REGULAR MEETING
May 8, 1972
The regular meeting of City Council was held on Monday, May 8, 1972 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Harris, Hayes, Holmes, Holpp, Legates, Muir and Walls.
The invocation was said by Rev. Edward R. Wilkins, Chaplain of Wesley College.
MINUTES
The minutes of the regular Council meeting of April 24, 1972 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police report for the month of April was accepted.
Building Inspector & Fire Marshal report for the month of April was accepted.
City Planner Report for the month of April was accepted.
Alderman report for the month of April was accepted, fines in the amount of $634.00 were remitted.
Cash Receipts, General Fund, for the month of April were accepted.
Budget Report, General Fund, for the month of March was accepted.
Cash Receipts, Electric Revenue Fund, for the month of April were accepted.
Cash Receipts, Electric Improvement Fund, for the month of April were accepted.
City Manager report for the month of April was accepted.
ELECTRIC BUDGET HEARING
On motion of Mr. Legates, seconded by Mr. Walls, Council by unanimous vote directed that a hearing be advertised as per the 1965 Bond Resolution on the budget for the Electric Department for the fiscal year of 1972-1973. This hearing will be held on Monday, June 12, 1972 at 8:00 P.M.
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playgrounds & Trees Committee meeting held on May 1, 1972 was presented by Chairman Walls. On motion of Mr. Biggs, seconded by Mr. Holpp, Council accepted the report as presented.
BASTIAN TREE - ELM TERRACE
A request has been received from Mrs. Bastain of Elm Terrace to remove a sycamore tree located adjacent to her driveway on Elm Terrace. She claims that the tree interferes with exit and entrance into Elm Terrace. On motion of Mr. Muir, seconded by Mr. Hayes, Council directed that the abovementioned tree be removed as requested by Mrs. Bastian.
VOSHELL REZONING
A request has been received from Emil Voshell to rezone property he owns located on East Division Street and Spruance Road. A public hearing is required prior to amending the zoning map. On motion of Mr. Walls, seconded by Mr. Hayes, 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 ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on East Division Street and Spruance Road is presently zoned for R-7 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Map and Ordinance.
1. That a public hearing will be held in City Hall at 8:05 P.M. on June 12,1972 on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezone from R-7 to C-3 that land located on East Division Street and Spruance Road, owned by Emil Voshell and containing approximately 31,900 square feet.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MAY 8, 1972
ERDLE REZONING
A request has been received from Fred W. Erdle to rezone land he owns located on South Little Creek Road. A public hearing is required prior to amending the zoning map. On motion of Mr. Walls, seconded by Mr. Hayes, 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 ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on 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 Map and 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 in City Hall at 8:10 P.M. on June 12, 1972 on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezone from R-20 to C-1A that land located on South Little Creek Road, owned by Fred W. Erdle and containing approximately 3 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MAY 8, 1972
KENT GENERAL HOSPITAL REZONING
A request has been received from Kent General Hospital to rezone the property at 638 South State Street. A public hearing is required prior to amending the zoning map. On motion of Mr. Hayes, 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 AND ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on 638 South State Street is presently zoned for R-10 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Map and 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 in City Hall at 8:15 P.M. on June 12, 1972 on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezone from R-10 to I0 that property located at 638 South State Street, owned by Kent General Hospital and containing approximately 1.16 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MAY 8, 1972
DOVER MODERN MATURITY CENTER
A letter was received from the Dover Modern Maturity Center requesting the City of Dover help them solve their problem, which is a need for better facilities within the City of Dover. Due to the increased membership and increased programs, their present facilities are quite inadequate and better and larger facilities are needed. The monies they now receive from Federal and State Aid are for programs, and the cost of facilities is gotten through local contributions and help. On motion of Mr. Harris, seconded by Mr. Holmes, Council referred this request to the Committee of Committees for their study and recommendation.
MEMORIAL DAY SERVICES
A letter was received from VFW Post 9962 stating that the Memorial Day Services will be held on Monday, May 29, 1972 at 12:00 Noon at the Veteran’s Memorial Plt at the intersection of Kings Highway and State Street. On motion of Mr. Walls, seconded by Mr. Muir, Council directed that the floral wreath be ordered by the City of Dover and will be presented by representative of the City of Dover at the Memorial Services.
