REGULAR MEETING
March 9, 1970
The regular meeting of City Council was held on Monday, March 9, 1970 at 7:30 P.M. with Vice-Mayor Hayes presiding. Councilmen present were Messrs Biggs, Coyle, Holpp, Hughes, Legates and Walls. Mayor Carroll and Councilman Hastings, were absent.
The invocation was said by the Rev. Gregory Howe of Christ Church.
MINUTES
The minutes of the regular meeting of City Council held on February 23, 1970 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police report for the month of February was accepted.
Building Inspector & Fire Marshal report for the month of February was accepted.
Alderman report for the month of February was accepted. Fines in the amount of $315.40 were remitted.
J. P. Court #7 report for the month of February was accepted. A check in the amount of $3,696.75 was remitted to the City of Dover.
Cash Receipts, General Fund, for the month of February was accepted.
Budget Report, General Fund, for the month of January was accepted.
Cash Receipts, Electric Revenue Fund, for the month of February was accepted.
Cash Receipts, Electric Improvement Fund, for the month of February was accepted.
City Manager Report for the month of February was accepted.
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playgrounds & Trees Committee meeting held on March 2, 1970 was presented by Councilman Legates. On motion of Mr. Walls, seconded by Mr. Coyle, Council accepted the report as presented.
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee meeting held on March 2, 1970 was presented by Councilman Legates. On motion of Mr. Coyle, seconded by Mr. Walls, Council accepted the report as presented.
SPEED LIMIT - ROUTE 88
A request has been received from the Chief of Police to recommend the State Highway Department reduce the speed limit on Route 88 (Leipsic Road) from Route 13 east to the curve beyond Nichols Department Store from 40 MPH to 25 MPH. On motion of Mr. Holpp, seconded by Mr. Biggs, Council directed that the Chief of Police write the State Highway Department and recommend that they reduce the speed limits on Route 88 (Leipsic Road) as outlined above.
TAX APPEALS COMMITTEE & APPEALS DATES
On motion of Mr. Legates, seconded by Mr. Holpp, Council set the dates for the Tax Appeals hearings as follows: April 6, 1970 and April 13, 1970 from 1:00 P.M. to 4:00 P.M. and at the regularly scheduled Council meeting of April 13, 1970 at 8:00 P.M. Council then confirmed the recommendation of Mayor Carroll and appointed Councilmen Hayes, Hughes and Biggs as the Tax Appeal Committee for the year of 1970.
ANNEXATION RESULTS
The election officials who conducted the referendum elections held on Saturday, March 7, 1970 on the question of annexing to the City of Dover certain lands located adjacent to the City of Dover, certified the results of the elections as follows:
The area of the Raymond R. Kephart land located on the South Little Creek Road
FOR ANNEXATION 112 Votes
AGAINST ANNEXATION 0 Votes
The area bounded by South Little Creek Road-Fox Road and the Little River-White Oak Road and the present City Limits
FOR ANNEXATION 1203 Votes
AGAINST ANNEXATION 2927 Votes
On motion of Mr. Coyle, seconded by Mr. Walls, Council accepted the report of the election officials as presented.
KEPHART ANNEXATION
On motion of Mr. Holpp, seconded by Mr. Walls, Council by a vote of 6 ‘yes’ and 1 ‘absent’, Mr. Hastings, adopted the following resolution.
A RESOLUTION APPROVING THE INCLUSION OF AN AREA ADJACENT TO THE CITY LIMITS OF DOVER ON THE SOUTH LITTLE CREEK ROAD WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, a recent Amendment to the Charter of the City of Dover authorized the Council to extend its boundaries of the said City after a special election of the qualified voter and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deemed it in the best interest of the City of Dover to include the area adjacent to the east of the City limits and being the land owned by Raymond R. Kephart on the South Little Creek Road as hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held on March 7 A.D., 1970 for purpose of submitting the question of annexation of the following described area to the persons entitled to voter thereon, and
WHEREAS, the aforementioned Amendment to the Charter of the City of Dover provides that if a majority of the votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council shall thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED:
1. That the following described area situated in East Dover Hundred, Kent County, Delaware and more particularly bounded and described herein shall be annexed to and included within the limits of the City of Dover:
ALL these certain lots and parcels of land lying and being adjacent to the City of Dover, East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows to wit:
BEING the lands of Raymond R. Kephart lying north of the South Little Creek Road and the Oak Grove School lot owned by the Capital School District and being bounded on the south by the northerly right of way line of the South Little Creek Road, on the west by lands now or formerly of G. W. Wharton, Alexander Trubin and John Hunn Brown, said lands now being within or partially within the present boundaries of the City of Dover and being bounded on the west by lands now or formerly of Joseph Satterfield and being bounded on the east by lands now or formerly of Ernest V. Keith, lands now or formerly of the Gerling Trailer Court and lands now or formerly of J. Ward Hurley, be the contents what they may.
2. That a certified copy of the Resolution of annexation together with a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County.
3. That the above described area so annexed and included within the limits of the City of Dover shall for all purposes beginning with the effective date of this resolution be a part of the City of Dover.
4. That the effective date of this resolution shall be the 10th day of March, 1970 at 12:01 A.M. O’clock.
Adopted March 9, 1970
ROBINO REQUEST - TREADWAY INN
A request has been received from Mr. Frank Robino, the proposed purchaser of the Treadway Inn, requesting that the restrictive covenant contained in the Deed between the City of Dover and the Dover Hotel Corporation, requiring that the use of the land be only for a hotel and/or motel purposes until July 1, 1970, be lifted at this time. Mr. Robino intends to purchase this property and convert it into an office building. Tentative settlement date is March 15, 1970. Under the present deed the City of Dover was to be paid a total of $15,000 for the land, at the rate of $1,000 per year, the last payment to be made July 1, 1970. On motion of Mr. Legates, seconded by Mr. Biggs, Council at this time authorized the waving of the restrictive covenant of the deed pertaining to the Treadway Inn, only upon receipt of the remaining $1,000 due the City of Dover.
MHP REZONING
Two requested were received by Council, one each from David P. Buckson and Edward H. Richardson, and one from James G. Smith, Nicholas Baldini and Frank Pullella, to rezone property they own to MHP, Mobile Home Park Zone. Mr. Buckson’s land is located at the northeast corner of Route 8 and the Dover-Kenton Road. Mr. Smith’s land is located on the Permission Tree Lane. The MHP Zone has just recently been adopted by Council. On motion of Mr. Holpp, seconded by Mr. Coyle, Council tabled the setting of a public hearing for the rezoning, and referred these applications 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.
DRAINAGE DITCH - EAST DOVER
Messrs William Torbert, Issac Thomas and John McKenna of the Kent County Levy Court, and Mr. Fred Nott of the U.S. Soil Conservation Service were present to speak about the problem of the drainage ditch that is located on the eastern boundary of the City of Dover in the vicinity of the White Oak and Towne Point developments. Although this ditch extends for approximately 3 miles beyond the City limits, a portion of it is within the City and the Levy Court was requesting some help of the City in trying to eliminate the problem of poor drainage in the area and along this ditch line. On motion of Mr. Holpp, Council referred this request to the Utility Committee, who will meet with the representative of the Levy Court and Mr. Mott in discussing the problem aforementioned.
COUNCIL ADJOURNED AT 8:15 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of March 9, 1970 are hereby approved.
March 10, 1970 Crawford J. Carroll Mayor