REGULAR MEETING
The regular meeting of City Council was held on Monday, April 28, 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. William Hemphill of Wesley Methodist Church.
MINUTES
The minutes of the regular Council meeting of April 14, 1969 were accepted and bore the written approval of Mayor Carroll.
UTILITY COMMITTEE
Chairman Holpp presented a written report of the Utility Committee meeting held on Monday, April 21, 1969. On motion of Mr. Hastings, Council accepted the report as presented.
GROWTH POLICY & FUTURE LIMITS
The Utility Committee has presented to Council for their discussion and/or adoption a policy relating to extension of sewer and water facilities to areas outside the present limits of the City of Dover. Under this policy, the limits of an area that would someday become a part of the City of Dover would be defined and any extension of water and sewer facilities to this area would first require annexation of the area to be served. Sewer and water would also be extended to users outside the defined future limits under conditions approved by the City of Dover, and would not require annexation of this area. The adoption of such a policy would also make possible the offering of sewage treatment to such potential users as Standard Brands, Dover Air Force Base, etc. without restricting the expansion of the City of Dover.
The proposed future or ultimate limits of the City of Dover, as discussed in the previous paragraph, were also presented at this time by the Utility Committee. The limits, a copy of which is attached, will be used to determine the potential growth of the City of Dover in the future and also to determine the capabilities of a utility system that will be required to serve this area and beyond if necessary. These boundaries of flexible at this time, and could be changed in the future pending further study and demands made of the City of Dover.
On motion of Mr. Hayes, seconded by Mr. Hastings, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Jackson, approved the recommendation of the Utility Committee and adopted the above mentioned growth policy and suggested ultimate limits of the City of Dover.
BRYSON LETTER
In the most recent past, Mr. John Bryson, Executive Director of the Water & Air Resources Commission of the State of Delaware has made some comments to the news media concerning the City of Dover’s plans for future construction of a sewage plant and expansion of the sewer system. In reference to this, Mayor Carroll read an open letter to Mr. Bryson requesting that he meet with the City of Dover at his earliest convenience to try and solve any problems that might exist at this time between WAR and the City of Dover.
DOVER DOWNS PUMPING STATION
A public hearing was duly advertised for this time and place for the purpose of establishing a charge to be assessed to Dover Downs, Inc. for the construction of the sewage pumping station on their property located on the east side of U.S. Route 13, north of the Leipsic Road. Mayor Carroll declared the hearing opened. No one was present to speak for or against the assessment. The recommendation of the Utility Committee was a charge of 25% of the net project cost of $44,653.70, in the amount of $11,163.42. Mayor Carroll declared the hearing closed. It has at this time been further recommend to Council that the charges on this pumping station not be set at this time, so as to give the City of Dover time to calculate a true usage by Dover Downs, in reference to the percentage of use they will make of this pumping station. This assessment of these charges could be deferred until a later date. On motion of Mr. Holpp, seconded by Mr. Jackson, Council deferred setting an assessment for Dover Downs on the pumping station at this time. An assessment will be made at a later date after a study by the City of Dover of the actual usage by the customers using this pumping station. Any interest and other charges from this date to the date of assessment will be calculated with the assessment at the time it will be determined by the City of Dover.
SIDEWALK RESOLUTION
On motion of Mr. Jackson, seconded by Mr. Walls, Council by unanimous vote adopted the following resolution pertaining to the construction and installation of sidewalks in the City of Dover as requested by the City Manager.
WHEREAS, certain sections of the City of Dover are without sidewalks, and
WHEREAS, the conditions of particular streets within the City require that sidewalks be installed for the safety, convenience, and public welfare of the citizens of Dover, and
WHEREAS, the Mayor and Council of the City of Dover are deliberating the feasibility of a comprehensive sidewalk installation program for the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be set for Monday, May 26, 1969 at 8:00 P.M. in the Council Chambers of City Hall to consider the installation of sidewalks along the streets in the section of the City of Dover north of Division Street, west of Silver Lake and St. Jones River, east of Governors Avenue, but including both sides of Governors Avenue; and the area west of Governors Avenue, north of Williams Street, east of Penn Central Railroad, north to Walker Road and including Walker Road west to Saulsbury Road, where curbing is already installed, and assessing the cost thereof to property owners concerned.
2. That notice of the public hearing be given in at least one newspaper published in the City of Dover.
Adopted April 28, 1969
DOVER DAYS RESOLUTION
On motion of Mr. Hastings, seconded by Mr. Holpp, Council by unanimous vote adopted the following resolution pertaining to Old Dover Days, May 3 and 4, 1969.
WHEREAS, Old Dover Days will be held on May 3 and May 4, 1969; and
WHEREAS, Many visitors will be in the City of Dover to take part in said Old Dover Days;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. All of the citizens of the City of Dover are requested to actively participate in preparing the City of Dover to receive these visitors by cleaning up and fixing up their respective lawns and properties, and are requested to make an extra effort to held beautify the City of Dover for this special occasion.
Adopted April 28, 1969
STOP SIGN ORDINANCE
On motion of Mr. Biggs, seconded by Mr. Walls, Council by unanimous vote adopted the following ordinance pertaining to stop signs.
