REGULAR MEETING
July 12, 1971
The regular meeting of City Council was held on Monday, July 12, 1971 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Hayes, Coyle, Holmes, Holpp, Legates, Muir and Walls.
The invocation was said by the Rev. Milner of the Hartly Methodist Church.
MINUTES
The minutes of the regular meeting of City Council held on June 28, 1971 were accepted and bore the written approval of Mayor Carroll.
REPORTS
The Chief of Police report for the month of June was accepted.
The Building Inspector & Fire Marshal report for the month of June was accepted.
The City Planner report for the month of June was accepted.
Alderman report for the month of June was accepted. Fines in the amount of $362.20 were remitted.
J. P. Court #7 report for the month of June was accepted. Fines in the amount of 7,032.61 attached.
Cash Receipts, General Fund, for the month of June were accepted.
Budget Report, General Fund, for the month of May was accepted.
Cash Receipts, Electric Revenue Fund, for the month of June were accepted.
Cash Receipts, Electric Improvement Fund, for the month of June were accepted.
City Manager Report for the month of June was accepted.
WHITE OAK TAX DITCH
A meeting was recently held with City Officials and the State Soil Conservation Department concerning the ditch that runs from behind White Oak Development southeastward toward Little Creek. This area has been of some concern to the City and State with the hope of creating a tax ditch to resolve this problem. Mr. Fred Mott, of the Soil Conservation Department, stated that the approximate cost of this project would be $46,000, with a possibility of the State and County paying upto 75% of the cost and either the City or the adjoining property owners paying the balance. This must first be put up to a referendum of the affected property owners to determine if they desire such a tax ditch. Mr. Mott stated that this referendum will be held in the near future, pending the completion of plans and other details. On motion of Mr. Legates, seconded by Mr. Walls, Council directed the City Manager to write a letter to the City of Dover residents and property owners that are directly affected by the proposed tax ditch, bringing them up to date on the developments that have taken place and what will be taking place in the near future.
SCHOOLVIEW DITCH
In this meeting with the Soil Conservation Department, Mr. Mott stated that the ditch that runs southerly adjacent to the Schoolview Development, has been surveyed by his department and he is of the opinion that this area might also be developed by his department, but that the legal work must be started by the City of Dover in the courts as soon as possible. This ditch has a direct affect on the proposed site of the Little League Park on Horsepond Road, and any decision made is pertinent to the development of this facility. On motion of Mr. Legates, seconded by Mr. Coyle, Council directed that the Acting City Manager file a petition in Superior Court to create a tax ditch in the abovementioned area.
PROJECT 50
Bids were received this date on Project 50, 1971 Street Program, for the City of Dover. Three bids were received with the low bidder being Warren Brothers at a price of $64,265.00. On motion of Mr. Walls, seconded by Mr. Holpp, Council by unanimous roll call vote awarded the contract for Project 50 to the low bidder, Warren Brothers. This project will be financed through the Municipal Street Aid Fund.
PROJECT 50-A
Bids were received this date on Project 50-A, 1971 Hot Mix Requirements, for the City of Dover. Three bids were received with the low bidder being Warren Brothers at a price of $45,880.00. On motion of Mr. Walls, seconded by Mr. Holpp, Council by unanimous roll call vote awarded the contract for Project 50-A to the low bidder Warren Brothers. This project will be financed through the Municipal Street Aid Fund.
ZONING CODE AMENDMENT, RG-4 ZONE
A public hearing was duly advertised for this time and place to consider the amending of the Zoning Ordinance that would amend the off-street parking requirements for the RG-4 Zone. Mayor Carroll declared the hearing opened. No one was present to speak for or against the amendment. Mayor Carroll declared the hearing closed. On motion of Mr. Coyle, seconded by Mr. Hayes, 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 Article IV, Section 4.13A, Bulk and Parking Restrictions for General Residence Zone for Multi-Story Apartments (RG-4) is amended by deleting the Minimum Required: Off-Street Parking Spaces/DU of “1/DU” and inserting in lieu thereof “2/DU”.
