REGULAR MEETING
February 22, 1965
The Regular Meeting of City Council was held Monday, February 22, 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. R.C. Best.
MINUTES
Minutes of the meeting of February 8, 1965 were accepted and bore the written approval of Mayor Carroll.
WAGES AND HOURS REPORT
Councilman Hayes submitted to Council a written report of a meeting of the Legislative & Finance and Wages & Hours Committee held February 15, 1965. The Report was accepted.
On motion of Mr. Holpp, seconded by Mr. Biggs, Council by unanimous vote approved the following recommendations of the Legislative & Finance and Wages & Hours Committee:
The City of Dover will annually appropriate the sum of $1000 to the Dover SPCA for operating expenses of the Dog Pound.
An ordinance will be prepared for consideration of City Council that will require licensing of all dogs in the City with the fee helping the City pay the cost of enforcing dog ordinances.
A pension of $10.00 per week will be given James Collins, former City employee.
City Clerk Neylan will be paid an additional $25.00 per week for the period he was Acting City Manager.
City Assessor Thomas Baker is authorized to employ a clerk in his office to assist him.
UTILITY COMMITTEE
Councilman Holpp reported on a recent meeting of the Utility Committee at which was discussed a request to annex to the City a tract of land of more than 700 acres located northwest of the present limits of the City. The request will be discussed in more detail as another item on the agenda.
PLUMBING CODE
Councilman Hughes reported that the Building and Plumbing Code committee had met on February 15, 1965 and recommended the adoption of the Plumbing Code which had been circulated among the Council, as an ordinance effective May 1, 1965.
On motion of Mr. Hayes, seconded by Mr. Hughes Council by unanimous vote, adopted the following ordinance providing for a Plumbing Code for the City of Dover:
WHEREAS, it is within the power of the Council of the City of Dover to adopt measures necessary to promote the hearth, safety and welfare of the residents of the City of Dover, and
WHEREAS, a Plumbing Code is deemed in the best interest of the City of Dover and in the best interest of the residents and property owners of said City,
THEREFORE, BE IT ORDAINED By The Mayor and Council Of The City of Dover In Council Met:
That the following be adopted in its entirety as the Plumbing Code of the City of Dover effective May 1, 1965:
‘The Plumbing Code is attached hereto and made a part hereof.’
Passed February 22, 1965
(Note: No Plumbing Code was attached.)
WOODCREST REZONING
Walter J. Ellis requested Council to rezone approximately 6 acres of a development known as Woodcrest from its present C-1 designation to C-1A. A public hearing is required prior to any change in the zoning map or zoning ordinance.
On motion of Mr. Hayes, seconded by Mr. Hughes, Council by unanimous vote adopted the following resolution; and referred the request to the Planning Commission for recommendation.
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, certain lands fronting on the north side of Walker Road, immediately west of Pear Street extended, are presently zoned for C-1 use, and
WHEREAS, a request has been received to change the zone designation from C-1 to C-1A Commercial use, and
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 22, 1965 on a proposed amendment to the zoning ordinance and zoning map of The City of Dover which would change from C-1 to C-1A use that area bounded on the south by Walker Road, on the east by lands of the Dover Special School District, on the north by Woodcrest Drive and Woodcrest Turn, and on the west by a drive adjoining lands of Suburban Propane Gas Corporation.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted February 22, 1965
DANNER FARM WELL
Bids have been received on drilling a new well at a location on the Danner Farm which is estimated to produce 900 GPM. Low bidder was Shannahan Artesian Well Co., $33,888.00. On motion of Mr. Holpp, seconded by Mr. Walls, Council authorized award of the contract to the low bidder, Shannahan.
ORDINANCES
On motion of Mr. Walls, seconded by Mr. Biggs, Council by unanimous vote passed the following ordinance:
AN ORDINANCE PROHIBITING LEFT TURNS FROM THE NORTH BOUND LANE OF SOUTH GOVERNORS AVENUE INTO THE PARKING LOT IMMEDIATELY ADJACENT TO THE NORTH SIDE OF THE ACME STORE.
