REGULAR MEETING
March 8, 1971
The regular meeting of City Council was held on Monday, March 8, 1971 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Coyle, Hayes, Holmes, Holpp, Legates, Muir and Walls.
The invocation was said by the Rev. Robert Bruce of Peoples Church.
MINUTES
The minutes of the regular meeting of City Council held on February 22, 1971 were accepted and bore the written approval of Mayor Carroll.
OATH OF OFFICE - JAMES P. MUIR
The Honorable William J. Storey, Resident Associate Judge of the Superior Court, administered the oath of office to Mr. James P. Muir. Mr. Muir was appointed to fill the unexpired term of the late Turner B. Hastings, Councilman from the Third District. This term expires in February, 1972.
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 $758.00 were remitted.
Budget Report, General Fund, for the month of January was accepted.
Cash Receipts, General Fund, for the month of February was accepted.
Cash Receipts, Electric Revenue Fund, for the month of February was accepted.
Cash Receipts, Electric Improvement Fund, for the month of February was accepted.
City Manager report for the month of February was accepted.
PAUL REZONING
A request had been received from the Paul Land Development Corporation to rezone a strip of land they own on the west side of U.S. Route 13 between River Road and the St. Jones River, leading into an apartment complex they have planned to develop. A public hearing was duly advertised for this time and place. 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. Biggs, seconded by Mr. Coyle, 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 WEST SIDE OF U.S. ROUTE 13, BETWEEN RIVER ROAD AND THE ST. JONES RIVER, OWNED BY THE PAUL LAND DEVELOPMENT CORPORATION, FROM C-4 TO RG-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 from C-4 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 Map and Ordinance of the City of Dover shall be amended by changing the zoning designation from C-4 to RG-2 on that property located on the west side of U.S. Route 13, between River Road and the St. Jones River, measuring 60' x 200' , and owned by the Paul Land Development Corporation.
ADOPTED MARCH 8, 1971
BUCKSON REZONING
A request had been received from Mr. David P. Buckson and Mr. Edward H. Richardson to rezone a parcel of land they own located on the northeast corner of the Hartly and Kenton Roads. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. Mrs. Mary Allice Bivens, a member of the City of Dover Planning Commission, was present and read a statement to the Council as to her personal objections to the rezoning of this parcel of land for commercial use. Mr. David P. Buckson and Mr. David Peirson, representing the owners and proposed developer, were present and spoke on behalf of the rezoning. The Planning Commission has recommended approval of this request as submitted. Mr. Nicholas Brown, City Planner, spoke to Council on his reasons why he recommended to the Planning Commission that this request be denied. No one else was present to speak for or against the rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Holmes, Council by a roll call vote of 7 ‘yes’ and 1 ‘no’ Mr. 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 ON THE NORTHEAST CORNER OF THE HARTLY ROAD AND THE KENTON ROAD, FROM RG-2, R-8 AND R-20 TO C-4 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-2, R-8 and R-20 to C-4 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 Map and Ordinance of the City of Dover shall be amended by changing the zoning designation from RG-2, R-8 and R-20 on that property located on the northeast corner of the Hartly and Kenton Roads, owned by Mr. David P. Buckson, and Mr. Edward H. Richardson, and containing approximately 31 acres.
ADOPTED MARCH 8, 1971
EASTERN SHORE GAS COMPANY
A request has been received from the Eastern Shore Natural Gas Company for permission to install a 10" gas line through the City along the proposed route of Saulsbury and McKee Road, North Street, West Street and New Burton Road to Webbs Lane vicinity. This line would be installed in the public right-of-way within the City limits. An agreement has been presented to the City for their consideration. On motion of Mr. Legates, seconded by Mr. Hayes, Council referred this request to the Utility Committee for their consideration and recommendation to Council.
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee meeting held on March 1, 1971 was presented to Council by Chairman Walls. On motion of Mr. Holpp, 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 march 1, 1971 was presented by Chairman Walls. On motion of Mr. Holmes, seconded by Mr. Legates, Council accepted the report as presented.
