REGULAR MEETING
October 12, 1970
The regular meeting of City Council was held on Monday, October 12, 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. John D. Michael of the First Baptist Church.
MINUTES
The minutes of the regular meeting of City Council held on September 28, 1970 were accepted and bore the written approval of Mayor Carroll.
REPORTS
The Chief of Police report for the month of September was accepted.
The Alderman report for the month of September was accepted. Fines in the amount of $2,321.80 were remitted.
The J. P. Court #7 report for the month of September was accepted. A check in the amount of $6,850 was remitted to the City.
Cash Receipts, General Fund, for the month of September was accepted.
Budget Report, General Fund, for the month of August was accepted.
Budget Report, General Fund, for the month of September was accepted.
Cash Receipts, Electric Revenue Fund, for the month of September was accepted.
Cash Receipts, Electric Improvement Fund, for the month of September was accepted.
City Manager report for the month of September was accepted.
City Manager Neylan at this time advised the Council of the untimely death of Mr. Jack Buttner, Superintendent of the Electric Department. Mr. Buttner will be buried on Wednesday, October 14, 1970 at 2 P.M. Mayor Carroll asked all present to stand for a moment of silence to the memory of Mr. Jack Buttner.
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee meeting held on October 5, 1970 was presented by Chairman Hastings. On motion of Mr. Coyle, seconded by Mr. Walls, Council accepted the report as presented.
“BUSINESS ROUTES”
The State Highway Department has been receiving U.S. Route numbers throughout the State and will change alternate route numbers to “business” routes. The following changes have been suggested for Dover. (1) U.S. 113A be moved from State Street and routed along U.S. 13 from the start of U.S. 113 to Coopers Corner, (2) U.S. 13A along Governors Avenue be changed to U.S. 13 Business. Further consideration would be given to splitting U.S. 13 Business so that the southbound direction would be on Governors Avenue and the northbound direction along State Street. Discussion followed at which time Council stated that they would like to have both directions of U.S. 13 Business routed along Governors Avenue, and prohibit the through-business traffic from using State Street. On motion of Mr. Hastings, seconded by Mr. Holmes, Council approved the above recommendation of the Highway Department, taking exception to the use of State Street as a “Business Route”. The Chief of Police will convey the recommendation of Council to the State Highway Department.
SURFACE AND STORMWATER DRAINAGE STUDY
A price has been obtained by the City Manager, as requested by Council, for a study to be made which will produce a master plan of major drainage facilities required to provide adequate drainage for all areas of the City. The plan would enable the City to construct the proper drainage facilities in each area as that area is developed regardless of the sequence in which the areas are developed. The approximate cost of this study would be $25,000. On motion of Mr. Coyle, seconded by Mr. Biggs, Council authorized the employment of the firm of Albright & Friel, Inc. to conduct a study of the Surface and Stormwater Drainage for the City of Dover, and further authorized the appropriate City officials to sign such contract for this work.
LOADING ZONE AND PARKING ORDINANCE
A request has been received to establish a loading zone on Kings Highway at the rear of the Dinner Bell Inn and the establishment of reserved parking spaces on South Bradford Street for the Dover Modern Maturity Center. On motion of Mr. Coyle, seconded by Mr. Walls, Council by a 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 a truck loading and unloading zone be established to occupy two parking spaces on the west side of Kings Highway at the rear of the Dinner Bell Inn prohibiting parking with exception of trucks which are loading and unloading during the hours between 8:00 A.M. and 1:00 P.M. Monday through Friday inclusive.
2. That a no parking zone be established at the southwest corner of the intersection of Division and Bradford Streets on the west side of Bradford Street for three parking spaces, said parking spaces being limited to the use of the Dover Modern Maturity Center or its patrons between the hours of 9:00 A.M. and 3:00 P.M. Monday through Friday inclusive.
3. That this Ordinance be in force upon the erection of the proper signs.
ADOPTED OCTOBER 12, 1970
STATE COMPLEX PARKING SURVEY
A request was received from the Secretary of State request reserved on-street parking adjacent to the Townsend Building on “E” Street. The Safety Advisory Committee stated that they felt that there was sufficient off-street parking adjacent to the Townsend Building for this request and at the same time request that a survey of the on-street parking in the entire State Complex be surveyed. On motion of Mr. Coyle, seconded by Mr. Walls, Council directed the City Manager and Chief of Police to survey the parking on the State Complex and to meet with the State Building & Grounds Commission in conjunction with said survey.
