REGULAR MEETING
The regular meeting of City Council was held on Monday, October 28, 1968 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Harris, Hastings, Hayes, Holpp, Hughes, Jackson and Walls.
OATH OF OFFICE - CARLETON WALLS
City Alderman William T. James administered the oath of office to Mr. Carleton Walls, he having been appointed by Council to fill the unexpired term of the late Earl D. Smith, Sr.
MINUTES
The minutes of the regular meeting of Council held on October 14, 1968 were accepted by Council and bore the written approval of Mayor Carroll.
SCHOOLVIEW REZONING
A request has been received from P & B Builders to rezone two lots adjacent to the entrance to the Schoolview Development. A public hearing is required prior to amending the Zoning Map and Zoning Ordinance. On motion of Mr. Hayes, 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 A NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located at the southwest and southeast corners of South Little Creek Road and Roberta Avenue are presently zoned for C-1 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 at City Hall at 8:00 P.M. on November 25, 1968 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from C-1 to R-8 those lots located on the Southwest and Southeast corners of South Little Creek Road and Roberta Avenue, owned by P & B Builders and containing approximately 0.5 acres.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted October 28, 1968
SAULSBURY ROAD WATER LINE - PROJECT NO. 39
Bids were received today on the construction of a water line from Walker Road to Forest Street along Saulsbury Road. Four bids were received, the lowest being that of Teal Construction Company, $18,940.00. On motion of Mr. Holpp, seconded by Mr. Hastings, Council authorized the City Manager to award the contract to the low bidder, Teal Construction Company.
PUMPING STATIONS & FORCE MAINS - PROJECT NO. 34
Bids were received today on the construction of pumping stations and force mains to serve both the Dover Downs area and the area known as the Danner Farm and the Beaches. A State grant in the amount of 40% is available to off set the construction cost to the City of Dover. Four bids were received, the low bidder being Teal Construction Company in the amount of $99,943.35. Mr. Matt Mitten, representing W. B. Mitten & Sons, addressed the Council at this time and stated that the bid advertisement listed a time of opening of bids for 3:00 P.M. EDT, and the bids were actually opened at 3:00 P.M. EST, or one hour later than advertised. Mr. Mitten claimed that only one bid had been received by the City at the time of the legal advertisement. Mayor Carroll then asked Mr. Mitten if he were filing a formal complaint at this time, asking that the bids be denied on his allocation. Mr. Mitten stated that he was not filing a complaint, that it was just a point he wished to bring to the attention of the Councilmen. On motion of Mr. Hayes, seconded by Mr. Harris, Council authorized the City Manager to award the contract for Project No. 34 to the low bidder, Teal Construction Company. An application for a Federal Grant, previously approved by Council, will be withdrawn with the award of this contract.
COMMITTEE APPOINTMENTS
On motion of Mr. Walls, seconded by Mr. Hayes, Council approved the recommendations of the Mayor, appointing Mr. Hastings as permanent chairman of the Safety Advisory and the Park, Playgrounds & Trees Committees and also the appointment of Mr. Walls to fill the vacancy on these two committees created upon the death of Councilman Earl D. Smith, Sr.
ANNUAL AUDIT
Copies of the annual audit were received by Council from the auditing firm of Manter & Richardson, Inc. On motion of Mr. Holpp, Council requested the firm of Manter & Richardson be contacted and asked to be present at one of the Council meetings of November to formally present the report to the Council.
MOBILE HOMEPARK
A letter was received from Mr. James G. Smith stating that he would like to construct a mobile home park on the land known as the Foreaker Farm on the Persimmon Tree Lane. Presently there is no zoning classification for mobile homes in the City of Dover. He respectfully request that Council have drafted a zoning classification which will permit a quality mobile home park to be built and operated in the City of Dover. On motion of Mr. Hastings, seconded by Mr. Harris, Council referred this request to the Planning Commission for their recommendation.
GSA OFFICE BUILDING
A letter was received along with two sketches from the Architect firm of W. Ellis Preston on the proposed changes in the construction of the Federal Office Building to be built in the area of New Street and North Street. Mr. Preston stated that he has received no further word from the GSA since their meeting with the City of Dover Officials on July 11, 1968, but was proceeding on the presumption that a change was to be made in the design. Mayor Carroll stated that he would write to Mr. Preston acknowledging receipt of the prints and expressing the feelings of Council that print No. 2 would be the most desirable in the opinion of the Council.
EDGEHILL REZONING
A letter was received from Mr. Robert George, president of the J. Ehrlich Realty Company, requesting that their petition for rezoning for town houses in the Edgehill area of Dover be withdrawn. On motion of Mr. Harris, seconded by Mr. Hastings, Council acknowledged receipt of the letter and withdrew their request for rezoning.
BEHEN REZONING
A request had been received from William & Sarah Behen to rezone from R-8 to C-1 the property located at 900-906 East Division Street. A public hearing was duly advertised for this time and date. Mayor Carroll declared the hearing opened. Mr. Max Terry, Jr., attorney for the Behen’s was present and addressed the Council on their behalf, stating their reasons for the request. No one else was present to speak for or against the rezoning. The Planning Commission recommended approval of the rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Hastings, Council by unanimous vote 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 PROPERTY LOCATED AT 900-906 EAST DIVISION STREET FROM R-8 TO C-1 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-8 to C-1 use on the property located in the area 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-8 to C-1 use on the property located at 900-906 East Division Street, owned by William & Sarah Behen and containing approximately one-third (1/3) acre.