WHEREAS, the present traffic pattern at the entrance to the Acme Store parking lot creates a hazard to the free flow of traffic at said location, and
WHEREAS, the Mayor and Council of the City of Dover by virtue of the power vested in them are authorized and empowered to regulate traffic within the City of Dover, and
WHEREAS, this power has been duly delegated to the Police Department of the City of Dover,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That from and after the passage and approval of this Ordinance:
1. It shall be unlawful at all times for the operator of any motor vehicle to negotiate a left turn from the north bound lane of South Governors Avenue into the parking lot immediately adjacent to the north side of the Acme Store.
2. That the Police Department is hereby authorized and empowered to install any and all necessary signs and symbols restricting the making of left turns at said location.
3. Any person violating the provisions of this Ordinance shall, upon conviction, be fined not less than $2.00 nor more than $5.00 and in lieu of non-payment of the fine as prescribed above said person shall be imprisoned for a period of not more than five (5) days.
Passed February 22, 1965
On motion of Mr. Walls, seconded by Mr. Smith, Council by unanimous vote passed the following ordinance:
AN ORDINANCE REGULATING THE SPEED OF TRAFFIC ON WYOMING AVENUE BETWEEN SOUTH GOVERNORS AVENUE AND NEW BURTON ROAD.
WHEREAS, the Mayor and Council of the City of Dover are authorized and empowered subject to certain reservations as set forth in Title 21, Delaware Code, Section 4104, to regulate the speed of traffic on streets and alleys within the limits of the City of Dover, and
WHEREAS, a determination has been made by the Police Department of the City of Dover in connection with the Delaware State Highway Department that the speed limit on that portion of Wyoming Avenue lying between South Governors Avenue and New Burton Road should be reduced from 35 miles per hour to 25 miles per hour, and
WHEREAS, said reduction is considered to be in the best interests of the residents of the City of Dover and in the best interests of those individuals using the said thoroughfare,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That from and after the passage of this Ordinance:
1. That the speed limit on that portion of Wyoming Avenue between South Governors Avenue and New Burton Road be 25 miles per hour and that all motor vehicles operating on said street shall be limited to the said speed.
2. That the Police Department of the City of Dover is authorized and empowered, pursuant to Title 21, Delaware Code, Section 4104, to install any and all necessary signs or symbols prescribing the speed for motor vehicles on said street.
3. That any person operating any motor vehicle in violation of the restriction set forth above and upon conviction thereof shall be fined in accordance with the applicable provisions of the Delaware Code and the Ordinances of the City of Dover setting forth fines and penalties of speeding restrictions within the City.
Passed February 22, 1965
City Solicitor Buckson stated that a tow-away ordinance has been prepared which is of great length and that copies would be made and circulated among the Council for their study.
D & F HEARING
A public hearing was duly advertised for this date on a request by D & F Builders Inc. to rezone a parcel of approximately 13 acres in the Willey tract from R-20 to R-8 use. Mayor Carroll declared the hearing open. Joshua Twilley, attorney for petitioner, presented a plot showing a proposed development in the area, and stated his belief that the R-8 zoning was justified because of the nearness of commercial properties and was several hundred feet distant from a development known as The Beeches, which might have a more restrictive zoning. Charles Brown spoke for himself and for Mrs. Agnes G. Willey who owned land on three sides of the proposed development. Both objected to the requested R-8 zoning, stating that the Beeches would almost meet the requirements of R-20 zoning and the opinion and that the zones should be gradually reduced so that the parcel in question should have no less than R-10 zoning. The request had been referred to the Planning Commission for consideration and they recommended that the R-8 request be rejected, that R-15 zoning be imposed to a depth of 100 feet from the proposed extension of River Road, and that the balance of the 13 acres be zoning R-10. Mayor Carroll gave all present the opportunity to speak and ask questions. When no further remarks were offered, Mayor Carroll declared the hearing closed.
Councilman Hayes, seconded by Councilman Biggs, moved that the request to rezone to R-8 be denied. The motion was approved by unanimous vote of Council.
