REGULAR MEETING
February 28, 1972
The regular meeting of City Council was held on Monday, February 28, 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 the Rev. Frederick C. Seyfert of Wesley United Methodist Church.
MINUTES
The minutes of the Annual Organization Meeting held on February 14, 1972 were accepted and bore the written approval of Mayor Carroll.
J.P. COURT #7
The monthly report of the J.P. Court #7 for the month of January, 1972 was presented to Council along with a check in the amount of $7,934.17. The deferred payments due the City of Dover as of January 31, 1972 amount to $23,597.81. On motion of Mr. Hayes, seconded by Mr. Holpp, Council accepted the report as presented.
LEGISLATIVE & FINANCE COMMITTEE
A written report of the Legislative & Finance Committee meeting held on February 21, 1972 was presented by Chairman Hayes. On motion of Mr. Biggs, seconded by Mr. Walls, Council accepted the report as presented.
POLICE PAY RAISE
A recommendation has been received from the Legislative & Finance Committee to raise the salaries of the sworn policemen of the City of Dover Police Department retroactive to January 1, 1972 pending receipt of grant monies for this purpose from the Delaware Agency to Reduce Crime. These raises would cover an eighteen (18) moth period from January 1, 1972 through June 30, 1973. It was further recommended that all cost of living increases granted to these policemen since January 1, 1972 be refunded to the City. On motion of Mr. Muir, seconded by Mr. Biggs, Council approved the above recommendations of the Legislative and Finance Committee.
PENSION FUNDS
A recommendation was received from the Legislative & Finance Committee that he two pension funds maintained by the City of Dover for the Police Department and the General Employees be investigated as to the investments that are being made and the progress of these funds. On motion of Mr. Walls, seconded by Mr. Harris, Council approved the abovementioned recommendation and a report will be made available to Council upon its receipt from the Trust Department of the Bank of Delaware.
ANNEXATION RESULTS
The Election Officials of Kent County certified to Council the results of the referendum elections held on February 26, 1972 as follows:
1. 254 Webbs Lane FOR ANNEXATION 0 Votes
AGAINST ANNEXATION 0 Votes
2. South side of Hartly Road between Saulsbury and Mifflin Roads.
FOR ANNEXATION 691 Votes
AGAINST ANNEXATION 1565 Votes
3. South of Wyoming Avenue, between State Street and Governors Avenue to Elton’s Florist.
FOR ANNEXATION 848 Votes
AGAINST ANNEXATION 2697 Votes
4. South of Wyoming Avenue between State Street and Governors Avenue north of Puncheon Run.
FOR ANNEXATION 848 Votes
AGAINST ANNEXATION 2637 Votes
5. South of Puncheon Run, east of Governors Avenue to Elton’s Florist.
FOR ANNEXATION 0 Votes
AGAINST ANNEXATION 508 Votes
On motion of Mr. Holpp, seconded by Mr. Legates, Council accepted the results of the above referendums as certified by the Election Officials.
PLANNING COMMISSION APPOINTMENTS
On motion of Mr. Hayes, seconded by Mr. Muir, Council confirmed the Mayor’s appointments of Mr. A. Barrett Cullen, Mrs. John Bivens and Mr. Gilbert Shank to three-year terms on the City of Dover Planning Commission, these reappointments to expire on February 28, 1975.
PARKING ORDINANCES
On motion of Mr. Hayes, seconded by Mr. Legates, Council by unanimous roll call vote adopted the following parking ordinances.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Chapter 31 - Article X
Sec. 31-55.1 Parking facing oncoming traffic prohibited. - It shall be unlawful for any person to park any vehicle on the left hand side of any street, so that it is parked facing oncoming traffic. However, this ordinance shall not apply to one-way streets.
Sec. 31-55.2 Parking on sidewalk prohibited. - It shall be unlawful for any person to park any vehicle on or across any sidewalk in the City.
ADOPTED FEBRUARY 28, 1972
CLEMINSHAW REAPPRAISALS
Mr. William Amundsen, of the J.M. Cleminshaw Company, was present and addressed Council stating that they have completed the appraisal that was contracted by the City of Dover and that all letters regarding inquest by property owners at their informal hearings will be mailed to the property owners no later than tomorrow, February 29, 1972. There were approximately 650 property owners present at their hearings. Mr. Weinstein, City Assessor, stated that they have been given the figures and are presently compiling them in the Tax Department and Appeals Committee will be appointed at the meeting of March 13, 1972 and also dates will be set for the Appeals. Formal notices of assessment will be mailed to all property owners in the City of Dover on or about March 15, 1972.
STOCKTON DEVELOPMENT REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land owned by the Stockton Development Company located on White Oak Road from C-1 to C-1A. Mayor Carroll declared the hearing opened. Mr. Bruce Ennis, representing the owner, was present and addressed Council requesting that they not accept the recommendation of the Planning Commission, which was for denial of this request. No one else was present to speak for or against the rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Legates, seconded by Mr. Biggs, Council by a roll call vote of 7 ‘yes’ and 1 ‘no’, Mr. Harris, accepted the recommendation of the Planning Commission and denied the rezoning request.
PARKER REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on the South Little Creek Road, owned by Louis J. Parker, from R-20 to RG-2. Mayor Carroll declared the hearing opened. Mr. Walt Ellis, representing the owner, was present and spoke on behalf of the rezoning. No one else was present to speak for or against the rezoning. The Planning Commission has unanimously recommended approval of this request. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Hayes, Council 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 SOUTH LITTLE CREEK ROAD, OWNED BY LOUIS J. PARKER, FROM R-20 TO RG-2.
WHEREAS, The City of Dover has enacted the zoning ordinance and 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 on that land 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 the north side of South Little Creek Road, owned by Louis J. Parker, from R-20 to RG-2, and containing approximately 22.8 acres.