ADOPTED JULY 12, 1971
JOHNSON REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of the property located at 818-822 South State Street. Mayor Carroll declared the hearing opened. No one 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. Hayes, seconded by Mr. Biggs, 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 AT 818-822 SOUTH STATE STREET FROM R-8 TO C-1A USE.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use from R-8 to C-1A 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 Map and Zoning Ordinance of the City of Dover shall be amended by changing the zoning designation from R-8 to C-1A on that property located at 828-822 South State Street, owned by Sadie Johnson, and containing approximately 25,500 square feet.
ADOPTED JULY 12, 1971
SHIVICK REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of property located at the northeast corner of Webbs Lane and Garton Road. Mayor Carroll declared the hearing opened. No one 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. Legates, seconded by Mr. Hayes, 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 THE NORTHEAST CORNER OF WEBBS LANE AND GARTON ROAD FROM R-20 TO C-1A USE.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within te 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 C-1A 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 Map and Zoning Ordinance of the City of Dover shall be amended by changing the zoning designation from R-20 to C-1A on that property located on the northeast corner of Webbs Lane and Garton Road, owned by Frank Shivick, equitable owner being Johnnie Ford, and containing approximately 30,000 square feet.
ADOPTED JULY 12, 1971
BENTLEY REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of property located on the east side of Leipsic Road, south of Persimmon Tree Lane. Mayor Carroll declared the hearing opened. No one 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. Coyle, 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 THE EASTSIDE OF LEIPSIC ROAD, SOUTH OF PERSIMMON TREE LANE FROM R-20 TO RG-2 USE.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within te 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 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 Map and Zoning Ordinance of the City of Dover shall be amended by changing the zoning designation from R-20 to RG-2 on that property located on the eastside of Leipsic Road, south of Persimmon Tree Lane, owned by John F. Bentley and containing approximately 9.67 acres.
ADOPTED JULY 12, 1971
CARLISLE LAND REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of property located on the northside of Walker Road, owned by Carlisle Lane Inc. Mayor Carroll declared the hearing opened. Mr. Francis DiMondi, representing Carlisle Land, Inc., was present and spoke on behalf of the rezoning. No one 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. Hayes, 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 THE NORTHSIDE OF WALKER ROAD, FROM R-20 O RG-2 AND RG-3 USE.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within te 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 AND RG-3 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 Map and Zoning Ordinance of the City of Dover shall be amended by changing the zoning designation from R-20 to RG-3 on that property located on the northside of Walker Road, owned by Carlisle Land, Inc., and containing approximately 23.45 acres.
ADOPTED JULY 12, 1971
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee meeting held on July 6, 1971 was presented by Chairman Walls. On motion of Mr. Hayes, seconded by Mr. Biggs, Council accepted the report as presented.
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playgrounds & Trees Committee meeting held on July 6, 1971 was presented by Chairman Walls. On motion of Mr. Hayes, seconded by Mr. Holmes, Council accepted the report as presented.
COMMITTEE OF COMMITTEES
A written report of the Committee of Committees meeting held on July 6, 1971 was presented by Chairman Hayes. On motion of Mr. Legates, seconded by Mr. Walls, Council accepted the report as presented.
CITY HALL DOWNSPOUTS
A recommendation has been received from the Committee of Committees that steps be taken to have the downspouts on City Hall either repaired or plugged and if necessary have new downspouts installed on the outside of the building. On motion of Mr. Coyle, seconded by Mr. Hayes, Council directed the Acting City Manager to obtain bids for this work and submit them to Council for their approval.
HEDGE OBSTRUCTIONS
A problem presently exists throughout the City with hedges and other plantings near intersections of streets and alleys that cause obstructions to traffic both vehicular and pedestrian. Mr. Roe, Building Inspector, has surveyed the City and presented a list to Council of this violations throughout Dover. On motion of Mr. Legates, seconded by Mr. Hayes, Council directed that the Chief of Police survey this list and that the Councilmen also check out this list and that this matter be deferred until the next Council meeting pending a report from the Chief of Police.