POLITE-KAHL PROPERTY
The requests of Mr. Howard Kahl and Mr. Edward Polite to sell their properties to the City of Dover had been referred to the Parks Committee. Mr. Kahl desires a price of $53,500 for approximately 3.5 acres and Mr. Polite desires a price of $28,750 for approximately 1.26 acres, plus the opportunity to remove the house, garage and shrubbery if sold to the City. The general feeling of the Committee on this request was that the price was excessive for these properties. The Committee recommended to Council that these requests be denied, but asked that the City Manager be authorized to negotiate with both Mr. Kahl and Mr. Polite on the price. On motion of Mr. Holpp, seconded by Mr. Hayes, Council approved the recommendation of the Parks Committee and granted said permission to the City Manager.
UTILITY COMMITTEE
A written report of the Utility Committee meeting held on February 23, 1971 was presented by Chairman Holpp. On motion of Mr. Legates, seconded by Mr. Walls, Council accepted the report as presented.
SPCA ELECTRIC CHARGES
A request had been received from the SPCA located on Horsepond Road for a change in electric rate for current furnished their facilities. They have two structures on this location and are requesting that they be change to a billing on residential rates. Similar organizations in Dover are billed on a commercial rate, and the Utility Committee sees no reason at this time to change the SPCA and set a precedent. The recommendation of the Committee is that this facility remain on the commercial rate, but that the consumption of both meters be added and billed as one so that the higher steps of the rate are gone through only once. On motion of Mr. Hayes, seconded by Mr. Walls, Council approved the recommendation of the Utility Committee.
COMMITTEE OF COMMITTEES
A written report of the Committee of Committees meeting held on February 24, 1971 was presented by Chairman Hayes. On motion of Mr. Walls, seconded by Mr. Coyle, Council accepted the report as presented.
COMBINED CITY-COUNTY BUILDING
The Committee of Committees met to discuss the possibility of the City and County getting together in the combined construction of a new building that would house both governing bodies. Mr. John T. McKenna, representing the Kent County Levy Court was present and stated that he would attempt to get the space requirements that would be needed by the County by the latter part of March so another meeting could be held to further discuss this possibility. Mr. Hayes, Committee Chairman, stated at this time that Mr. McKenna had been in contact with the City since the Committee meeting and stated that the County wasn’t in a position to have the necessary information for quite some time and his personal feeling was that after talking to some of the Levy Court Commissioners, that they were not in favor of such a project. Mr. Hayes then stated that the Committee of Committees would meet one night this week to look into the possibility of immediate plans to renovate the WSFS Building and/or construction plans for a new City Hall.
TAX APPEALS COMMITTEE AND APPEALS DATES
On motion of Mr. Hayes, seconded by Mr. Coyle, Council set the dates for the Tax Appeals hearings as follows: April 5, 1971 and April 12, 1971 from 1:00 P.M. to 4:00 P.M. and at the regularly scheduled Council meeting of April 12, 1971 at 8:00 P.M. Councilman Hayes, Holmes and Holpp were appointed to serve as the Tax Appeals Committee for the year of 1971.
COMMITTEE APPOINTMENTS
On motion of Mr. Hayes, seconded by Mr. Walls, Council confirmed the recommendation of Mayor Carroll on the following Committee Appointments.
