REGULAR MEETING
September 14, 1970
The regular meeting of City Council was held on Monday, September 14, 1970 with Mayor Carroll presiding. The meeting commenced at 7:30 P.M. Members present were Messrs Biggs, Coyle, Hastings, Hayes, Holmes, Holpp, Legates and Walls.
The invocation was said by the Rev. Olliver Spence of the Whatcoat Methodist Church.
MINUTES
The minutes of the regular meeting of August 24, 1970 were accepted and bore the written approval of Mayor Carroll.
The minutes of the special meeting of City Council held on August 31, 1970 were accepted and bore the written approval of Mayor Carroll.
REPORTS
The Chief of Police report for the month of August was accepted.
The Building Inspector and Fire Marshal report for the month of August was accepted.
The Alderman Report for the month of August was accepted. Fines in the amount of $1,868.60 were remitted.
J. P. Court #7 report for the month of August was accepted. Check for $6,315.50 was remitted to the City.
Cash Receipts, General Fund, for the month of August was accepted.
Cash Receipts, Electric Revenue Fund, for the month of August was accepted.
Cash Receipts, Electric Improvement Fund, for the month of August was accepted.
City Manager Report for the month of August was accepted.
BUSH-KONSCHAK SIDEWALKS
The City is making preparations to install sidewalks on the property of Mrs. William Bush and Mr. Gustav Konschak located in South Dover, these properties having been bypassed in the sidewalk program of that area due to a court suit. The suit has since been settled and sidewalks will be installed per the court ruling. City Manager Neylan questioned Council as to whether notice should be given prior to installation of the sidewalks. On motion of Mr. Holpp, seconded by Mr. Coyle, Council directed that notice be sent to both Mrs. Bush and Mr. Konschak that they will have sidewalks installed by October 1, 1970 or installation will be done by the City of Dover and the cost assessed against the property owner, as outlined in the action of Council after holding the public hearing on April 22, 1968.
DOVER DOWNS PUMPING STATION ASSESSMENT
A public hearing was duly advertised for this time and place for the purpose of establishing costs to be charged to Dover Downs, Inc. for the installation of a sanitary sewer pumping station and force main to serve the Dover Downs area. Mayor Carroll declared the hearing opened. No one was present to speak for or against the assessment. The Utility Committee has recommended a charge of $20,317 be assessed against the Dover Downs, Inc. on the calculated use of the capacity by that installation. Mayor Carroll declared the hearing closed. On motion of Mr. Coyle, seconded by Mr. Hastings, Council by a unanimous roll call vote, approved the recommendation of the Utility Committee is setting the above charge and assessment, and the method of payment as outlined in the ordinance adopted by Council on August 10, 1970.
LOUMAR WATER LINE ASSESSMENT
A public hearing was duly advertised for this time and place for the purpose of establishing costs of the installation of a 12" water line on the west side of U.S. Route 13 from approximately opposite the State Police Building to Loumar Inc. Mayor Carroll declared the hearing opened. Mr. Nate Cohen was present on behalf of the owners and wished to thank Council for their expeditious manner in completing this water line and serving area. No one else was present to speak for or against the assessment. The Utility Committee has recommended that a front foot charge of $6.00 per front foot be assessed against the abutting property owners of this 12" water line. Mayor Carroll declared the hearing closed. On motion of Mr. Coyle, seconded by Mr. Biggs, Council by a unanimous roll call vote, approved the recommendation of the Utility Committee in setting the above charge and assessment, and the method of payment as outlined in the ordinance adopted by Council on August 10, 1970.
LEIPSIC ROAD WATER LINE ASSESSMENT
A public hearing was duly advertised for this time and place for the purpose of establishing costs of the installation of a 10" water line on Leipsic Road from U.S. Route 13 eastward to Persimmon Tree Lane. Mayor Carroll declared the hearing opened. No one was present to speak for or against the assessment. The Utility Committee has recommended that assessment of a front foot charge of $3.00 per front foot be assessed against the abutting property owners of this 10" water line. Mayor Carroll declared the hearing closed. On motion of Mr. Walls, seconded by Mr. Coyle, Council by unanimous roll call vote approved the recommendation of the Utility Committee in setting the above charge and assessment, and the method of payment and other provisions as outlined the ordinance adopted by Council on August 10, 1970.
