REGULAR MEETING
March 13, 1972
The regular meeting of City Council was held on Monday, March 13, 1972 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Hayes, Holmes, Legates, Muir and Walls. Councilman Harris and Holpp were absent.
MINUTES
The minutes of the Council meeting of February 28, 1972 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police report for the month of February was accepted.
Building Inspector & Fire Marshal report for the month of February was accepted.
City Planner report for the month of February was accepted.
Alderman report for the month of February was accepted, fines in the amount of $1,112.00 remitted.
Cash Receipts, General Fund, for the month of February were accepted.
Budget Report, General Fund, for the month of January was accepted.
Cash Receipts, Electric Revenue Fund, for the month of February were accepted.
Cash Receipts, Electric Improvement Fund, for the month of February were accepted.
City Manager report for the month of February was accepted.
ELECTRIC & FIRE CODE AMENDMENTS
On motion of Mr. Hayes, seconded by Mr. Walls, Council by a vote of 6 ‘yes’ and 2 ‘absent’, Messrs Harris and Holpp, adopted the following ordinance amending the Electric Code and the Fire Prevention Code.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That the Dover City Code, Article I, Section 12-57, be and the same hereby is amended by changing the date of the National Electric Code recommends and published by the National Fire Protection Association from the 1968 edition to the 1971 edition.
2. That Section 14-1 of the Dover City Code be and the same hereby is amended by changing the date of the Fire Prevention Code recommended by the American Insurance Association from the 1970 edition to the 1971 edition.
ADOPTED MARCH 13, 1972
FAIRVIEW REZONING
A request has been made to rezone certain lots located in the Fairview Development from C-1 to R-8. A public hearing is required prior to amending the Zoning Map of the City of Dover. On motion of Mr. Holmes, seconded by Mr. Walls, Council adopted the following resolution.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located in the Fairview Development, lying between Fairview Avenue and Carol Street and north of Columbia Avenue, is presently zoned for C-1 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 on April 10, 1972 at 8:00 P.M. on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezone from C-1 to R-8 these lots Number 10, 11, 32, 33, and 34 in Fairview Development, lying between Carol Street and Fairview Avenue and north of Columbia Avenue.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MARCH 13, 1972
STREET NAMES
A request has been received from the Planning Commission for the confirmation of the naming of certain streets within the City of Dover. The following are the recommendations:
1. South of the Plaza in front of Wesley Church Educational Building be named Wesley Court.
2. South of Court Street between River Road and Cowgill Street be named Capitol Court.
3. Street running southwest off of Crawford Avenue in Schoolview be named Crawford Court.
4. Street adjoining Simon Circle and North Street be named Simon Place.
5. Street running west from Reese Street north of North Street be named Henry Lane.
6. Street running southeast from Janes Road in Doverbrook Gardens be named Brennan Lane.
7. Street running northwest from Janes Road in Doverbrook Gardens be named Doverbrook Lane.
On motion of Mr. Holmes, seconded by Mr. Hayes, Council by a roll call vote of 6 ‘yes’ and 2 ‘absent’ Messrs Harris and Holpp, approved the recommendation of the Planning Commission as outlined above.
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee meeting held on March 6, 1972 was presented by Acting Chairman Holmes. On motion of Mr. Muir, seconded by Mr. Hayes, Council accepted the report as presented.
LEFT TURN & NO PARKING ORDINANCE
On motion of Mr. Legates, seconded by Mr. Muir, Council by a roll call vote of 6 ‘yes’ and 2 ‘absent’ adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That the Ordinance prohibiting traffic traveling in a southerly direction on South State Street from making a left-hand turn onto North Street at the intersection of South State Street and North Street is amended to prohibit such turns only during the hours of 8:00 A.M. to 6:00 P.M. excluding Sundays and Holidays.
2. A no-parking zone shall be established for two parking spaces in front of 218-220 West Loockerman Street, prohibiting the parking of all vehicles between the hours of 9:00 A.M. and 3:00 P.M. each day.
