by Mr. Legates, Council acknowledged receipt. Motion carried.
MODERN MATURITY CENTER - $60,000 REQUEST
In a letter to Mayor and Council, Mr. Robert A. Bonniwell, Executive Director of the Modern Maturity Center, revised their request for Revenue Sharing funds since abandoning the attempt to purchase 10 Kings Highway. Mr. Bonniwell sated that the revised plan was to build a one-story structure hopefully on land contributed by the City of Dover. The request was for $60,000. On motion of Mr. Muir, seconded by Mr. Biggs, Council referred this matter to the Committee of Committees. Motion carried.
DELAWARE PUBLIC OPINION INSTITUTE - SIDEWALK - WALKER ROAD
A copy of a letter to Mr. Richard Haber from Nathan L. Cohen, President of the Delaware Public Opinion Institute was received by Mayor and Council. In his letter Mr. Cohen pointed out the need for a sidewalk on Walker Road near the “Walker Townhouse Development” and that the Highway Department had never established a right-of-way line for this purpose. On motion of Mr. Muir, seconded by Mr. Walls, Council acknowledged receipt of the letter. Motion carried.
CLIFFORD E. HAL, SEC. DIV. OF HWYS. & TRANS. - ACTING DIRECTOR - M. CARTER
A copy of a memorandum to Division and Section heads from Clifford E. Hall, Secretary of the Department of Highways and Transportation was received by Mayor Carroll, designating Maurice M. Carter as Acting Director of the Division of Transportation replacing John O. Hidinger. On motion of Mr. Cullen, seconded by Mr. Walls, Council acknowledged receipt of the memorandum. Motion carried.
KENT COUNTY FOSTER GRANDPARENT PROGRAM
A letter was received from E. Virginia Van Pelt, Program Director, of the Kent County Foster Grandparent Program, extending their gratitude and pleasure for the Dover Senior Surrey. On motion of Mr. Biggs, seconded by Mr. Hardcastle, Council acknowledged receipt of the letter. Motion carried.
WOODCREST IMPROVEMENT ASSOCIATION
In a letter to Council, Mr. David Perman, President, advised of the forming of an Improvement Association in the Woodcrest Development. He went on to outline complaints such as speeding vehicles, weeds on vacant lots, poor drainage and a population of rats. On motion of Mr. Harris, seconded by Mr. Muir, Council referred the letter to the Safety Advisory Committee. Motion carried.
SCHEDULE CHANGE - DOVER SENIOR SURREY
Mr. James addressed Council requesting that the running schedule of the Dover Senior Surrey be changed from 9:00 A.M. to 6:00 P.M. to 8:00 A.M. to 6:00 P.M. This is to become effective immediately. On motion of Mr. Hardcastle, seconded by Mr. Muir, Council granted the request. Motion carried.
DISPOSAL OF 1967 PLYMOUTH
Mr. James requested permission from Council to dispose of a 1967 Plymouth formally assigned to the Electric and Water Reading Department. The estimated repairs of said vehicle exceed the net worth. On motion of Mr. Legates, seconded by Mr. Biggs, Council granted the above request. Motion carried.
PUBLIC HEARING - ZONING ORDINANCE CHANGE - VETERINARY HOSPITALS
A public hearing was duly advertised for this time and place to consider an ordinance change which would take Veterinary Hospitals out of C-3 and would allow said offices and hospitals to be located in any zone except one family resident zones (R-20, R-15, R-10, R-8 and R-7) subject to the decision of the Planning Commission. Mayor Carroll declared the hearing open and asked if there was anyone present to speak for or against the ordinance change. Mrs. Suzanne Henseler of 922 Wilson Drive stated her views against the change and presented a petition with over 190 signers who concurred with her opposition.
Maurice Hartnett, an attorney of Dover, was present and spoke for the zoning ordinance change.
Mr. David Perman, 860 Wilson Drive and Mr. Richard Scrafford of 907 Schoolhouse Lane were present and addressed Council in opposition of the ordinance change.
