REGULAR MEETING

March 23, 1970

The regular meeting of City Council was held on Monday, March 23, 1970 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Coyle, Hastings, Hayes, Holpp, Legates and Walls. Councilman Hughes was absent.

MINUTES

The minutes of the regular meeting of City Council held on March 9, 1970 were accepted and bore the written approval of Mayor Carroll.

LEGISLATIVE AND WAGE SCALE

A written report of the Legislative & Finance, Wages & Hours Committee meeting held on March 16, 1970 was presented by Chairman Hayes. On motion of Mr. Walls, seconded by Mr. Biggs, Council accepted the report as presented.

 

UTILITY COMMITTEE

The Wage & Hours Committee has recommended changes in certain positions in reference to the wage scale and classification of these positions. On motion of Mr. Walls, seconded by Mr. Biggs, Council authorized the reclassification of the following positions be made to the grades indicated:

            To Grade W-7:           Auxiliary Operator Helper                 (from W-4)

                                                Groundman, Electric                          (from W-6)

            To Grade W-9:           Turbine Operator                                (from W-7)

                                                Mechanic I - Power Plant                   (from W-8)

            To Grade W-11:         Auxiliary Operator                             (from W-10)

                                                Meterman A - Electric                        (from W-10)

            To Grade W-13:         Senior Meterman - Electric                (from W-16)

                                                Senior Electrician - Electric               (from W-15)

            To Grade W-17:         Foreman - Metering & Relaying        (new position)

The wage scale would provide for increase from step A to step B after six months of satisfactory employment and then increases after step B would be made annually. A cost of living supplement would provide for a maximum cost of living increase to be made on January 1 each year of 10¢ per hour for the hourly employees and $4.00 per week for the salary employees. This would be tied to the cost of living index of the U.S. Department of Labor for this area. On motion of Mr. Walls, seconded by Mr. Biggs, Council adopted the wage scale and cost of living supplement to become effective July 1,1970.

UTILITY COMMITTEE

A written report of the Utility Committee meeting held on March 18, 1970 was presented by Chairman Holpp. On motion of Mr. Hayes, seconded by Mr. Walls, Council accepted the report as presented.

MAYNARD REED PROPERTY

City Manager Neylan has been negotiating with Mr. Maynard Reed for the purchase of a piece of property that he owns on the extension of Saulsbury Road, west of Route 8. This land would be used for the installation of a substation at a future date. On motion of Mr. Legates, seconded by Mr. Holpp, Council authorized the City Manager to purchase the piece of land plus any right-of-way that might be required for electric lines for a price not to exceed $10,000.

DENNIS REZONING REQUEST

A request was received from Dr. Edward Denis to rezone a piece of property that he owns located on the southeast corner of Kirkwood and Reed Streets. A public hearing is required prior to amending the Zoning Ordinance and Zoning Map of the City of Dover. On motion of Mr. Coyle, seconded by Mr. Walls, Council 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 on the southeast corner of Kirkwood & Reed Streets 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 April 27, 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-1A that property located on the southeast corner of Kirkwood & Reed Streets, owned be Dr. Edward Dennis, and containing approximately 13,000 square feet.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

Adopted March 23, 1970

WILMINGTON TRUST COMPANY REZONING

A request had been received from Wilmington Trust Company (100 West Tenth Street Corp.) And G. Leslie Gooden to rezone property they own located on Kings Highway. A public hearing had been advertised for this time and place. Mayor Carroll declared the hearing opened. Mr. Max Terry, representing G. Leslie Gooden and Wilmington Trust Company was present and spoke on behalf of his clients. No one else was present to speak for or against the rezoning. The Planning Commission has recommended approval of these requests. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Hayes, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Hughes, adopted the following ordinance.

WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property with in 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 C-2A, M, and I0 to C-2 on that land located 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 C-2A, M, and I0 to C-2 on that land located on Kings Highway as follows: from I0 to C-2 the property located at 27 Kings Highway, south of The Dinner Bell Inn, both owned by the Wilmington Trust Company, and from M to C-2 on the property located on 39-40 Kings Highway, owned by G. Leslie Gooden, equitable owner is the Wilmington Trust Company.

