REGULAR MEETING
The regular meeting of City Council was held on Monday, November 11, 1968 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Hastings, Hayes, Holpp, Hughes, Jackson and Walls. Councilman Harris was absent.
The invocation was said by the Rev. Leonard Taylor of The Edgehill Community Church if God.
MINUTES
The minutes of the regular meeting of Council held on October 28, 1968 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police for the month of September was accepted.
Report of the Building Inspector and Fire Marshal for the month of October was accepted.
Report of the Alderman for the month of October was accepted. Fines in the amount of $486.60 were remitted to the City of Dover.
Report of the J. P. Court #7 for the month of October was accepted. A check in the amount of $2,602 was remitted to the City of Dover.
Report of 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 was accepted.
Cash Receipts, Electric Improvement Fund, for the month of October was accepted.
City Manager Report for the month of October was accepted.
IBM EQUIPMENT
City Manager Neylan asked permission of Council to enter into an agreement with IBM for the lease of addition equipment to be used in the billing department. The additional equipment would be a small computer that could handle from 2 to 3 times the amount of work in the same allotted time. The present IBM equipment is being leased by the City at a cost of approximately $900 per month. The cost would be increased by approximately $800 per month. The computer would eliminate the need for excessive overtime that will probably be created by the increase in volume of work being put on the present equipment. Delivery on such equipment would be approximately 12 to 15 months. On motion of Mr. Holpp, seconded by Mr. Biggs, Council authorized the City Manager to proceed with an agreement between the City of Dover and IBM for the leasing of the above stated equipment.
TOWN AFFILIATION AWARD
A telegram was received from the Town Affiliation Association notifying the City of Dover that the had placed first in their category of the 6th Annual Town Affiliation Awards sponsored by the Reader’s Digest Foundation. The award will be made at a later date.
ROBBINS HOSE FIRE CHIEFS
A letter was received from the Robbins Hose Company listing the nominations for the Fire Line Officers for the year of 1969. There is no contest for any position thereby no election will be held by Council. Confirmation of these Fire Chiefs will be made at the first meeting of December of the Council.
AGNES WILLEY REZONING
A request has been received from Agnes Willey to rezone a piece of land she owns on U.S. Route 13 from R-20 to C-1A. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. Mr. Walter Ellis, of Lore-Ellis Realty Company was present and spoke on behalf of the realty company, which has option on the property, pending rezoning. No one else was present to speak for or against the rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Hastings, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Harris, adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED ON U.S. ROUTE 13, APPROXIMATELY 210' SOUTH OF RIVER ROAD, FROM R-20 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 R-20 to C01A on the 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 Ordinance of the City of Dover shall be amended by changing the zoning designation from R-20 to C-1A use on the land located on U.S. Route 13, approximately 210' south of River Road, owned by Agnes G. Willey and containing approximately 0.69 acres.
Adopted November 11, 1968
CARE CONSULTANTS REZONING
A request has been received from Care Consultants, Inc. and Ralph Donovan to rezone a parcel of land they own on Kings Highway Northeast from R-20 to RG-2. A public hearing was duly advertised for this time and date. Mayor Carroll declared the hearing opened. Mr. Walter Ellis, of Lore-Ellis Realty Company, agents for parcel of land mentioned above, stated that this land was owned by the two parties above and was at one time to be used as a Nursing Home, but these plans never developed and they now had a buyer who would like to construct apartment houses pending the rezoning. No one else was present to speak for or against the rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Hastings, seconded by Mr. Walls, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Harris, adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED ON THE WEST SIDE OF KINGS HIGHWAY NORTHEAST FROM R-20 TO RG-2 USE.
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 R-20 to RG-2 on the 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 use on the land located on the west side of Kings Highway Northeast, owned by Care Consultants, Inc. and Ralph Donovan, and containing approximately 4.5 acres.
Adopted November 11, 1968
LEGISLATIVE & FINANCE, WAGES & HOURS COMMITTEE
A written report of the Legislative & Finance, Wages & Hours Committee meeting held on Monday, November 4, 1968. On motion of Mr. Holpp, Council accepted the report as presented by the committee Chairman, Mr. Hayes.