Adopted October 28, 1968
SAULSBURY ROAD REZONING
A request has been received by Council to rezone an area located in West Dover bounded by Saulsbury Road, Fulton Street Extended and Forest Street, McKee Run and the Penn Central Railroad. A public hearing was duly advertised for this time and date. Mayor Carroll declared the hearing opened. Several residents of the area known as Northwest Dover Heights were present, these being Messrs James Young, Clarence Crims, William Hearne, Joseph Jackson and Everett Wood. They questioned the new zoning designation of their development and were informed that as presently zoned, R-20, they were non-conforming, and as R-8 they would then be in a conforming zoning designation. They also questioned the area just east of Northwest Dover Heights, which is presently zoned M, (Manufacturing). They were informed that this area was not involved in this public hearing, as it had been rezoned to the M designation approximately three years ago. No one else was present to speak for or against the rezoning. The Planning Commission has recommended the rezoning as advertised. Mayor Carroll declared the hearing closed. On motion of Mr. Harris, seconded by Mr. Hayes, Council by unanimous vote 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 BOUNDED BY MCKEE RUN, THE PENN CENTRAL RAILROAD, SAULSBURY ROAD AND FULTON STREET EXTENDED AND FOREST STREET FROM R-20 TO R-8, IPM, I0, C-3 AND RG-1 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 R-8, IPM, I0, C-3 and RG-1 use on the area 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 R-8, IPM, I0, C-3 and RG-1 use on the area bounded by McKee Run, the Penn Central Railroad, Fulton Street Extended and Forest Street and Saulsbury Road, this area located on the western limits of the City of Dover.
Adopted October 28, 1968
PRELIMINARY LOAN - DOVER HOUSING AUTHORITY
A request has been received from the Dover Housing Authority asking Council to adopt a Resolution approving application of a preliminary loan by the Housing Authority for surveys and planning of low rent housing in the Dover area. On motion of Mr. Harris, seconded by Mr. Holpp, Council adopted the following resolution.
RESOLUTION APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW RENT PUBLIC HOUSING
WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate housing, to prevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of its citizens; and
WHEREAS, under the provisions of the United States Housing Act of 1937, as amended the Housing Assistance Administration is authorized to provide financial assistance to local public housing agencies for undertaking and carrying out preliminary planning or low-rent housing projects that will assist in meeting this goal; and
WHEREAS, the Act provides that there shall be local determination of need for low-rent housing to meet needs not being adequately met by private enterprise and that the Housing Assistance Administration shall not make any contract with a public housing agency for preliminary loans and for surveys and planning in respect to any low-rent housing projects unless the governing body of the locality involved has by resolution approved the application of the public housing agency for such preliminary loan; and
WHEREAS, the Dover Housing Authority (herein after called the “Local Authority”) is a public housing agency and is applying to the Housing Assistance Administration for a preliminary loan to cover the costs of surveys and planning in connection with the development of low-rent housing;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. There exists in the City of Dover, a need for such low-rent housing at rents within the means of low-income families;
2. The application of the Local Authority to the Housing Assistance Administration for a preliminary loan in an amount not to exceed $18,750 for surveys and planning in connection with low-rent housing projects of not to exceed approximately 125 dwellings units is hereby approved.
Adopted October 28, 1968
REGISTRATION ORDINANCE
A request has been received to change the dates of voter registration for the Municipal Elections held annually in January. On motion of Mr. Harris, seconded by Mr. Hastings, Council adopted the following amendment to the Voter Registration Ordinance. Messrs Biggs, Hughes and Jackson voting “NO”
AN ORDINANCE TO AMEND AN ORDINANCE PROVIDING FOR A GENERAL REGISTRATION OF VOTERS WITHIN THE LIMITS OF THE CITY OF DOVER AND PROVIDING FOR THE PREPARATION AND MAINTENANCE OF THE VOTING REGISTRATION BOOKS.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That the Ordinance entitled “An Ordinance Providing For A General Registration of Voters Within The Limits Of The City of Dover And Providing For The Preparation And Maintenance Of The Voting Registration Books”, be amended by deleting paragraph 3 thereof and be inserting a new paragraph 3 which is to read as follows:
Registration Officials as appointed by the Mayor and Council of the City of Dover, shall sit for the purpose of ascertaining and registering the persons who are qualified to be voters of the City of Dover at such place or places as the Mayor and Council shall select; said registration dates to be on the second Saturday of September, second Saturday of October, from 12:00 noon to 5:00 P.M. and from 9:00 A.M. to 4:00 P.M. on each and every working day during the months of November and December of each year.
Adopted October 28, 1968
PARKING AND STOP SIGN ORDINANCE
On motion of Mr. Biggs, seconded by Mr. Hastings, Council by unanimous vote adopted the following ordinance.
AN ORDINANCE PROHIBITING PARKING OF VEHICLES AT DESIGNATED LOCATIONS AND THE INSTALLATION OF A STOP SIGN.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
It shall be unlawful to park any vehicle at any time at the following locations:
1. On the east side of:
a. Frear Drive
b. Eisenhower Drive
c. Bradley Drive
d. McArthur Drive
2. On the south side of:
a. Harrison Drive
b. Garfield Drive
c. Kennedy Drive
A stop sign shall be placed at the following location:
1. On the service road leading from northeast corner of the Blue Hen Mall parking lot onto the South Little Creek Road at the service road’s intersection with the South Little Creek Road.
Adopted October 28, 1968
Council adjourned at 8:55 P.M.
Jay R. Dougherty
City Clerk
All order, ordinances and resolutions adopted by City Council at its meeting of October 28, 1968 are hereby approved.
October 29, 1968 Crawford J. Carroll Mayor