FULTON STREET SEWER LINE ASSESSMENT
A public hearing was duly advertised for this time and place for the purpose of establishing costs of the installation of a 15" sanitary sewer line on Fulton Street from the railroad to Ridgely Street. Mayor Carroll declared the hearing opened. No one was present to speak for or against the assessment. The Utility Committee has recommended that assessment of a front foot charge of $5.00 per front foot be assessed against the abutting property owners of this 15" sewer line. Mayor Carroll declared the hearing closed. On motion of Mr. Coyle, seconded by Mr. Walls, Council by unanimous roll call vote approved the recommendation of the Utility Committee in setting the above charge and assessment, and the method of payment and other provisions as outlined in the ordinance adopted by Council on August 10, 1970.
ROBINO REZONING
A public hearing was scheduled for this date and was to be held to consider the request to rezone approximately 6.8 acres of land owned by Mr. Frank Robino located on the north side of Webbs Lane from RG0 to RG-3. At this time a letter was received from Mr. Robino requesting that this rezoning application be withdrawn. On motion of Mr. Hayes, seconded by Mr. Coyle, Council accepted the request of Mr. Robino, thereby withdrawing the request for rezoning.
GSA BUILDING REZONING
A request has been received to rezone the property located between Queen, North, New Streets and Bank Lane owned by the U.S. Government, GSA. The property is presently zoned for RG-1 and the request is to rezone it to I0. A public hearing is required prior to amending the zoning ordinance and zoning map. On motion of Mr. Hayes, seconded by Mr. Holpp, 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 between Queen Street, North Street, New Street and Bank Lane 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 October 12, 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 I0 that property located between Queen Street, North Street, New Street and Bank Lane, owned by the U.S. Federal Government, GSA, and containing approximately 2.25 acres.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED SEPTEMBER 14, 1970
SPENCE’S BAZAAR REZONING
A request has been received from Mr. Ralph Spence, owner of Spence’s Bazaar, to rezone that property located on the northwest corner of New and South Streets. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. No on 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 NORTHWEST CORNER OF NEW AND SOUTH STREETS, OWNED BY MR. RALPH SPENCE, FROM RG-1 USE TO C-1A 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 C-1A 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-1A on that land located on the northwest corner of South and New Streets, owned by Mr. Ralph Spence, known as Spence’s Bazaar, and containing approximately 6.1 acres.
ADOPTED SEPTEMBER 14, 1970
WHATCOAT DEVELOPMENT CORPORATION
A meeting was held this morning with the City of Dover, the Whatcoat Development Corporation and Latex concerning the drainage problem of their lands located on the east side of Saulsbury Road, on which both properties are expecting to construct facilities in the near future. The most economical route for the utilities to be placed is across the Spence land and into the City utilities located on Walker Road. An approach has been made to Mr. Ralph Spence for the purchase of a 60' x 400' piece of land that would permit the future construction of City utilities and a proposed street through this land, that would serve this area of the Whatcoat Development Corporation. Mr. Spence has offered to sell this 60' x 400' piece of land to the City of Dover for $17,000 plus any cost of construction of sidewalks and curbing on this proposed street, and in addition requested that he be allowed to farm this land upon the completion of the installation of the proposed sewer line and until the City decides to open up this street. By mutual agreement of all parties concerned, the Whatcoat Development Corporation has agreed to pay the cost of the acquisition of this land from Mr. Spence.
On motion of Mr. Walls, seconded by Mr. Hastings, Council authorized the City of Dover to make the necessary arrangements to procure this land from Mr. Ralph Spence at this offer as outlined above.
On motion of Mr. Holpp, seconded by Mr. Coyle, Council authorized the Building Inspector to issue a building permit to Whatcoat Development Corporation. This Building Permit will include in it the provision that the Whatcoat Development Corporation will assume all costs and improvement costs outlined in the offer of Mr. Ralph Spence for the acquisition of his land, these costs being agreed to by the representatives of the Whatcoat Development Corporation at this meeting held in City Hall this morning.