ADOPTED FEBRUARY 28, 1972
O’KEEF REZONING
A request has been received by Council on February 14, 1972 to rezone land they own located on Saulsbury Road. Council set a public hearing for March 13, 1972 on this request. At this time a letter was received requesting the withdraw of that petition on behalf of Mr. O’Keef and a new petition submitted by Capital Broadcasting Corp. for rezoning.
CAPITAL BROADCASTING REZONING
A request has been received from Capital Broadcasting Corp. to rezone land they own located on Saulsbury Road. A public hearing is required prior to amending the Zoning Ordinance and Map. On motion of Mr. Hayes, 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 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 westside of Saulsbury 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 be held in City Hall at 8:00 P.M. on March 27, 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-3 that land located on the westside of Saulsbury Road, owned by Capital Broadcasting Corp., equitable owner being Speakman Company, and containing approximately 2.6 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED FEBRUARY 28, 1972
JOHN HUNN BROWN REZONING
A request has been received from John Hunn Brown to rezone land he owns located on East Loockerman Street. A public hearing is required prior to amending the Zoning Ordinance and Map. On motion of Mr. Walls, seconded by Mr. Holmes, 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 the south side of East Loockerman Street is presently zoned for R-8 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 8:05 P.M. on March 27, 1972 on a proposed amendment to the Zoning Ordinance and Map of the City of Dover that would rezone from R-8 to C-4 that land located on the southside of East Loockerman Street, 250' east of U.S. Route 13, owned by John Hunn Brown and containing approximately 1.66 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED FEBRUARY 28, 1972
CHICKEN FESTIVAL AD
A request was received from the Chicken Festival Program Book Committee to invite the City to participate in their program booklet. On motion of Mr. Harris, seconded by Mr. Legates, Council directed the City Manager’s Office contact the Program Book Committee and procure a suitable ad for the City of Dover.
CHAMBER OF COMMERCE
The Chamber of Commerce is preparing a booklet containing information and a map about Dover and the surrounding area. They have asked the City if they wish to procure and ad in this booklet. A full page color as cost $320. On motion of Mr. Holpp, seconded by Mr. Harris, Council directed that a full-page color ad be taken in this booklet.
NATE COHEN LETTER
A letter was received from Mr. Nate Cohen expressing his satisfaction to the Mayor for his “State of The City” Address and for his being a part of the City of Dover. He further offered his consulting services to the City on any help he might be in seeing the Mayor’s envision of a Dover Civic Center come true.
KENT COUNTY AIRPORT
A letter was received from the Kent County Levy Court requesting the presence of the Mayor and Council or a City representative at the Levy Court meeting of February 29, 1972 to discuss the City of Dover’s participation in a proposed Municipal Airport. On motion of Mr. Biggs, seconded by Mr. Muir, Council requested a representative of the City Manager’s Office attend the Levy Court meeting on February 29, 1972 on behalf of the City of Dover.
WAREHOUSE - CHANGE ORDER
A change order on the construction of the new warehouse has been requested at this time. This change order would permit the installation of rain gutters and spouts on the rear of the building to eliminate water damage that might occur. These spouts were deleted from the original contract and could be installed for approximately $885. On motion of Mr. Hayes, seconded by Mr. Harris, Council by unanimous vote okayed the abovementioned change order.
PUBLIC BATHROOMS - CITY HALL
Due to the closing of City Hall for office purposes and the condition that the outside public bathrooms are constantly left in by the public, the Building Inspector has requested permission to permanently close these facilities. On motion of Mr. Hayes, seconded by Mr. Walls, Council granted permission to the Building Inspector to permanently close the outside public bathroom facilities in the City Hall building.
CAST IRON PIPE SUIT
A suit is being brought against approximately nine (9) cast iron pipe manufacturers, primarily for price fixing. This suit covers a period of from 1945 to present, and was originally instituted in a District Court in Alabama. The Attorney General of the State of Delaware is a part of this original suit and on behalf of all the governmental agencies within the State of Delaware. A request has been made that all the governmental agencies of the State participate in the cost of the suit and thereby would also participate in any awards that would be made pending a favorable outcome of this legal action. The City is not required to participate, but the feeling of the City Solicitor is that the fee would probably be nominal, and that he recommends that the City should participate. After considerable discussion by Council, a motion was made by Mr. Harris, and seconded by Mr. Holpp, that action on this matter be deferred until the next Council meeting pending receipt from the City Solicitor on certain questions asked by Council.
KENT COUNTY THEATER GUILD
A request has been received from the Kent County Theater Guild to move the St. John’s Lutheran Church Building from its present location on Lotus Street to a vacant lot on Roosevelt Avenue, east of U.S. Route 13, owned by Mrs. Brady Abbott. Prior to granting this permission, Council must hold a public hearing on moving a building within the City limits. On motion of Mr. Legates, seconded by Mr. Walls, Council directed that property owners within 300' of the lot on Roosevelt Avenue be notified, as per ordinance, and that the public hearing be held at 8:00 P.M. on Monday, March 13, 1972 in City Hall, Council Chambers.
ZONING MAP - CONFERENCE ROOM
The Zoning Map in the Conference Room, used by the Staff and Planning Commission, is in need of updating. The Planning Commission has requested that this be done. The Zoning Ordinance states that the Building Inspector has the responsibility for keeping the map current. It was suggested at this time that the City Planner assume this responsibility. On motion of Mr. Hayes, seconded by Mr. Holmes, Council requested that an ordinance be drawn to change the responsibility of keeping the Zoning Map current, from the Building Inspector to the City Planner.
COUNCIL ADJOURNED AT 9:05 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of February 28, 1972 are hereby approved.
Crawford J. Carroll
Mayor
FEBRUARY 29, 1972