REGULAR MEETING
The regular meeting of City Council was held on Monday, May 12, 1969 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Hastings, Hayes, Holpp, Hughes, Jackson, Legates and Walls.
The invocation was said by the Rev. Green of the Whatcoat Methodist Church.
MINUTES
The minutes of the regular meeting of City Council of April 28, 1969 were accepted and bore the written approval of Mayor Carroll.
REPORTS
The Chief of Police report for the month of April was accepted.
Building Inspector and Fire Marshal report for the month of April was accepted.
Alderman report for the month of April was accepted. Fines in the amount of $353.40 were remitted.
J. P. Court #7 report for the month of April was accepted. A check in the amount of $1685 was remitted to the City of Dover.
Cash Receipts, General Fund, for the month of April was accepted.
Budget Report, General Fund, for the month of March was accepted.
Cash Receipts, Electric Revenue Fund, for the month of April was accepted.
Cash Receipts, Electric Improvement Fund, for the month of April was accepted.
City Manager report for the month of April was accepted, and approved as presented.
DR. SCHAEFFER LETTER
City Manager Neylan read a letter to Council from Dr. Peter K. Schaeffer concerning his request to tap into the City water line for the purpose of providing water for the new office building being erected at 1071 South Governors Avenue. This property was the purpose of the two annexation referendums that were recently held in this area, both referendums being defeated. The present City policy is that sewer and water services would not be extended beyond the City limits, as had been explained by Dr. Schaeffer in the past. Mrs. Patti Schaeffer was present and spoke on behalf of her husband and the letter that had been received by Mr. Neylan. Following much discussion on this matter, Councilman Hughes stated that he felt the Council was being put in an unfair position with this request, as the City has held a second referendum in this area to try and accommodate Dr. Schaeffer, at which time he voted against annexation to the City and thereby denied himself the right to hook onto the City sewer and water facilities, which would have been readily available had this area been annexed in March, 1969. On motion of Mr. Hastings, seconded by Mr. Holpp, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Jackson, denied the request of Dr. Schaeffer for the installation of a water line at the above mentioned property.
TISCHER LETTER
A letter was received from Ralph Tischer Associates offering to sell a 10 acre tract of land to the City of Dover. This land is located on the Dover-Leipsic Road in the vicinity of Persimmon Tree Lane. They felt this area could be utilized as a park area. On motion of Mr. Hayes, seconded by Mr. Walls, the request was referred to the Parks, Playgrounds & Trees Committee.
SAFETY ADVISORY COMMITTEE
Chairman Hastings presented a written report of the Safety Advisory Committee meeting held on May 5, 1969. On motion of Mr. Walls, Council accepted the report as presented.
TRAFFIC LIGHT - SAULSBURY AND HARTLY ROADS
A letter had been received by the Safety Advisory Committee requesting the City look into the possibility of installing a traffic light at the intersection of Saulsbury and Hartly Roads. This intersection being outside the City would come under the jurisdiction of the State Highway Department. On motion of Mr. Holpp, seconded by Mr. Hayes, Council recommended the City Manager write the State Highway Department and ask that they erect a traffic signal at the intersection of Saulsbury Road and Hartly Road.
PARKS, PLAYGROUNDS & TREES COMMITTEE
Chairman Hastings presented a written report of the Parks, Playgrounds & Trees Committee meeting held on May 5, 1969. On motion of Mr. Holpp, Council accepted the report as presented.
FOLK ROCK FESTIVAL
A request has been received by the Park Committee for a Tri-Hi-Y group to hold a “Folk Rock Festival” at the Pony League Park located on South New and Dover Streets. The Police Department has recommended that this request be denied to crowd control problems that might develop. On motion of Mr. Holpp, seconded by Mr. Walls, Council denied the request of the Tri-Hi-Y to use the Pony League Park for the “Folk Rock Festival”.
UTILITY COMMITTEE
Chairman Holpp presented a written report of the Utility Committee meeting held on May 5, 1969. On motion of Mr. Walls, Council accepted the report as presented.
HARLEY TAYLOR REQUEST
The Utility Committee considered the request of Harley Taylor for the reimbursement of the portion of a 10" water line constructed on Walker Road to serve the area of Northwest Dover Heights. The City has agreed to reimburse Mr. Taylor for the portion of the line he constructed that was then in the City Limits. He would at this time like reimbursement for the portion that was outside the City, but has since be annexed to the City of Dover. The Utility Committee recommends to adhere to the original agreement and make no exception for that portion of the line whose cost is usually borne by the developer. On motion of Mr. Hastings, seconded by Mr. Hayes, Council unanimously approved the recommendation of the Utility Committee.
LEGISLATIVE & FINANCE, WAGES & HOURS COMMITTEE
Chairman Hayes presented a written report of the Legislative & Finance, Wages & Hours Committee meeting held on April 30, 1969. On motion of Mr. Biggs, Council accepted the report as presented.
L.E.B. CORP. REZONING
A request has been presented to Council to rezone from RG-1 to RG-3 the property located at 766 S. State Street, owned by LEB Corp. A public hearing was duly advertised fro this time and place. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has recommended approval of the rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Hastings, seconded by Mr. Holpp, Council by a vote of 6 ‘yes’ and 2 ‘no’, Messrs Hayes and Hughes, 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 766 SOUTH STATE STREET, FROM RG-1 TO RG-3.
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 RG-1 to RG-3 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 RG-1 to RG-3 on the property located at 766 South State Street, owned by the LEB Corp., and containing approximately 12,000 square feet.