CURB & GUTTER HEARINGS
A public hearing was duly advertised for this time and place to consider the installation of concrete curb & gutter on Carver Road and in the area of Eastlake Gardens. Mayor Carroll declared the hearings opened. There were numerous residents of the Eastlake Gardens area present and spoke to Council requesting that this project not be undertaken at this time in their area. They stated that they would like to see the area remain rural in nature, mainly because there are not through streets in the area. A letter was read having been received from Mr. & Mrs. Ernest Keith, property owners in this area, also stating their objection to this project. After considerable discussion by Council, Mayor Carroll declared the hearing closed. City Solicitor stated that if a majority of property owners in the area objected in writing, Council cannot install the curb & gutters and assess the property owners. On motion of Mr. Legates, seconded by Mr. Holpp, Council by a unanimous roll call vote, tabled any action on this matter for 30 days in order to allow the residents of Eastlake Gardens time to present a written petition if they so desire.
CITY OF DOVER FLAG
Councilman Holpp, seeing a sample of the City flag that has been drafted by City Staff, asked if the City had made any overtures toward having such a flag made. The sample of the City flag was once again presented to Council. On motion of Mr. Holpp, seconded by Mr. Hayes, Council approved the expenditure of having an Official City of Dover Flag made in the appropriate size or sizes necessary.
CARLISLE LAND REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on Walker Road Extended owned by Carlisle Land Inc. Mayor Carroll declared the hearing opened. Mr. Frank DiMondi was present representing the owners and spoke on behalf of the rezoning. No one else was present to speak for or against the rezoning. The Planning Commission has recommended approval of this request. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Holmes, Council by unanimous roll call vote 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 WALKER ROAD EXTENDED, OWNED BY CARLISLE LAND INC., FROM RG-3 TO RG-2 USE.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the City of Dover limits, and
WHEREAS, it is deemed in the best interest of the zoning and planning to change the permitted use from RG-3 to RG-2 on that property 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 Ordinance and Zoning Map of the City of Dover shall be amended to change the zoning designation of the property located on Walker Road Extended from RG-3 to RG-2, owned by Carlisle Land, Inc., and containing approximately 15,000 square feet.
ADOPTED MAY 8, 1972
SCALE MODEL - CITY HALL
A proposal has been received from Delaware Technical & Community College, Georgetown, Delaware, to build a scale model of the proposed City Hall and the present City Hall Annex. For a cost of $400 a scale model will be constructed for both interior and exterior, including landscaping. On motion of Mr. Walls, seconded by Mr. Muir, Council authorized the expenditure of $400 as proposed for the construction of the scale model of City Hall.
KENT COUNTY CAMPUS - DEL TECH
A letter was received from Paul K. Weatherly, President of Delaware Technical & Community College stating that the planning for the Kent County campus is progressing and he would like to appear before Council and make a progress report. On motion of Mr. Walls, seconded by Mr. Holpp, Mr. Weatherly was invited to appear before Council at its meeting of May 22, 1972.
DAVE HALL WATER REQUEST
A request was received from Dave Hall, Inc. for the installation of a one (1) inch water service at the new Sun Oil service station located at South State Street and Wyoming Avenue, outside the City Limits. On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous vote denied the above request.
ORDINANCES
On motion of Mr. Legates, seconded by Mr. Biggs, 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. It shall be unlawful to park any vehicle on any of the public streets or roads in the development known as Woodcrest at any time between the hours of 9:00 A.M. and 10:00 A.M. of each day of the week.
2. It shall be unlawful to park any vehicle at any time in front of the public right-of-way of the Dover High School of the Capital School District leading from the west side of the Dover High School into the Woodcrest Development.
3. A new speed limit is hereby established for vehicles traveling on Division Street between Saulsbury Road and Ridgely Street which shall be reduced from 35 MPH to 25 MPH.
4. All vehicles shall be required to come to a complete stop and to remain stopped until directed otherwise when traveling on South Governors Avenue in the area of the Dover Fire Department Station. Appropriate signs shall be erected approximately one-half block north of the Fire House and one-half block south of the Fire House where vehicles shall be required to stop and remain stopped until given further directions when such signs are flashing or otherwise illuminated.