Mrs. Alice White, 912 Schoolhouse Lane read into the record a letter to Council from Senator Jacob W. Zimmerman stating his opposition to the ordinance change as did Mrs. Lydia Gaukler, 911 Wilson Drive, read a letter from Representative Hudson E. Gruwell.
Mr. Legates addressed Council stating that an appointed body such as the Planning Commission should not be put in a position to decide conditional uses especially due to the pressure groups that might be involved in such a decision. He further stated that as elected officials, Council as a legislative body, should retain this responsibility.
Mr. Hardcastle concurred with Mr. Legates views and stated that since Council had previously denied a Veterinary Hospital in the Woodcrest area, he felt that it would be inconsistent to approve this ordinance change. Mayor Carroll declared the hearing closed. On motion of Mr. Hardcastle, seconded by Mr. Muir, Council by unanimous roll call vote denied the ordinance change that would take Veterinary Hospitals out of C-3 zoning.
CHES-DEL REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on the east side of McKee Road, north of County RT #99 and south of Route #100, owned by Ches-Del Corporation. Mayor Carroll declared the hearing open. There was no one present to speak for or against the rezoning and no correspondence. Mayor Carroll declared the hearing closed. 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 EAST SIDE OF MCKEE ROAD, NORTH OF COUNTY RT #99 AND SOUTH OF ROUTE #100, FROM R-20 TO I.P.M.
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 R-20 to IPM.
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 R-20 to IPM on that property located on the east side of McKee Road, north of County RT #99 and south of Route #100, owned by Ches-Del Corporation.
ADOPTED JUNE 24, 1974
J. C. BOWDLE REZONING - 59 SOUTH GOVERNORS AVENUE
A public hearing was duly advertised for this time and place to consider the rezoning of a property located at 59 South Governors Avenue, owned by J. C. Bowdle, leased by Jean E. Francis. Mayor Carroll declared the hearing open. Mr. Eugene Brier was present to speak for the rezoning explaining the need for art galleries in the City according to his views. There was no one present to speak against the rezoning and no correspondence. The Planning Commission had recommended approval of the rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Legates, Council by unanimous roll call vote approved the rezoning request 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 59 SOUTH GOVERNORS AVENUE 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 O 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 at 59 South Governors Avenue, owned by J. C. Bowdle, leased by Jean E. Francis.
ADOPTED JUNE 24, 1974
GENERAL INFORMATION
Mr. James stated to Council that photographs of City Hall, Old Dover Days Ceremony at City Hall and numerous others had been taken and are now available to anyone interested. Mr. James would desire any orders for copies by in his hands by July 9, 1974. The established price of these photographs is $5.00 for 5" x 7" and $7.50 for an 8" x 10".
KIRK FETTERMAN - STRAY CATS
Mr. Kirk Fetterman addressed Council stating that he lived in the area of the Dover Diner and has been bothered by over a dozen stray cats attracted by the trash from the business. Mr. Fetterman stated that through investigation he found that cats are more subject to rabies due to the fact that they kill and eat rodents, bats, etc. He suggested that all cats be licensed and subject to rabies shots. Chief Spence pointed out that there is no ordinance to control cats since they are considered domesticated animals. Mayor Carroll informed Mr. Fetterman that this matter will be investigated.
MR. HARRIS - MODERN MATURITY CENTER
Mr. Harris addressed himself to a group present representing the Modern Maturity Center stating that he did not feel that a delay of three to four months would be detrimental to the group’s cause. Speaking for himself, Mr. Harris, felt that it has always been the interest of the City to provide some sort of facility for the Modern Maturity Center and it would be a mistake to grab the first parcel f land available since there is still a possibility that a Civic Center will be constructed and facilities available. Mr. Harris stressed the importance of future planning for the Modern Maturity Center taking in consideration the amount of land needed, the type of construction of the building, future expansion and various facilities available such as transportation. Mr. Harris emphasized that these were his personal feelings and not especially the thoughts of the City Government.
MEETING ADJOURNED AT 8:30 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at its meeting of June 24, 1974, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
June 26, 1974