REGULAR MEETING
June 22, 1970
The regular meeting of City Council was held on Monday, June 22, 1970 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Coyle, Hastings, Hayes, Holpp, Legates and Walls.
MINUTES
The minutes of the regular Council meeting of June 8, 1970 were accepted and bore the written approval of Mayor Carroll.
OATH OF OFFICE - ALBERT W. HOLMES
The Honorable William J. Storey, Resident Associate Judge of the Superior Court, administered the oath of office to Mr. Albert W. Holmes. Mr. Holmes was appointed to fill the unexpired term of the late Randolph Hughes, Councilman from the First District, this term to expire February, 1972.
COMMITTEE APPOINTMENTS
Mayor Carroll present to Council a realignment of the Standing Committees. On motion of Mr. Holpp, seconded by Mr. Biggs, Council approved the following Committee Appointments.
BUILDING CODE APPEALS COMMITTEE - City Manager; William A. Hayes; Charles A. Legates
BUILDING, HOUSING & PLUMBING CODE COMMITTEE - Carleton Walls, Chairman; Alfred S. Biggs; William A. Hayes
COMMITTEE OF COMMITTEES - William A. Hayes, Chairman; Victor E. Holpp, Turner B. Hastings, Carleton Walls
PARKS, PLAYGROUNDS & TREES COMMITTEE - Turner B. Hastings, Chairman; Joseph Coyle; Albert W. Holmes; James Hardcastle; Patrick Knight
SAFETY ADVISORY COMMITTEE - Turner B. Hastings, Chairman; Joseph Coyle; Albert W. Homes
WAGES & HOURS, LEGISLATIVE & FINANCE COMMITTEE - William A. Hayes, Chairman; Alfred S. Biggs, Charles A. Legates
All remaining Committees will stand as appointed at the Annual Meeting in February, 1970
DOVER - LAMIA ASSOCIATION
Mrs. Sarah Beckett, representing the Dover-Lamia Association, was present and addressed Council on the present activities of the Association and the future projects to be undertaken, such as, the enrollment of a student in Wesley College in the fall term from Lamia, Greece. Mrs. Beckett also presented to Mayor Carroll on behalf of the City of Lamia, Greece, a gift of a Greek Sword. Mayor Carroll accepted the gift on behalf of the City of Dover, and thanked Mrs. Beckett and the entire Dover-Lamia Association for their work in conjunction with the Sister-Cites Program.
TUNJA, COLUMBIA - SISTER CITY
An invitation has been extended to the City of Dover through the “People-toPeople Program” to become a Sister-City to Tunja, Colombia. On motion of Mr. Walls, seconded by Mr. Holpp, Council by unanimous vote adopted the following resolution.
RESOLUTION OF THE COUNCIL OF THE CITY OF DOVER, DELAWARE EXTENDING AN INVITATION TO THE CITY OF TUNJA, COLOMBIA, TO BECOME A SISTER-CITY AND INVITING THE PEOPLE OF TUNJA, COLOMBIA TO PARTICIPATE IN SAID PROGRAM.
WHEREAS, the “People-toPeople Program” was inaugurated by the President of the United States in 1956 to establish greater friendship and understanding between the peoples of the United States and other nations through the medium of direct personal contact, and
WHEREAS, all succeeding U.S. Presidents have endorsed said program, to be conducted for the broad purposes of the exchange of ideas and people between the citizens of the United Stated of America and the peoples of other nations, and
WHEREAS, to implement this program Dover and other communities in the United States have been requested by the Town Affiliation Association of the U.S., Inc. to affiliate with cities in other nations of similar characteristics and mutual interest, and
WHEREAS, the City of Dover, through its Council, does recognize and endorse this program with the hope that it will lead to a lasting friendship between the people of Dover and Tunja, Colombia;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DOVER, AS FOLLOWS:
1. That this Council on behalf of the people of Dover does hereby extend an invitation to the government and the people of the City of Tunja, Colombia to participate with Dover as its sister-city for the purpose of creating greater mutual understanding between the peoples of our two great cities and nations.
2. The Mayor is hereby authorized to act as official representatives of Dover to carry out this program.
3. That copies of this Resolution are to be sent to the Mayor and Council of the City of Tunja, Colombia the Town Affiliation Association of the U.S., Inc., and the Embassy of Colombia.
ADOPTED JUNE 22, 1970
PARADE AND ASSEMBLY ORDINANCE
On motion of Mr. Holpp, seconded by Mr. Hastings, Council by unanimous vote adopted the following ordinance.
