REGULAR MEETING
November 23, 1970
The regular meeting of City Council was held on Monday, November 23, 1970 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Coyle, Hastings, Hayes, Holpp, Holmes, Legates and Walls.
MINUTES
The minutes of the regular meeting of City Council held on November 9, 1970 were accepted and bore the written approval of Mayor Carroll.
UTILITY COMMITTEE
A written report of the Utility Committee meeting held on November 18, 1970 was presented by Chairman Holpp. On motion of Mr. Holmes, seconded by Mr. Hastings, Council accepted the report as presented.
CARVER ROAD WATER & SEWER LINES
The Utility Committee has recommended the installation of sewer and water lines in Carver Road from Forest Street through to Saulsbury Road. The Committee has received an estimate of $8,000 for the installation of the water and sewer lines, if constructed by the City forces. On motion of Mr. Coyle, seconded by Mr. Hayes, Council approved the recommendation of the Utility Committee, directing the City forces to installation said water and sewer lines.
MOBILE HOME PARK SEWER & WATER
The Utility Committee considered the extension of sewer and water facilities to the two mobile home parks to be constructed on South Little Creek Road and Persimmon Tree Lane. The Committee recommends that water lines be installed on Persimmon Tree Lane and South Little Creek Road and that the usual front foot charges be made to the abutting property owners. In so far as the sewer facility to service these mobile home parks, pumping stations will be installed by the developers and turned over to the use of the City at such time as sewer from other areas is drained into these stations. The City will install force mains from the pumping station back to the City sewer lines to the west. The cost of the force main in the South Little Creek Road will be approximately $15,000 and the Persimmon Tree Lane area approximately $35,000. The Committee recommends that the City proceed with these projects with front foot charges to be made for the water lines and the formula worked out whereby a portion of the cost of the force mains will be assessed against each property which will eventually be served by the force mains. On motion of Mr. Hastings, seconded by Mr. Biggs, Council approved the recommendation of the Utility Committee as outlined above.
LEGISLATIVE & FINANCE, WAGES & HOURS COMMITTEE
A written report of the Legislative & Finance, Wages & Hours Committee meeting held on November 16, 1970 was presented by Chairman Hayes. On motion of Mr. Coyle, seconded by Mr. Walls, Council accepted the report as presented.
ASSISTANT CITY MANAGER JOB CLASSIFICATION
A pay grade and job classification for the position of Assistant City Manager has been proposed by the Wages & Hours Committee. The position will be classified under Salary Grade G-24 with the title of “Assistant City Manager” and that the requirements of the position be as listed on the attached Job Description to these minutes. On motion of Mr. Walls, seconded by Mr. Coyle, Council by a unanimous roll call vote adopted the recommendation of the Wages & Hours Committee in the establishment of the job classification of Assistant City Manager. City Manager Neylan stated that this position will be filled by Mr. William T. James, present City Assessor, effective January 1, 1971. At the same time, Mr. James will retain supervision of the City of Dover Ambulance Service, under the direction of the City Manager’s office.
Mr. Julius Weinstein has been recommended to fill the vacancy to be created the appointment of Mr. James as the Assistant City Manager. Mr. Weinstein’s appointment as City Assessor will take place the first meeting of December, as outlined in the Charter.
CITY ALDERMAN
On motion of Mr. Hayes, seconded by Mr. Holmes, Council by unanimous vote appointed Mr. Jay R. Dougherty, City Clerk & Treasurer, to fill the vacancy of City Alderman from the period of January 1, 1971 until the first meeting in February, the Annual Meeting. It is at this time that the regular appointment of the City Alderman is made.
CHIEF OF INSPECTIONS
The Wages & Hours Committee has recommended that Mr. Jack T. Roe, Chief of Inspections, be granted an increase of one step in his present salary range effective this date. The increase is recommended due to the fact that Mr. Roe is currently filling the duties of the City Planner during the lack of a Planner. On motion of Mr. Coyle, seconded Mr. Walls, Council by unanimous roll call vote approved the recommendation of the Wages & Hours Committee as outlined above, granting a one step increase in the pay of the Chief of Inspections.
