REGULAR MEETING
April 26, 1971
The regular meeting of City Council was held on Monday, April 26, 1971 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Coyle, Hayes, Holmes, Holpp, Legates, Muir and Walls.
The invocation was said by the Fr. Chris Plohkooy of Holy Cross Church.
MINUTES
The minutes of the regular meeting of April 12, 1971 were accepted and bore the written approval of Mayor Carroll.
UTILITY COMMITTEE
A written report of the Utility Committee meeting held on April 20, 1971 was presented by Chairman Holpp. On motion of Mr. Legates, seconded by Mr. Walls, Council accepted the report as presented.
COLLEGE SETTLEMENT LOTS
The City of Dover has recently purchased a lot in the College Settlement located north of the McKee Run Generating Station. Adjacent to this lot are three lots, Numbers 24, 25 and 26, whose membership has been undetermined at this time. The Utility Committee has recommended that the City proceed to acquire these lots by condemnation for the proposed installation of a water storage tank. A sum equal to the appraised value of these lots will be deposited with the Courts. On motion of Mr. Coyle, seconded by Mr. Biggs, Council approved the recommendation of the Utility Committee to proceed with the condemnation of Lots 24, 25 and 26 in College Settlement.
ACORN LANE-LONGPOINT ROAD ANNEXATION REQUEST
A request has been received from several residents and land owners in the area east of Dover between Long Point Road and Acorn Lane for annexation to the City of Dover. On motion of Mr. Coyle, seconded by Mr. Hayes, Council by a roll call vote of 7 ‘yes’ and 1 ‘no’, Mr. Legates, adopted the following resolution.
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 east of the present City Limits and hereinafter more particularly described within the limits 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 the following described area situated in East Dover Hundred and Little Creek Hundred, Kent County and State of Delaware and more particularly described and bounded herein be annexed to the City of Dover:
ALL those certain lots, pieces or parcels of land lying adjacent to and east of the City of Dover, East Dover Hundred and Little Creek Hundred, Kent County and State of Delaware and being more particularly described as follows, to wit:
BEGINNING on the southerly side of the North Little Creek Road at a corner now of the City of Dover; thence with the said southerly side of the North Little Creek Road in an easterly direction to a point opposite the easterly right-of-way line of Long Point Road; thence in a northerly direction in general with the said easterly right-of-way line of Long Point Road to the northerly right-of-way line of the White Oak Road; thence with the northerly right-of-way line of White Oak Road in a westerly direction to the property line of Roland Garrison; thence by and with the property lines of Roland Garrison in a northerly direction in part and a westerly direction in part and a southerly direction in part to the southerly line of Towne Point; thence with the said southerly line of Towne Point, said line now being a boundary of the City of Dover in a westerly direction to the easterly line of White Oak Farms; thence with the said easterly line of White Oak Farms, also the present boundary of the City of Dover in a southerly direction to the northerly right-of-way line of White Oak Road; thence in a southerly direction with the various lines of the present boundary of the City of Dover, home to the place of beginning, be the contents what they may.
2. That an election be held on the 12th day of June A.D., 1971 commencing at the hour of 1:00 P.M. at City Hall, The Plaza, Dover, Delaware for the purpose of submitting the question of annexation of the above area to those 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 APRIL 26, 1971.
HELLER ANNEXATION REQUEST
A request has been received from Mr. Henry Heller, 1310 Forest Avenue for annexation of his property to the City of Dover. Mr. Heller’s property, Lots 38, 64 and 65 of Country Club Estates, lie on the south side of the Hartly Road, the City limits being on the north side of Hartly Road. On motion of Mr. Holpp, seconded by Mr. Muir, Council by a roll call vote of 7 ‘yes’ and 1 ‘no’, Mr. Holmes adopted the following resolution.
