REGULAR MEETING
The regular meeting of City Council was held on Monday, May 27, 1968 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Harris, Hastings, Hayes, Holpp, Hughes, Jackson and Smith.
The invocation was said by the Rev. Raymond C. Best of St. Andrews Lutheran Church.
MINUTES
The minutes of the regular meeting of May 13, 1968 were approved by Council and bore the written approval of Mayor Carroll.
ANNEXATION REFERENDUM RESULTS
The election officials who conducted the referendum election on May 22, 1968 on the question of annexing to the City of Dover certain lands owned by Harvey and Mildred Kesselring and adjacent to the City of Dover, certified to the Council the results of the election as follows:
FOR ANNEXATION 36 Votes
AGAINST ANNEXATION 0 Votes
On motion of Mr. Holpp, seconded by Mr. Hayes, Council by unanimous vote accepted the report of the election officials as presented.
ANNEXATION RESOLUTION
On motion of Mr. Holpp, seconded by Mr. Hayes, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Harris, adopted the following resolution.
RESOLUTION APPROVING THE INCLUSION OF AN AREA ADJACENT TO THE CITY LIMITS OF THE CITY OF DOVER.
WHEREAS, A recent Amendment of 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 deemed it in the best interest of the City of Dover to include the area adjacent to south of the City limits and bounded by Webbs Lane and the Rodney Village Development as hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held on the 22nd day of May A.D., 1968 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, the aforementioned Amendment to the Charter of the City of Dover provides that if a majority of the votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council shall thereupon adopted a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED:
1. That the following described area situate in East Dover Hundred, Kent County, Delaware as more particularly bounded and described herein shall be annexed to and included within the limits of the City of Dover:
ALL that certain piece, parcel or tract of land now situated in East Dover Hundred, Kent County, State of Delaware, lying on the south side of Webbs Lane between U.S. Rt. 13-A and New Burton Road and consisting also of a part of the right if way of Webbs Lane, being bounded on the north by the existing corporate limits of the City of Dover in Webbs Lane, on the east by Rodney Village Development, and on the south and west by lands of Harvey Kesselring, and being more particularly described as follows to wit:
BEGINNING at a point in the existing south corporate limits of the City of Dover and in the extension of the west line of Rodney Village Development; thence running with the extension of and with the west line of Rodney Village Development South 9 deg. 37 min. 40 sec. West 1337.66 ft. to a point in line of Rodney Village Development at a corner for this parcel and for lands of Harvey Kesselring; thence running with lands of Kesselring North 82 deg. 54 min. 30 sec. West 651.62 ft. to a corner for this parcel and for lands of Kesselring; thence continuing with lands of Kesselring and with the extension of line of lands of Kesslering North 7 deg. 05 min. 30 sec. East 1324.5 ft. to a point in the existing south corporate limits of the City of Dover; thence running with the existing south corporate limits of the City of Dover on the three following courses, (1) South 82 deg. 54 min. 30 sec. East 345.31 ft.; thence (2) in an easterly direction with a 5714.58 radius curve to the left an arc distance of 358.23 ft.; thence (3) South 86 deg. 33 min. 30 sec. East 7.45 ft. to the place of beginning, and containing 20.73 acres of land be the same more or less.
2. That a certified copy of this Resolution of annexation together with 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 28th day of May, 1968 at 12:01 A.M. O’Clock.
Adopted May 27, 1968
DELMARVA WAREHOUSE REZONING
A public hearing was advertised and held on April 22, 1968 for the purpose of rezoning a parcel of land owned by the Delmarva Warehouses, Inc. located on Walker Road. At that time no one appeared for or against the hearing. Council on that date deferred action until such time as a recommendation of the Planning Commission could be handed down. At this time, Mayor Carroll reopened the hearing for the purpose of receiving the recommendation of the Planning Commission. The Planning Commission, at its meeting of May 20, 1968, recommended that the rezoning be approved. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Jackson, Council by a vote of 7 ‘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 THE PROPERTY OWNED BY THE DELMARVA WAREHOUSES, INC. LOCATED ON WALKER ROAD FROM M TO I0 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 I0 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 M to I0 use on the land owned by the Delmarva Warehouses, Inc. located on Walker Road between the Fairview Elementary School and the Pennsylvania Railroad and containing approximately 25,000 square feet.