LEGISLATIVE & FINANCE, WAGES & HOURS COMMITTEE
A written report of the Legislative & Finance, Wages & Hours Committee meeting held on July 6, 1971 was presented by Chairman Hayes. On motion of Mr. Legates, seconded by Mr. Coyle, Council accepted the report as presented.
LEGAL HOLIDAYS
A recommendation has been received from the Wages & Hours Committee that the employees of the City of Dover be given two additional holidays commencing this year. These two holidays would be Good Friday and Veterans Day, to be observed on November 11th. This will now make the total holidays received by the City of Dover employees to be eight per year. On motion of Mr. Walls, seconded by Mr. Coyle, Council by unanimous roll call vote accepted the recommendation of the Wages & Hours Committee as outlined above.
WAGE COMPENSATION - ACTING CITY MANAGER
The Wages & Hours Committee has recommended that the salary of the Acting City Manager be adjusted during the absence of the City Manager due to sick leave. The additional compensation recommended is $25 per week, effective July 1, 1971, and will terminate upon the return tp full time duty of the City Manager. On motion of Mr. Walls, seconded by Mr. Coyle, Council by unanimous roll call vote accepted the recommendation of the Wages & Hours Committee as outlined above.
PLANNING COMMISSION APPOINTMENTS
Two vacancies have been created on the City of Dover Planning Commission by virtue of the resignations of Mr. Harry R. Jackson and Judge William J. Storey. On motion of Mr. Hayes, seconded by Mr. Biggs, Council accepted the recommendation of Mayor Carroll and appointed Mr. Richard Holland, whose term will expire February 28, 1974 and Mr. Frederick A. Brittan, whose term will expire February 28, 1973.
DSN PROGRESS EDITION
A re-drawn copy of the ad that will be placed in this year’s Delaware State News Progress Edition was presented to Council for their comments and approval. The recommended additions requested by Council were included in this ad form. A portion of this ad is available for three pictures in addition to the other information contained in the ad. On motion of Mr. Legates, seconded by Mr. Coyle, Council directed that a full page ad in this edition be subscribed to, and that the Acting City Manager be directed to obtain the necessary pictures to fill out the proposed ad.
DOVER DOWN AD
A letter was received from Dover Down in connection with the upcoming auto race “Delaware 500" to be held at Dover Downs on October 17, 1971. This request was for an ad to be placed in their program to be sold at this race. On motion of Mr. Hayes, seconded by Mr. Coyle, Council referred this request to the Utility Committee for their study and recommendation.
DELMARVA WAREHOUSES LOADING RAMP
Mr. Douglas Harris, owner of Delmarva Warehouses, has requested permission to construct a temporary or permanent loading and/or unloading ramp in the right-of-way of Williams Street adjacent to the Railroad, and adjacent to one of his present warehouses. If this ramp were constructed as planed it would effect certain utilities in the area. On motion of Mr. Hayes, seconded by Mr. Legates, Council requested a diagram of these Utilities, and referred this to the Safety Advisory Committee for their study and recommendation.
PARADE PERMIT REQUEST FOR REPEAL
Mr. Peter Feliceangeli, representing a group of concerned citizens, was present and requested that Council repeal or amend the present requirement for a permit as outlined under the Parade and Assembly Ordinance, Article II, Section 6-4 of the City of Dover Code. Their feeling is that this section of the Code is unconstitutional and should be repealed. Mr. Rodriguez, City Solicitor stated that he felt that this ordinance was not unconstitutional, that it was definitely needed by the City, and that it was a very good ordinance, and much needed by the Police Department. Mr. Feliceangeli presented a petition signed by citizens of the City of Dover objected to this ordinance, and once again requested action be taken on this matter. Mayor Carroll then thanked these people for appearing this evening, and acknowledged receipt of their request and petition.
COUNCIL ADJOURNED AT 9:40 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of July 12, 1971 are hereby approved.
JULY 13, 1971 Crawford J. Carroll Mayor