FIRE CHIEF ELECTION RESULTS
On motion of Mr. Holpp, seconded by Mr. Coyle, Council by unanimous roll call vote accepted the results of the election of the Fire Chiefs held on November 16, 1970 and certified by the election officials, as follows:
CHIEF - Leroy Dear, Sr. - 34 Votes
DEPUTY CHIEF - William H. Rhodes - 35 Votes
FIRST ASSISTANT CHIEF - C. Donald Hodge - 35 Votes
SECOND ASSISTANT CHIEF - John W. Raughley - 35 Votes
THIRD ASSISTANT CHIEF - Donald M. Carey - 25 Votes
Ronald E. Dear - 8 Votes
Carleton R. Carey - 6 Votes
A total of 39 ballots were cast.
DELAWARE DAY EVENTS
Mr. John Purnell, representing the State of Delaware, was present and addressed the Council on the upcoming Delaware Day events to be held on December 3rd through December 7th. Activities and programs have been planned throughout the State for these three days. He was soliciting whatever cooperation and assistance that could be afforded by the City of Dover in order to make this presentation by the State of Delaware a large success.
JEHOVAH WITNESS REZONING
A public hearing was duly advertised and held on November 9, 1970 to consider the rezoning of the property located at 222 North Queen Street. At that time it was pointed out by Mr. Francis Lore, Realtor, that the plot plan submitted to the Planning Commission was in error, and that the right plot plan was available at this time. Council tabled any action on this request and asked that it be referred back to the Planning Commission for their reconsideration. On motion of Mr. Hastings, seconded by Mr. Coyle, Council at this time removed this request from the table. The Planning Commission has reconsidered this rezoning request and with the proper information available, has recommended unanimously that this request be granted. On motion of Mr. Hayes, seconded by Mr. Walls, 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 222 NORTH QUEEN STREET FROM RG-1 TO C-3.
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 the zoning and planning to change the permitted use from RG-1 to C-3 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 Zoning Ordinance of the City of Dover shall be amended by changing the zoning designation from RG-1 to C-3 on that property located at 222 North Queen Street, owned by the Jehovah Witnesses, and containing approximately 7000 square feet.
ADOPTED NOVEMBER 23, 1970
MERRILL LYNCH REZONING
A request had been received to rezone property owned by H. Merrill Lynch, adjacent to the Country Village Apartments on South Little Creek Road from R-20 to RG-2. 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. Hastings, seconded by Mr. Walls, Council by a 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 SOUTH LITTLE CREEK ROAD, EAST OF AND ADJACENT TO THE COUNTRY VILLAGE APARTMENTS, FROM R-20 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 the 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 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 northside of South Little Creek Road, just east of and adjacent to the Country Village Apartments, owned by Merrill Lynch, and containing approximately 10 acres.
ADOPTED NOVEMBER 23, 1970
CITY PLANNER
A request was made of City Manager Neylan on the progress of the hiring of a Planner to fill the vacancy that exists in that department. Mr. Neylan stated that both applicants that had been interviewed had shown an interest in the job, but prior to being able to confirm them with Council, they have indicated that they had both secured other positions. Mayor Carroll stated at this time that he felt one of the main problems was the fact that they could not offer a firm commitment on the part of the City of Dover at the time of these interviews. On motion of Mr. Walls, seconded by Mr. Hastings, Council authorized the City Manager, Mayor, and Planning Commission Chairman to interview prospective Planners and be authorized to hire a Planner, who would then be confirmed by the Council.
WESLEY COLLEGE
A letter was received from Wesley College announcing that their football team had been invited to participate in the 1970 Sterling Silver Bowl, in Sterling, Kansas on Thanksgiving Day, November 26, 1970. In as much as this is an unbudgeted expense, they are at this time asking the City of Dover for a contribution to help defray some expenses that will be incurred by the team in making this trip to Kansas. On motion of Mr. Hayes, seconded by Mr. Walls, Council authorized a donation of $500 be sent to Wesley College for the participation in the 1970 Sterling Silver Bowl.
