REGULAR MEETING

The regular meeting of City Council was held on Monday, October 27, 1969 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Hastings, Hayes, Holpp, Jackson, Legates and Walls. Councilman Hughes was absent.

The invocation was said by the Rev. John Roock of the St. John’s Lutheran Church.

MINUTES

The minutes of the regular meeting of City Council of October 13, 1969 were approved and bore the written approval of Mayor Carroll.

REPORTS

Budget Report, General Fund, for the month of July was accepted.

Budget Report, General Fund, for the month of August was accepted.

RODNEY VILLAGE ANNEXATION RESULTS

The election officials who conducted the referendum held on October 25, 1969 on the question of annexation into the City of Dover of certain lands located in the Rodney Village area, certified to the Council the results of the election as follows:

            FOR annexation                     10,244 Votes

            AGAINST annexation            12,160 Votes

On motion of Mr. Holpp, seconded by Mr. Hayes, Council accepted the results of the election as certified by the election officials of Kent County.

Council at this time directed the City Solicitor to review the City of Dover Charter in reference to the provisions set forth on annexation referendums, whereby Corporations are ineligible to cast a ballot and the question on the voting by proxy, which has been denied in the past. The City Solicitor stated that he expects to have a report for Council at its next meeting. He will also check into the matter of absentee voting in Municipal Elections.

LEGISLATIVE & FINANCE, WAGES & HOURS COMMITTEE

A written report of the Legislative & Finance, Wages & Hours Committee held on Monday, October 20, 1969 was presented by Chairman Hayes. On motion of Mr. Hastings, Council accepted the report as presented.

HALLOWEEN PROCLAMATION

On motion of Mr. Walls, Council authorized the Mayor to issue a proclamation limiting the observance of Halloween to October 31, 1969 and setting a curfew of 10:00 P.M., subject to the penalties provided by the ordinances of the City of Dover.

CAREY-VIRDIN HOUSES

Numerous requests have been received for the purchase and relocating of the houses that were recently purchased by the City located on Pear Street, formerly owned by Mr. Carey and Mr. Virdin. City Manager Neylan has requested permission to dispose of these houses as soon as they become available. On motion of Mr. Hayes, seconded by Mr. Holpp, Council directed the City Manager to advertise the sale of these houses by Public Auction, as soon as they become available and at the discretion of the City Manager.

ELIZABETH McGINNIS REZONING

A request has been received from Mrs. Elizabeth McGinnis to rezone the property located at 975 Forest Street. A public hearing is required prior to amending the Zoning Ordinance and Map. On motion of Mr. Hayes, seconded by Mr. Walls, 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 property located at 975 Forest Street is presently zoned for RG-1 use, and

WHEREAS, it is necessary to hold a public hearing prior to amending the zoning ordinance and the 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 on November 24, 1969 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 RG-1 to C-2A that property located at 975 Forest Street, owned by Elizabeth McGinnis, and containing approximately 10,000 square feet.

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

Adopted October 27, 1969

SALE OF AMMONIATOR

The ammoniatory used at the Sewage Treatment Plant in the treatment of waste, primarily the rice waste of General Foods, has since been out of use, now that General Foods is treating their own estate. City Manager Neylan has requested permission of Council to dispose of this item, at the best price available, since it will no longer be needed in our waste treatment. On motion of Mr. Holpp, seconded by Mr. Hayes, Council granted permission of the City Manager to dispose of the ammoniator, at the best price available.

TREE ORDINANCE

For some time now, the City of Dover has been burdened with the problem of home owners planting trees and shrubs between the curb line and the sidewalk, a practice that the City would like to discourage. In order for the City to have more authority in prohibiting the plantings between the curb and sidewalk, it is necessary to amend the ordinance on Trees. On motion of Mr. Hastings, seconded by Mr. Legates, Council by a vote of 5 ‘yes’, 2 ‘no’, Messrs Hayes and Holpp, and 1 ‘absent’, Mr. Hughes, adopted the following ordinance.

AN ORDINANCE AMENDING THE CHAPTER 30 OF THE CODE OF THE CITY OF DOVER, DELAWARE BY DELETING SECTIONS 30-2 AND 30-3 THEREIN, AND INSERTING IN LIEU THEREOF, THE FOLLOWING:

Sec. 30-2. Park, Playground and Tree Committee to care for and preserve trees.

The Park, Playground and Tree Committee shall, among other things, provide for and have the authority to plant, remove, replace, and maintain all trees located on public property and/or public right-of-way, within the City Limits, except as provided for in the Land Subdivision Regulations of the City of Dover.

Sec. 30-3. Injuring, removing or planting trees, shrubs, or plants.

1. It shall be unlawful for any person to injure or carry away any fruit or ornamental tree, shrub or plant that has been planted in any public place; provided that nothing in this Section shall prevent the Park, Playground and Tree Committee or its authorized agents from properly trimming and pruning trees, plants or shrubs. (DOVER, DEL. ORDINANCES 11-102 (1962), amended by Dover, Del. Tree Ordinance 1, June 13, 1955.)

