REGULAR MEETING
The regular meeting of City Council was held Monday, February 12, 1968 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Harris, Hastings, Hayes, Holpp, Hughes, Jackson and Smith. This meeting is the annual organizational meeting of City Council as provided by the City Charter.
The invocation was said by the Reverend William Hemphill of the Wesley Methodist Church.
William J. Storey delivered his State of the City Message expressing his appreciation for the progress the City has made in the past year, and at the same time outlining sone plans that he hopes to see accomplished in the year to come. He thanked the Council, The Planning Commission, and all City departments and employees for past accomplishments and asked their continued efforts for the year to come.
Following the address a short recess was held and Council reconvened at 8:15 P.M.
ELECTION OF OFFICERS
On motion of Mr. Biggs, seconded by Mr. Smith, Councilman Hayes was elected Vice-Mayor.
On motion of Mr. Smith, seconded by Mr. Biggs, Mr. Dougherty was reelected Acting City Alderman.
CITY SOLICITOR APPOINTMENT
City Solicitor Buckson was present and at this time addressed the Council and stated that due to increasing pressures from his outside business ventures and his increasing Law Practice he felt that at this time he would like to resign from the Office of City Solicitor. On motion of Mr. Hughes, seconded by Mr. Jackson, Council accepted the resignation of Mr. Buckson, as City Solicitor, and deferred the appointment of his successor until the next Council meeting.
POLICE DEPARTMENT
On motion of Mr. Hastings, seconded by Mr. Biggs, Council approved the recommendation of Mayor Carroll to increase the complement of the Police Department from 28 to 38 men effective immediately.
On motion of Mr. Harris, seconded by Mr. Holpp, Council approved the present salary scale of the Police Department with a consideration for an increase in the Salary Budget of the Police Department to be made in the near future, as requested in the Budget Request for the Fiscal year of 1968-1969.
MINUTES
Minutes of the regular meeting of January 22, 1968 were approved by Council and bore the written approval of Mayor Carroll.
COMMITTEES
On motion of Mr. Harris, seconded by Mr. Hastings, Council by unanimous vote approved the following committee assignments:
BUILDING, HOUSING AND PLUMBING CODE COMMITTEE: Councilman Hughes, Chairman, and Councilmen Biggs and Hayes.
Parks, Playgrounds and Tree Committee: Councilman Smith, Chairman, Councilmen Hastings, and Jackson, and James C. Hardcastle, and Mrs. John McClearnan.
SAFETY ADVISORY COMMITTEE: Councilman Smith, Chairman, Councilmen Hastings and Jackson
LEGISLATIVE & FINANCE, WAGES & HOURS COMMITTEE: Councilman Hayes, Chairman, Councilman Biggs and Hughes.
UTILITY COMMITTEE: Councilman Holpp, Chairman, Councilmen Biggs and Harris, and Mayor Carroll.
KENT COUNTY PLANNING COMMISSION
On motion of Mr. Jackson, seconded by Mr. Hayes, Council approved the appointment of Mr. Albert W. Holmes, to the Kent County Planning Commission as recommended by Mayor Carroll in his State of The City Message.
REPORTS
The Chief of Police report for the year of 1967 and the month of January were accepted.
Reports of the Building Inspector and Fire Marshall for the year of 1967 and month of January were accepted.
Report of the Acting Alderman for the month of January was accepted. Fines in the amount of $419.90 were remitted to the City.
Report of the J. P. Court #7 for the month of January was accepted. A check in the amount of $2005.00 was remitted to the City of Dover.
Report of the Cash Receipts, General Fund, for the month of January was accepted.
Budget Report, General Fund, for the month of December was accepted.
Report of the Cash Receipts, Electric Revenue Fund, for the month of January was accepted.
Report of the Cash Receipts, Electric Improvement Fund for the month of January was accepted.
Report of the City Manager for the month of January was accepted.