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 south of the present City limits and hereinafter more particularly described within the limits 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 the following described area situated in East Dover Hundred, Kent County and State of Delaware and more particularly bounded and described herein be annexed to the City of Dover:
ALL those pieces, parcels or lots of land lying and being on the southerly side of Forest Avenue East Dover Hundred, Kent County and State of Delaware being more particularly described as follows, to wit:
BEING all of the lands of Henry Heller and comprising lots No. 38, 64 and 65 as shown on a plot of lots known as Country Club Estates and of record in the Office of the Recorder of Deeds in and for Kent County, Delaware.
2. That an election be held on the 12th day of June A.D., 1971 commencing at the hour of 1:00 P.M. at City Hall, The Plaza, Dover, Delaware for the purpose of submitting the question of annexation of the above area to those 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 APRIL 26, 1971.
BUCKSON ANNEXATION REQUEST
A request has been received from Mr. David P. Buckson and Mr. Edward H. Richardson to annex land to the City of Dover that they own located on the south side of the Hartly Road. After much discussion by Council Mr. Coyle made a motion that was seconded by Mr. Walls and unanimously passed by Council, that the City Manager’s Office survey the area on the south side of Hartly Road between Mifflin Road and Saulsbury Road to determine what land owners might be favorable to annexation to the City of Dover. The results of this survey will be forwarded to the Utility Committee for their study and recommendation.
MARSH REZONING
A request had been received from Mrs. Erla Marsh to rezone her property located at 29 Kings Highway. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. Mr. Max Terry, representing the equitable owner, 100 West Tenth Street Corporation, was present and spoke on behalf of the rezoning. No one else was present to speak for or against this request. The Planning Commission has recommended approval as submitted. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Hayes, Council by a unanimous roll call vote adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE PROPERTY LOCATED AT 29 KINGS HIGHWAY FROM I0 TO C-2 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 I0 to C-2 on that land described below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That 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 I0 to C-2 on that property located at 29 Kings Highway, owned by Mrs. Erla Marsh, equitable owner being the 100 West Tenth Street Corporation, and containing approximately 0.5 acres.
ADOPTED APRIL 26, 1971
CURB & GUTTER HEARINGS
A public hearing was duly advertised for this time and place to consider the installation of curb and gutters on both sides of West Street from William to Clara Streets and on both sides of Bank Lane from Governors Avenue to New Street. Mayor Carroll declared the hearing opened. No one was present to speak for or against the request. This request was a recommendation of the Utility Committee. Mayor Carroll then declared the hearing closed. On motion of Mr. Holpp, seconded by Mr. Muir, Council by unanimous roll call vote adopted the following resolution.
A RESOLUTION PROVIDING FOR THE INSTALLATION OF CONCRETE CURB AND GUTTER ON BOTH SIDES OF WEST STREET FROM WILLIAM STREET TO CLARA STREET AND ON BOTH SIDES OF BANK LANE FROM GOVERNORS AVENUE TO NEW STREET.
WHEREAS, the Mayor and Council of The City of Dover have considered the installation of concrete curb and gutter on the streets mentioned above and assessing the cost thereof to property owners, and
WHEREAS, a public hearing has been held by the Mayor and Council to determine whether the said concrete curb and gutter should be installed, and
WHEREAS, pursuant to the hearing the Mayor and Council have determined that such installation is for the best interest of the residents of the above area.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the City of Dover shall install concrete curb and gutters along both sides of West Street from William Street to Clara Street along both sides of Bank Lane from Governors Avenue to New Street, assessing the cost thereof to the abutting property owners.
