REGULAR MEETING
The regular meeting of City Council was held on Monday, October 14, 1968 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Harris, Hastings, Hayes, Holpp, Hughes and Jackson.
The invocation was said by the Reverend Olliver Spence.
MINUTES
The minutes of the regular meeting of Council held on Monday, September 23, 1968 were accepted by Council and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police for the month of September was accepted.
Report of the Building Inspector and Fire Marshal for the month of September was accepted.
Report of the Acting Alderman for the month of September was accepted. Fines in the amount of $414.00 were remitted to the City of Dover.
Report of the J. P. Court #7 for the month of September was accepted. A check in the amount of $2,575.00 was remitted to the City of Dover.
Report of Cash Receipts, General Fund, for the month of September was accepted.
Budget Report, General Fund, for the month of August was accepted.
Cash Receipts, Electric Revenue Fund, for the month of September was accepted.
Cash Receipts, Electric Improvement Fund, for the month of September was accepted.
City Manager report for the month of September was accepted.
SAULSBURY ROAD WATER LINE
City Manager Neylan has proposed to Council the construction of a water line on Saulsbury Road between Walker Road and Forest Street to serve the recently annexed area. A loop of water lines between Forest Street and Walker Road on Saulsbury Road would improve the quality of service on both ends of the line. The estimated cost of construction is $25,000. On motion of Mr. Holpp, seconded by Mr. Jackson, Council authorized the City Manager to submit the project to bids for the construction of said water line.
DELMARVA WAREHOUSE REZONING
A request has been received by Council to rezone approximately 1 acre of land owned by Delmarva Warehouses, Inc. located on Walker Road. A public hearing was duly advertised for this time and date. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has recommended the approval of the rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Jackson, seconded by Mr. Hayes, Council by a vote of 6 ‘yes’ and 1 ‘not voting’, Mr. Harris, adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF WALKER ROAD FROM M TO C1-A 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 M to C-1A use on the property 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 M to C1-A use on the land located on the South Side of Walker Road adjacent to the Penn Central Railroad, owned by Delmarva Warehouses, Inc. and containing approximately 1 acre.
Adopted October 14, 1968
UTILITY COMMITTEE
Chairman Holpp presented a written report of the meeting of the Utility Committee held on October 7, 1968. On motion of Mr. Hastings, Council accepted the report as presented.
TAX DITCH
The Utility Committee discussed the possibility of forming a Tax Ditch to assist in the drainage of surface waters from the area north and east of the City Limits. The Tax Ditch would be formed in accordance with Delaware law through the Soil Conservation Department. Approval would be required by those through whose lands the ditch passes. This would be done by means of a petition. One half of the cost of such a ditch would be borne by the State and County and the other half by the City of Dover. Total estimated cost is $15,000 to $20,000. On motion of Mr. Hayes, seconded by Mr. Holpp, Council authorized the City Manager to circulate a petition in the area involved to determine if the property owners would feel favorable to the formation of such a Tax Ditch.
SAFETY ADVISORY COMMITTEE
Chairman Hastings presented a written report of the Safety Advisory Committee meeting held on October 7, 1968. On motion of Mr. Biggs, Council accepted the report as presented.
TRAFFIC ORDINANCES
The Safety Advisory Committee has recommended that ordinances be drawn to eliminate parking on one side of the streets of the Towne Point Development and also to erect a stop sign on the service road that empties into South Little Creek Road from the Blue Hen Mall in the vicinity of the Schoolview Development and the East Dover Elementary School. On motion of Mr. Hastings, seconded by Mr. Hayes, Council directed that these ordinances be prepared and presented to Council for its adoption of same.
PARKS, PLAYGROUNDS & TREES COMMITTEE
Chairman Hastings presented a written report of the meeting of the Parks, Playgrounds & Trees Committee held on Monday, October 7, 1968. On motion of Mr. Hayes, Council accepted the report as presented.
REZONING REQUESTS
A request has been received from Dr. Eugene McNinch to rezone from RG-1 property located at 800 South Bradford Street. A public hearing is required prior to amending the Zoning Ordinance and Zoning Map. On motion of Mr. Harris, seconded by Mr. Hayes, 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 PROPOSE 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 land located at 800 South Bradford Street is presently zoned for RG-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 8:15 P.M., on November 1, 1968 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from RG-1 to RG0 that property located at 800 South Bradford Street.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted October 14, 1968
A request has been received from Agnes Willey to rezone from R-20 to C1-A property located on the East side of U.S. Route 13 approximately 210' south of River Road. A public hearing is required prior to amending the Zoning Ordinance and Zoning Map. On motion of Mr. Harris, seconded by Mr. Hastings, 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 PROPOSE 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 land located on the east side of U.S. Route 13 approximately 210' south of River Road is presently zoned for R-20 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 8:30 P.M. on November 11, 1968 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-20 to C1-A that property located on the east side of U.S. Route 13 approximately 210' south of River Road and containing approximately 0.69 acres.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted October 14, 1968
A request has been received from Care Consultants, Inc. and Ralph Donovan to rezone from R-20 to RG-2 property located on the west side of Kings Highway. A public hearing is required prior to amending the Zoning Ordinance and Zoning Map. On motion of Mr. Hayes, seconded by Mr. Biggs, 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 on the west side of Kings Highway Northeast is presently zoned for R-20 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 8:45 P.M. on November 11, 1968 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-20 to RG-1 that land located on the west side of Kings Highway Northeast, owned by Care Consultants, Inc. and Ralph Donovan, and containing approximately 4.5 acres.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted October 14, 1968
REED ANNEXATION
The City of Dover recently purchased a tract of land from the Oscar Reed Estate, which is located adjacent to the City Limits. On motion of Mr. Harris, seconded by Mr. Hastings, Council by unanimous vote adopted the following ordinance annexing the recently purchased property to the City.