3. This ordinance shall be enforced upon the erection of the appropriate signs.
ADOPTED MARCH 13, 1972
WOODCREST PARKING
A petition had been presented to the Safety Advisory Committee concerning the parking in the Woodcrest Development by the students of Dover High School. The committee had recommended that an ordinance be drawn to limits parking in the Woodcrest Development to residents only during the hours of 9:00 A.M. to 4:00 P.M. There was some question as to whether an ordinance such as this would be legal being these are public streets. The City Solicitor stated that he felt that the courts would not uphold such an ordinance. The residents of the area do not wish to have an ordinance passed that would put a time limit on parking such as two hour parking, etc. The general feeling of the Council was that this problem has been created by the School Administration and they should be made aware of it and help resolve it. On motion of Mr. Legates, seconded by Mr. Holmes, Council directed that the Safety Advisory Committee meet with the School Authorities and report back to Council on their findings.
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playground & Trees Committee meeting held on March , 1972 was presented by Acting Chairman Holmes. On motion of Mr. Walls, seconded by Mr. Biggs, Council accepted the report as presented.
TARBURTON PARK PLANS
Preliminary plans for the construction of a building at Tarburton Park were presented to Council. On motion of Mr. Legates, seconded by Mr. Walls, Council authorized the City Manager to proceed with the drawing of the final plans for the construction of this facility and present them to the appropriate committees for their recommendations.
SILVER LAKE CONCESSION
Arne and Mary Friedline have submitted a bid for the concession rights at Silver Lake for the summer season of 1972. On motion of Mr. Hayes, seconded by Mr. Walls, Council accepted the bid of Mr. & Mrs. Friedline, along with a check in the amount of $75.
UTILITY COMMITTEE
A written report of the Utility Committee meeting held on February 29, 1972 was presented to Council. On motion of Mr. Walls, seconded by Mr. Muir, Council accepted the report as presented.
SIDEWALK ASSESSMENT
The Utility Committee has recommended that a hearing be set for the assessment of the cost of installation of sidewalks in an area of Dover that was recently completed. Their recommendation was the assessment of the cost of installation at $.75 per square foot. On motion of Mr. Hayes, seconded by Mr. Legates, Council by a vote of 5 ‘yes’, 1 ‘no’, Mr. Muir and 2 ‘absent’, Messrs Harris and Holpp, changed the assessment per square foot of sidewalks to $.60. On motion of Mr. Biggs, seconded by Mr. Walls, Council by a vote of 5 ‘yes’, 1 ‘no’, Mr. Hayes, and 2 ‘absent’, adopted the following ordinance as amended.
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF THE INSTALLATION OF SIDEWALKS IN THE AREA BOUNDED BY GOVERNORS AVENUE, WILLIAMS STREET, DIVISION STREET AND THE RAILROAD.
WHEREAS, the Council is authorized to install sidewalks in the City and, by ordinance, to provide for the levy and collection of assessments against property owners whose land adjoins said installations, and
WHEREAS, the Council has caused to be installed sidewalks along the streets in the section of the City of Dover bounded by Governors Avenue, Williams Street, Division Street and the Railroad, and
WHEREAS, this Ordinance is enacted pursuant to the Charter of the City of Dover, Section 28(c) to levy and collect the assessment against property owners whose land adjoins said installation to cover the cost thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. An assessment shall be, and hereby is, levied against all property owners whose property adjoins the installation of said sidewalks at the rate of $.60 per square foot adjoining said sidewalks.
2. This assessment shall be a lien against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. The assessment shall be paid within a five-year period from the date of enactment of the assessment and levy including interest which shall be at the rate of 6% per annum on the unpaid balance of each assessment. The assessment plus accrued interest to the date of payment may be paid in full at any time during the five-year period. If the assessment is paid in full within one year from the date of enactment of the assessment and levy then all interest charges shall be waived and only the original amount of each assessment shall be paid.
