REGULAR MEETING

The regular meeting of City Council was held on Monday, September 23, 1968 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Harris, Hastings, Hayes, Hughes, Jackson. Councilman Holpp was absent.

The invocation was said by the Rev. John Roock, of the St. Jones Lutheran Church.

MINUTES

The minutes of the regular meeting of Council held on September 9, 1968 were accepted by Council and bore the written approval of Mayor Carroll.

EARL D. SMITH, SR. RESOLUTION

On motion of Mr. Jackson, seconded by Mr. Biggs, Council adopted the following resolution to honor the memory of Earl D. Smith, Sr.

A RESOLUTION EXPRESSING REGRET OF THE MAYOR AND COUNCIL OF THE CITY OF DOVER AT THE DEATH OF FELLOW COUNCILMAN, EARL D. SMITH, SR.

WHEREAS, Earl D. Smith, Sr. has served the City faithfully and competently as a member of Council since February 12, 1962; and

WHEREAS, Earl D. Smith, Sr. has been a responsible and able chairman of the Safety Advisory and Parks, Playgrounds and Trees Committees; and

WHEREAS, Earl D. Smith, Sr. took great interest and was a great assistance in the orderly growth and development of the City; and

WHEREAS, Earl D. Smith, Sr. departed this life on September 14, 1968.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:

The Mayor and Council of the City of Dover have experienced great personal grief and regret at the untimely and unexpected death of Earl D. Smith, Sr; and

The Mayor and Council of the City of Dover express their great sorrow at the death of Earl D. Smith, Sr. and extend their sincere sympathy to his family; and

The Mayor and Council of the City of Dover direct the Clerk of Council to make this Resolution a part of the permanent records of the City of Dover to become a living memorial showing the appreciation of the City for the faithful and competent services rendered by the late Earl D. Smith, Sr.

Adopted September 23, 1968

SMITH REPLACEMENT

The death of Councilman Smith leaves a vacancy on the Council of the City of Dover. The vacancy may be filled by the appointment of a successor, this appointment to be made by the Council. Councilman Hayes stated that he felt that a replacement should be named, since the Third Council District now only has one representative and Mr. Smith was Chairman of two very important committees, and this vacancy should also be filled. Council then decided that a replacement would be named at a future meeting, after consideration of possible replacements by the Council members.

Mayor Carroll then appointed Councilman Turner Hastings to the position of Acting Chairman of the Parks, Playgrounds and Trees Committee and the Safety Advisory Committee.

PARKS, PLAYGROUNDS & TREES COMMITTEE

Councilman Hastings presented a written report of the Parks, Playgrounds & Trees Committee meeting held on Monday, September 9, 1968. On motion of Mr. Hayes, Council accepted the report as presented.

UTILITY COMMITTEE

City Manager Neylan presented a written report of the Utility Committee meeting held on September 16, 1968. On motion of Mr. Jackson, Council accepted the report as presented.

WATER FLUORIDATION

A committee discussed the notice of a public hearing by the State Board of Health on the fluoridation of the water supplies in the State of Delaware, this notice having been received at the first Council meeting of September. The Utility Committee noted the recent action of the City Council requesting that a public referendum on fluoridation of the local water supply be held and the State Board of Health be governed by the results of such a referendum. The Utility Committee recommends that this proposal be again presented to the State Board of Health at its public hearing on September 26^th.

The question then arose on having a referendum in the City of Dover to determine the residents wishes on the fluoridation of the City of Dover water supply. On motion of Mr. Hayes, seconded by Mr. Harris, Council directed that a referendum to ascertain is the residents desire to have the water supply of the City of Dover fluoridated placed on the ballot of the annual Municipal Election to be held on Monday, January 15, 20, 1969.

BEHEN REZONING REQUEST

A request has been received from William and Sarah Behen to rezone the property they own located at 900-906 East Division Street from R-8 to C-1. A public hearing is required prior to amending the Zoning Ordinance and Zoning Map. On motion of Mr. Hayes, 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 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 at 900-906 East Division Street is presently zoned for R-8 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 8:00 P.M. on October 28, 1968 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-8 to C-1 that land located at 900-906 East Division Street, owned by William and Sarah Behen, and containing approximately 14,500 square feet.

2. That a notice of the public hearing be given in accordance with the provisions of the Delaware Code.

Adopted September 23, 1968

SAULSBURY ROAD REZONING

A request has been received by Council to rezone all the property located in West Dover bounded by Saulsbury Road, Fulton Street Extended, Penn Central Railroad and McKee Run. A public hearing is required to amend the Zoning Ordinance and Zoning Map. On motion of Mr. Harris, seconded by Mr. Jackson, Council adopted the following resolution and directed that all property owners involved by notified by letter, either by personal carrier or by certified mail.

