Regular City Council Meeting
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May 24, 1965 at 12:00 AM

REGULAR MEETING

May 24, 1965

The Regular Meeting of City Council was held Monday, May 24, 1965 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Harris, Hayes, Holpp, Hughes, Massey, Smith and Walls.

The invocation was said by the Rev. Gregory M. Howe.

MINUTES

Minutes of the regular meeting of May 10, 1965 were accepted and bore the written approval of Mayor Carroll.

WESLEY COLLEGE ALLEY

A letter from Wesley College requested Council to close a portion of an alley between Bradford Street and Governors Avenue running south from Fulton Street. They propose to erect a structure across this alley connecting two dormitories. A public hearing must be held prior to abandonment of a street or alley. On motion of Mr. Harris, seconded by Mr. Biggs, Council by unanimous vote adopted the following resolution:

A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A PORTION OF A CERTAIN ALLEY BETWEEN GOVERNORS AVENUE AND BRADFORD STREET IN THE CITY OF DOVER.

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:

1. The Council of The City of Dover favors the vacating and abandonment of that portion of a 16' alley between Governors Avenue and Bradford Street running southward from Fulton Street for a distance of 185'.

2. The Council of The City of Dover will sit on Monday, June 14, 1965, at 8:30 P.M. at 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 public places in the City of Dover and to publish the same in a newspaper published in the said City.

Adopted May 24, 1965

LEGISLATIVE & FINANCE COMMITTEE

Councilman Hayes reported that the Legislative & Finance and Wages & Hours Committee had met on May 19, 1965 and considered a proposal from the firm of Harriman & Ripley for the refunding of the 1960 Electric Revenue Bonds which is furnished to Council for their consideration. They had also considered the reclassification of employees of the Electric Meter Department to Class 4, 6 and 8 and recommended approval. The report was accepted.

Action on the refunding proposal was deferred until the next meeting of Council.

On motion of Mr. Harris, seconded by Mr. Massey, the recommendation to reclassify the Electric Meter Department employees was approved.

HOUSE BILL 179

Councilman Holpp reported on a hearing which was held today by a committee of the House of Representatives of the State Legislature on House Bill #179 which concerns the operation of electric utilities in areas which have been or will be annexed to municipalities. The bill would restrict the powers of municipalities over such operations. Delaware Electric Cooperative and Delaware Power & Light Company appeared in favor of the bill. Representatives of Seaford, Lewes, Smyrna, Middletown and Dover opposed the bill before the committee. The outcome is not yet decided.

OAK DRIVE LOT

A letter from Dr. Norman P. Jones objected to the use to which a City plot on Oak Drive in Sherwood is being put. It is a small lot being used by neighborhood children for a ball park and adjoining properties are being overrun. He suggests that the lot be planted and kept as a park area and that its use as a playground be prohibited. The letter was referred to the Parks and Playgrounds Committee for their consideration.

MEMORIAL DAY

A letter from the Walter L. Fox post, American Legion, invited the City to participate in Memorial Day services at the triangle at 11 A.M. on May 31. On motion of Mr. Smith, seconded by Mr. Walls, Council authorized presentation of a wreath on behalf of the City with the Mayor to designate a representative.

GIBBS ANNEXATION

A letter from Herman C. Brown, Attorney, in behalf of I. Kendall and Adele R. Gibbs, requested that the City annex their lands located between the White Oak and North Little Creek Roads, to the City. Mr. Porter, a Wilmington Attorney, verbally asked that an area to the east of the Bibbs lands be annexed to the City. A map showing the entire area was presented to Council.

Council felt that more information was required on the feasibility of providing the entire area with sewer and water before setting up a referendum on annexation. On motion of Mr. Harris, seconded by Mr. Hayes, the matter was referred to the Utility Committee for study and report back to Council.

ROE ZONING

A public hearing has been duly advertised for this date on a request to rezone the former Roe farm, from R-20 to C-4 use. Mayor Carroll declared the hearing opened. Henry Ridgely, attorney for Thomas C. Roe and Elizabeth Roe Noble, was present to answer any questions. No one was present to oppose the request. The Planning Commission recommended approval. No other testimony being offered, Mayor Carroll declared the hearing closed.