4. A public hearing on said assessment and levy shall be held on April 10, 1972 at 8:00 P.M. in City Hall, the Plaza, Dover, Delaware, at which time any appeals from the same shall be heard. Notice of the public hearing shall be given by publication in the Delaware State News once a week for each of the two proceeding weeks prior to the date of the hearing.
ADOPTED MARCH 13, 1972
SEWER AND WATER ASSESSMENTS
The Utility Committee has recommended that assessments be made against property owners for the cost of recent installations of sewer and water within the City of Dover. On motion of Mr. Walls, seconded by Mr. Muir, Council by a roll call vote of 6 ‘yes’ and 2 ‘absent’, Messrs Harris and Holpp, adopted the following ordinance.
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF THE INSTALLATION OF SEWER AND WATER MAINS ON COLLEGE ROAD, FULTON STREET, RIDGLEY STREET, KENTON ROAD, WALKER ROAD, HARTLY ROAD, CARVER ROAD, WHITEOAK ROAD, SOUTH LITTLE CREEK ROAD AND GRUWELL ACRES, INSTALLED UNDER CITY OF DOVER PROJECTS NUMBER 44 AND 48.
WHEREAS, the Council is authorized to install water and sewer mains in the City, and by ordinance, to provide for the levy and collection of assessments against property owners whose land adjoining said installations, and
WHEREAS, the Council has caused to be installed sewer and water mains under City of Dover projects Number 44 and 48, and
WHEREAS, this Ordinance is enacted pursuant to the Charter of the City of Dover, Section 28(c), to levy and collect the assessment against property owners whose land adjoins said installations to cover the cost thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. An assessment shall be, and hereby is, levied against all property owners whose property adjoins the installation of said water mains at the rate of $4.00 per front foot adjoining said water main, and at the rate of $6.00 per front foot adjoining said sewer main.
2. These assessments shall be liens against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. These assessments shall be paid within a five-year period from the date of enactment of the assessment and levies including interest which shall be at the rate of 6% per annum on the unpaid balance of each assessment. The assessments plus accrued interest to the date of payment may be paid in full at any time during the five-year period. If the assessments are paid in full within one year from the date of enactment of the assessments and levies, then all interest charges shall be waived and only the original amount of each assessment shall be paid.
4. The cost of tapping to said water and sewer mains shall be in addition to the assessments heretofore stated and such tapping charges shall be due and payable once the tap in completed.
5. A public hearing on said assessments and levied shall be held on April 10, 1972 at 8:00 P.M. in City Hall, The Plaza, Dover, Delaware at which time any appeals from the same shall be heard. Notice of the public hearing shall be given by publication in the Delaware State News once a week for each of the two weeks proceeding the date of the hearing.
ADOPTED MARCH 13, 1972
ST. JOHN’S LUTHERAN CHURCH
A public hearing was duly advertised for this time and place to consider the moving of the St. John’s Lutheran Church building from the corner of Lotus Street and Park Avenue to a lot on Roosevelt Avenue west of U.S. Route 13, owned by Mrs. Brady Abbott. This building is being purchased by the Kent County Theater Guild. Mayor Carroll declared the hearing opened. Mr. Herb Avery, representing the Theater Guild was present and addressed Council on their need for a building and their desires to relocate this one. No one else was present to speak for or against the request. Mr. Roe, Building Inspector, stated he had no objections to this request. Mayor Carroll declared the hearing closed. On motion of Mr. Muir, seconded by Mr. Biggs, Council granted the above request and stated that this moving had to be completed within 90 days from this date.
COLBERT-GONZALEZ REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of the property located at 102 S. Kirkwood Street. Mayor Carroll declared the hearing opened. Mr. Melvin Colbert and Mr. Esteban Gonzalez, owners of the building, were present and spoke on behalf of the rezoning. No one else was present to speak for or against the request. The Planning Commission has recommended approval as submitted. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Holmes, Council by a roll call vote of 6 ‘yes’ and 2 ‘absent’ Messrs Harris and Holpp, 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 AT 102 S. KIRKWOOD STREET FROM RG-1 TO C-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 RG-1 to C-2 on the 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 at 102 S. Kirkwood Street, owned by Melvin Colbert & Esteban Gonzalez, from RG-1 to C-2, and containing approximately 9,230 square feet.