EMMERT HEARING
A public hearing was duly advertised for this date on a request by Lockwood Emmert and others to rezone the block south of Budd Street, between State Street and Kings Highway, from RG0 to C-2 use. Mayor Carroll declared the hearing opened. William P. Richardson and Lockwood Emmert, property owners in the block spoke in favor of the rezoning. The Planning Commission recommended approval of the request. George Records, realtor, spoke in favor of rezoning. Councilman Harris noted all the uses which are permitted in a C-2 zone none of which could be denied if the block were so zoned. He noted too that the block was in the Historic Zone and questioned whether the zoning ordinance should be amended to limit the uses which would be permitted in an area such as the one under question. Mayor Carroll gave all present the opportunity to speak and ask questions. When no further remarks were offered, Mayor Carroll declared the hearing closed.
Councilman Massey, seconded by Councilman Holpp, moved that action on the rezoning request be deferred until Council could consider an amendment to the zoning ordinance which would be more restrictive than C-2 zoning. The motion was approved by vote of 5 to 3, Councilmen Hayes, Hughes and Walls voting ‘No’.
ASSISTANT BUILDING INSPECTOR
Councilman Hayes noted the great increase of duties falling on the office of Building Inspector and Fire Marshal Jack Roe and stated his belief that help was needed. On motion of Mr. Hayes, seconded by Mr. Hayes, seconded by Mr. Walls, the Building Inspector was authorized to seek an assistant and recommend a name to Council.
PLANNER
Mayor Carroll pointed out he need for a full time City Planner and recommended that steps be taken to secure one. On motion of Mr. Massey, seconded by Mr. Harris, The City Manager was directed to determine the salary and job requirements of a Planner and report his findings to the Legislative and Finance & Wages and Hours Committee.
ANNEXATION REQUEST
A request has been received from Frances Hope Galliher and Isabel Hope Jackson that the City of Dover annex tracts of land inherited by them which total approximately 755 acres and are located northwest of the present City limits. The area in question touches the present City limits at only one point on College Road. The meeting of the Utility Committee, abovementioned, in these minutes, had studied this request and had arrived at the conclusion that annexation proposals should embrace other areas north and west of the present limits so that more natural and regular boundaries should be formed and should include areas through which streams run that drain into Silver Lake. Three areas were outlined for Council’s consideration one of which would include lands bounded on the north by Dennys Road, on the east by McKee Road south to Walker Road, on the west by the Kenton Road and Mifflin Road, and would include all areas on the west of the present City limits within these boundaries; the second area would include lands bounded on the north by Dennys Road, on the east by U.S. Route #13, on the west by McKee Road, and on the south by the present City limits; the third area would include lands of the Richardsons between Walker Road and Silver Lake which form an island within the present City limits. Council discussed the proposals and the referendum elections which would be required.
On motion of Mr. Smith, seconded by Mr. Harris, Council by vote of 7 to 1 adopted the following Resolution. Mr. Hughes voted ‘No’.
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, The Charter of The City of Dover authorizes 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 as hereinafter more particularly described within the limits of The City of Dover:
NOW, THEREFORE, BE IT RESOLVED:
1. That the following territory situate in East Dover Hundred, Kent County, State of Delaware, as more particularly bounded and described by detailed description, be annexed to the City of Dover, to wit:
ALL those certain pieces, parcels or tracts of land lying and being adjacent to The City of Dover, East Dover Hundred, Kent County and State of Delaware, and being more particularly described as follows, to-wit:
BEGINNING at the intersection of the easterly right of way line of Mifflin Road and the northerly property line of the Mifflin tract, said property line being a boundary of The City of Dover; thence with the said Mifflin property in an easterly direction to the easterly right of way line of Saulsbury Road extended; thence with the said easterly right of way line of Saulsbury Road extended in part and with the said easterly right of way line of Saulsbury Road in part with the southerly right of way line of Fulton Street extended to the easterly right of way line of the Delaware Railroad Company; thence in a northerly direction with the easterly right of way line of the Delaware Railroad Company to the northerly right of way line of Walker Road; thence in a westerly direction with the northerly right of way line of Walker Road to the easterly right of way line of McKee Road; thence in a northerly direction with the easterly right of way line of McKee Road to the lands of F.L. McKee; thence with two lines of the land of F.L. McKee to the southerly right of way line of College Road; thence in an easterly direction with the said southerly line of College Road and the westerly line of McKee Road; thence in a northerly direction with the said westerly line of McKee Road to the southerly right of way line of Dennys Road, also known as State Route 100; thence with the said southerly right of way line of Dennys Road in a westerly direction with the easterly right of way line of the Kenton Road; thence in a southerly direction with the easterly right of way line of the Kenton Road in part and with the westerly property lines of lands now or formerly of the William M. Hope Heirs in part to the southerly right of way line of the Hartly Road; thence in a westerly direction with the said southerly right of way line of the Hartly Road to the easterly right of way line of the Mifflin Road; thence in a southerly direction with the easterly right of way line of the Mifflin Road home to the place of beginning, be the contents thereof what they may.
