REGULAR MEETING
The regular meeting of City Council was held Monday, February 26, 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. Gregory Howe of Christ Episcopal Church.
MINUTES
The minutes of the regular meeting of February 12, 1968 were approved with the following correction. Under SEWAGE TREATMENT FACILITY on page 2, a percentage of 60% was reported as the cost involved to the City of Dover. This was changed to 53%. The minutes bore the written approval of Mayor Carroll.
CITY SOLICITOR APPOINTMENT
On motion of Mr. Jackson, seconded by Mr. Smith, Attorney Henry Ridgely was nominated for the post of City Solicitor. Council by a vote of 2 ‘yes’, Messrs Jackson and Smith, and 6 ‘no’ declined to nominate Mr. Ridgely for the position of City Solicitor.
On motion of Mr. Hastings, seconded by Mr. Hayes, Attorney Nicholas H. Rodriquez was nominated for the post of City Solicitor. Council by a vote of 6 ‘yes’ and 2 ‘no’, Messrs Jackson and Smith, appointed Mr. Rodriquez to the job of City Solicitor for the year of 1968.
PLANNING COMMISSION APPOINTMENTS
On motion of Mr. Harris, seconded by Mr. Hastings, Council confirmed the following as appointments to the Planning Commission as recommended by Mayor Carroll. Mrs. John A. Bivens, Jr. will fill the vacancy of the one (1) year unexpired term to Mrs. H. V. Hollaway. Messrs Harry R. Jackson, John T. McKenna and Courtney P. Houston were appointed to full three (3) year terms on the Planning Commission. Mr. Carleton Walls and Mr. Ralph Tischer, whose term expired this year, expressed a desire to the Mayor that they did not wish to be reappointed.
BUILDING CODE APPEALS COMMITTEE
On motion of Mr. Jackson, seconded by Mr. Biggs, Council confirmed the following appointments to the Building Code Appeals Committee as recommended by Mayor Carroll. They are City Manager Neylan, Councilman Hayes, and Councilman Hughes.
UTILITY COMMITTEE REPORT
Chairman Holpp presented a report of the Utility Committee meeting held on Monday, February 19, 1968. On motion of Mr. Biggs, Council accepted the report as presented.
SEWAGE TREATMENT STUDY
In determining the capacity of the treatment facilities, which are now under study by the firm of Albright & Friel, the Utility Committee recommended that the City of Dover should provide additional capacity for the County or any other agency that might want to participate in the sewer facility. The sewer facility would be owned and operated by the City of Dover. In this study under way, it could be determined if it would be feasible to include this additional capacity to be offered to any outside agencies. On motion of Mr. Hastings, seconded by Mr. Hayes, Council directed the City Manager to conduct the County in reference to their participation with the City of Dover in its treatment facility.
On motion of Mr. Holpp, seconded by Mr. Jackson, Council amended the above motion to include; any other interested parties or agencies that might be interested in addition to the County in participation in the sewer facility, should contact the City Manager so this may be included in the cost study now being made by Albright & Friel. These figures will then be presented to Council to determine if it is feasible to include capacity for any outside parties or agencies, including the County in the Sewage Treatment Facility the City of Dover plans to expand in the near future.
RENAMING A PORTION OF NIMITZ ROAD
In the proposed construction of Dickinsin Arms Apts. on Whiteoak Road, the plans called for the extension of Nimitz Road from Whiteoak Road to North Little Creek Road. The Planning Commission has recommended that this portion of Nimitz Road be renamed as it does not join up to Nimitz Road where it comes out of the Whiteoak Development, this portion being approximately 500 feet east of the proposed extension of Nimitz Road. On motion of Mr. Hughes, seconded by Mr. Jackson, Council by unanimous vote authorized the changing of the name of Nimitz Road between Whiteoak Road and North Little Creek Road to Willis Road.
HOSPITAL REZONING
A request has been received from Kent General Hospital to rezone approximately 2.8 acres of land adjacent to the present Hospital plant. A public hearing was duly advertised for this time and date. Mayor Carroll declared the hearing opened. Dr. Lawrence Baker was present and presented a tentative plot plan of the proposed construction for an addition to the hospital pending rezoning. No one else was present to speak for or against the rezoning. The Planning Commission has recommended approval. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, 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 ZONING DESIGNATION OF THE PROPERTY LOCATED ON THE NORTH WEST CORNER OF SOUTH STATE STREET AND HOPE STREET FROM R-10 TO I0 USE.
WHEREAS, the City of Dover has enacted 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-10 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 R-10 to I0 use on the property located on the northwest corner of South State Street and Hope Street, containing approx. 2.8 acres.
