REGULAR MEETING
November 9, 1970
The regular meeting of City Council was held on Monday, November 9, 1970 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Coyle, Hastings, Hayes, Holmes, Holpp, Legates and Walls.
The invocation was said by the Rev. Leonard Taylor, of the Edgehill Community Church of God.
MINUTES
The minutes of the regular meeting of City Council held on October 26, 1970 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police report for the month of October was accepted.
Building Inspector & Fire Marshal report for the month of October was accepted.
Alderman report for the month of October was accepted. Fines in the amount of $1,258.30 were remitted.
J. P. Court #7 report for the month of October was accepted. $8,368.60 was remitted to the City.
Cash Receipts, General Fund, for the month of October was accepted.
Budget Report, General Fund, for the month of September was accepted.
Cash Receipts, Electric Revenue Fund, for the month of October were accepted.
Cash Receipts, Electric Improvement Fund, for the month of October were accepted.
City Manager Report for the month of October was accepted.
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee meeting held on November 2, 1970 was presented by Chairman Hastings. On motion of Mr. Coyle, seconded by Mr. Walls, Council accepted the report as presented.
CITY HALL PARKING LOT
The Safety Advisory Committee had discussed the problem of Police jurisdiction over traffic violations and parking regulations in the parking lot adjacent to City Hall. At the present time this is considered as private property, although owned by the City, and the Police have no jurisdiction on this lot. The Committee has recommended that the City Solicitor give a ruling on this problem. On motion of Mr. Hayes, seconded by Mr. Coyle, the Council directed that the City Solicitor study this problem and make a recommendation to Council.
HEDGE - WALKER & SAULSBURY ROADS
The Safety Advisory Committee was again confronted with a request to look into the problem created by the hedge on the northeast corner on Walker and Saulsbury Roads. This hedge is of a height that has created a sight problem to motorists traveling west and entering or crossing Saulsbury Road from Walker Road. The Committee has recommended that action be taken to have the hedge removed. On motion of Mr. Hayes, seconded by Mr. Holpp, Council directed that the hedge in question be made to conform with the City of Dover Code as written, pertaining to height and set back.
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playgrounds & Trees Committee meeting held on November 2, 1970 was presented by Chairman Hastings. On motion of Mr. Walls, seconded by Mr. Legates, Council accepted the report as presented.
RECREATION GOALS & PRIORITIES
The City of Dover recreation programs have been cut in funds from the State Grant recently, and thereby will cause a possible reduction in the overall program to be offered by the City. At the same time, the YMCA is discontinuing some of its programs and had hoped that the City would be able to pick up some of these activities in their program, but due to the cut-back this might not be possible. The Parks Committee has recommended that a schedule of goals and priorities, for immediate needs and long range needs, be worked up and presented to Council. On motion of Mr. Walls, seconded by Mr. Holmes, Council directed that the City Manager and Recreational Director work up a schedule of goals and priorities of the City program and submit them to the Committee for their study and recommendation to Council.
WEST DOVER ANNEXATION RESULTS
The election officials who conducted the referendum election held on October 31, 1970 on the question of annexation of the area west of the present City limits, including the Dover Country Club Apartments, and Fox Hall Drive, and the area south of the Hartly Road, certified to the Council the results of the election as follows:
FOR ANNEXATION 2201 Votes
AGAINST ANNEXATION 8714 Votes
On motion of Mr. Holpp, seconded by Mr. Holmes, Council accepted the results of the referendum as certified by the election officials, thereby defeating the request for annexation.
FOX HALL ROAD REDEVELOPMENT
Mr. Roe, Building Inspector, presented to Council a general map of the area of Fox Hall Road and State College Road, west of McKee Road, outlining the properties and the proported owners of same. This area contains quite a bit of land-locked property, one of which is owned by Mrs. Jordan. She presently owns a parcel of land which has a 15' easement onto Walker Road across land owned by Mrs. Vera Davis. Mrs. Jordan applied to the Building Inspector for a permit to move a dwelling on this property. Mr. Roe denied the issuance of a permit, due to the fact that the property does not front on a public street. Mrs. Jordan was present and requested of Council permission to move this dwelling she has purchased onto this property, and at the same time was requesting permission to tie into the City Utilities when they become available to that area. Mr. Roe stated that he felt that the City would be unable to provide utilities without the access of a public thorofare. On motion of Mr. Coyle, seconded by Mr. Hastings, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Holmes, upheld the decision of the Building Inspector and at the same time referred this problem to the Planning Commission for their study and an overall plan be developed for the area west of McKee Road in the general vicinity of the Fox Roads and College Road.
