REGULAR MEETING
The regular meeting of City Council was held on Monday, February 24, 1969 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Hastings, Hayes, Holpp, Hughes, Jackson and Legates. Councilman Walls was absent.
The invocation was said by the Rev. George Higgins of the Peoples Church.
MINUTES
The minutes of the regular meeting held on February 10, 1969 were accepted and bore the written approval of Mayor Carroll.
PLANNING COMMISSION APPOINTMENTS
On motion of Mr. Jackson, seconded by Mr. Biggs, Council confirmed the following three year appointments to the City of Dover Planning Commission as recommended by Mayor Carroll. The recommendation of Mayor Carroll was the re-appointment of Mr. A. Barrett Cullen, Mr. Gilbert Shank and Mrs. John Bivens, all for a three year term to expire on February 28, 1972.
LEGISLATIVE & FINANCE, WAGES & HOURS COMMITTEE
A written report of the Legislative & Finance, Wages & Hours Committee meeting held on February 19, 1969 was presented by Chairman Hayes. On motion of Mr. Hastings, Council accepted the report as presented.
WEDGEWOOD STREETS
City Council presented to Council the deed for the two streets in Wedgewood, Turner Drive and Haman Drive. Also presented was a maintenance bond for one year for these streets. The City of Dover has inspected these streets and recommends their acceptance. On motion of Mr. Holpp, seconded by Mr. Hastings, Council accepted the deed and maintenance bond for Turner Drive and Haman Drive.
MISUNAS PROPERTY
City Manager Neylan stated that negotiations have progressed on the possibility of purchasing the property located on the southwest corner of Williams and Pear Streets, owned by Mr. Gus Misunas. This property is adjacent to the present City of Dover warehouse facility and would be beneficial in the future expansion of the this facility. The asking price by Mr. Misunas is $18,000. On motion of Mr. Hastings, seconded by Mr. Biggs, Council authorized the purchase of the above mentioned property for the price of $18,000.
OAK DRIVE PUMPING STATION
City Manager Neylan stated that within the present budget there is money allocated to relocate and enlarge the sewage pumping station on Oak Drive. This enlargement and relocation would eliminate some of the problems that now exist in this area. Mayor Carroll stated that no formal action was necessary and suggested the City proceed with this project.
SAULSBURY ROAD WATER LINE
A public hearing was duly advertised for this time and date for the purpose of establishing a rate to be assessed against property owners for the construction of a water line on Saulsbury Road between Hartly Road and Walker 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 $3.00 per front foot plus the tapping fee when the owner tapped into the line. This charge would be entered into the Municipal Lien Docket. Mayor Carroll declared the hearing closed. On motion of Mr. Hastings, seconded by Mr. Holpp, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Walls, approved the recommendation of the Utility Committee as set by the ordinance adopted on January 13, 1969, setting the front foot charge, method of payment, etc.
SIDEWALK ASSESSMENT
A public hearing was duly advertised for this time and date for the purpose of establishing a rate to be assessed against the property owners for the installation of sidewalks in the section of South Dover that has just recently been completed. 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 $.57 per square foot of sidewalk installed. Mayor Carroll declared the hearing closed. On motion of Mr. Hastings, seconded by Mr. Hayes, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Walls, approved the recommendation of the Utility Committee as set by the ordinance adopted on January 13, 1969, setting the square foot charge, method of payment, etc and placing of the liens in the Municipal Lien Docket.
Mayor Carroll at this time recessed the Council for a caucus, upon completion of which the Council reconvened at 8:40 P.M.
1ST PENTECOSTAL CHURCH REZONING
A request had been received from the 1st Pentecostal Church to rezone from R-8 to C-3 the property they own located at 18 Greenhill Avenue. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. Mr. Whitney, of 44 Edgehill Avenue, was present as a spokesman for the residents of the Edgehill area and presented to Council a petition containing 204 signatures of these residents stating their objection to this rezoning. Mr. William Hurley, III was also present and stated to the best of his knowledge there is a deed restriction prohibiting commercial enterprises in this area. The Planning Commission has recommended that this request be denied. Mayor Carroll then declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Holpp, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Council denied the request of the 1st Pentecostal Church to rezone their property located at 18 Greenhill Avenue.
BERRY, PARADEE, FLAMM REZONING
Council has been presented with a request to rezone from R-20 to C-4 the properties located at 735-751 North DuPont Highway. A public hearing was duly advertised for 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 this request. Mayor Carroll declared the hearing closed. On motion of Mr. Hastings, seconded by Mr. Holpp, Council by a vote of 7 ‘yes’ and 1 ‘absent’ Council 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 PROPERTIES LOCATED AT 735-751 NORTH DUPONT HIGHWAY, 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 properties located at 735-751 North DuPont Highway, owned by Minnie Flamm, L. Francis & Gertrude V. Berry, and Wm. Charles & Eleanor Paradee, and containing approximately 22.5 acres.
Adopted February 24, 1969.
COUNTY SEWER SYSTEM
After various meetings and discussions with the County and the City of Dover’s Consulting Engineering firm, the question of the County Sewer System was once again brought before Council. Mr. Neylan gave a brief outline on the status of the problem as it now stands and presented to Council the latest figures as to construction of a sewage plant by the City of Dover for its use along, for the same construction to include enough capacity to handle some customers from outside the City limits and also the cost of the City participating in the County system. After much discussion by the Council, Mr. Hastings made a motion, seconded by Mr. Hayes, that the City of Dover make preparations to build a plant on the St. Jones River, at which time they will be ready and willing to serve areas and industries outside the City limits that would be within a reasonable distance from the City’s pipeline. Also the City is to inform the County of this decision, and express the hope that the County would serve the areas not in the vicinity of the City sewer system. This motion was passed by Council by a vote of 4 ‘yes’, 3 ‘no’, Messrs Hughes, Jackson and Holpp, and 1 ‘absent’ Mr. Walls.
On motion of Mr. Hastings, seconded by Mr. Hayes, Council directed that the City proceed with engineering studies for the construction of a new sewage plant, the filing of an application for a Federal Grant, and exercising of the option to purchase the Henry Heubner Estate located at the intersections of the Kitts Hummock Road and U.S. Route 113 for a price of $120,000.
McKEE ANNEXATION
A request has been received from H. Baxter McKee and Mary E. McKee to annex their farm located on State College Road and McKee Road to the City of Dover. On motion of Mr. Holpp, seconded by Mr. Hastings, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Walls, adopted the following resolution.
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AN D 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 west of McKee Road adjacent to and north of State College Road, the present City limits and more particularly described hereinafter within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That the following described area situated in East Dover Hundred, Kent County, Delaware more particularly bounded and described herein be annexed to the City of Dover.
a. ALL those certain lots, pieces or tracts of land lying and being situate 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:
b. BEGINNING at the intersection of the rights-of-way of College Road and Saulsbury Road; thence with the westerly right-of-way line of Saulsbury Road and in a northerly direction to the northerly line of the REA; thence with the northerly property line of the REA in part and the northerly property line of W. Baxter McKee in part in a westerly direction tot eh westerly property line of W. Baxter McKee; thence with the westerly property line of W. Baxter McKee in a southerly direction to the northerly right of way of College Road; thence with the northerly right of way 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 29th day of March 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 February 24, 1969.
Council adjourned at 9:25 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of February 24, 1969 are hereby approved.
February 25, 1969 Crawford J. Carroll Mayor