5. This ordinance shall be enforced upon the erection of appropriate signs.
ADOPTED MAY 8, 1972
CITY-COUNTY AIRPORT
Mr. John Hidinger, Director of Transportation, State of Delaware, was present and addressed Council concerning the proposals for a municipal airport in the Dover area. Also present with Mr. Hidinger was General Jack Wallace, who outlined the problems and possible solutions facing the construction of a municipal airport or the joint-use of the Dover Air Force Base for facilities to handle private aircraft. A written proposal was presented to Council for their study. At this time, a letter was read from the owners of Loumar, Inc., stating that they were agreeable to deed this land to Dover and approximate 10 acre tract of land of Horsepond Road that might be used for a support facility for the municipal airport. Mayor Carroll stated that Loumar has agreed to deed this land to the City and the City in return would allow this land to be used for this facility, it being adjacent to the Air Base, providing a joint-use agreement would be worked out. General Wallace stated that he felt that this land would not be as useful as the land area proposed by the County Levy Court. At this time Mr. Hidinger requested that he, Mr. Fred McKee and the City Planner, Mr. Brown, be allowed to get together and make a study of these proposed areas for use as the facilities and the results of this study be returned to Council for their study and recommendation. This feasibility study would be done and returned to Council as soon as possible, possibly within two weeks.
SIDEWALK HEARINGS
A public hearing was duly advertised for this time and place to consider the installation of sidewalks on Greenhill Road and Bayard Avenue. Mayor Carroll declared the hearing opened. Mr. Marvin Thompson, a resident of Bayard Avenue, addressed Council and stated that he and many of his neighbors felt that there was no need for sidewalks to be installed in this area at this time. Mr. E. G. Russell, also of this area, addressed Council and stated that if sidewalks were installed on his property it would necessitate the installation of a retaining wall and the remove of two large trees from the front of his property. A question was then asked by Council as to why the other streets, namely the east side of Park Drive, both sides of Loockerman Street and the south side of Division Street, which is necessary prior to the installation of sidewalks, and that it was felt that sidewalks were not needed on the east side of Park Drive, since the west side of Park Drive, along the City of Dover property already had sidewalks. Mayor Carroll then declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Biggs, Council by a roll call vote of 7 ‘yes’ and 1 ‘no’, Mr. Holpp, tabled any action on the installation of sidewalks on Bayard Avenue and Greenhill Road.
SIDEWALK INSTALLATIONS
Prior to the consideration of the installation of sidewalks on Bayard Avenue and Greenhill Road, Council has suggested that a hearing be held on installing sidewalks also in this area of Eastover Hills on the eastside of Park Drive, Loockerman Street and the south side of Division Street. On motion of Mr. Hayes, seconded by Mr. Muir, Council by unanimous roll call vote adopted the following resolution.
A RESOLUTION SETTING A PUBLIC HEARING PERTAINING TO INSTALLATION OF SIDEWALKS IN CERTAIN AREAS OF THE CITY OF DOVER.
WHEREAS, certain sections of the City of Dove are without sidewalks, and
WHEREAS, the conditions of particular streets within the City require that sidewalks be installed for the safety, convenience and public welfare of the citizens of the City of Dover, and
WHEREAS, the Mayor and Council of the City of Dover are deliberating the feasibility of a comprehensive sidewalk installation program for 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 on Monday, June 12, 1972 at 8:00 P.M. in the Council Chambers of City Hall to consider the installation of sidewalks along the streets in the section of the City of Dover that include both sides of Loockerman Street from the St. Jones River to U.S. Route 13; the south side of Division Street from Park Drive to U.S. Route 13; and the east side of Park Drive from Division Street to Loockerman Street, and assessing the cost thereof to property owners concerned.
2. That notice of the public hearing be given in at least one newspaper published in the City of Dover.
ADOPTED MAY 8, 1972
COUNCIL ADJOURNED AT 9:25 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of May 8, 1972 are hereby approved.
Crawford J. Carroll
Mayor
MAY 9, 1972