REGULAR MEETING
The regular meeting of City Council was held on Monday, October 13, 1969 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Hastings, Hayes, Holpp, Hughes, Jackson, Legates and Walls.
The invocation was said by the Rev. Charles W. Adams, of the First Southern Baptist Church.
MINUTES
The minutes of the regular meeting of City Council of September 25, 1969 were accepted and bore the written approval of Mayor Carroll.
REPORTS
The Chief of Police report for the month of September was accepted.
The Building Inspector and Fire Marshal report for the month of September was accepted.
Alderman report for the month of September was accepted. Fines in the amount of $311.40 were remitted.
The J. P. Court #7 report for the month of September was accepted. A check in the amount of $3,083.50 was remitted to the City of Dover.
The Cash receipts, General Fund, for the month of September was accepted.
Cash Receipts, Electric Revenue Fund, for the month of September was accepted.
Cash Receipts, Electric Improvement Fund, for the month of September was accepted.
City Manager report for the month of September was accepted.
AREA SURVEY
The Junior Chamber of Commerce is interested in participating with the City of Dover in an annual project which will be of service to the community. A survey to determine the opinion of the area residents on certain subjects has been suggested for an annual project. A survey form has been prepared by the Planning Department and presented to Council for the study and recommendations. The Council of the City of Dover endorses in principal the idea of a survey of the residents, and will look over the questionnaire and make any suggestions on additions or deletions they might desire. The City Manager and the representatives of the Jaycees will get together and work out the details on the questionnaire and present it to Council for their approval.
TAX STATUS ON MUNICIPAL BONDS
A bill was originally introduced into the Congress of the United Stated and referred to the Finance Committee that would require municipalities to pay taxes on Municipal Bonds and General Obligation Bonds. They were presently tax free status. City Manager Neylan has requested that the City of Dover go on record as opposing such a bill in Congress. It has been reported that the section of the bill referred to above dealing with tax on Municipal Bonds has been withdrawn and will not be in the bill when it is presented to Congress for adoption, but it could be added as an amendment, the felling is that pressure by Local Municipalities could possibly avert this. On motion of Mr. Hastings, seconded by Mr. Jackson, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Hughes, directed that a resolution be drawn and sent to the State of Delaware Congressional Representatives stating the objection of the City of Dover on the above mentioned taxation on Municipal Bonds.
USO SIGNS
A request has been received from the USO, asking permission to place permanent directional signs on the Plaza at State and Loockerman Streets and also on West Loockerman Street in the vicinity of the Trailways Bus Station, these being directional signs to the USO located on West Loockerman Street. On motion of Mr. Hughes, seconded by Mr. Jackson, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Holpp, denied the request of the USO.
WSFS BUILDING
On August 25, 1969, Council authorized the City to enter into an agreement with Mrs. Mary G. Wilson, owner, to purchase the building next to City Hall that presently houses the Wilmington Savings Fund Society. The terms agreed upon were a sale price of $275,000, with down payment of $75,000 and the balance of $200,000 paid over a ten year period at 5% interest on the unpaid balance. A letter was recently received from Mrs. Wilson stating that in lieu of the long term sale, they would like to make a cash settlement of $275,000 during the week of December 8, 1969. On motion of Mr. Hayes, seconded by Mr. Biggs, Council referred the letter of Mrs. Wilson to the City Solicitor in order to determine if the original offer made by Mrs. Wilson is a binding contract, having been accepted by the City of Dover.
TRASH ORDINANCE
On motion of Mr. Walls, seconded by Mr. Hayes, Council by unanimous vote adopted the following ordinance amending the Trash Ordinance in whole.
AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF DOVER, DELAWARE THE ENTIRE PROVISIONS THEREIN, AND INSERTING IN LIEU THEREOF, THE FOLLOWING:
CHAPTER 26
REFUSE
26-1 Definitions
26-3 Refuse deposits prohibited; exceptions; duty to remove.
26-4 Accumulation of noxious matter; City authority to remove.
26-5 Garbage precollection practices.
26-6 Specifications for containers.
26-7 Frequency of collection
26-8 Collection points.
27-9 Location of containers for collection.
26-10 Removal of empty containers.
26-11 Collection of loose garbage and refuse.
26-12 Removal of bulky materials and construction debris.
Sec. 26-1 Definitions
As used in this Chapter, unless the context otherwise clearly indicates:
Ashes shall mean the residue from the burning of wood, coal, coke or other combustible materials.
Garbage shall mean putrescible animal and vegetable wastes resulting from the handling, preparation cooking, and consumption of food.
Refuse shall mean all putrescible and non-putrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
Rubbish shall mean non-putrescible solid wastes excluding ashes, consisting of both combustible and non-combustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.
Commercial properties shall mean any business having a valid business license issued by the City of Dover including apartment houses.
Residential Account shall mean any single family dwelling.
Industrial plants will not be serviced.