ADOPTED APRIL 26, 1971
SIDEWALK HEARINGS
A public hearing was duly advertised for this time and place to consider the installation of sidewalks where they are now lacking in the area of the City bounded by Division Street, Governors Avenue, William Street and the Railroad; and on the west sides of Kings Highway, Pennsylvania Avenue and American Avenue between Loockerman Street and Division Street. Mayor Carroll declared the hearing opened. Mr. Harry R. Jackson, 144 Kings Highway, was present and spoke of the Council’s consideration of eliminating the installation of sidewalks along Lamia Place and Pennsylvania Avenue, feeling they were not needed and would detract from the beauty of this area. No one else was present to speak for or against this request. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Coyle, Council by unanimous roll call vote directed that the property owners of the area between Division Street, Governors Avenue, William Street and the Railroad; and the property owners on the west side of Kings Highway between Loockerman Street and Pennsylvania Avenue and the west side of American Avenue between Kings Highway and Division Street, where sidewalks are now lacking, be required to install sidewalks on or before June 30, 1971. All sidewalks in these areas not installed by June 30, 1971 will be so done by the City of Dover and the cost of such assessed against the abutting property owner and/or owners, the same being placed in the Municipal Lien Docket.
TRAFFIC AND PARKING ORDINANCES
On motion of Mr. Hayes, seconded by Mr. Biggs, Council by unanimous roll call vote adopted the following ordinances.
PARKING ORDINANCE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That a two (2) hour parking zone for all vehicles shall be established on the south side of the Plaza between Federal Street and Legislative Avenue adjacent to the Townsend Building, and
2. That this ordinance shall be enforced upon the erection of appropriate signs notifying the public of the two (2) hour parking restriction.
ADOPTED APRIL 26, 1971
LOADING ZONE ORDINANCE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That the truck loading zone located at the northeast corner of New and Water Streets be eliminated; and
2. That the ordinance creating such truck loading zone be and the same hereby is repealed.
ADOPTED APRIL 26, 1971
WEAPONS ORDINANCE
On motion of Mr. Coyle, seconded by Mr. Hayes, Council by unanimous roll call vote adopted the following ordinance.
AN ORDINANCE TO AMEND ARTICLE II, SECTION 20, OF THE DOVER MUNICIPAL CODE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, that Article II, Section 20, of the Dover Municipal Code be and the same hereby is amended as follows:
1. Sec. 20-29 (b) shall read as follows:
(b) Exceptions The weapons prohibited in Subsection (a) shall be permitted upon the grant of a license therefor, if required, in the following situations:
(1) Possession in home or business - Possession within the possessor’s own domicile or business.
(2) License - Possession, carrying or use in conformity with a license issued by the State of Delaware for that weapon.
(3) Licensed shooting galleries or ranges - Possession or use at licensed shooting galleries or ranges when the instrument can be fired, discharged or operated in a manner that shall not endanger persons or property, and also in a manner that shall prevent the projectile from traversing any grounds or space outside the limits of the gallery or range.
(4) Cased and unloaded - Carrying of any type of gun whatsoever when unloaded and properly cased, to or from any licensed gallery or range or to or from an area where hunting is allowed by law. This provision shall not limit the permitted carrying of guns allowed by Subsection (b) (5).
(5) Authorized officials - Carrying, wearing, possessing and using by United States marshals, sheriffs, constables and their deputies, and any regular, spedial or ex-officio policeman, or any other law enforcement officer while on duty, or as shall be necessary in the proper discharge of their duties.
(6) Hunting, possession, carrying or use in conformity with a license issued by the State of Delaware for that purpose in areas approved by the Chief of Police, and only then when used in such a manner that shall not endanger persons or property.
2. Sec. 20-32 shall read as follows:
It shall be unlawful for any person to discharge any gun, pistol, revolver or other firearm within the City, except lawfully pursuant to Section 20-29 (b)(2), (b)(3), (b)(5), (b)(6), and for those persons excepted by law.
3. Sec. 20-35 (b) shall read as follows:
(b) Report to Chief of Police - Every second-hand dealer, new gun dealer, pawnbroker or other person engaged in the sale, rental or exchange of any revolver, pistol, rifle, or shotgun described in Sections 20-29 and 20-33 shall deliver daily reports to the Chief of Police of every purchase, sale, or load. The report shall be on forms designated by the Chief of Police and shall set forth the information required to be kept by Subsection (a).