AN ORDINANCE ANNEXING PROPERTY OWNED BY THE CITY OF DOVER
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
WHEREAS, the City of Dover owns the following described parcel of land; and
WHEREAS, The Mayor and Council of the City of Dover deemed it in the best interest of the City of Dover to include said area within the limits of the City of Dover; and
WHEREAS, It is provided in 22 Del. C. #101 that any city may extend its corporate limits without an election by ordinance duly passed by the City governing body of the lands to be annexed are owned wholly by the City which is extending its limits.
NOW, THEREFORE, BE IT ORDAINED:
1. That the following parcel of land be annexed to the City of Dover and included within its boundaries:
ALL that certain lot, piece or parcel of land situated in East Dover Hundred, Kent County and State of Delaware, lying on the west side of a 27.9 feet wide street now known as Girl Scout Lane, said street runs parallel with Acorn Lane and is about 602.9 feet west of the center of said Acorn Lane, and said lot being all of that property bounded on the east by said Girl Scout Lane, on the south by lands of Edward A. Polite and Muriel N. Polite, his wife, and on the west and north by lands of The City of Dover, formerly of John Leon Tarburton and Emma Doris Tarburton, his wife, and being more particularly bounded and described as follows:
BEGINNING at a point on the westerly side of Girl Scout Lane, said point being 620 feet north of the intersection of the westerly line of said Girl Scout Lane and the northerly line of North Little Creek Road; thence from said point of beginning South 81 degrees 35 minutes West 215.91 feet more or less along the division line of land of Edward A. Polite and wife to a point on the division line of lands of The City of Dover, formerly of John Leon Tarburton and wife; thence North 20 degrees 30 minutes East 280 feet more or less along the division line of lands herein conveyed and other lands of the City of Dover as aforesaid to a point; thence North 81 degrees 35 minutes East 276.69 feet more or less along the division line of other lands of The City of Dover as aforesaid to a point on the westerly side of the 27.9 feet wide street known as Girl Scout Lane as aforesaid; thence South 8 degrees 25 minutes East 275 feet more or less along the westerly side of Girl Scout Lane as aforesaid to the point and place of beginning, be the contents thereof what they may.
2. That a copy of this Ordinance duly certified by the Clerk of Council and 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 15th day of October, A.D., 1968 at 12:01 A.M.
Adopted October 14, 1968
HALLOWEEN PROCLAMATION
On motion of Mr. Holpp, Council authorized the Mayor to issue a proclamation limiting the observance of Halloween to October 31, 1968 and setting a curfew of 10:00 P.M., subject to the penalties provided by the ordinances of the City of Dover. The proclamation includes that all children under the age of fifteen (15) years shall be accompanied by an adult after 6:00 P.M.
POLICE REQUEST
A request has been received by Council from the Police Department asking that the salary scale of the Dover Police Department be upgraded effective January 1, 1969. On motion of Mr. Harris, seconded by Mr. Hastings, Council referred this request to the Legislative & Finance, Wages & Hours Committee for their study and recommendations.
3RD DISTRICT COUNCILMAN
On motion of Mr. Hastings, seconded by Mr. Hayes, Council by unanimous vote appointed Mr. Carelton Walls to fill the unexpired term of the late Earl D. Smith, Sr., Councilman from the Third District.
VOTER REGISTRATION ORDINANCE
Mr. Hastings asked about the availability dates for the residents of the City of Dover to register for the municipal elections. As set out in the original ordinance, registration dates are the second Saturdays of September, October and November and the last five (5) working days of the month of December. On motion of Mr. Hastings, seconded by Mr. Harris, Council directed that an amendment be made to the Voter Registration Ordinance to provide for registration of voters during the months of November and December, on each and every working day. This ordinance is to be prepared and presented to Council at its next meeting.
VIRGINIA AVENUE
The City of Dover is considering making improvements to Virginia Avenue in the development known as Northwest Dover Heights. A public hearing will be held prior to a decision of Council to proceed with this project. On motion of Mr. Hayes, seconded by Mr. Holpp, Council adopted the following resolution.
A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER PAVING, CURBING, INSTALLATION OF SIDEWALKS AND OTHER IMPROVEMENTS ON VIRGINIA AVENUE.
WHEREAS, Virginia Avenue is an unpaved street in a development known as Northwest Dover Heights; and
WHEREAS, Council is considering paving, curbing and installing sidewalks and other improvements on Virginia Avenue for a distance of 238 feet when measured from the edge of Walker 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, November 11, 1968 at 8:00 P.M. in the Council Chambers, City Hall, to consider the paving with hot mix, installation of curbs and sidewalks and other improvements on Virginia Avenue for the distance of 238 feet when measured from the edge of Walker Road and assessing the cost thereof against adjoining owners of 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 street and other residents of the City appearing on questions presented in said Resolution.
Adopted October 14, 1968
Council adjourned at 9:30 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of October 14, 1968 are hereby approved.
October 16, 1968 Crawford J. Carroll Mayor