Adopted May 27, 1968
LOADING/UNLOADING ZONE ON THE GREEN
A letter was received from the State of Delaware Custodian Office requesting the City of Dover designate a loading and/or unloading zone on the west side of The Green in front of the Corporation Trust Company Building, in so much as this building is used by the State Board of Education, and their mail vehicle handles quite a bit of paper material daily, and often there being no place to park in the vicinity of this building, the vehicle has to double-park to unload near the building. On motion of Mr. Hayes, seconded by Mr. Smith, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Hughes, granted the request for the loading and/or unloading zone.
DOVER HOUSING AUTHORITY
A letter was received from the Dove Housing Authority stating at their recent meeting they named the two locations of their existing projects. They wish to have these become a part of the records of the City of Dover. The project located on North Street and Simon Circle has been named “Colonial Gardens”, and the project located in the Capitol Green area has been named “Senate View”. On motion of Mr. Hayes, seconded by Mr. Hastings, Council accepted the letter of the Housing Authority and requested that the names of the aforementioned two projects become a part of the City of Dover records.
MORRIS SIMON
At this time, Mayor Carroll asked the Council and all present to please rise for a moment of silence for the late Morris Simon, Chairman of the Dover Housing Authority, who passed away on Friday, May 24, 1968.
FRATERNAL ORDER OF POLICE
A letter was received from the FOP Lodge No. 3 of Kent County, extending an invitation to all Members of Council to attend any of the meetings of the lodge, hopefully to acquaint themselves with the members and functions of the Fraternal Order of Police.
DOVER MART DRIVEWAY
A letter was received from Anderson-Stokes, Inc., owners of the Dover Mart Shopping Center, concerning the traffic problem at the entrance to the Mart off of Court Street. This was an answer to a letter they had received from City Solicitor Rodriguez. They stated they have been in consultation with the Highway Department to affect a better and safer method of traffic control at this point.
LOT - SOUTH NEW STREET AND BANK LANE
A letter was received from Mrs. Emma Marshall, owner of a lot on the SE Corner of Bank Lane and South New Street. She was at this time requesting the City of Dover to put up ‘No Parking’ and ‘No Dumping’ signs on this property and bill her the cost. A motion was made by Mr. Holpp, seconded by Mr. Jackson, that the City grant this request and install the signs and bill Mrs. Marshall. Messrs Holpp, Jackson, Hughes and Biggs voting ‘yes’ and Messrs Harris, Hayes, Hastings and Smith voting ‘no’, thereby creating a tie. Mayor Carroll voted ‘NO’, breaking the tie and at this time defeating the motion of Mr. Holpp, and not granting the request.
On motion of Mr. Hastings, seconded by Mr. Holpp, Council by unanimous vote directed that Mr. Roe, Building Inspector, answer Mrs. Marshall’s letter, stating the City regulations about vacant lots, and at the same time making Mrs. Marshall aware of the ordinance concerning the cutting of grass on property within the City of Dover.
MEMORIAL DAY SERVICES
A letter was received from the Walter L. Fox Post #2, American Legion, inviting the City of Dover to participate in the Memorial Day Services to take place on May 30, 1968 at 11:00 A.M. on the Dover Green. On motion of Mr. Smith, Council directed that a floral wreath be purchased to be presented by Councilman Randolph Hughes on behalf of the City of Dover at these exercises.
L. LEE LAYTON, JR. REQUEST
A letter was received from Mr. L. Lee Layton, Jr., on behalf of Mr. G. D. Bull, owner of a produce and frozen food business. The request is for Mr. Bull to plug on a cold storage trailer on the land owned by Mr. Layton, located at the Railroad and West Division Street. The use of trailers for permanent storage within the City Limits is in violation of all Zoning Ordinance of the City of Dover. Any change in this would necessitate the filing of an application for a non-conforming use, pending approval of the Zoning Board of Adjustment. As of this date no application has been received by Mr. Roe, Building Inspector, for the use of a trailer by Mr. Bull. On motion of Mr. Hughes, seconded by Mr. Holpp, Council directed Mr. Roe to contact Mr. Layton concerning this request and informing Mr. Layton of the procedure to be followed according to the City Zoning Regulations.