PAY RAISE
As a result of the study to increase the salaries of the City of Dover employees, the L & F, W & H Committee recommends the increasing of the salaries of the Police Department as proposed up to and including Sergeants, also increasing the Wage Scale of the General employees by one step and increasing the Salary Scale one step also if through and including Grade G-17. On motion of Mr. Walls, seconded by Mr. Biggs, Council by a vote of 6 ‘yes’, 1 ‘no’, Mr. Hughes, and 1 ‘absent’ Mr. Harris, adopted the recommendation of the Wages & Hours Committee.
BLOOD BANK
The Blood Bank of Delaware now has group plans available under which the City of Dover may qualify. The cost of which is $2.00 for the first year and $1.00 each year thereafter. Any employee now belonging to the Blood Bank may transfer to the City of Dover Group Plan at a cost of $.50 the first year and $1.00 thereafter. All employees of the City, including the Mayor and Council, would be eligible to participate under this group plan. The Committee recommends that the cost of participation by the City of Dover Employees under this group plan be paid annually by the City of Dover. On motion of Mr. Jackson, seconded by Mr. Hastings, Council approved the recommendation of the Legislative & Finance, Wages & Hours Committee.
JOB DESCRIPTIONS
A request has been received by the L & F, W & H Committee to consider the inclusion of Job Descriptions for two positions in the City of Dover. One is the position of Mechanic II - Public Works to be classified in the Grade W-11, and the position of an Administrative Assistant to the City Manager, thereby allowing the City Manager to have a second assistant, both being in Grade G-21. The committee recommends the approval of both job descriptions. Also the City Manager would like the authority to hire a second Engineer in the Electric Department under Grade G-21. There is presently one Engineer in this grade and this would allow the hiring of a second, to fulfil a need that has been created by an overload of work. The Committee recommends the City Manager be allowed to hire a second Engineer as requested. On motion of Mr. Hastings, seconded by Mr. Walls, Council approved the recommendation of the Legislative & Finance, Wages & Hours Committee as outlined above.
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playgrounds & Trees Committee meeting held on Monday, November 4, 1968 was presented by the Chairman, Mr. Hastings. On motion of Mr. Hayes, Council accepted the report as presented.
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee meeting held on Monday, November 4, 1968 was presented by Chairman Hastings. On motion of Mr. Hayes, Council accepted the report as presented.
HARRISON DRIVE NO PARKING
A petition was presented by a portion of the residents on the south side of Harrison Drive in the White Oak Development, protesting the installation of the NO PARKING signs on the south side of Harrison Drive, as authorized by the passage of the ordinance on October 28, 1968. On motion of Mr. Hayes, seconded by Mr. Biggs, Council referred this petition to the Safety Advisory Committee for their study and recommendation.
SCHAEFFER WATER & SEWER REQUEST
A letter was received from Dr. Peter K. Schaeffer requesting to tie into the City sewer and water lines at the property he owns located at 1075 South Governors Avenue. This property is not located within the City Limits, but the sewer and water lines run right in front of his property. On motion of Mr. Hayes, seconded by Mr. Jackson, Council referred this request to the Utility Committee for their study and recommendation.
MCNINCH REZONING
A request has been received from Dr. Eugene McNinch to rezone from RG-1 to RG0 the property located at 800 South Bradford Street. Mayor Crawford Carroll, being a resident of the immediate area of the property to be rezoned and wishing to participate in the public hearing, at this time asked Vice-Mayor Hayes to take the Mayor’s seat and conduct the public hearing. Vice-Mayor Hayes agreed and assumed the seat of the Mayor. A public hearing was duly advertised for this time and date. Voce-Mayor Hayes declared the hearing opened. Dr. Eugene McNinch was present and addressed the Council stating that he wished to move his offices from the Hospital, where they are now located, to the property located at 800 South Bradford Street, pending rezoning. Mr. Crawford Carroll then addressed Council stating that he was not against Mr. McNinch using the property for his operation, but was against rezoning the property to RG0 to protect the neighbors against any future use, should Dr. McNinch decide to sell this property. City Solicitor Rodriguez then stated that the Council had but two choices on the rezoning request, that of either granting or denying the same. Upon denying the request the Council could then hold a public hearing to consider the granting of a variance for a permitted use under the RG-1 Zoning Designation, thereby granting a conditional use to Dr. McNinch for the property located at 800 South Bradford Street. Vice-Mayor Hayes then declared the hearing closed. On motion of Mr. Walls, seconded by Mr. Hastings, Council by a vote of 6 ‘yes’ and 1 ‘absent’, Mr. Harris, denied the request for rezoning of the property located at 800 South Bradford Street from RG-1 to RG0.