Adopted February 26, 1968
LARKIN REZONING
A request has been received from Lily Larkin to rezone approximately 0.40 acres of land on the southwest corner of South State Street and Gooden Avenue. A public hearing has been 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 approval. Mayor Carroll then stated that he hoped the construction that might take place on this property, pending rezoning, would be along the lines of Colonial Architecture in keeping with the area. Mayor Carroll then closed the hearing. On motion of Mr. Hughes, seconded by Mr. Hayes, Council adopted the following ordinance, and requested that the builder of any proposed construction on the property keep in mind the esthetic value of the area involved.
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING ZONING DESIGNATION OF THE PROPERTY LOCATED ON THE SOUTHWEST CORNER OF SOUTH STATE STREET AND GOODEN AVENUE FROM RG-1 TO RG0.
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 RG-1 to RG0 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 RG-1 to RG0 use of the property located on the southwest corner of State Street and Gooden Avenue, containing approx. 0.40 acres.
Adopted February 26, 1968
DOVER DOWNS WATER LINE
In answer to many questions by Council, City Manager Neylan reported on the progress of the construction of the water line on the east side of U.S. Route 13, from the Towne Point area to the Dover Downs area, as authorized by the Council at its meeting of January 8, 1968. The work is being done by Edgell Construction Company on the extension of previous contracts, whose units prices were approved by Council. Completion date is expected to be approximately March 15, 1968.
ORDINANCE ON ASSESSMENTS
On motion of Mr. Jackson, seconded by Mr. Hastings, Council by unanimous vote adopted the following ordinance.
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION OF WATER AND SEWER MAINS AND THE ASSESSMENT OF COSTS THEREOF
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. Definitions
“WATER MAIN” means any water line other than a lateral.
“WATER LATERAL” means a water line from the water main to the right if way line.
“SEWER MAIN” means any sewer line, other than a lateral, including but not being limited to sewer lines commonly called interceptors and feeders.
“SEWER LATERAL” means a sewer line running from the sewer main to the right of way line.
“ABUTTING THE PROPERTY” when used in reference to water and sewer mains, means actually abutting the property, or lying within the property, or lying in the street or alley adjoining or abutting the property.
2. Cost of Water and Sewer Main Construction Assessed Against Abutting Property Owners.
Whenever by authority of the Council the water and sewer mains of the City of Dover are constructed or extended by City employees or by independent contractors, the costs thereof shall be assessed against the abutting properties by ordinance, subject to the conditions hereinafter set out.
3. Notice of Project
Whenever by authority of Council a water or sewer main is to be constructed or extended, the City Manager shall cause to be entered in the Municipal Lien Docket a notation of all properties abutting the proposed project and the names of the owners thereof. This shall be considered notice of the proposed project to all property owners and subsequent purchaser that the abutting properties shall be assessed for the costs of the water or sewer main under the provisions of this ordinance.
4. Determination of Individual Assessments.
Within 60 days after the completion of construction of any water or sewer main, the Council shall determine the actual cost of the installation and share assessable against the abutting properties.
Adopted February 26, 1968
TOWNE POINT LOT
A letter has been received from Delaware Home Builders Corporation concerning a lot that they own and lease to the Towne Point Civic Assn. This lot is at the entrance to the park land in this development which is owned and maintained by the City of Dover. They have now sold all of the unimproved lots in this development, with the exception of the aforementioned lot. They at this time have offered this lot that is used as the entrance to the playground to the City of Dover for $3500, less the $100 payable to the City of Dover for the sewer service to this lot. City Manager Neylan stated that there is a possibility that up to 75% of the cost of purchase of park lands might be available through the State Capitol Investment Fund administered by the Levy Court of Kent County. On motion of Mr. Hastings, seconded by Mr. Jackson, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Hughes, directed the City Manager to make application through the Levy Court of Kent County for the money to help purchase this lot in Towne Point. The purchase of said lot would only be upon approval of the application by the Kent County Levy Court.
PLANNING CONVENTION
A letter was received from Mr. Albert W. Holmes, Chairman of the Dover Planning Commission, bringing to the attention of Council the upcoming convention of the American Society of Planning Officials to be held this year in San Francisco, California from May 4th to May 9th. At the last meeting of the City of Dover Planning Commission, they decided that the City of Dover should be represented by the Chairman of the Commission, the City Planner and one other member. Their feeling is that this convention will be very helpful to the City of Dover in its planning activities of the future.
DOVER HEART FUND
A letter was received from Mr. Eugene Auen, chairman of the Dover Heart Fund Drive, asking for a solicitation from the City of Dover. After a brief discussion, Mayor Carroll stated that it has been the policy in the past, not to contribute on behalf of the City of Dover to the various Fund Drives conducted throughout the year.