CURB & GUTTER HEARING
A public hearing was advertised for this time and date pertaining to the installation of curb and gutters on South Governors Avenue between South Street and Wyoming Avenue. Mayor Carroll declared the hearing opened. Mr. Ed Mathews, owner of Mathews Motor Company, was present and stated his objection to the installation of curb and gutters in front of his place of business. A letter was received from Mrs. Ida T. Bush, owner of approximately 350' of frontage in the 800 block of So. Governors Avenue. She was also stating an objection to the installation of curb and gutters. City Manager Neylan then stated that he had contacted the Highway Department, and they have the job of resurfacing and installation of curb and gutters for South Governors Avenue from Loockerman Street to Rodney Village in their Capitol Improvement Program covering a five year period. Their original estimate is that this job would be completed sometime during 1972. Mr. Neylan wrote to the Highway Department asking if this time schedule could be stepped up in any way. He at this time has not received a reply. Mayor Carroll then declared the hearing closed. On motion of Mr. Harris, seconded by Mr. Hayes, Council deferred final action on the installation of curb and gutters until such time as a reply can be received from the Highway Department in response to City Manager Neylan’s request to step up the time schedule on the reconstruction of South Governors Avenue.
PROJECT 37
Bids were received on May 27, 1968 on Project 37, Saulsbury Road Water Main. The lower bidder for the construction of this water line was Edgell Construction Company with a bid of $22,658.50. On motion of Mr. Harris, seconded by Mr. Hastings, Council directed the City Manager to award the contract to the low bidder, Edgell Construction Company.
HARDCASTLE - DENNIS LOT
City Manager Neylan stated that the lot owned by Mr. Hardcastle and Dr. Dennis on the corner of W. Division Street and Kirkwood Street, measuring approximately 60' x 112', can be leased by the City of Dover for $1 per year, on a year to year basis. Also adjoining that is a lot owned by Edgell Construction Company that is not being used, and if available would increase the size of this area, if it were to be used by the City as a playground. The estimated cost of filling in the low spots on this ground and fencing in this lot on the street side only would be approximately $1,700. On motion of Mr. Hastings, seconded by Mr. Holpp, Council directed the City Manager to contact Edgell Construction Company to see if their lot might be leased by the City, and at the same time contact Mr. Hardcastle and Dr. Dennis to see if a better agreement could be reached. A better agreement meaning, a longer than one year lease, and in the event the City were to fix up this area, and cost would be prorated in the event that the lease was terminated prior to its expiration.
WILLIAM HURLEY LAND
Mr. William Hurley III has offered to the City of Dover a tract of land he owns in the vicinity of the proposed Federal Office Building and the new Police Station. This land is bounded by North Street, South New Street, Queen Street and an alley south of DuPont Street, with the exception of a couple of properties that he does not own in this area. Mr. Hurley’s asking price is $150,000 for the parcel. City Manager has stated this area might be desirable for the construction of a new City Hall. On motion of Mr. Jackson, seconded by Mr. Holpp, Council directed the City Manager to look at the area for size and building suitability, and also check on the other properties in this area to see if they are available for purchase, before the City makes any commitments to Mr. Hurley. City Manager Neylan will make this report available to the Council at a later date.
TRUCK ORDINANCE
City Solicitor Rodriguez reported on the much discussed problem of trucks parking on the streets of Dover. Mr. Rodriguez stated that the City could enact an ordinance prohibiting and/or limiting the parking of trucks on the streets of the City, and post signs pertaining to this ordinance on the streets at the entrances to the City of Dover. On motion of Mr. Smith, seconded by Mr. Hayes, Council directed that such an ordinance be drawn and presented to Council for its adoption.
PLANNING COMMISSION
The State Planning Office and the City Planner, Mr. McCann have requested a joint meeting with the Planning Commission and the City Council to present further reports on the Comprehensive Plan of the Workable Program adopted by the City of Dover. This joint meeting will be held on Monday, June 17, 968 at 7:00 P.M. in the Council Chambers of City Hall.
MORRIS SIMON RESOLUTION
On motion of Mr. Smith, seconded by Mr. Hayes, Council by unanimous vote adopted the following resolution in honor of Mr. Morris Simon, Chairman of the Dover Housing Authority, commemorating his untimely death.
WHEREAS, the late Morris Simon served as member and chairman of the Dover Housing Authority since 1947 until his untimely death on the Twenty-fourth day of May, A.D., 1968; and
WHEREAS, the growth and progress of the City of Dover during the term of his services created many problems and difficulties which his knowledge and devotion helped solve;
NOW, THEREFORE BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF DOVER, on behalf of the officials, employees and residents of the City of Dover, extend to Mrs. Morris Simon the deepest sympathy in this time of sorrow; and
BE IT FURTHER RESOLVED, that the Mayor and Council of the City of Dover do hereby order and direct the City Clerk to make this Resolution part of the record of this City, to serve as an eternal reminder of the great admiration and respect which all who knew Morris Simon Shared for him.
Adopted May 27, 1968.
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 May 27, 1968 are hereby approved.
May 28, 1968 Crawford J. Carroll Mayor