U.S. ATOMIC ENERGY COMMISSION
On January 29, 1968 a decision was rendered to the Atomic Energy Commission in the case entered by the City of Dover. The Board of Inquiry rejected the proposed findings of fact proposed by the City of Dover. Mr. Spencer W. Reeder, Attorney retained by the City in this case, has notified City Manager Neylan, that the City has until February 16, 1969 the file exceptions to the findings of the Board and he would do so at no additional cost the City, if Council so desires. On motion of Mr. Holpp, seconded by Mr. Harris, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Hughes, adopted the following resolution:
RESOLUTION
RESOLVED That Spencer W. Reeder, Esquire and Jack R. Harris, Esquire be and they are hereby authorized to file exceptions to the initial decision of the Atomic Safety and Licensing Board on behalf of the City of Dover with the U.S. Atomic Energy Commission in the matter of Philadelphia Electric Company, Docket Nos. 50-277 and 50-278, and the City Manager is authorized to continue the employment of Messrs Reeder and Harris for said purpose under the previous resolution passed by Council and dated November 13, 1967, without additional cost to the City.
Adopted February 12, 1968
CLOSING OF COURT STREET
A letter has been received from the State Custodian requesting permission to close a portion of Court Street north of Legislative Hall for approximately 18 months, during the expansion construction of Legislative Hall. Police Chief Spence stated that the construction of the Townsend Building in the same general area will probably take place about the same time and will cause a great deal of congestion with the general traffic and construction equipment in the area. Chief Spence recommended that Legislative Avenue from Loockerman Street to the south side of North Street and the portion of Court Street be closed to all but Emergency Vehicles. On motion of Mr. Hastings, seconded by Mr. Jackson, Council directed that this request be directed to the Safety Advisory Committee for their study and a recommendation be brought back to Council at its next meeting.
UTILITY COMMITTEE
A written report was presented to Council by Chairman Holpp of the meeting of the Utility Committee Meeting held on Monday, February 5, 1968. On motion of Mr. Jackson, Council accepted the report as presented.
SEWAGE TREATMENT FACILITY
The Utility Committee has considered the sewage treatment requirements of the City of Dover for the future and the various proposals offered to meet the problems, in conjunction with the Levy Court of Kent County and the proposals of a County-wide Pipe Line. In a County constructed and operated Pipe Line, the City of Dover would be obligated to pay approximately 60% 53% or more of all costs of the sewage treatment facilities. The Utility Committee has recommended that he City of Dover make plans for the conversion of its present treatment plant for use as primary treatment only, and the construction of secondary and tertiary facilities at some more remote location. On motion of Mr. Harris, seconded by Mr. Hayes, Council directed the City Manager to contact the Engineering Firm retained by the City, to obtain cost estimates and plans for the construction of additional facilities to be owned and operated by the City of Dover.
PARKS, PLAYGROUNDS & TREES COMMITTEE
Councilman Smith presented a written report of the meeting of the Parks, Playgrounds and Trees Committee meeting held on Monday, February 5, 1968. On motion of Mr. Hayes, Council accepted the report as presented.
MAPS - CITY OWNED PARKS
The Parks, Playgrounds and Trees Committee has recommended that the City obtain color-coded maps showing the City-owned recreation areas, parks, flower bed areas, etc. to be made available to the citizens of Dover upon request. On motion of Mr. Hayes, Council requested that these maps be obtained by the City of Dover.
SAFETY ADVISORY COMMITTEE
Councilman Smith presented a written report of the meeting of the Safety Advisory Committee held on Monday, February 5, 1968. On motion of Mr. Biggs, Council accepted the report as presented.
EAST - WEST HIGHWAY
The Safety Advisory Committee at its last meeting discussed the proposed route of an East-West Highway across Dover. The Committee felt that a definite need is here for such a route but not necessarily over the proposed route. On motion of Mr. Smith, seconded by Mr. Holpp, Council directed the City Manager to contact the State Highway Department, and state the Council feeling of a definite need for a cross-town artery, and ask if alternate routes could be proposed in addition to the South Street proposal. These proposals to be presented to City Council for their recommendation as the route they feel would be most agreeable to all citizens concerned.