MCNINCH VARIANCE
On motion of Mr. Walls, seconded by Mr. Holpp, Council by a vote of 5 ‘yes’, 1 ‘no’, Mr. Hughes, and 1 ‘absent’, Mr. Harris, adopted the following resolution, and referred to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE AND DIRECTING THAT A NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, a certain property located at 800 South Bradford Street is presently zoned for RG-1 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held at City Hall at 8:00 P.M. on December 9, 1968, on a proposed amendment to the zoning ordinance of the City of Dover which would permit a professional office of physicians to be operated on the premises known as 800 South Bradford Street, Dover Delaware resident and permitting more than one non-resident assistant, said office being permitted to occupy 100% of the building, said use to be permitted only so long as the building is owned by its present owner and not rented.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted November 11, 1968
Mayor Carroll returned at this time to resume his normal duties as Mayor of Council.
VIRGINIA AVENUE IMPROVEMENTS
A public hearing had been duly advertised for this time and date for the consideration of the improvement of Virginia Avenue in the development known as Northwest Dover Heights. Mayor Carroll declared the hearing opened. No one was present to speak for or against the request to improve Virginia Avenue. On motion of Mr. Holpp, seconded by Mr. Hayes, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Harris, adopted the following ordinance.
AN ORDINANCE AUTHORIZING THE IMPROVEMENT OF VIRGINIA AVENUE IN THE DEVELOPMENT KNOWN AS NORTHWEST DOVER HEIGHTS.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. The City Manager is directed to proceed with the paving of Virginia Avenue and the installation of curbs, sidewalks, storm drainage, street lights, street signs and water lines for the distance of 238 feet on Virginia Avenue from the northerly right of way line of Walker Road as the same appears on the plan of Northwest Dover Heights, in the office of the Recorder of Deeds, in and for Kent County.
2. The City Manager shall cause to be entered in the Municipal Lien Docket a notation of all properties abutting the proposed project and the names of the owners thereof. This shall be considered notice of the proposed project to all property owners and subsequent purchasers that the abutting properties shall be assessed for the costs of paving and the installation of the curbs, sidewalks, storm drainage, street lights, street signs and water lines.
3. Within 60 days after completion of construction of the above-mentioned improvements the Council shall determine the actual cost of the installation and the share assessable against the abutting properties.
Adopted November 11, 1968
PYOTT REZONING
A request has been received from Mr. George Pyott to rezone a parcel of land he owns on the west side if U.S. Route 13. A public hearing is required prior to amending the Zoning Map and Zoning Ordinance. On motion of Mr. Hayes, seconded by Mr. Hastings, 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 A NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located east of U.S. Route 13 and adjacent to the St. Jones River and Puncheon Run are presently zoned for C-4 and R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning ordinance and the zoning 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 on Monday, December 9, 1968 at 8:15 P.M. in the Council Chambers of City Hall on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from C-4 and R-20 to Rg-2 and C-4 that land located east of U.S. Route 13 and bounded as follows: on the east by the St. Jones River; on the south by Puncheon Run; on the west by U.S. Route 13, land of Outten Bros., George Pyott, Robo Car-Wash, and William Lloyd; and on the north by lands of George Plott and Mrs. A. Carroll, and containing approximately 51 acres.
2. That a notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted November 11, 1968
Council adjourned at 9:40 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of November 11, 1968 are hereby approved.
November 13, 1968 Crawford J. Carroll Mayor