2. The City of Dover or its authorized agents only shall have the authority to plant, remove, replace, or maintain any planting on public property and/or public right-of-way within the limits of The City of Dover, except the planting and maintaining of grass be abutting property owners.

Adopted October 27, 1969

***(See Page 3 for further comment on Tree Ordinance)

LAUREL DRIVE - U.S. ROUTE 13 SEWER ASSESSMENT

A public hearing was duly advertised for this time and place for the purpose of establishing a rate to be assessed against property owners for the construction of sewer mains in the area of Laurel Drive and on the east side of U.S. Route 13 north from the recently installed pumping station at Dover Downs to the land owned by the State of Delaware, occupied by the Delaware State Police. Mayor Carroll declared the hearing opened. No one was present to speak for or against the proposal. The recommendation of the Utility Committee was a $5.00 per front foot charge, plus the tapping fee when the property owner tapped into the sewer main. These charges per front foot would be entered into the Municipal Lien Docket. Mayor Carroll declared the hearing closed. On motion of Mr. Hastings, seconded by Mr. Holpp, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Hughes, approved the recommendation of the Utility Committee in setting the above mentioned front foot charge and assessment as outlined the ordinance adopted by Council on September 29, 1969, and also included method of payment.

U.S. ROUTE 13 WATER ASSESSMENT

A public hearing was duly advertised for this time and place for the purpose of establishing a rate to be assessed against property owners for the construction of water mains in the area on the east side of U.S. Route 13 between the point of termination of the previously existing water main in the area north of Dover Downs and the land of the State of Delaware, occupied by the Delaware State Police. Mayor Carroll declared the hearing opened. No one was present to speak for or against the proposal. The recommendation of the Utility Committee was a $3.00 per front foot charge, plus tapping fee when the property owner tapped into the water main. These charges per front foot would be entered into the Municipal Lien Docket. Mayor Carroll declared the hearing closed. On motion of Mr. Holpp, seconded by Mr. Hastings, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Hughes, approved the recommendation of the Utility Committee in setting the above mentioned front foot charge and assessment, and the method of payment, as outlined the ordinance adopted by Council on September 29, 1969.

BOOK-McGINNIS REZONING

A public hearing was duly advertised for this time and place for the purpose of rezoning a piece of property located on New Burton Road, the legal owners being Mr. & Mrs. George Mazock, and the equitable owners, Mr. Raymond Book and Mr. James McGinnis. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission recommended approval of this request. Mayor Carroll then declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Hayes, Council 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 LAND LOCATED ON THE EAST SIDE OF NEW BURTON ROAD IN THE ‘MIDWAY SUBDIVISION’, FROM R-20 TO C-1 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 C-1 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 Ordinance of the City of Dover shall be amended by changing the zoning designation from R-20 to C-1 on that land located on the east side of New Burton Road in the ‘Midway Subdivision’, owned by Mr. & Mrs. George Mazock, and containing approximately 33,450 square feet.

Adopted October 27, 1969

HARRIS REZONING

A public hearing was duly advertised for this time and place for the purpose of rezoning a piece of property located at 601 Spring Garden Street. Mayor Carroll declared the hearing opened. Mr. Grover Brown, attorney for the equitable owners, Mr. & Mrs. Anthony Harris, was present and addressed Council on behalf of his clients and their hope for rezoning of this property. The Planning Commission has recommended approval of this request. Mayor Carroll then declared the hearing closed. On motion of Mr. Hastings, seconded by Mr. Walls, Council 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 LAND LOCATED ON 601 SPRING GARDEN STREET, FROM R-7 TO RG-1 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-7 to RG-1 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 Ordinance of the City of Dover shall be amended by changing the zoning designation from R-7 to RG-1 on that property located at 601 Spring Garden Street, owned by the Delaware Trust Company, with Mr. & Mrs. Anthony Harris, equitable owners, and containing approximately 19,400 square feet.

Adopted October 27, 1969

COUNCIL ADJOURNED AT 8:45 P.M.

Jay R. Dougherty

City Clerk

All orders, ordinances and resolutions adopted by Council at its meeting of October 27, 1969 are hereby approved.

                                                                                                                                                            

October 28, 1969                                                                                 Crawford J. Carroll Mayor

******(Addition to Section Entitled Tree Ordinance)

Upon passage of the ordinance on Trees, discussion was held as to Section 30-2 granting the authority to plant, remove, etc. of the trees to the Tree Committee. Mayor Carroll then stated that the purpose of the Standing Committees have up until this time only been delegated with the power to make recommendations to Council, the final decision to be made by Council. It is his feeling that no authority should be granted to any of the Standing Committees, which is in direct conflict with Section 30-2 of the Tree Ordinance. On motion of Mr. Hastings, seconded by Mr. Walls, Council referred this problem tot eh Legislative & Finance, Wages & Hours Committee for their study and recommendation on removing the authority granted the Tree Committee in Section 30-2 of the Tree Ordinance.