Sec. 26-3 Refuse deposits prohibited; exceptions; duty to remove.
a. Depositing prohibited. It shall be unlawful and a nuisance for any person to throw, deposit or wash or permit to be thrown, deposited or washed, any advertising matter, paper, rubbish, refuse, garbage, grass clippings, brush, etc., or other offensive matter upon any street or other public place or in or upon any private property, except as otherwise provided in Subsection (b).
b. Leaf accumulations. The placing of leaves in the City streets is prohibited, except during leaf collection scheduled by the City Manager in the fall, generally between September 15th and December 15th.
c. Duty to remove. It shall be the duty of any person violating the provisions of this decision to immediately remove the unlawfully deposited rubbish, garbage, refuse or other offensive matter upon notification by any policeman or the Health Inspector.
Sec. 26-4. Accumulation of noxious matter; City authority to remove
It shall be unlawful for any person to allow any garbage, refuse, rubbish or other noxious matter to accumulate on any premises or vacant lot except in approved containers, and then only for the purpose of being collected. In the event that any person shall fail for a period of five (5) days after written notice by the City Manager or Health Inspector to keep the premises or vacant lot clear, the City shall have authority to remove the noxious matter at the cost of the person responsible.
Section 26-5. Garbage precollection practices.
All garbage, before being placed in containers for collection, shall be drained of free liquid and shall be wrapped in paper of sufficient thickness. No garbage that is so soluble that it cannot be wrapped in paper shall be removed by the collectors.
Sec. 26-6. Specifications for containers.
a. For refuse. Refuse shall be placed in containers not larger than eighteen (18) inches by twenty-six (26) inches, or alternatively not over one hundred (100) pounds gross weight when full; the containers shall have tight fitting lids. In addition, refuse containers of one (1) or more cubic yards may be used if they are compatible with the City’s refuse handling equipment.
b. For ashes. Ashes shall be placed in tightly sealed, fire-proof containers of not over one hundred (100) pounds of gross weight.
c. For sawdust. Sawdust shall be placed in boxes with tight lids and the boxes shall be tied with cord.
d. For paper. Paper shall be bundled with cord.
e. Fullness of containers. Containers shall not be full that the contents may spill when handled by collectors. Metal or fiber barrels of more than 30 gallons capacity and/or cut off barrels shall be prohibited.
Sec. 26-7. Frequency of collection.
Except as provided in Section 26-8, the City Manager shall in his discretion, divide the City into districts and shall schedule the collection of refuse in those districts on the day or days and at the time or times that shall be most efficient and convenient. Adequate notice of the collection schedules shall be given to the residents of the City. Trash collection scheduled on a legal holiday will not be picked up until the next regularly scheduled collection day and shall not be placed for collection.
Section 26-8. Collection Points.
a. Downtown business area. All refuse that is collected from the downtown business area, which shall include that area bounded by the Loockerman Street Bridge on the east, the Pennsylvania Railroad on the west, North Street on the south and Minor Street on the north, shall be placed for collection between twelve (12:00) o’clock midnight and eight (8:00) o’clock A.M. on the day of collection.
b. Elsewhere. In all other alleys, garbage or refuse may be put out on the night before collection day, but for locations where there are no alleys, garbage or refuse shall be put out on the sidewalk curbline between twelve (12:00) o’clock midnight and eight (8:00) o’clock A.M. on the day of collection.
Sec. 26-9. Location of containers for collection.
On collection days, all refuse shall be placed in appropriate containers along the curb or alley from which collection is to be made.
Commercial properties. All commercial properties have paved roadway or parking area may have their trash collected on their property provided:
1. Collection point shall be paved and readily accessible to city trash trucks.
2. Trash accumulating more than one cubic yard will not be picked up unless it is placed in large containers compatible to the City of Dover trash trucks. In no case shall more than 2 cubic yards be collected.
Sec. 26-10. Removal of empty containers.
Empty containers shall be removed by the owner on the same day that collection was scheduled.
Sec. 26-11. Collection of loose garbage and refuse.
Any garbage or refuse which has not been properly placed in containers as provided in this Chapter shall not be accepted by the collectors and it shall be the duty of the person responsible to immediately remove the loose garbage or refuse.
Sec. 26-12. Removal of bulky materials and construction debris.
a. Bulky materials. Special arrangements shall be made for the collection of brush, tree clippings, or other substances too bulky to be placed in those refuse containers permitted by Section 26-6. There shall be no charge for this service.
b. Construction debris. Construction debris shall not be collected by the City and shall be removed by the owner.
Adopted October 13, 1969
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee was presented by the Chairman, Mr. Hastings. On motion of Mr. Hayes, Council accepted the report as presented.
TRAFFIC ORDINANCES
On motion of Mr. Hastings, seconded by Mr. Walls, Council by unanimous vote adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That stop signs be erected at the intersection of Ross and West Streets requiring traffic traveling on West Street in a north to south direction to stop at said intersection with Ross Street.
2. That no parking signs be erected on the southerly side of the South Little Creek Road at the entrances and exits to the East Dover Elementary School to prohibit parking a distance of fifty (50) feet in each direction from the entrances and exits.