ADOPTED APRIL 26, 1971
CAPITAL SCHOOL DISTRICT LETTER
A letter was received from Dr. Robert T. Rasmussen, Supt. of Schools, stating that it would be impossible for the School District to grant free or reduced rate use of the school buildings for the City Recreation Program due to increased costs in the school budget. The City has requested use of these buildings for inclement weather during the summer program, since all the City programs are outside playground activities.
CHAMBER OF COMMERCE FIREWORKS
Mr. Fred Kelly, President of the Greater Dover Chamber of Commerce, was present and addressed the Council asking that they consider sponsoring and financing the fireworks display put on by the Chamber of commerce on July 4th. The Chamber of Commerce would do all the necessary work but would like the City to finance the project at a cost of approximately $2500, and have free fireworks display on July 4th this year. This request was referred to the Parks, Playgrounds & Trees Committee and a recommendation will be to Council at its May 10th meeting.
LOCAL BUS TRANSPORTATION
Mr. John Hidinger, representing the State Department of Transportation, was present and gave a report to Council on a recent survey conducted by the Greater Dover Chamber of Commerce on the need for local bus transportation in the Dover area. A proposal has been submitted that would provide daytime bus service for Dover. A bus, owned by the Wilmington Transit Company, would leave Wilmington daily in the AM carrying passengers to the Dover area and would return in the PM to Wilmington daily. In the mean time, the bus would operate on a scheduled route in the Dover area daily. This service would cost approximately $20,000 for the first year and hopefully could be instituted around July 1, 1971 on an experimental basis. Mr. Hidinger was appealing to Council for funds to help offset the cost of the first years operation, mainly a $20,000 as previously indicated. Approximately $10,000 of this amount would come from the Chamber of Commerce in lieu of a study that was to be performed to determine the need for such a service. Mayor Carroll stated that the City would study this request, but felt that if the City subsidizes this project that it should serve only the area subsidizing it.
DOVER DAYS RESOLUTION
On motion of Mr. Coyle, seconded by Mr. Biggs, Council by unanimous roll call vote adopted the following resolution.
RESOLUTION PERTAINING TO OLD DOVER DAYS
WHEREAS, Old Dover Days will be held on May 1 and May 2, 1971, and
WHEREAS, Many visitors will be in the City of Dover to take part in said Old Dover Days.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That all of the citizens of the City of Dover are requested to actively participate in preparing the City of Dover to receive these visitors by cleaning up and fixing up their respective lawns and properties, and are requested to make an extra effort to help beautify the City of Dover for this special occasion.
2. That all citizens and visitors are invited to attend a reception given by the Mayor and Council of the City of Dover on Sunday, May 2 at the Old State House located on The Green between the hours of 1:30 P.M. AND 2:30 P.M.
ADOPTED APRIL 26, 1971
1 MILLION GALLON WATER TANK
City Manager Neylan stated that the City desires to construct a one (1) million gallon eater storage tank north of the McKee Run Generating Station. The monies for funding this project are available in the 1970 Bond Fund. Mr. Neylan requests that an engineer be retained to draw up the specifications for this tank on a time and material basis. Mr. Hayes questioned as to whether the City might be better off by constructing two (2) 500,000 gallon tanks rather than one (1) million ballon tank and wanted to know the feelings of the underwriters. The Underwriters have seen a copy of the City’s Master Plan which calls for the larger tank and have endorsed this proposal. On motion of Mr. Legates, seconded by Mr. Holpp, Council authorized the City Manager to employ the firm of Albright & Friel, Inc. to draw up the specifications for the construction of a one (1) million gallon water storage tank in the vicinity of the McKee Run Generating Station.
HASTINGS REZONING
A request has been received from Robert & Isabelle Hastings to rezone land they own located on the east side of U.S. Route 113. A public hearing is required prior to amending the zoning map and zoning ordinance. On motion of Mr. Legates, seconded by Mr. Biggs, Council adopted the following resolution and referred this 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 NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on the east side of U.S. Route 113, owned by Robert and Isabelle Hastings is presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and ordinance.