DELAWARE LEAGUE OF LOCAL GOVERNMENTS
A letter was received from the DL of LG concerning the employment of a full-time Director, to serve in a liaison capacity with the state and county agencies and the State Legislature regarding local government problems. In the initial stages of this program, it will be necessary for the larger municipalities and the counties to bear the cost of this program, which at a later date hopefully will be borne by all of municipalities in the State. This request if for the City of Dover to commit itself to $5,000 per year for a three year period, the same as some of the other larger municipalities and the counties will be committing themselves to also. All commitments will not have to be paid into the League until a Director is hired. On motion of Mr. Hayes, seconded by Mr. Biggs, Council by a unanimous vote approved the request of the League and committed the City of Dover to $5,000 per year for three (3) years in the full-time Director program.
DOVER POLICEWOMEN
A letter was received from Mrs. Dorothy McNary asking as to why the City of Dover has no sworn policewomen. She stated that she felt there was a definite need for one, at the same time outlined her qualifications for such a position with the City of Dover Police Department. Mayor Carroll stated that at this time the department was not geared for such a position and when the need arises and this can be worked out, there is every possibility that such a position would be created. Mayor Carroll stated that he would answer Mrs. McNary’s request as she had requested.
MAPLE DALE COUNTRY CLUB WATER
A request was received from Maple Dale Country Club in reference to the possibility of the club gaining the service of the City of Dover to correct a water problem that now exist there. They are presently servicing their facility with wells, and the water contains a very high iron content. They were interested in the availability and cost of this service. On motion of Mr. Hastings, seconded by Mr. Hayes, Council referred this request to the Utility Committee for their study and recommendation.
SOUTH LITTLE CREEK ROAD SIDEWALKS
A request was received from Mr. Richard L. Murchison, 626 Roberts Avenue, requesting the City require the installation of sidewalks on two properties located at 930 S. Little Creek Road and 502 Roberts Avenue. He stated that the need for sidewalks is evident since the children in this area walking to the East Dover School have to walk in the road in this area, as these are the only two houses in the route to school that do not have sidewalks. On motion of Mr. Legates, seconded by Mr. Hayes, Council referred this request to the Safety Advisory Committee for their study and recommendation.
BLUE COAT INN PIER
A request was received from the Blue Coat Inn for the construction of a pier on Silver Lake adjacent to their property. This pier would be a size of 8' x 36' and would be constructed adjacent to the retaining wall on the south side of the Inn, directly adjoining State Street. Mr. Neylan stated that the Staff of the City has looked at this request and saw no objections to it, providing that it would be constructed parallel and adjacent to the retaining wall. Mr. Roe, Building Inspector, stated that plans would have to be submitted to him prior to issuing a building permit. On motion of Mr. Hastings, seconded by Mr. Coyle, Council approved the above request for the construction of the pier adjacent to the Blue Coat Inn, as outlined above.
COHEN ANNEXATION REQUEST
Mr. Nate Cohen, resident of Fox Hall Drive, requested of Council, that an annexation be set for the area to include all of Fox Hall Drive. On motion of Mr. Legates, seconded by Mr. Hayes, Council referred this request to the Utility Committee for their study and recommendation. A study will be made to look at other adjacent areas that might be considered for annexation at the same time.
MARTIN REZONING
A request was received from Mr. Wilfred Martin to rezone the property located at 868 S. State Street. A public hearing is required prior to amending the zoning ordinance and zoning map. On motion of Mr. Legates, seconded by Mr. Coyle, 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 at 868 South State Street is presently zoned for R-8 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 October 12, 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-8 to RG0 that property located at 868 S. State Street, owned by Mr. Wilfred Martin, and containing approximately 16,000 square feet.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED SEPTEMBER 14, 1970
BUCKSON REZONING
A request was received from Mr. David P. Buckson and Mr. Edward H. Richardson to rezone a tract of land they own on the Hartly Road, known as the “Reed Farm”. This area was proposed for rezoning in July, 1970 and a public hearing was held on August 24, 1970. They at that time requested that approximately 83 acres of this farm be rezoned from R-20 to MHP, at which time after a lengthy public hearing the Council by unanimous roll call vote of those present, denied the request. The request at this time is for rezoning from R-20 to RG-2 (approximately 20 acres) and R-7 (approximately 100 acres). There is presently being entered by Messrs Buckson and Richardson, a suit in Superior Court against the City of Dover concerning the decision of Council in denying the request for Mobile Home Park zoning, Council by a unanimous vote, tabled the request of Messrs Buckson and Richardson pending a decision of the upcoming suit in the Superior Court, pertaining to the City’s denial of the MHP Zoning on this land.