BUCHANAN REQUEST TO CLOSE ALLEY
Mr. E. W. Buchanan, President of Buchanan Service, Inc., has requested of the City that they abandon and close a portion of Hurley Avenue adjacent to property that he owns and give to him a quit-claim deed to this portion of Hurley Avenue so he can further expand his facilities located in this area. On motion of Mr. Hastings, seconded by Mr. Holpp, Council by unanimous vote adopted the following resolution.
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A PORTION OF HURLEY AVENUE IN THE CITY OF DOVER
1. Council of the City of Dover is considering the vacating and abandonment of a portion of Hurley Avenue beginning at a point in the westerly right of way of Hurley Avenue and the northerly right of way of a 14 foot alley and 45’ easterly from the easterly right of way of New Street; thence with the westerly right of way line of Hurley Avenue North 50 06’ East 177 feet; thence crossing Hurley Avenue south 82055’ East 30 feet; thence with the southerly right of way of Hurley Avenue South 50 06’ West 177 feet to the northerly right of way of a 14’ alley; thence with the said right of way of the 14’ alley North 82055’ West 30 feet home to the place of beginning and containing 2310 square feet of land, be the same more or less.
2. The Council of the City of Dover will sit on Monday, March 11, 1968 at 8:30 P.M. at the City Hall to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158; Volume 36, Laws of Delaware.)
3. The Clerk of Council is hereby directed to post copies of this resolution in five or more places in the City of Dover and to publish the same in a newspaper published in the said City.
Adopted February 26, 1968.
ANNEXATION REQUEST
A letter was received from Mr. Vernon B. Derrickson requesting the City of Dover considering the annexation of a parcel of land that he owns, containing a filling station and a restaurant and which is contiguous to the City Limits of Dover. Mr. Harry Cook, Manager of the aforementioned restaurant was present and spoke to the Council in reference to a water and sewer problem that exist at the site. The WAR Commission has recognized this problem and has given Mr. Cook a time limit to have it solved. He has contacted Mr. Derrckson, the owner of the property, and who has consented to apply to the City of Dover for annexation, which in turn would supply sewer and water facilities. In the event this was not available, Mr. Cook stated that it would cost him approximately $30,000 to solve this problem, which would be borne by he and the restaurant owners. On motion of Mr. Jackson, seconded by Mr. Hastings, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Harris, adopted the following resolutions:
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND 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 U.S. Route 13 and adjacent to the present City Limits and hereinafter more particularly described within the limits of the City of Dover.
NOW, THEREFORE BE IT RESOLVED:
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 lots, pieces or parcels of land lying and being situate adjacent to the City of Dover, East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows to wit:
(b) BEGINNING at a point in the westerly right of way line of U.S. 13 and being a corner for land of Realty Register, Inc. and thence with lands of the said Realty Register, Inc. in a westerly and northerly direction to the lands of the development known as East Lake Gardens; thence in an easterly direction with lands of the said East Lake Gardens to the easterly right of way of U.S. 13 and thence crossing said U.S. 13 with a continuing line to the easterly boundary of U.S. 13; thence with the easterly right of way line of U.S. 13 in a southerly direction to a point opposite the first line described; thence directly crossing U.S. 13 to the point in the easterly right of way line and the place of beginning be the contents what they may.
2. That an election be held on the 30th day of March A.D., 1968 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 26, 1968
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND 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 lying east of U.S. Route 13 and adjacent to the City Limits as hereinafter more particularly described within the limits of the City of Dover.
NOW, THEREFORE BE IT RESOLVED:
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 lots, pieces or parcels of land lying and being situate adjacent to the City of Dover, East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows to wit:
(b) BEGINNING at a point in the easterly right of way line of U.S. 13 and being a corner for land of Realty Register, Inc.; thence in a westerly and northerly direction with the said lands of the Realty Register, Inc. to the lands of a development known as East Lake Gardens; thence with the lands of East Lake Gardens in a westerly direction to the high water mark of Silver Lake; thence with the said high water mark of Silver Lake by its various wanderings and meanderings to the easterly right of way of U.S. 13A; thence with the said easterly right of way line of U.S. 13A in a northerly direction to the intersection of U.S. 13A and U.S. 13; thence continuing in a straight line in a northerly direction and crossing U.S. 13 to the easterly right of way line of said U.S. 13; thence with the said easterly right of way line of U.S. 13 in a southerly direction to a point opposite the place of beginning; thence directly crossing U.S. 13 home to the place of beginning be the contents thereof what they may.
2. That an election be held on the 30th day of March A.D., 1968 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 26, 1968
Council adjourned at 9:05 P.M.
Jay R. Dougherty
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of February 26, 1968 are hereby approved.
February 27, 1968 Crawford J. Carroll Mayor