Adopted May 12, 1969
WORKABLE PROGRAM
A letter and certificate were received by the City of Dover from the Department of Housing and Urban Development announcing the certification of the Workable Program for Community Improvement. This now entitles the City of Dover to apply for Federal assistance and support in housing, planning and renewal programs. The effective period of certification will continue until May 1, 1971.
TRUCK-LOADING ZONE ABOLISHED
A request has been received to abolish the truck loading zone at Forest and Loockerman Street, since is no longer is in use. On motion of Mr. Biggs, seconded by Mr. Walls, Council by unanimous vote adopted the following ordinance.
AN ORDINANCE TO ABOLISH THE LOADING ZONE ON FOREST STREET
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That the Dover Municipal Code Section 31-108 is amended by striking out the following from the same:
“Forest Street - North side, from 86 feet east of the east curb of Kirkwood Street, for 36 feet.”
Adopted May 12, 1969
ANNEXATION REQUESTS
A request has been received from Mr. Homer Minus to annex approximately 7 acres of land he owns Northwest of Dover. This land is in the same vicinity of that of H. Baxter McKee, which is pending before the Council for another referendum on annexation. The need in both instances is for City sewer and water. Council requested that referendums be set for the proposed annexation of these properties.
ANNEXATION RESOLUTIONS
On motion of Mr. Hastings, seconded by Mr. Hayes, Council by unanimous vote adopted the following resolutions.
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN SAID AREA.
WHEREAS, a recent Amendment to the Charter of the City of Dover, authorized the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area located north of the City and adjacent to College Road and hereinafter more particularly described 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 and State of Delaware and more particularly bounded and described herein be annexed to the City of Dover.
ALL that certain lot, piece or parcel of land lying and being adjacent to the City of Dover in East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows, to wit:
BEING all of the land of W. Baxter McKee lying on the north side of the College Road and being bounded on the west by Foxhall Plantation and on the east by the REA, Inc. and others and be the contents what they may.
2. That an election be held on the 14th day of June A.D., 1969 commencing at the hour of 1:00 P.M. at City Hall on the Plaza in the City of Dover, Delaware for the purpose of submitting the question of annexation of the above area to the persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the date of said election.
Adopted May 12, 1969
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN SAID AREA.
WHEREAS, a recent Amendment to the Charter of the City of Dover authorized the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area located Northwest of the City limits and bounded by College Road and McKee Road and hereinafter more particularly described 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 and State of Delaware and more particularly described and bounded herein be annexed to the City of Dover:
ALL those certain lots, pieces or parcels of land lying adjacent to the City of Dover in East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows, to wit:
BEGINNING at the intersection of the westerly right of way line of McKee Road with the northerly right of way line of College Road; thence with the said westerly right of way line of McKee Road in a northwesterly direction to the northerly property line of Homer W. Minus; thence with the property lines of Minus lands and lands of George Carney; thence with the said Carney lands in a southerly direction to the lands of Frank J. Ford; thence with the two lines with the said Ford lands to the northerly property line of W. Baxter McKee; thence with the said northerly property line of the McKee lands in a westerly direction to lands of the Foxhall Plantation; thence in a southerly direction with lands of the Foxhall Plantation to the northerly right of way line of College Road; thence with the said northerly right of way line of College Road in an easterly direction home to the place of beginning, be the contents what they may.
2. That an election be held on the 14th day of June A.D., 1969 commencing at the hour of 1:00 P.M. at City Hall on the Plaza in the City of Dover, Delaware for the purpose of submitting the question of annexation of the above area to the persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the date of said election.
Adopted May 12, 1969
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN SAID AREA.
WHEREAS, a recent Amendment to the Charter of the City of Dover authorized the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area located North and Northwest and adjacent to the City Limits and hereinafter more particularly described 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 and State of Delaware and more particularly bounded and described herein be annexed to the City of Dover:
ALL those certain lots, pieces or parcels of land lying adjacent to the City of Dover in East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows, to wit:
BEGINNING at the intersection of the southerly right of way line of Road 100 with the westerly right of way line of U.S. Route 13; thence with the said westerly right of way line of U.S. Route 13 in a southerly direction to the northerly property line of Loumar, being now a boundary of the City of Dover; thence with the said Loumar lands in a westerly direction to Fork Branch; thence with Fork Branch in a southerly direction to the southerly right of way line of College Road; thence with the said southerly right of way line of College Road and in a westerly direction to the westerly line of W. Baxter McKee; thence with the McKee lands and lands of the Richardson Estate to the easterly right of way line of Saulsbury Road; thence with the said easterly right of way line of Saulsbury Road and in a southerly direction to the northerly property line of lands now or formerly of Walter Mifflin; thence with the said Mifflin lands and in a westerly direction to the easterly right of way line of Mifflin Road; thence with the said easterly right of way line of Mifflin Road and in a northerly direction to the southerly right of way line of the Hartly Road; thence with the said southerly right of way line of Hartly Road and in an easterly direction to the easterly right of way line of Hartly Road and in an easterly direction to the easterly right of way line of the Kenton Road; thence with the said easterly right of way line of Kenton Road in a northwesterly direction to the southerly right of way line of Road 100; thence with the said southerly right of way line of Road 100 and in a northeasterly direction home to the place of beginning, be the contents what they may.
2. That an election be held on the 14th day of June A.D., 1969 commencing at the hour of 1:00 P.M. at City Hall on the Plaza in the City of Dover, Delaware for the purpose of submitting the question of annexation of the above area to the persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the date of said election.
Adopted May 12, 1969
Council adjourned at 9:15 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of May 12, 1969 are hereby approved.
May 13, 1969 Crawford J. Carroll Mayor