2. That an election be held on the 3rd day of April 1965 between the hours of 1:00 P.M. and 7:00 P.M. at City Hall on the Plaza in Dover, Kent County, 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, and the Law of The State of Delaware.
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 22, 1965
On motion of Mr. Harris, seconded by Mr. Massey, Council by vote of 7 to 1 adopted the following Resolution. Mr. Hughes voted ‘No’.
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, The Charter of The City of Dover authorizes 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 as hereinafter more particularly described within the limits of The City of Dover:
NOW, THEREFORE, BE IT RESOLVED:
1. That the following territory situate in East Dover Hundred, Kent County, State of Delaware, as more particularly bounded and described by detailed description, be annexed to The City of Dover, to wit:
ALL those certain pieces, parcels or tracts of land lying and being adjacent to The City of Dover, East Dover Hundred, Kent County and State of Delaware, and being more particularly described as follows, to-wit:
BEGINNING at a point in the westerly right of way line of U.S. 13, said point being the intersection of the present boundaries of the City of Dover and being the northerly boundary of Holiday Inn; thence with the lands of the Holiday Inn, Towne Point Motel and East Lake Gardens to the high water mark of Silver Lake; thence by and with the various wanderings and meanderings of the said high water mark of Silver Lake in a northerly direction to the southerly right of way line of College Road; thence in a southerly direction with the aforesaid high water mark of Silver Lake to the center of McKee Run; thence with the various wanderings and meanderings of McKee Run to * the westerly right of way line of McKee Road; thence with the said westerly right of way line of McKee Road in a northerly direction to the southerly right of way line of Dennys Road, also known as State Route 100; thence in an easterly direction with the said southerly right of way line of Dennys Road to the westerly right of way line of U.S. Route 13; thence in a southerly direction with the said westerly right of way line of U.S. Route 13 to a point 100 feet north of the northerly right of way line of the Leipsic Road; thence in an easterly direction and crossing U.S. Route 13 to the easterly right of way line of U.S. Route 13; thence in a southerly direction with the easterly right of way line of U.S. Route 13 to a point opposite the point of beginning; thence in a westerly direction crossing U.S. Route 13 to the westerly right of way line of U.S. Route 13 home to the place of beginning, be the contents thereof what they may.
2. That an election be held on the 3rd day of April 1965 between the hours of 1:00 P.M. and 7:00 P.M. at City Hall on The Plaza in Dover, Kent County, Delaware for the purpose of submitting the question of annexation of the above area to the 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, and the Law of the State of Delaware.
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 22, 1965
Council decided that the Richardsons should be contacted to determine whether they favor being annexed to the City before provisions for an election are made because they would be the only voters on the question.
Council adjourned at 10:20 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of February 22, 1965 are hereby approved.
Crawford J. Carroll
Mayor
February 25, 1965
* the easterly right of way line of the Delaware Railroad; thence with the easterly right of way line of the Delaware Railroad in a northerly direction to the southerly right of way line of College Road; thence in a westerly direction with the southerly right of way line of College Road to
City Clerk