ADOPTED MARCH 13, 1972
SHADE REZONING
A public hearing was duly advertised for this time and place and consider the rezoning of the property located at 29 S. State Street, owned by John and Nancy Shade, from RG0 to RG-4 use. Mayor Carroll declared the hearing opened. Mr. Glenn Hitchens and Mr. Joseph Angel, representing the owners and developers of this property addressed Council and requested that the recommendation of the Planning Commission be approved and the property rezoned. Mr. Gerald Sapienza presented a petition to Council representing those who were opposed to this rezoning, containing approximately 93 signatures of residents and property owners of the area and the City. Mrs. James Hughes, Mrs. Isabel Jackson, Mr. E. Hall Downes, Mrs. Jean Bradford, Mr. Charles Witt, Mr. W. S. Taber, Mr. Michael J. Ambrose, Mrs. Harriett Myer and Mrs. Delores Sapienza were all present and addressed Council on their feeling that this property not be rezoned. There were also many other residents present at this hearing. Mr. Ned Heite, State Historic Registrar, also spoke disfavoring this request. After much discussion Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Holmes, Council denied this rezoning request by a roll call vote of 6 ‘yes’ and 2 ‘absent’, Messrs Harris and Holpp.
TAX APPEALS DATES AND COMMITTEE
On motion of Mr. Muir, seconded by Mr. Walls, Council by unanimous vote of all present set the dates for the Tax Appeals hearings as follows: between the hours of 1:00 P.M. and 4:00 P.M. and between the hours of 7:00 P.M. and 10:00 P.M. on March 28, 29 and 30 and April 3, 4, 5, 6, and 7, 1972, and at the regularly scheduled Council meeting of April 10, 1972. The Tax Appeals Committee Consists of Councilmen Biggs, Hayes, Holmes, legates, Muir and Walls, with at least three Councilmen sitting at each session.
CAESAR RODNEY HELISTOP
A. Kirk Mearns, Secretary of Transportation for the State of Delaware, notified the City of Dover that a helicopter landing area has been established on the south lawn of the Highway Administration Building to be known as the Caesar Rodney Helistop. This facility will be open to all City, County, and State Officials as well as their guests.
HENRY HELLER REQUEST
A request has been received from Mr. Henry Heller to annex property he owns located at 1324 Forest Avenue into the City of Dover. On motion of Mr. Walls, seconded by Mr. Holmes, Council by a vote of 5 ‘yes’, 1 ‘no’, Mr. Hayes, and 2 ‘absent’, Messrs Harris and Holpp, referred this request to the Utility Committee for their study and recommendation.
CHAMBER OF COMMERCE BOOKLET
The Greater Dover Chamber of Commerce has requested permission to use some of the material in the City of Dover’s “250th Year Booklet”. On motion of Mr. Hayes, seconded by Mr. Walls, Council granted permission of the Chamber of Commerce to use this material as requested.