SAFETY ADVISORY COMMITTEE: Councilman Walls, Chairman and Councilmen Coyle and Holmes
PARKS, PLAYGROUNDS & TREES COMMITTEE: Councilman Walls, Chairman and Councilmen Coyle and Holmes, Mr. James C. Hardcastle and Mr. Patrick Knight
LEGISLATIVE & FINANCE, WAGES & HOURS COMMITTEE: Councilman Hayes, Chairman and Councilmen Biggs and Legates
UTILITY COMMITTEE: Councilman Holpp, Chairman, Mayor Carroll and Councilmen Biggs and Muir
BUILDING, HOUSING & PLUMBING CODE COMMITTEE: Councilman Biggs, Chairman and Councilmen Holpp and Muir
BUILDING CODE APPEALS COMMITTEE: City Manager Neylan and Councilmen Hayes and Legates
COMMITTEE OF COMMITTEES: Councilman Hayes, Chairman and Councilmen Biggs, Holpp and Walls
PROJECT 48 - SEWER AND WATER
Bids were received today on Project 48, an extension of sewer and water services in the City of Dover. This project includes the construction of water lines along Walker Road from McKee Road to Kenton Road, along Kenton Road from College Road to Hartly Road and along Hartly Road from Kenton Road to Saulsbury Road and the construction of sewer lines along Walker Road from McKee Road to Kenton Road; construction of sewer and water lines along South Little Creek Road from the vicinity of the Country Village Apartments to the existing City limits; and the construction of sewer and water lines along Persimmon Tree Lane easterly from the Leipsic Road. The low bidder on the project was Teal Construction Company with a bid price of $355,660. Discussion followed on the possibility of the Persimmon Tree Lane project not being undertaken at this time. On motion of Mr. Hayes, seconded by Mr. Legates, Council by a unanimous roll call vote awarded the contract on Project 48 to the low bidder, Teal Construction Company, at the bid price of $249,285, this price eliminating the alternate bid for work on Persimmon Tree Lane. Assessments of the front foot cost for this project will be assessed against the abutting property owners, such assessments to be recorded in the Municipal Lien Docket of the City of Dover.
POLICE PERSONNEL INCREASE
A Drinking Drivers Program has been implemented under a Federal Aid program that would crack down on the auto operators that are driving under the influence. The Dover Police Department has applied for such a grant, and upon acceptance, would necessitate the hiring of four (4) additional patrolmen to implement this program. The monies received from this grant would pay the salaries, training expenses and equipment expenses for these additional personnel for a three-year period. On motion of Mr. Hayes, seconded by Mr. Walls, Council authorized the increase in sworn police personnel from 48 to 52 men.
DOVER PUBLIC LIBRARY
A letter was received from the Dover Public Library regarding a request that was made last year for help from the City of Dover in the maintenance of the Library grounds. On motion of Mr. Hayes, seconded by Mr. Holpp, Council referred this request to the Parks, Playgrounds & Trees Committee for their consideration and recommendation.
GERIATRIC SERVICES OF DELAWARE
Senator Melvin A. Slawik, Executive Director of The Geriatrics Services of Delaware, was present, in addition to other representatives of this organization, and spoke on the programs and services that are provided by the organization. He stated that they gain funds to operate these services from fund drives, and State and Federal Grants. A charge is also made, showing some of the services at work in this program. Mr. Thomas Wyatt, Kent County Director, then addressed Council and asked for their support in making this program a going thing in the Kent County area. Mr. Wyatt then introduced the local directors that are attempting to get this organization going in this area.
DOVER JAYCEES - “DO SOMETHING”
The Dover Jaycees were present and informed the Council of a project that they have started in this area entitled “DO SOMETHING”. This project is aimed at involving people to strengthen their community, regardless of their age. Mr. Russell Metheny, Jaycees President, outlined the project and asked for the moral support and cooperation of the City Council in boosting this program.
PARKING ORDINANCE
A request has been received from the Little School and the Synagogue to provide no parking spaces in front of both locations on North Queen Street. On motion of Mr. Legates, seconded by Mr. Holpp, Council by a unanimous roll call vote adopted the following ordinance.
PARKING ORDINANCE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That no parking zones shall be located in the following described areas prohibiting the parking of all vehicles at all hours. Said zones to be located by a painted yellow curb.
1. On the West side of North Queen Street an area approximately forty feet in length in front of the synagogue.
2. On the west side of North Queen Street an area approximately thirty feet in length just north of the driveway or entrance into the Little School.
ADOPTED MARCH 8, 1971
COUNCIL ADJOURNED AT 10:30 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of March 8, 1971 are hereby approved.
MARCH 9, 1971 Crawford J. Carroll Mayor