AN ORDINANCE AMENDING THE DOVER CITY CODE PROVISIONS RELATING TO PARADES AND ASSEMBLIES
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That the Dover City Code, Article II, Section 6-4 be amended as follows:
Article II. PARADES AND ASSEMBLIES
Section 6-4. License Required
(a) It shall be unlawful for any person, lodge, association, band or other organization, with or without music, lights, banners or other paraphernalia, to parade on the streets of the City or to hld assemblies or gatherings in or on any public property, street or building without first obtaining a license therefore from the Chief of Police.
(b) In order to obtain a license as required in subsection (a) an application for such license must be filed with the Chief of Police. Applications must be made at least 5 days in advance of the event applied for by a resident of the State of Delaware and accompanied by a $10.00 application fee.
(c) Applicants for licenses must be a representative of an organization, firm or club group.
(d) Applicants are responsible for the conduct of persons taking part in the event applied for, as well as the adherence to date, time and route or place of the event.
(e) Applications must be filled out completely and accurately. They must be signed by the applicant and not his designate. All applications must be made under oath and properly notarized.
(f) No applications will be approved where the applicant does not represent any organizations, firm, or club which is not recognized as a bona fide organization, firm or club; or where the organization, firm or club has a reputation for violence, disorder, or advocates the overthrow of any government, city, state, or nation. No applications will be granted to a convicted felon or to an organization having a convicted felon as its officer or director.
(g) The application shall contain the following information:
1. Name and address of the organization represented.
2. Name and address of the applicant.
3. Date of application.
4. Date of the event.
5. Time of the event.
6. Place of the event - if a parade - entire route.
7. Point of assembly
8. Point of dispersal
9. Number of persons taking part.
10. Of less than 25, the names and addresses of all persons involved.
11. Signature, address, telephone number of applicant.
(h) The parade route or assembly point shall be subject to approval of the City of Dover Police Department and may changed by the City of Dover Police Department at any time without notice.
(i) The Chief of Police may deny any application for a license for failure of the application to comply with the requirements of this section or for any reason contained in this section or for any other reason to protect the health, safety and general welfare of the residents of the City or property in the City of Dover.
ADOPTED JUNE 22, 1970
JOHN BIVENS LETTER
A letter was received from Mr. John Bivens, expressing his appreciation and that of many citizens of the City of Dover for the beautiful flowers that are planted throughout the City. He wished to thank those responsible for the extra effort put forth to make the City of Dover look so nice.
PRELIMINARY CENSUS COUNT
A letter was received from the U.S. Department of Commerce, Bureau of the Census, stating the preliminary census court for 1970 is 17,165. The official announcement of population will be made at a later date by the Director of the Bureau of the Census.
SIDEWALK SALE - ANTIQUE CAR SHOW
A letter was received from the Central Dover Business Association requesting permission to have a sidewalk sale and antique care show on Loockerman Street on July 17th and 18th. They are requesting permission to put merchandise on the sidewalks of Loockerman Street on July 17th and 18th, and to close Loockerman Street from State Street to Governors Avenue and Bradford Street from Loockerman Street to Minor Street on July 18th for the Antique Car Show. On motion of Mr. Hayes, seconded by Mr. Holpp, Council granted this request to the CDBA, and requested they work out the details with the City Manager, Chief of Police and the Fire Chief.
WALKER ROAD ALLEY-FAIRVIEW & LAKEWOOD
A public hearing was duly advertised for this time and place for the purpose of consideration of the abandonment of a portion of an alley running from Lakewood Place to Fairview Avenue, south of Walker Road. Mayor Carroll declared the hearing opened. No one was present to speak for or against the vacating or abandonment of this alley. Councilman Hayes stated that he felt that there would be advantage in closing this alley, since it wasn’t being used as such at this time, but might be utilized in the future. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Coyle, Council denied the request to abandon and vacate the above mentioned alley.
BROWN STREET AND ALLEY - ABANDONMENT
A public hearing was duly advertised for this time and place for the purpose of abandonment and vacating of a portion of Brown Street and a 15' alley. Mayor Carroll declared the hearing opened. No one was present to speak for or against the request. Mayor Carroll declared the hearing closed. On motion of Mr. Hastings, seconded by Mr. Hayes, Council by unanimous vote approved the abandonment and vacating on a portion of Brown Street and a 15' alley both lying west of Pear Street, and adjacent to the City of Dover property known as the City Warehouse.
FRANCIS R. LORE RESIGNATION
A letter was received from the Dover Housing Authority notifying the City of Dover that Mr. Francis R. Lore was submitted his resignation from the Dover Housing Authority, effective immediately. The Housing Authority has requested that Mayor Carroll make a re-appointment at his earliest convenience.