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playgrounds & Trees Committee meeting held on October 5, 1970 was presented by Chairman Hastings. On motion of Mr. Legates, seconded by Mr. Walls, Council accepted the report as presented.
STATE RECREATION GRANT CUT
The State Parks Commission has notified the City of Dover that their grant for the year ending September 30, 1970 has been cut by $8,000.85. This has necessitated the rearranging of the Fall Program to start October 19, 1970. The new program alignment is Monday - Ladies Night, Wednesday - Men’s Night, and Sunday - Open Recreation (all ages). The Parks Committee has recommended that the City of Dover attempt to appeal to the State Parks Commission the cut in the grant. On motion of Mr. Coyle, seconded by Mr. Holpp, Council directed that the City Manager advise the State Parks Commission that the City of Dover wishes to appeal the cut in the State Grant.
RICHARDSON PROPERTY
Negotiations with the Richardson Estate on a piece of property they own located on Ross Street between Governors Avenue and State Street have taken place with a sale price being established. The sale price is $10,000 plus the City to assume the cost of the installation of the sidewalks on this property that have just been installed. 75% of the cost of acquisition of this property could be recaptured from the State, providing this land is used for park use. The Parks Committee recommends that an application be filed for this money, and upon approval purchase this land as outlined above. It was further stated at this time, that the Richardsons are the owners of the open ditch that runs from Walker Road back to Silver Lake in the vicinity of the Dover High School. There has been some effort to have this ditch cleaned out, but no results at this time. On motion of Mr. Holpp, seconded by Mr. Biggs, Council authorized the filing of an application with the State for the Parks money, and upon approval, purchase the above mentioned lot at the stated price, plus requiring the Richardson Estate to clean-up and fix-up the open ditch on their property in the vicinity of the High School.
ANNUAL AUDIT
Mr. William Manter was present and presented to Council the annual audit for the fiscal year ending June 30, 1970. Mr. Manter explained the highlights of the audit and the areas of increase in the City operations. Upon completion of the report by Mr. Manter, on motion of Mr. Walls, seconded by Mr. Holpp, Council accepted the annual audits of the City of Dover funds for the fiscal year ending June 30, 1970.
HALLOWEEN PROCLAMATION
A proclamation was read, issued by Mayor Crawford J. Carroll, limiting the observance of Halloween to October 31, 1970 and setting a curfew of 10:00 P.M., subject to the penalties provided by the ordinances of the City of Dover.
GSA REZONING
A request had been received to rezone the property owned by the Federal Government located between Queen, New, North Streets and Bank Lane. 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. Holpp, 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 BETWEEN NEW, NORTH QUEEN STREETS AND BANK LANE, OWNED BY THE FEDERAL GOVERNMENT, FROM RG-1 TO I0 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-1 to I0 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-1 to I0 on that property located between New Street, Queen Street, North Street and Bank Lane, owned by the Federal Government and containing approximately 2 acres.
ADOPTED OCTOBER 12, 1970
MARTIN REZONING
A request had been received to rezone the property located at 868 South State Street. 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. Coyle, seconded by Mr. Hayes, 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 AT 868 SOUTH STATE STREET, OWNED BY WILFRED MARTIN, FROM R-8 USE TO RG0.
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-8 to RG0 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 R-8 to RG0 on that property located at 868 South State Street, owned by Wilfred Martin, and containing approximately 16,200 square feet.
ADOPTED OCTOBER 12, 1970
ROE RESOLUTION - ROBBINS HOSE
A copy of a resolution adopted by the Robbins Hose Company No. 1 at their meeting of October 5, 1970 was read at this time. This resolution honored Mr. Jack T. Roe for his service to the Dover Community with the Robbins Hose Company and the City Fire Marshal’s office, and his past service with the Eastern Association of Fire Chiefs.