BULLOCK ESTATE REZONING
A request has been received to rezone the Arlington Bullock Estate property located on the northeast corner of Wyoming Avenue and Bradford Street. A public hearing is required prior to amending the Zoning Map of the City of Dover. On motion of Mr. Walls, seconded by Mr. Biggs, Council by a roll call vote of 5 ‘yes’, 1 ‘no’, Mr. Holmes, and 2 ‘absent’, Messrs Harris and Holpp, 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 ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on the northeast corner of Wyoming Avenue and Bradford Street is presently zoned for RG-1 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Map and Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall at 8:05 P.M. on April 10, 1972 on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezoned from RG-1 to RG0 the property located on the northeast corner of Wyoming Avenue and Bradford Street, owned by the Arlington Bullock Estate, equitable owners being James V. Gallagher and Gassen A. Nejad, and containing approximately 27,000 square feet.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MARCH 13, 1972
VETTER REZONING
A request has been received to rezone property located on Ross Street between State Street and Governors Avenue. A public hearing is required prior to amending the zoning map of the City of Dover. On motion of Mr. Legates, seconded by Mr. Muir, 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 ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on Ross Street between State Street and Governors Avenue 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 be held in City Hall at 8:10 P.M. on April 10, 1972 on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezoned from R-10 to R-7 the property located on Ross Street between State Street and Governors Avenue, owned by Fred W. Vetter, Jr., and containing approximately 31,800 square feet.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MARCH 13, 1972
REVENUE ANTICIPATION BORROWING
The City Manager reported that current needs of the City for operation of the General Fund were in excess of available funds and requested up to $250,000 in anticipation of current revenue, to be repaid on or before July 1, 1972. On motion of Mr. Hayes, and seconded by Mr. Walls, Council by a roll call vote of 6 ‘yes’ and 2 ‘absent’, Messrs Harris and Holpp, adopted the following resolution.
A RESOLUTION AUTHORIZING THE MAYOR AND CITY TREASURER TO UNDERTAKE TEMPORARY BORROWING AS PROVIDED IN THE CHARTER OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorized and empowers the Council of the City of Dover to anticipate current revenue by borrowing such sum as shall be needed, not to exceed 1% of the total taxable assessment, and
WHEREAS, it is necessary to borrow temporary funds for the current operating requirements of the City of Dover General Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the adoption of this resolution, the Mayor and Treasurer of the City of Dover shall be empowered and authorized to execute under the seal of the City of Dover any and all instrucments, documents, or other evidences of indebtedness as required for the borrowing on a temporary basis of a sum not to exceed $250,000.
2. That Mayor and Treasurer of the City of Dover shall be empowered to obtain said funds upon such terms and from such local lending institutions as in their best judgement they deem necessary and proper.
3. Any and all amounts borrowed pursuant to this resolution shall be repaid out of current revenue received hereafter by the General Fund, and not later than July 1, 1972 or thereabout.
ADOPTED MARCH 13, 1972
COLLEGE SETTLEMENT LOTS
A hearing has been set before the Condemnation Commissioners on April 11, 1972 concerning lots 24, 25 and 26 in College Settlement that the City of Dover has condemned. At this time the City of Dover must present evidence by a qualified real estate appraiser as to the fair market value of these lots. On motion of Mr. Hayes, seconded by Mr. Walls, Council directed the Acting City Manager to secure the services of such an appraiser to represent the interest of the City of Dover.
MRS. BEULAH FREAR STEVENSON ASSESSMENT
The property located at 229 North Bradford Street owned by Mrs. Beulah Frear Stevenson was appraised in 1966 for $17,500. The assessment on this property would be $10,500, based on 60% of the appraised value. The assessed value charged to the taxpayer since 1966 has been $15,500 which represents an annual tax overcharge of $45.00. A request has been received for a refund of this overcharge for the past six years. The Tax Assessor has researched this and agrees that a refund is due Mrs. Stevenson. On motion of Mr. Hayes, seconded by Mr. Muir, Council directed that such a refund be made.
HOSPITAL CURBS ON GOVERNORS AVENUE
The hospital is ready to start construction of curbs and sidewalks on their property located South Governors Avenue at the rear of the new construction. Mr. Roe, Building Inspector stated that a curb line must be established for them to proceed. On motion of Mr. Hayes, seconded by Mr. Muir, Council directed the Building Inspector, Acting City Manager and Chief of Police meet with Mr. Maurice W. J. Abraham to lay out the curb line for this construction.
COUNCIL ADJOURNED AT 10:05 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of March 13, 1972 are hereby approved.
Crawford J. Carroll
Mayor
MARCH 14, 1972