DOVER MODERN MATURITY CENTER
A request has been received from the Dover Modern Maturity Center located a 2 S. Bradford Street, requesting permission to have five (5) parking places reserved for membership only, two (2) spaces on the south side of W. Division Street and three (3) on the west side of S. Bradford Street. The Chief of Police stated that he had an opportunity to look into this request and meet with a representative of the DMMC, but would do so at their convenience. On motion of Mr. Hayes, seconded by Mr. Biggs, Council directed that the Chief of Police look into this matter, and upon his satisfaction and approval, an ordinance will be drawn and presented to Council pertaining to this request.
COUNCIL CHAMBERS PA SYSTEM
Councilman Hayes had requested that a price be solicited for the installation of a public address system in the Council Chambers. An attempt was made to obtain bids prior to this meeting, but only one bid was received from James H. Gentry, that being $973 for an installation of 12 desk type and 1 floor type microphones, 2 wall type multi-speakers and all necessary connectors and cables and the cost of installation. This system is a wire-type system. Mayor Carroll asked if a price had been obtained on a wireless system. It had not, but prices will be obtained on this type system, or any type public address system that would be feasible for the Council Chambers.
CITY PLANNER
A progress report of the hiring of a City Planner to fill the vacancy created upon the resignation of Mr. McCann was requested by Council. City Manager Neylan stated that after advertising to fill this vacancy, he had received approximately twelve applications and that five have been contacted and interviews have been arranged for this applicants. He expects that it will be approximately December 1, 1970 before this vacancy is filled.
VOTER REGISTRATION
On Saturday, September 12, 1970 a total of 19 persons were registered to vote. In conjunction with this voter registration this year, Councilman Coyle questioned as to whether the City is permitted to hold Mobile Registrations. City Solicitor Rodriguez stated that he would have to study the present ordinance governing voter registration before he could answer this question. On motion of Mr. Coyle, seconded by Mr. Legates, Council requested that the City Solicitor and City Clerk look into this matter and if an ordinance change is necessary, one should be prepared for Council’s consideration . Mrs. John Bivens was present and spoke on behalf of the League of Women Voters and pledged their support in helping with a Mobile Registration.
KENT COUNTY REGIONAL PLANNING COMMISSION
An agreement that had been requested by Council at its August 31, 1970 meeting with the County Planner, Mr. Robert O’Brien, was presented to Council at this time. This is an agreement that would recognize the Kent County Regional Planning Commission as the area-wide planning organization int eh County. Mr. O’Brien was present and once again asked Council to favorably accept this agreement in order that the County might receive funds from the Federal Government in order that it might undertake a Comprehensive Plan for Kent County and other studies that are urgently needed. As the agreement stated, the County did not intend to interfere with the planning of the City of Dover. Mr. O’Brien further stated that he has been informed that if such an agreement is not forthcoming, all Federal Grants will cease in this area. He could not assure Council that the terms of this agreement would be upheld by the Federal Government. Council then assured Mr. O’Brien that the City of Dover does not disagree with the Kent County Planning Commission and the work that it is trying to accomplish, but in this agreement there are three parties; The City of Dover, Kent County, and the Federal Government; of which only two were present and could assure one another of their intentions. On motion of Mr. Coyle, seconded by Mr. Hastings, Council by a roll call vote of 7 ‘yes’ and 1 ‘no’, Mr. Holpp, rejected an agreement to recognize the Kent County Planning Commission as the area-wide planning organization. Mayor Carroll further stated that he would, on behalf of the City of Dover, join with the County in overcoming the Federal Government’s requirements in obtaining monies to conduct these studies and preparation of a County-wide Comprehensive Plan.
LOOCKERMAN STREET PUBLIC ADDRESS SYSTEM
A request was received from the Central Dover Business Association asking permission to install a public address system on Loockerman Street. The CDBA has set proposed rules governing the operation of the PA system and the type and volume of music that will be permitted to be played. Mr. Karl Dorzback, Jr., President of the CDBA, was to be present and answer any questions that the Council might have. Mr. Dorzback was unable to attend this meeting. On motion of Mr. Hastings, seconded by Mr. Walls, Council deferred any action on this request until its next meeting, which Mr. Dorzback will attend.
COUNCIL ADJOURNED AT 10:05 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of September 14, 1970 are hereby approved.
SEPTEMBER 15, 1970 Crawford J. Carroll Mayor