JEHOVAH WITNESS REZONING
A request had been received to rezone the property located at 222 N. Queen Street from RG-1 to C-3. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. Mr. Francis Lore was presented representing the owners, and stated that he had inadvertently submitted the wrong plot plan to the Planning Commission, who recommended that this rezoning be denied, since the land size does not conform. The rightful plot plan now accompanies the application. No one else was present to speak for or against the rezoning. The intended use pending rezoning is for a funeral home. Mayor Carroll declared the hearing closed. On motion of Mr. Legates, seconded by Mr. Coyle, Council by a unanimous roll call vote tabled any action on this request and referred it back to the Planning Commission for further consideration.
BUCKSON-RICHARDSON REZONING
A request had been received from Mr. David P. Buckson and Mr. Edward H. Richardson to rezone land they own on the Kenton Road and Fox Hall Road, known as the Reed Farm, from R-20 to RG-2 and R-8. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. Mr. Nisson Finklestein, a resident in the area, was present and asked about the status of the suit that is pending against the City for the Mobile Home Park (MHP) Zoning. Mr. Rodriguez, City Solicitor, stated that this suit had been withdrawn by Mr. Buckson and Mr. Richardson, as of this date. No one else was present to speak for or against the rezoning. The Planning Commission has recommended this request be approved as submitted. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Holmes, 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 KENTON ROAD AND FOX HALL ROAD (WALKER ROAD EXT.), OWNED BY MR. DAVID P. BUCKSON AND MR. EDWARD H. RICHARDSON, FROM R-20 TO RG-2 AND R-8 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 R-20 to RG-2 and R-8 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 (approximately 20 acres) and R-8 (approximately 100 acres) located on the Kenton Road and Fox Hall Road, (Walker Road Ext.), known as the Reed Farm, and owned by Mr. David P. Buckson and Mr. Edward H. Richardson.
ADOPTED NOVEMBER 9, 1970
S. LITTLE CREEK ROAD SIDEWALK HEARING
A public hearing had been duly advertised for this time and place to consider the installation of curb and gutters and sidewalks on the three (3) properties on the south side of the South Little Creek Road lying east of the entrance to the Blue Hen Mall. Mayor Carroll declared the hearing opened. Mr. Edward Abbott, Mr. James LeBeau and Mr. John Tyboroski, the three property owners involved, were present and all stated that they objected to the installation of curbs and gutters and sidewalks on their property. Mr. Richard Murchison, 626 Roberta Avenue, who initiated the request, due to his concern over the children in the area walking to and from the East Dover Elementary School, was also present and again stated his concern and requested that the City take action to have the sidewalks installed. City Manager Neylan stated that it is the normal policy of the State Highway Department, who has controll over S. Little Creek Road, to install curbs and gutters at no cost to the property owner, when they rebuild or redevelop an existing road. He stated that he knows of no plans for the redevelopment of S. Little Creek Road at this time. He further stated that if upon holding a public hearing for the installation of curbs and gutters, a majority of the property owners object to such a project, the Council has no alternative but to abandon the project at this time. All three property owners are objecting to this project. No one else was present to speak for or against the project. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Coyle, the Council directed that the request for the installation of curb and gutter and sidewalk as mentioned above be denied. On motion of Mr. Holpp, seconded by Mr. Hastings, Council further directed that the City Manager contact the State Highway Department about the installation of curb and gutter in this section, and make a study on the possible installation of sidewalks in this area, with or without the curb installation by the State Highway Department.
ROBBINS HOSE FIRE CHIEFS
A letter was received from the Robbins Hose Company #1 announcing the following slate of officers have been nominated for Fire Line Officers for the year of 1971:
CHIEF: Leroy Dear, Sr.