LEON TARBURTION SEWER & WATER
A letter was received from Leon Tarburton requesting City sewer and water be extended to a 32 acre parcel of land that he owns on the south side of White Oak Road, approximately 7/10 mile from the present City limits. This land is proposed to be used for a development of single-family homes. On motion of Mr. Legates, seconded by Mr. Holmes, Council directed that this request be referred to the Utility Committee for their study and recommendation.
LEAGUE OF WOMEN VOTERS
A letter was received from the League of Women Voters, Human Resources Committee, reflecting the position of the League nationally on housing and urban development. Their letter outlined several problems that have been noted nationally in this area of housing, mainly with zoning requirements. It was then stated that all of the precautionary measures outlined in this letter have been and are now in effect in the City of Dover Zoning Ordinance.
RICHARDSON LOT - ROSS STREET
City Manager Neylan stated that at a prior Council meeting a proposal was received from the Richardson Estate offering for sale to the City of Dover a parcel of land on Ross Street, between State Street and Governors Avenue. Council authorized the purchase of this property providing that the Richardson’s would clean up the open ditch on their property in the vicinity of the High School. This ditch is not within the City limits, nor is the Richardson property on which it is located on Walker Road. Mr. Neylan stated that he had been contacted by the Attorney for the Richardson Estate, and was advised that they feel they have no responsibility in cleaning this ditch, and if that were to remain a condition of sale on the Ross Street property, negotiations would now be terminated on their part. Mr. Neylan further stated that he would be in contact with the School District to see if they might be willing to share in the cost of the improvement of this ditch, since a portion of it is on their property line between the Richardson farm. It was suggested that since this area is not within the City limits but in the County, maybe the County should be approached for a solution to the problem. On motion of Mr. Coyle, seconded by Mr. Legates, Council directed the City Manager to write the Kent County Levy Court and request that they assume the responsibility of having this ditch cleaned out and improved.
Discussion then centered around the land that was offered the City on Ross Street. The conditions of sale were a price of $10,000 plus the City to assume the cost of the recently installed sidewalks on this property. This parcel of land measures approximately 2 acres. A motion was made by Mr. Hastings, and seconded by Mr. Coyle, that the City of Dover purchase the Richardson property on Ross Street, as outlined in their proposal, pending approval of the State of Delaware grant that the City could apply for and receive up to 75% of the purchase price under the State Park-Land Grant. By a roll call vote of 2 ‘yes’, Messrs Coyle and Hastings, and 6 ‘no’, Messrs Biggs, Hayes, Holmes, Holpp, Legates and Walls, the above motion was defeated.
WSFS BUILDING
A letter was received from the WSFS concerning the traffic control at the intersection of Reed and South State Streets, adjacent to their new Bank Building, which will be occupied sometime next month. This letter will be reviewed by the Safety Advisory Committee and brought back to Council.
FOX HALL PLANTATION REZONING
A request was received from the Fox Hall Plantation Company to rezone the development they own located on the Kenton Road. A public hearing is required prior to amending the zoning ordinance and zoning map. On motion of Mr. Hastings, seconded by Mr. Walls, Council adopted the following resolution by a unanimous roll call vote 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 DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on the Kenton Road (County Road 104) known as the Fox Hall Plantation 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 at City Hall on January 11, 1971 at 8:00 P.M. on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-20 to R-10 that property located on the Kenton Road (County Road 104) known as the Fox Hall Plantation, owned by the Fox Hall Plantation Company and containing approximately 362.5 acres.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED NOVEMBER 23, 1970
COUNCIL ADJOURNED AT 9:20 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of November 23, 1970 are hereby approved.
NOVEMBER 24, 1970 Crawford J. Carroll Mayor