Adopted March 23, 1970

KEPHART REZONING

A request has been received from Mr. Raymond Kephart to rezone property located on South Little Creek Road, recently annexed to the City of Dover, for Mobile Home Park Zone (MHP). On motion of Mr. Hayes, seconded by Mr. Coyle, Council tabled the setting of a public hearing for the rezoning, and referred this application to the Planning Commission for their study in conjunction with the Comprehensive Plan they are now preparing for the City of Dover. A public hearing will be set after study has been made by the Planning Commission.

GSA BUILDING

Sketches of the proposed construction of the Federal Office Building by the GSA in the vicinity of New and North Streets was received a couple of meetings ago and referred to the Planning Commission for their study and recommendation. The Planning Commission has recommended that the “federal” style structure be submitted to the GSA. On motion of Mr. Holpp, seconded by Mr. Biggs, Council also recommended the “federal” style construction. Mayor Carroll stated that he would communicate the feelings of the Council and the Planning Commission tot eh GSA and their Architect.

HINKLE BUILDING

A request was received from the Community Singers regarding the City’s consideration of disposition of the Hinkle Building. City Manager Neylan stated that he has contacted Laird, Bissle & Mead, the occupant of the building adjacent to the Hinkle Building, but they were no longer interested in acquiring same. A price of approximately $20,000 has been estimated to demolish the building, due to the feet that a common wall exist between the Hinkle Building and the Building next door, therefore requiring a buttress to be erected in the event the Hinkle Building were demolished. The Community Singers have requested that the City of Dover rehabilitate the building. A contact was also made to the City for space for the “Modern Maturity Center” in the Hinkle Building. Building Inspector Roe stated that the electric has been shut off due to violations of the City Code. On motion of Mr. Holpp, seconded by Mr. Coyle, Council requested that the City Manager obtain estimates on rehabilitating the Hinkle Building, these estimates to be reported to Council for their consideration.

EDGELL REZONING

A request had been received from Mr. Louis Edgell to rezone a small piece of land he owns located on the south side of Walker Road. A public hearing had been duly advertised for this time and place. Mayor Carroll declared the hearing opened. Mr. Walter Ellis, representing Mr. Edgell, was present and spoke on behalf of the rezoning. No one else was present to speak for or against the request. The Planning Commission has recommended approval of this request. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Biggs, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Hughes, adopted the following ordinance.

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF LAND LOCATED ON THE SOUTH SIDE OF WALKER ROAD, OWNED BY MR. LOUIS EDGELL, FROM M, I0, AND C-1A TO I0, C-1A AND M 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 I0, M, and C-1A to M, C-1A and 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 Zoning Ordinance of the City of Dover shall be amended by changing the zoning designation from C-1A, M and I0 to M, I0 and C-1A on that land located on the south side of Walker Road between the Penn Central Railroad and Fairview Elementary School and containing approximately 750 square feet.

Adopted March 23, 1970

LORE-ELLIS AND ANNE CARR REZONING

A request had been received from Mrs. Anne E. Carr, owner, and Lore-Ellis Realty Co., equitable owner, to rezone a parcel of land located on U.S. Route 13 in the East Lake Garden area. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. Mr. Walter Ellis was present and spoke on behalf of Mrs. Carr and the Lore-Ellis Realty Co. on this request. Mr. Ellis stated that original request for rezoning contained two parcels on land, the first being fronted by U.S. Route 13 containing four lots, and the other parcel also containing four lots directly west of and behind the four lots on U.S. Route 13. The U.S. Route 13 lots were requested for C-1A and the other four for RG-3. The RG-3 request has since been withdrawn, so only consideration of the C-1A request be taken up at this time. At present there are deed restrictions in this area prohibiting commercial enterprises and zoning on these lots. Mr. Ellis stated that their Attorney is working on having these restrictions removed from the deed. The Planning Commission has recommended approval of the rezoning of the four lots from R-7 to C-1A. Mayor Carroll declared the hearing closed. On motion of Mr. Coyle, seconded by Mr. Holpp, Council tabled any further action on this request until advice from the City Solicitor could be obtained regarding the deed restrictions on the four lots to be rezoned.