JEHOVAH WITNESS REZONING
A request has been received from the Jehovah Witness to rezone the property they own located at 222 N. Queen Street. A public hearing is required prior to amending the Zoning Map of the City of Dover. On motion of Mr. Hayes, seconded by Mr. Coyle, Council by a unanimous roll call vote 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 MAP AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located at 222 North Queen Street is presently zoned for RG-1 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning ordinance and map.
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 November 9, 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 RG-1 to C-3 that property located at 222 North Queen Street, owned by the Jehovah Witness, and containing approximately 7000 square feet.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED OCTOBER 12, 1970
BUCKSON REZONING - REED FARM
A request has been received from Mr. David P. Buckson and Mr. Edward H. Richardson to rezone a parcel of land they own adjacent to the Kenton Road and Fox Hall Road (Walker Road Ext.). A public hearing is required prior to amending the Zoning Map and Zoning Ordinance of the City of Dover. On motion of Mr. Hayes, seconded by Mr. Biggs, Council by unanimous roll call vote 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 MAP AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located adjacent to the Kenton Road and Fox Hall Road (Walker Road Ext.) 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 November 9, 1970 at 8:05 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 RG-2 (approximately 20 acres) and R-8 (approximately 100 acres) that property located adjacent to Kenton Road and Fox Hall Road (Walker Road Ext.), known as the Reed Farm, and owned by David P. Buckson and Edward H. Richardson.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED OCTOBER 12, 1970
WILLIAM VAUGHN REQUEST - WATER SERVICE
Mr. William Vaughn addressed a letter to Council stating that he owns three trailer lots on Road 88, Leipsic Road, along which the City of Dover has recently extended a water line. He stated that he has attempted to obtain a permit to hook into the water line to service these trailers. He was denied a permit by the Building Inspector, since the policy of the City of Dover is that water and sewer will not be hooked into any trailers unless they area located in a recognized trailer park. On motion of Mr. Hayes, seconded by Mr. Coyle, Council directed that the action of the Building Inspector be upheld, thereby denying a permit to Mr. Vaughn to hook into the City water service.
ANNEXATION REQUEST
A letter was received from Mr. Edward Troise, Mario D’Antonie and Louis Reback to annex some land they own to the City limits. This land is located on the southeast border of the City of Dover and contains approximately 100 acres. On motion of Mr. Walls, seconded by Mr. Hayes, Council referred this request to the Utility Committee for their study and recommendation.
PLANNING DIRECTOR
A recommendation had been received from the Legislative & Finance Committee that the vacancy of the City of Dover Planning Director be filled as soon as possible, and that upon his employment he become an employee of Council, instead of the City Manager, as now is the policy. The Council has recommended that the Mayor, City Manager and Planing Commission Chairman interview any or all applicants and then make recommendations to Council to fill this vacant position. It was stated by the City Solicitor that in order for the change in the City Planner serving at the pleasure of Council, it would take the adoption of an ordinance to do so. On motion of mr. Holmes, seconded by Mr. Coyle, 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:
That Article II Sec. 2-68 of the Code of the City of Dover shall be amended as follows:
Sec. 2-68 Planning Commission created; purpose.
There shall be a Planning Commission selected by the City Council which shall provide for the development, improvement and beautification of the City.
There shall be a Planner who shall be selected and employed at the pleasure of the Mayor and Council.
The City Planner shall be directly responsible to the Mayor and Council.
ADOPTED OCTOBER 12, 1970
ASSISTANT CITY MANAGER
The Legislative & Finance Committee has recommended the hiring of an Assistant City Manager, who would be hired by Council and be directly under the control of Council, but working full time at the service of the City Manager. The Committee stated that they felt a need for such a person, the help relieve the burden on the present City Manager, due to the increased work-load, and also to prepare someone to step up in this position in the event of retirement of Mr. Neylan in the future. Mr. Neylan was asked what his thoughts on this subject were, and he stated that he felt that an assistant should be hired under the direct control on the City Manager. He felt there would be no benefit in his being an employee of Council. He further stated that he would actively pursue the employment of such an assistant, and would keep the Council abreast of the progress he is making along these lines. On motion of Mr. Hayes, seconded by Mr. Hastings, Council rejected the recommendation of the Legislative & Finance Committee and directed that an Assistant City Manager be employed under the direction of the City Manager.