On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous vote passed the following ordinance:

AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF AN AREA EAST OF U.S. ROUTE #113.

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 in an area 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, Highway Commerce Zone, in that area bounded on the west of U.S. Route #113, on the north by the present C-4 zone and lands of Dover East Elementary School, on the east by lands of Edward & Winona Abbott and lands of Pullella & Baldini, and on the south by lands of William Richter, all being lands of Thomas C. Roe and Elizabeth Roe Noble, and containing 85 acres, more or less.

Passed May 24, 1965

JUNE 12 REFERENDUM

A referendum election on annexation of areas west and north of Dover will be held on Saturday, June 12. Mayor Carroll suggested that a letter be sent to residents and property owners in the area explaining the position of the City. On motion of Mr. Walls, seconded by Mr. Harris, Council authorized the City Manager to prepare and send such a letter.

TOWNE POINT

Councilman Harris asked for information on the financial condition of the developers of Towne Point. City Solicitor Buckson reported that a group of creditors are organized and will complete the project. He believes they will meet all commitments.

SEWAGE PLANT

Councilman Hughes asked for information on the sewage disposal plant and the odor emanating therefrom. City Manager Ward stated that a letter is being sent all Councilmen explaining the situation. He and Public Works Superintendent Jack Woods noted that the odor from the plant will be eliminated as construction progresses and the plant become fully operative. The St. Jones River, itself, will probably still present an odor problem.

EDGELL ZONING

Louis Edgell requested that the zoning designation be changed on a plot of land owned by him between U.S. Route #13 and Silver Lake from R-20 to R-8 and C-4. A public hearing is required prior to any change in zoning. On motion of Mr. Hayes, seconded by Mr. Harris, Council by unanimous vote adopted the following resolution:

A RESOLUTION SETTING FORTH TIME AND PLACE FOR 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, a certain area between U.S. Route #13 and Silver Lake is presently zoned for R-20 use, and

WHEREAS, a request has been received to change the zone designation from R-20 to R-8 and C-4, and

WHEREAS, a public hearing is required prior to amending the Zoning Ordinance or Zoning Map of The City of Dover,

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 June 14, 1965 on a proposed amendment to the zoning ordinance and zoning map of The City of Dover which would change from R-20 to C-4 and R-8 use lands of Louis Edgell immediately south of lands of Holiday Inn, having a frontage of 200' on U.S. Route #13 and extending westward to Silver Lake for a distance of 457', to be rezoned C-4 for a depth of 190' westward from U.S. Route #13, and to be rezoned to R-8 the remaining depth of approximately 267'.

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

Adopted May 24, 1965

TEST WELL

Public Works Superintendent Jack Woods reported that a test well driven on the Danner Farm into the Piney Point strata indicated a water yield of 1000 gallons per minute.

CLARK REGRETS

Michael J. Clarke, son of Mrs. Doris Clarke, secretary to the City Manager, has been hospitalized as a result of enemy action in South Viet Nam. On motion of Mr. Hughes, seconded by Mr. Hayes, Council directed that a letter expressing their sympathy be sent to Mrs. Clarke.

SAFETY AWARD

Chief of Police Turner reported he had received a safety award from the Delaware Safety Council for the safety program conducted by his department.

LEPORE HOUSE

Councilman Smith remarked on the condition of the house on the Lepore property which the City has recently purchased as a police station site. Building Inspector Roe reported he had obtained prices on its demolishment and the low bid was received from Charles Patterson, $200. On motion of Mr. Hayes, seconded by Mr. Walls, Council authorized its removal by the low bidder.

THE PLAZA

Council discussed the plans for revision of the traffic pattern on The Plaza and in the parking lot area. Some indecision existed as to the final plan approved by City Council. A motion to approve the plan recommended by the Safety Advisory Committee was tabled.

On motion of Mr. Hughes, seconded by Mr. Harris, the matter was returned to the Safety Advisory Committee for further study and report.

Council adjourned at 9:15 P.M.

                                                                        City Clerk

All ordinances, orders and resolutions adopted by City Council at its meeting of May 24, 1965 are hereby approved.

Crawford J. Carroll

                                                                        Mayor

May 26, 1965