CENTRAL DOVER BUSINESS ASSOCIATION

A request has been received from the Central Dover Business Association to post signs approximately 3' x 3' in size on U.S. Route 13 at selected sites directing people to the Downtown Dover Business District. On motion of Mr. Hayes, seconded by Mr. Coyle, Building Inspector Roe was requested to contact the CDBA President, Mr. Fred Kelly, and to the location and number of signs requested and report back to Council at the next meeting.

DELAWARE MOBILE HOME ASSOCIATION

A letter was received from the Delaware Mobile Home Association expressing their gratitude for the Council’s adoption of the Mobile Home Park Zone classification and at the same time offered a helping hand in any problems that might arise from such zoning, of which they might be able to help solve. They also urged the Council to reconsider the $30 per year tax on mobile homes.

STOP SIGN ORDINANCE

On motion of Mr. Hastings, seconded by Mr. Biggs, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Hughes, adopted the following ordinance.

AN ORDINANCE ESTABLISHING STOP SIGNS IN THE CITY OF DOVER

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1.   That, stop signs be erected at the following intersection in the City of Dover:

      a.   On the northwest corner of the intersection of Lakeview Drive with Sunset Drive causing traffic traveling in a southerly direction on Sunset Drive to stop at the intersection.

      b.   On the southwest corner of the intersection of Silver Lake Drive with Sunset Drive causing traffic traveling in a easterly direction on Silver Lake Drive to stop at the intersection.

      c.   At the northwest corner of the intersection of Lakeview Drive with East Drive causing traffic traveling on the East Drive to stop at the intersection.

      d.   On the southwest corner and northwest corner of the intersection of Lakeview Drive with U.S. Route 13, southbound lane causing traffic traveling in an easterly direction on Lakeview drive to stop at the intersection.

      e.   On the northeast corner of the intersection of East Drive with Spring Garden Street causing traffic traveling in a northerly direction on East Drive to stop at the intersection.

      f.   On the northwest corner of the intersection of Spring Garden Street with U.S. Route 13, southbound land causing traffic traveling in an easterly direction on Spring Garden Street to stop at the intersection.

2. That this Ordinance shall be enforced upon the erection of the appropriate signs.

Adopted March 23, 1970

MAINTENANCE - LIBRARY GROUNDS

A request had been received through Mayor Carroll from the Library Commission asking that the City of Dover consent to helping the Library Commission maintain the grounds around the Library. They have neither the manpower or time to do the full job required. On motion of Mr. Holpp, seconded by Mr. Hayes, Council authorized the City Manager to help the Library Commission in the maintenance of the grounds around the Library, wherever feasible on the part of the City of Dover.

HASTINGS SQUARE

A letter was received from Mr. M. Hayes Wilson, Jr., resident of Laurel Drive, regarding the proposed construction of low income housing units on the land to be known as Hastings Square. He was at this time asking the Council to consider the orderly growth of the City of Dover and reconsider the zoning of this area that would grant the construction of the low income housing units. Mr. Walter Ellis, Realtor representing the builder and Mr. A. Richard Barros, Attorney, representing the Home Owners in the Laurel Drive area, were both present and spoke on behalf of their respective clients. On motion of Mr. Hastings, seconded by Walls, Council requested that the Planning Commission withhold any further approval of Hastings Square pending a conference with the City Solicitor and his opinion as to any action that might be taken by the Council in this matter

Discussion was then brought before Council concerning the rezoning of property within the City of Dover and then the owner or developer makes no immediate effort to utilize this zoning change. On motion of Mr. Coyle, seconded by Mr. Hayes, Council requested that the City Solicitor draw an ordinance that would provide for a limit of one year, at which time if construction has not been started the zoning would revert to the previous zoning.

KERBIN - WATER STREET ORDINANCE

On motion of Mr. Hayes, seconded by Mr. Biggs, Council requested that an ordinance be drawn that would remove two (2) parking places on the south side of Water Street, west of Kerbin Street, as recommended by Chief of Police Spence. This is a result of constant requests from people who use this intersection frequently and complain or poor visibility when trying to enter Water Street from Kerbin Street, their vision being blocked by the brick wall surrounding the cemetery of Christ Church.

Council adjourned at 9:10 P.M.

Jay R. Dougherty

City Clerk

All orders, ordinances and resolutions adopted by Council at its meeting of March 23, 1970 are hereby approved.

                                                                                                                                                            

March 24, 1970                                                                                   Crawford J. Carroll Mayor