DEPUTY CHIEF: William H. Rhodes
1ST ASSISTANT CHIEF: C. Donald Hodge
2ND ASSISTANT CHIEF: John W. Raughley
3RD ASSISTANT CHIEF: Ronald E. Dear
Donald M. Carey
Carlton E. Carey
BEULAH M.DIXON REZONING
A request has been received from Mrs. Beulah Dixon to rezone the property she owns on Fox Hall Road, the equitable owners to the property being Mr. & Mrs. James Thomas. A public hearing is required prior to amending the Zoning Map and Zoning Ordinance of the City of Dover. On motion of Mr. Legates, seconded by Mr. Hastings, Council adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PALE 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 north side of Fox Hall 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 IR 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 December 14, 1970 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 C-1A, RG-1 and RG-3 that property located on the northside of Fox Hall Road (Walker Road Ext.), owned by Mrs. Beulah M. Dixon, equitable owners being Mr. & Mrs. James Thomas, and containing approximately 7.207 acres.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED NOVEMBER 9, 1970
CHARLES WITT LETTER
Mr. Charles Witt, 353 North Governors Avenue, submitted a letter to Council commending the City on their efforts to provide a number of opportunities for residents to register to vote in City Elections, but at the same time he had a couple of requests for Council’s consideration in obtaining more registrations. On motion of Mr. Legates, seconded by Mr. Coyle, Council requested that acknowledgment of the receipt of Mr. Witt’s letter be made and thank him for his interest in this matter.
MAPLE DALE C.C. WATER LINE
A letter was received from Maple Dale Country Club in reference to a prior request for City water to serve their facility. The Utility Committee, at a prior meeting, recommended that the City extend its present water line that terminates at College and Kenton Roads, north on the Kenton Road to serve the Country Club. At the same time the City might be willing to accept from the Country Club, a parcel of land adjacent to Kenton Road to be used for a future site for a water storage tank. Maple Dale has agreed to convey a two acre parcel of land to the City in exchange for the front foot cost that would be assessed upon the construction of a water line. City Manager Neylan stated that a 12" line could be run up the Kenton Road that would eventually be used to service the area north of the Country Club when that area is developed, and the parcel of land offered by the Country Club would be used for the erection of a water storage tank in the future. The approximate cost, based on previous billings, for the front foot assessment would be about $9,000 for the Country Club. The approximate value of the parcel of land to be conveyed to the City would be $8,600. Mr. Neylan recommended Council approve the exchange between the Maple Dale Country Club and the City of Dover as outlined above. On motion of Mr. Coyle, seconded by Mr. Holpp, Council approved the installation of a 12" water line to service the Maple Dale Country Club, to be installed at our earliest convenience, and the exchange of a two acre parcel of land for the future erection of a water storage tank, this land to have a minimum of 200' frontage on the Kenton Road and to be located on the northwest corner of the Maple Dale property.
ASSISTANT CITY MANAGER
City Manager Neylan informed Council that he has interviewed an applicant for the position of Assistant City Manager, but prior to his hiring him, he must first get permission of Council, since this person is presently an employee of Council, Mr. William T. James, City Assessor. Mr. Neylan stated that Mr. James is very well qualified and he would like very much to hire him. Mr. James’ appointment for City Assessor comes up again in December, at which time a replacement could be hired to fill this position. An application from one individual, an experienced Assessor, has been received and this person will be interviewed if the Council so desires. Mr. Neylan further stated that he would like to have the job classification and pay grade for Asst. City Manager upgraded. On motion of Mr. Coyle, seconded by Mr. Hastings, Council authorized Mr. Neylan to hire Mr. James to fill the vacancy of Assistant City Manager and referred Mr. Neylan’s request concerning the pay grade to the Legislative & Finance, Wages & Hours Committee interview prospective applicants to fill the vacancy that will be created in the City Assessor office.
CLOSING MAPLE PARKWAY CROSSOVER
Mr. Hayes stated at this time that he would like to go on record as opposing the Highway plan to close the crossover on U.S. Route 13 at Maple Parkway. This is being done in the reconstruction of U.S. 13 by the State Highway Department. Mr. Hayes feels that the residents of the Edgehill area, who use this crossover quite frequently, were not given the proper notice of this closing and this will cause a hardship on them.
COUNCIL ADJOURNED AT 9:50 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of November 9, 1970 are hereby approved.
NOVEMBER 10, 1970 Crawford J. Carroll Mayor