AN ORDINANCE ESTABLISHING STOP SIGNS AT VARIOUS LOCATIONS
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET, that stop signs shall be erected at the following locations.
1. On Smith Street at its intersection with American Avenue,
2. On both ends of the alley at the rear of the Professional Building where it intersects with Gooden Avenue and Wyoming Avenue.
3. On both ends of the alley running north and south east of South Governors Avenue behind GG’s.
Adopted April 28, 1969
SPRUANCE AND WILLIS ROADS IMPROVEMENTS
The City of Dover is considering making improvements to Spruance Road and Willis Road. A public hearing will be held prior to a decision of Council to proceed with this project. On motion of Mr. Jackson, seconded by Mr. Biggs, Council by unanimous vote adopted the following resolution.
A RESOLUTION SETTING A PUBIC HEARING TO CONSIDER PAVING, CURBING AND OTHER IMPROVEMENTS ON WILLIS ROAD AND SPRUANCE ROAD.
WHEREAS, Spruance Road and Willis Road are unpaved streets in the City of Dover; and
WHEREAS, Council is considering paving, curbing and other improvements on Spruance Road and Willis Road.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That a public hearing be set for Monday, May 26, 1969 at 8:05 P.M. In the Council Chambers, City Hall to consider the paving with hot mix, installation of curbs and other improvements on Spruance Road and Willis Road and assessing the cost thereof against adjoining owners and real property, the other improvements to also include storm drainage, street lights, street signs and water lines.
2. That this resolution be published at least one week prior to the above meeting in at least one issue of the Delaware State News.
3. That at said public hearing Council shall hear the owners of property adjoining said streets and other residents of the City appearing on questions presented in said Resolution.
Adopted April 28, 1969
JEFFERIC ENTERPRISES REZONING
A request has been presented to Council to rezone from R-20 to C-4 the land owned by Jefferic Enterprises north of Dover Downs Racetrack. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. No on was present to speak for or against the rezoning. The Planning Commission has recommended approval of this rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Jackson, seconded by Mr. Holpp, 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 EAST OF U.S. ROUTE 13 AND NORTH OF DOVER DOWNS RACETRACK OWNED BY JEFFERIC ENTERPRISES, INC., FROM R-20 TO C-4 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 C-4 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 C-4 on the property owned by Jefferic Enterprises, Inc., located east of U.S. Route 13 and north of the Dover Downs Racetrack.
Adopted April 28, 1969
HARLEY TAYLOR LETTER
A letter was received from the firm of Brown, Shiels & Barros concerning the construction of a water line by Mr. Taylor to his development, Northwest Dover Heights. The City agreed to reimburse Mr. Taylor for the portion of costs incurred by him, such agreement having since been assigned to the Internal Revenue Service. This reimbursement was for the portion of the water line that was within the City limits at the time of construction. Since that time, Northwest Dover Heights has been annexed to the City of Dover and claims is now being made to reimburse Mr. Taylor for the cost of the entire water line he constructed. On motion of Mr. Hayes, seconded by Mr. Biggs, Council referred this letter to the Utility Committee for their review and study.
LOOCKERMAN STREET CLOSING
A letter was received from the Central Dover Business Assn., Inc., requesting permission to close off Loockerman Street from State Street to Governors Avenue from May 26 through May 29, 1969. Exits and entrances would be provided for emergency vehicles only. The association would like to have a promotion to display campers and various camping equipment. On motion of Mr. Walls, seconded by Mr. Hayes, Council by unanimous vote granted permission of the CDBA to close Loockerman Street as requested above.
STATE PLANNING CONTRACT
A letter was received from the Delaware State Planning Office concerning the contract with the City of Dover, State Planning Office and the Department of Housing and Urban Development. This contract was due to expire in June 25, 1969. It is apparent that this deadline cannot be met, and the Planning Office would like to extend such a contract to December 31, 1969. They have contracted HUD and have asked for such an extension as outlined in their letter of April 17, 1969. On motion of Mr. Hastings, seconded by Mr. Walls, Council has agreed to an extension of time until December 31, 1969 with the substantial work between the period of June 25 and December 31, 1969 to be handled by the City of Dover.
FRANKLIN MINT
A letter was received from the Franklin Mint, Yeadon, Pennsylvania, stating that they are in the process of introducing a new series of medals commemorating twenty Great American Cities, of which they have selected Dover to be one of the first twenty. In order to print these medals, certain information will be needed such as background information on Dover and photographs. On motion of Mr. Holpp, seconded by Mr. Jackson, Council requested that the Franklin Mint be contacted as to the necessary information that they will need for such a project.