HASTINGS SQUARE PROJECT
Mr. Leon N. Weiner, proposed builder of the Hastings Square Project, was present and addressed Council. Mr. Weiner was concerned over the fact that he was refused a Building permit by the Building Inspector on June 16, 1970. Mr. Roe, Building Inspector, at that time gave Mr. Weiner a letter stating that he was instructed by Council to issue no permits for the Hastings Square Project. Mr. Weiner outlined the time schedule that has been carried out by the builder. He stated that he has complied with all of the requirements necessary for both the City of Dover and the Federal Government. Mayor Carroll then asked Mr. Weiner if all the Federal requirements were met, in so much as the Council has felt that they have not been met. Mr. Weiner further stated that all requirements have been met.
A letter was also received from the Dover Housing Authority expressing their concern over the City’s action in halting the development of the Hastings Square project. They stated that they would appreciate any help and suggestions in order that the project may continue with expediency.
PAUL REZONING
A request had been received from the Paul Land Development Co. to rezone a parcel of property located on the west side of U.S. Route 13, between River Road and St. Jones River. A public hearing was held before Council on 26th of January, 1970. Action on this request was tabled at that time, pending a recommendation from the Planning Commission. On motion of Mr. Legates, seconded by Mr. Coyle, this request was removed from the table. The Planning Commission recommended that this request be denied. On motion of Mr. Hastings, seconded by Mr. Walls, Council by unanimous vote approved the recommendation if the Planning Commission and denied this request for rezoning.
SULLIVAN REZONING
A request has been received from Mr. Daniel Sullivan to rezone a parcel of land located on the northwest corner of U.S. Route 13 and Loockerman Street from R-10 to I0. A public hearing was held on May 11, 1970 at which time it was determined that there are deed restrictions on this property. Action on this request was tabled, pending a review by the City Solicitor on the deed restrictions and a request made to he State Highway Department on the ingress and egress approval by them for this property. On motion of Mr. Coyle, seconded by Mr. Walls, Council removed this request from the table. Mr. Andrew Couhig, representing the owner was present and stated that the necessary signatures had been obtained for the release of the deed restrictions and that the traffic pattern would have to be approved by the City of Dover in the Site Development submission to the Planning Commission. Chief Spence then stated that he thought that proper ingress and egress to this property could be worked out with the State Highway Department. On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous vote adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY BY CHANGING THE ZONING DESIGNATION OF THE PROPERTY LOCATED ON THE NORTHWEST CORNER OF U.S. ROUTE 13 AND LOOCKERMAN STREET OWNED BY MR. DANIEL SULLIVAN, FROM R-10 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 R-10 to I0 use 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-10 to I0 on that land located on the northwest corner of U.S. Route 13 and Loockerman Street, owned by Mr. Daniel Sullivan, and containing approximately 0.50 acres.
ADOPTED JUNE 22, 1970
ZONING ORDINANCE AMENDMENT
A request has been received from the Planning Commission to amend the Zoning Ordinance by making various changes and updating the Zoning Ordinance. A public hearing is required prior to amending the Zoning Ordinance. On motion of Mr. Hastings, seconded by Mr. Hayes, Council by unanimous vote adopted the following resolution.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENTS TO THE ZONING ORDINANCE AND DIRECTING THAT A NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain amendments have been request for the City of Dover Zoning Ordinance, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning 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 on July 27, 1970 at 8:00 P.M. in City Hall on a proposed amendments to the zoning ordinance of the City of Dover, such amendments necessary to update the Zoning Ordinance. A copy of the proposed amendments are on file in the office of the Clerk of Council.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JUNE 22, 1970
McCANN RESIGNATION
City Manager Neylan stated that Mr. Richard McCann, City Planer has submitted his resignation from the City of Dover effective August 1, 1970.
STREET DEEDS - WOODCREST, WEDGEWOOD, WILLIS ROAD
City Manager Neylan has stated that the deeds to the remaining streets in Woodcrest, Wedgewood, and the portion of Willis Road in the Dickinson Arms development, have been received from the developers, who wish them to be accepted at this time. These streets have been inspected by the City and are acceptable at this time. On motion of Mr. Hayes, seconded by Mr. Walls, Council accepted the deeds as outlined above.
EAST-WEST CONNECTOR
A letter was received by the City of Dover from the State Highway Department in conjunction with the proposed East-West Connector in Dover. The Highway Department has requested that the City of Dover study the four proposed routes and take a position as to which route they favor prior to a public hearing being held by the Highway Department. The feeling of Council at this time is, that a public hearing being held by the Highway Department. The feeling of Council at this time is, that a public hearing should be held first to determine the publics feeling on the proposed routes, prior to a recommendation from Council. On motion of Mr. Hastings, seconded by Mr. Hayes, Council requested that the State Highway Department be so notified as to the position the Council has taken at this meeting on the above request.
COUNCIL ADJOURNED AT 9:00 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of June 22, 1970 are hereby approved.
June 23, 1970 Crawford J. Carroll Mayor