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 land located east of Saulsbury Road, South of McKee Run, west of the Penn Central Railroad and north of Fulton Street Extended and Forest Street is presently zoned for RG-1 and 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 8:15 P.M. on October 28, 1968 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from RG-1 and R-20 to R-8, IPM, I0, C-3, and RG-1 that land bounded on the west by Saulsbury Road, on the north by McKee Run, on the east by Penn Central Railroad and on the south by Fulton St. Extended and Forest Street, a detailed map of this area being on file in the office of the Clerk of Council.

2. That a notice of the public hearing be given in accordance with the provisions of the Delaware Code.

Adopted September 23, 1968

BLUE COAT INN

A public hearing was held on September 9, 1968 to rezone a parcel of land owned by the Blue Coat Inn, Inc. from R-20 to C-2A. Action was tabled at that time. On motion of Mr. Hayes, seconded by Mr. Hastings, Council removed this request from the table. Mayor Carroll reopened the hearing. No one was present to speak for or against the rezoning. City Manager Neylan then stated that he has contacted the owners and that they plan further construction of the gift shop that would not conform with the I0 zoning, therefore their request of C-2A would be more complying. Mayor Carroll closed the hearing. On motion of Mr. Hastings, seconded by Mr. Hayes, 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 LAND OWNED BY BLUE COAT INN, INC. AND LOCATED ON NORTH STATE STREET EXTENDED AND SILVER LAKE FROM R-20 TO C-2A.

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-2A 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. 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-2A use on the property located on North State Street Extended and Silver Lake and owned by the Blue Coat Inn, Inc.

Adopted September 23, 1968.

ROUTE 13 REZONING

A request has been received by Council for rezoning of the property fronting on U.S. Route 13 from Leipsic Road north approximately 4650'. 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 recommended the rezoning be made. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Biggs, Council adopted the following ordinance.

AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION ON THE LAND LOCATED ON THE EAST SIDE OF U.S. ROUTE 13 BEGINNING AT THE LEIPSIC ROAD AND RUNNING NORTH APPROXIMATELY 4650' WITH THE EXCEPTION OF APPROXIMATELY 200' TO BE RESERVED FOR AN ENTRANCE TO DOVER DOWNS FROM R-20 TO C-4.

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 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. 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 use on the land located on the east side of U.S. Route 13 beginning at the Leipsic Road and running north approximately 4650' with the exception of approximately 200' to be reserved for an entrance to Dover Downs, and a depth of approximately 600'. This land contains approximately 62 acres.

Adopted September 23, 1968

NIMLO

A letter was received from NIMLO pursuant to a request of Council for the cost of printing additional copies of the recently adopted Code. The cost of printing an additional 225 copies would be $1818.75. The original contract calls for 75 copies to be furnished to the City of Dover. With the added copies, this would give the City 300 copies, some to be sold at a price to be determined, to help recover some of the cost to the City. The binders are to be white vinyl with the seal of The City of Dover embossed in green and gold on the front cover. On motion of Mr. Harris, seconded by Mr. Hughes, Council approved the ordering of the additional 225 bound copies of the recently adopted Code.

AMBULANCE SERVICE

The present agreement with Torbert Ambulance Service expires on November 1, 1968. City Manager Neylan proposes to continue the present agreement for another year, expiring on November 1, 1969. He at this time, spoke to Council about applying to the Highway Safety Program for Federal Funds to secure two ambulances and garage at approximately $50,000. These would be matching funds, one-half Federal money and one-half City money. The city half would be the operating maintenance and salaries to maintain the ambulance service. He estimates it will require 6 to 8 men on a full time basis. The ambulance service to be supervised by the Police Department and to be housed at the Police Station. On motion of Mr. Hastings, seconded by Mr. Biggs, Council authorized the City Manager to apply for said Federal matching funds to help procure Ambulances.

DOVER-EASTON FOOTBALL GAME

On Friday night, September 20, 1968, at the Dover High School football game, certain incidences took place that caused much concern to the residents of Dover. Chief of Police Spence stated that the problem was confined only to the High School athletic field and related to Council the progress that was being made in the investigation of the incident. Mayor Carroll the read a New Release that he presented to the News media on the finds of the investigation ad his feelings in the matter in reassuring the citizens of Dover of the proper protection of the lives and properties, and asking cooperation of all citizens of Dover.

GSA PROPERTY

Council questioned the condition of the property owned by GSA located on New and North Streets. This property has been fenced in since the buildings have been torn down, but the grass and weeds have grown very high and unsightly. On motion of Mr. Hayes, seconded by Mr. Jackson, Council directed that a letter be sent to the GSA, Federal Government, with copies to Senators Williams and Boggs, and Representative Roth, requesting that this property be cleaned up and graded as soon as possible.

Council adjourned at 8:30 P.M.

Jay R. Dougherty

City Clerk

All orders, ordinances and resolutions adopted by City Council at its meeting of September 23, 1968 are hereby approved.

                                                                                                                                                            

September 24, 1968                                                                             Crawford J. Carroll Mayor