PARKING SPACE - DELAWARE TIRE STORE
A request received by the Safety Advisory Committee from the Delaware Tire Store to remove the parking place in front of their store for the Police Car to provide better access to and from the store. On motion of Mr. Hughes, seconded by Mr. Hayes, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Harris, denied this request.
PREPARATION OF ORDINANCES
On motion of Mr. Holpp, seconded by Mr. Harris, Council directed that an Ordinance be drawn to eliminate a parking space on the west side of Governors Avenue, south of and adjacent to the driveway into the Acme Parking lot.
On motion of Mr. Holpp, seconded by Mr. Jackson, Council directed that an Ordinance be drawn to eliminate the two parking places between the entrance and exit of the Sear’s Parking lot on North Street, thereby creating a constant flow of two lanes of traffic between State Street and Governors Avenue on North Street.
BAXTER McKEE REZONING
A request had been received from Mr. Baxter McKee for rezoning of approximately 8.25 acres of land owned by him on the Southeast corner of Saulsbury Road and College Road. A public hearing was duly advertised for this time and date. Mayor Carroll declared the hearing opened. Mr. Leonard Leeds, who will build and operate the Nursing Home to go in this area, was present and stated that progress is being made and they expect to be in operation in early 1969. The Planning Commission has recommended approval for the rezoning. No one else was present to speak for or against the rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Biggs, Council by unanimous vote adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING MAP ORDINANCE OF THE CITY OF DOVER BY CHANGING ZONING DESIGNATION OF THE PROPERTY LOCATE ON THE SOUTHEAST CORNER OF SAULSBURY ROAD AND COLLEGE ROAD FROM R-20 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 R-20 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-20 to I0 use on the property located on the southeast corner of Saulsbury Road and College Road. The property contains approximately 8.25 acres.
Adopted February 12, 1968
PAUL LAND DEVELOPMENT REZONING
A request was received from the Paul Land Development Corp. of Easton, Maryland to rezone approximately 3 acres of land that they own between Capitol Green and the St. Jones River. A public hearing is required prior to any change in the zoning ordinance and zoning map. On motion of Mr. Smith, 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 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 between Capitol Green and the St. Jones River, owned by the Paul Land Development Corp., is presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning ordinance and 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 March 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-2 that land located between the St. Jones River and Capitol Green, owned by the Paul Land Development Corp.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted February 12, 1968
AGNES WILLEY REZONING
A request was received from Mrs. Agnes Willey to rezone approximately 0.36 acres of land located on the east side of U.S. Route 13 between River Road and Laurel Drive. A public hearing is required prior to any change in the zoning ordinance and zoning map. On motion of Mr. Hayes, seconded by Mr. Harris, 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 land located on the east side of U.S. Route 13 between River Road and Laurel Drive is presently zoned from R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning ordinance and 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 March 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 C-1A use that land located on the East side of U.S. Route 13 between River Road and Laurel Drive, owned by Agnes Willey.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted February 12, 1968
CORRESPONDENCE
A letter was received from WHYY-TV, Channel 12, stating they would be willing to attend any Council meeting or at any other time to show color slides of the facilities of the WHYY Station located in Wilmington, Delaware. Mayor Carroll advised the Council that they were appearing at the Chamber of Commerce meeting this Thursday evening and anyone wishing to attend would be welcomed by the Chamber of Commerce.
A letter was received from the Robbins Hose Company thanking the Council for its cooperation in loaning the Fire Company $45,000 for the replacement of equipment and other improvements the have been made. A check in the amount of $5000 was received by the City of Dover on February 8, 1968, the last and final payment on this loan.
A letter was received from Kent General Hospital thanking the City of Dover for its annual contribution of $1,000 to the hospital.
A letter was received from the Central Dover Business Association expressing appreciation for the cooperation the City of Dover gave the Assn. in installing and removing the Downtown Christmas decorations. The Assn. is attempting to replace and expand the decorations as the need arises.
Council adjourned at 9:30 P.M.
Jay R. Dougherty
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of February 12, 1968 are hereby approved.
February 13, 1968 Crawford J. Carroll Mayor