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 on May 24, 1971 at 8:00 P.M. on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-20 to C-4 that property located on the east side of U.S. Route 113, owned by Robert and Isabelle Hastings, equitable owner being Mary Anne Hutchins, and containing approximately 16,000 square feet.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED APRIL 26, 1971
U.S. ROUTE 13 SAFETY IMPROVEMENTS
A notice was received from the State Highway Department about a public hearing to be held in conjunction with the construction of safety improvements on U.S. Route 13 from Coopers Corner to Delaware Route 10. On motion of Mr. Coyle, seconded by Mr. Hayes, Council referred this notice to the City Manager and City Planner for their study and preparation of a brief report to be made to the Council.
CAPITAL GREEN PETITION
A letter was received from the County Agricultural Agent attached to a petition he had received from residents of the Capital Green Area complaining about a problem they are experiencing with moles in that area. This letter and petition will be forwarded to the Building Inspector for his study and he will make a reply on this problem.
CAPITAL SCHOOL DISTRICT TRAILER
Approximately one year ago permission was granted to the Capital School District to utilize a house trailer on the grounds of the West Dover Elementary School for use as a Diagnostic Center. This permission was granted for the school year of 1970-71. The School District is at this time requesting permission for use of this same trailer for the school year of 1971-72. On motion of Mr. Legates, seconded by Mr. Walls, Council requested the City Manager contact the School District to ascertain the length of time this trailer might be needed for this project.
CONDEMNED BUILDINGS
Building Inspector Jack T. Roe reported that the following buildings had been posted as dangerous and no response has been received from the owners:
1219 W. Walker Road, Florence Watkins & Anna Wright
1397 W. Walker Road, George Long Est., Max Terry, Admin.
1347 W. Walker Road, Harry Dixon
1170 W. Walker Road, Emanuel & Ethel Barros
W. Walker Road, Arthur Guinn
711 Slaughter Street, Leah Shockley Wilson
549 Fulton Street, Hilton Vann Est.
19 N. New Street, Helen Cohen & Grace Cohee Moore
The ordinance of the City of Dover requires that notice be sent to the owners of such posted buildings to appear at a public hearing to show cause why the buildings should not be repaired, vacated or demolished. On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous roll call vote directed that such public hearing be held on Monday, May 10, 1971 at 8:15 P.M. and that the owners be notified in accordance with the ordinance.
At this time, 9:45 P.M., Council recessed for an Executive Session, and reconvened at 10:05 P.M.
COMMITTEE OF COMMITTEES REPORT
A written report of the Committee of Committees meeting held on April 20, 1971 was presented by Chairman Hayes. On motion of Mr. Legates, seconded by Mr. Holpp, Council accepted the report as presented.
CITY WAREHOUSE CONTRACT
The Committee of Committees has reviewed the bids received on the Warehouse Project. The Total monies available for this construction was set at $350,000 from the sale of bonds. The low bidder was John L. Briggs and Company with a base price of $396,350. The bid listed 18 alternates as possible deductions. With the alternate deductions plus additional deductions possible as a result of negotiations with the low bidder plus an estimate of deductions in price resulting from the reduction in size of the building, the total of the proposed contract has been reduced to $319,553. On motion of Mr. Biggs, seconded by Mr. Coyle, Council by a unanimous roll call vote authorized the award of the contract to John L. Briggs and Company at the reduced price of $319,553. On motion of Mr. Coyle, seconded by Mr. Hayes, Council directed that any change orders in the construction of the warehouse be submitted to Council for their approval.
LEVY COURT MINUTES
On motion of Mr. Coyle, seconded by Mr. Muir, Council requested that copies of the Council Agenda and Council Minutes be forwarded to the members of the Kent County Levy Court and that they be requested to do the same for the members of the Dover City Council.
COUNCIL ADJOURNED AT 10:15 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of April 26, 1971 are hereby approved.
April 27, 1971 Crawford J. Carroll Mayor