COUNCIL MEETING ATTENDANCE BY STAFF
The Legislative & Finance Committee has recommended that the Staff Members of the City of Dover attend all future Council meetings. This policy was eliminated at the time of the appointment of Mr. Neylan as City Manager, since the Staff used to attend all Council meetings when Mr. Ward was City Manager. Mr. Neylan stated that is was still of the opinion that no useful purpose would be served by the staffs attendance at these meetings. On motion of Mr. Legates, seconded by Mr. Hayes, Council by a roll call vote of 5 ‘yes’, Messrs Biggs, Coyle, Hayes, Legates and Walls, and 3 ‘no’, Messrs Hastings, Holmes and Holpp, approved the recommendation of the Legislative & Finance Committee and directed that the Staff Members attend all future Council meetings.
PRE-MEETING CAUCUS
The Legislative & Finance Committee has recommended that the pre-meeting caucus be eliminated at all future Council meetings, since there feeling is that it serves no useful purpose anymore. Mayor Carroll stated at this time that he felt these caucus’ do serve a definite purpose, and as for as he is concerned they should still be held. He felt that they are very important and very necessary. Mayor Carroll further stated that these caucus were instituted to inform the Council of certain matters prior to the open meeting and that no official business has been or ever will be conducted in this caucus. He stated that the Charter states that the Mayor may call the Council to session whenever necessary and he felt that these sessions were necessary and he would continue to have such sessions. After much discussion by Council, a motion was made by Mr. Coyle, seconded by Mr. Legates, and Council by a roll call vote of 6 ‘yes’, Messrs Biggs, Coyle, Hayes, Holmes, Legates and Walls, and 2 ‘no’, Messrs Hastings and Holpp, approved the recommendation of the Legislative & Finance Committee eliminating the pre-meeting caucus and further stated that executive sessions could be called by a motion from the floor and the majority vote of Council.
SIDEWALKS - SOUTH LITTLE CREEK ROAD
The Safety Advisory Committee has recommended that concrete curb and gutters and sidewalks be installed on south side of the South Little Creek Road between the entrance to the Blue Hen Mall and the City Limits. On motion of Mr. Coyle, seconded by Mr. Hayes, Council by a unanimous roll call vote adopted the following resolution.
A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER THE INSTALLATION OF CURB AND GUTTER AND SIDEWALKS ON THE SOUTH SIDE OF THE SOUTH LITTLE CREEK ROAD FROM THE ENTRANCE TO THE BLUE HEN MALL TO THE CITY LIMITS.
WHEREAS, the City Council of the City of Dover is considering the installation of both concrete curb and gutters and sidewalks on the south side of South Little Creek Road from the entrance to the Blue Hen Mall to the City Limits on the east and charging the cost thereof to the property owners, and
WHEREAS, the Charter of the City of Dover requires that a public hearing be held prior to such action, at which time the property owners concerned and other residents of the City may be hears, and that notice of such hearing be published.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Council of the City of Dover will hold a public hearing in the Council Chambers at City Hall at 8:10 P.M. on November 9, 1970 on the question of installing concrete curb and gutters and sidewalks on the South Side of South Little Creek Road from the entrance of the Blue Hen Mall eastward to the City limits and assessing the cost thereof to the property owners.
2. The following named persons are the owners or the purported owners of the properties in front of which the concrete curb and gutter and sidewalk will be installed:
Edward D., Jr. & Wilnona Abbott
James A, & Darlene H. LeBeau
John F. & Dolores S. Tyboroski
3. At the said meeting the Council will hear the aforesaid owner of property and other residents of the City in accordance with the Charter of the City of Dover.
ADOPTED OCTOBER 12, 1970
COUNCIL ADJOURNED AT 10:35 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of October 12, 1970 are hereby approved.
OCTOBER 14, 1970 Crawford J. Carroll Mayor
I declare the motion made by Mr. Coyle and seconded by Mr. Legates pertaining to the elimination of the pre-meeting caucus’s of the Mayor and Council out of order and not a part of these minutes.
Crawford J. Carroll Mayor