VACATING BUDD STREET
A public hearing was duly advertised for this time and place for the purpose of vacating and abandoning Budd Street which runs east and west between Kings Highway and South State Street. Mayor Carroll declared the hearing opened. Mr. George Ehinger of the Library Commission was present and stated that the Library is in desperate need of additional parking and was wondering what effect this would have on their problem. Mr. Roland Metz of the Wilmington Savings Fund Society, who plans on building a bank next to the Library, was present also and stated that at this time their final plans were not available for the construction of the bank. No one else was present to speak for or against the abandonment of Budd Street. The City of Dover plans to vacate Budd Street and exchange it for the Jones property on South State Street at the foot of Reed Street, at such time opening Reed Street through to Kings Highway. The Jones property is now owned by the Wilmington Savings Fund Society. Mayor Carroll then declared the hearing closed. On motion of Mr. Hastings, seconded by Mr. Biggs, Council by a vote of 7 ‘yes’ and 1 ‘not voting’, Mr. Hughes, granted the request to vacate and abandon Budd Street and at the same time make the exchange of properties with the WSFS.
BEE ZEE CORP. REZONING
A request had been received to Council to rezone from C-2 and C-2A the property located at 222-224 West Loockerman Street, owned by the Bee Zee Corp. A public hearing was duly advertised from the date and place. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission, with the consent of the President and Vice-President of the Bee Zee Corp., deferred any action on this request until such time as a further study of the area can be made. Mayor Carroll declared the hearing closed. On motion of Mr. Hastings, seconded by Mr. Hayes, Council deferred any action on the rezoning request until such time as a recommendation is forthcoming from the Planning Commission.
McCLOSKEY PETITION
A petition was received from the residents of Bayard Avenue whose property borderson that of the HUB Motel. They are requesting the City of Dover to look into the problem of the storm drain that is located at the rear of the Motel property. After a heavy rain storm, the rain water runs right over the parking area of the Motel and onto their property and into their basements. Mr. Neylan stated that the City Engineer has been in contact with the motel owners about a correction of this problem, and every effort will be made to correct it as soon as possible.
Council adjourned at 8:55 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of April 28, 1969 are hereby approved.
April 29, 1969 Crawford J. Carroll Mayor
ATTACHMENT
SUGGESTED ULTIMATE LIMITS
OF THE CITY OF DOVER
ALL those lots, pieces, parcels or tracts of land lying and being in East Dover Hundred and adjacent to the City of Dover and in Kent County and the State of Delaware and being more particularly described as follows, to wit:
BEGINNING at the point of intersection of the easterly right of way line of U.S. Route 13 and the southerly right of way line of Road 330; thence with the southerly right of way line of Road 330 in a northeasterly direction to the southerly right of way line of Road 331; thence with the southerly right of way line of Road 331 in an easterly direction to the southerly right of way line of Road 332; thence with the southerly right of way line of Road 332 in an easterly direction to the westerly right of way line of Route 88 in a southerly direction to a point opposite the southerly right of way line of Road 337; thence with the said southerly right of way line of Road 337 in a northeasterly direction tot he present (1969) boundaries of the City of Dover and being the easterly boundary of land now or formerly of J. G. Smith; thence with the said J. G. Smith’s easterly line in a southerly direction to the southeasterly corner of the said Smith lands and being at present a corner in the boundaries of the City of Dover; thence in a southeasterly direction and by a straight line to the intersection of the center line of Route 66 with the center line of the Little River; thence with the said center line of the Little River in a southeasterly direction to its intersection with the center line of Morgan Branch; thence with the center line of Morgan Branch in a southwesterly direction to the northerly right of way line of Route 67; thence with the said northerly right of way line of Route 67 in an easterly direction to a point opposite the easterly right of way line of Road 348; thence with the said easterly right of way line of Road 348 in a southeasterly direction to the lands of the Dover Air Force Base; thence with the various courses of the lands of the Dover Air Force Base in a southwesterly direction to the westerly right of way line of U.S. Route 113; thence with the said westerly right of way line of Route 113 in a southeasterly direction to the lands of the Air Base Housing; thence with the said lands of the Air Base Housing in a southwesterly direction to the high water mark of the St. Jones River; thence with the said high water mark of the St. Jones River, in a northwesterly direction to the northerly right of way line of the Lebanon Bypass; thence with the said northerly right of way line of the Lebanon Bypass and Road 356 and crossing Route 113A tot eh westerly property line of the Greenview Development; thence in a northerly direction with the said property line of the Greenview Development and with the property line of the Philchris Development to the southerly property line of Fairfield Development; thence with the said southerly property line of the Fairfield Development in a westerly direction to the center line of Isacc’s Branch; thence in a westerly direction with the said center line of Isaac’s Branch in part and with the southerly property lines of the Rodney Village Development and lands of Harvey Kesselring to the boundary of the Town of Wyoming; thence with the said boundary of the Town of Wyoming and in a northerly direction to the easterly right of way line of Road 190; thence with the said easterly right of way line of Road 190 in a southwesterly direction to the center line of Isaac’s Branch; thence in a westerly direction to the said center line of Isaac’s Branch in part and the northerly high water mark of Wyoming Lake in part to the point of intersection with the Coordinate Line No. 455 of the Delaware Plane Coordinate Grid system; thence north with the said Coordinate No. 455 to its intersection with the southerly right of way line of Road 100; thence in a northeasterly direction with the said southerly right of way line of Road 100 home to the place of beginning and be the contents what they may.