3. That no parking signs designating a bus loading zone between the hours of 2:00 P.M. and 4:00 P.M. Monday through Friday inclusive be erected on the east side of Pennsylvania Avenue from Delaware Avenue to the driveway into the Dover School.
Adopted October 13, 1969
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playgrounds, and Trees Committee meeting held on October 6, 1969 was presented by Chairman Hastings. On motion of Mr. Walls, Council accepted the report as presented.
HELICOPTER PRACTICE - SILVER LAKE
A request had been received from the Air Force asking permission to use Silver Lake to hold a four hour practice on Silver Lake for water and air rescue. They would be dropping men into Silver Lake and recovering them by Helicopter. The Chief of Police has recommended they use the west side of the lake. On motion of Mr. Hughes, seconded by Mr. Hayes, Council granted permission to the Air Force to use Silver Lake as requested.
JARRELL-WALLACE REZONING
A request has been received from Mr. Maurice Jarrell and Mrs. Lillian Wallace to rezone their property located at 983 and 991 Forest Street. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. 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 by unanimous 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 LAND LOCATED AT 983 AND 991 FOREST STREET, OWNED BY MR. MAURICE JARRELL AND MRS. J. C. WALLACE, AND CONTAINING APPROXIMATELY 0.80 ACRES.
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 RG-1 to C-2A 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 RG-1 to C-2A on that land located at 983 and 991 Forest Street, owned by Mr. Maurice Jarrell and Mrs. J. C. Wallace, and containing approximately 0.80 acres.
Adopted October 13, 1969
ROUTE 13 WEST REZONING
A request had been received to rezone the properties located on the west side of U.S. Route 13 from Towne Point Motel to Loumar, Inc. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has recommended the rezoning. In the vicinity of the intersection of State Street and U.S. Route 13, there is a parcel of land owned by M. A. Frazier, Inc. that is used for the manufacturing of concrete products. The Planning Commission has recommended this land be rezoned from R-20 to M. Mr. Hughes, at this time questioned whether it should be rezoned to M, Manufacturing Zone, or remain R-20 and be a non-conforming use. Council then agreed that it remain R-20, until such time as the owner could be contacted as to his feeling on the rezoning and possible future use of the property. Mayor Carroll then declared the hearing closed. On motion of Mr. Jackson, seconded by Mr. Hayes, Council by unanimous vote adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATIONS OF THE LAND LOCATED ON THE WEST SIDE OF U.S. ROUTE 13, FROM THE TOWNE POINT MOTEL TO THE LANDS OF LOUMAR, INC.
WHEREAS, the City of Dover has enacted a zoning ordinance 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 uses from R-20 to I0, C-4. C-2A and R-7 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 I0, C-4, C-2A and R-7 on that land located on the west side of U.S. Route 13, bounded on the south by the lands of the Towne Point Motel, Inc. and the Lake Club Apartments; on the west by Silver Lake and Fork Branch; on the north by the land of Loumar, Inc.; and on the east by U.S. Route 13, and also including the lands owned by the State of Delaware, and occupied by the Delaware State Police. A detailed map of this area is attached to these minutes to become a permanent record of same.
Adopted October 13, 1969
ONE-WAY TRAFFIC
The request to make one-way traffic on State and Governors Avenue was presented back to Council at this time. A large amount of correspondence was received from various residents and businessmen along both routes stating their objection to this proposal. Correspondence was also received from the Downtown Dover Business Association and the Robbins Hose Company relating their feeling as being in favor of such a proposal. City Manager Neylan then presented facts and figures that had been obtained by the City of Dover Planning Department and the State Highway Department consisting of charts and overlays and traffic counts along these two routes, as had been requested by Council. The Planning Commission has also recommended that this one-way traffic proposal be approved. After much discussion by Council, Mr. Legates made a motion, seconded by Mr. Walls, that State Street become one-way northbound and Governors Avenue one-way southbound, both running from Walker Road to Wyoming Avenue. The vote of this motion of 3 ‘yes’, Messrs. Jackson, Legates and Walls, and 5 ‘no’, Messrs Biggs, Hastings, Hayes, Holpp and Hughes, thereby defeating the proposal of making one-way traffic on State Street and Governors Avenue.
Mayor Carroll then requested that a study be made by the Safety Advisory Committee on the possibility of channelization of traffic on State Street and Governors Avenue, which he feels will better serve the problem, and also the possibility of opening new roads in the City of Dover.
BAYARD HOTEL PROPERTY
A letter was received from the Harris-Hanby Realtors concerning the property located on the southwest corner of South Governors Avenue and Loockerman Street. This is the property of the Bayard Hotel owned by the Lord family. It is on the market for sale at a price of $220,000. Their correspondence to the City of Dover was made ascertain if the City might be interested in purchasing same. On motion of Mr. Hastings, seconded by Mr. Legates, Council directed that copies of this letter be made and sent to the Planning Commission, Parking Authority, Downtown Dover Businessmens Association and any other organization that might be intersected in this property.
COUNCIL ADJOURNED AT 9:50 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of October 13, 1969 are hereby approved.
October 14, 1969 Crawford J. Carroll Mayor