REGULAR MEETING
The regular meeting of City Council was held on Monday, September 29, 1969 at 7:30 P.M. with Vice-Mayor Hayes presiding. Councilmen present were Messrs Biggs, Hastings, Holpp, Jackson, Legates and Walls. Mayor Carroll and Councilman Hughes were absent.
The invocation was said by Dr. Robert Parker of Wesley College.
MINUTES
The minutes of the regular meeting of City Council of September 8, 1969 were accepted and bore the written approval of Mayor Carroll.
UTILITY COMMITTEE
The written report of the Utility Committee meeting held on September 17, 1969 was presented by Chairman Holpp. On motion of Mr. Walls, Council accepted the report as presented.
BEECHES AND U.S. ROUTE 13 SEWER LINES
Sewer lines have been installed in the area of the Beeches on Laurel Drive and in U.S. Route 13 in the vicinity of the Delaware State Police station. The Utility Committee recommends that a public hearing be set prior to assessing the cost of the lines. On motion of Mr. Hastings, seconded by Mr. Walls, Council by a vote of 6 ‘yes’ and 1 ‘absent’, Mr. Hughes, adopted the following ordinance.
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF THE INSTALLATION OF SEWER MAINS ON LAUREL DRIVE IN THE AREA OF THE BEECHES, 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.
WHEREAS, The Council is authorized to install sewer mains in the City, and by ordinance, to provide for the levy and collection of assessments against property owners whose land adjoins said installation, and
WHEREAS, The Council has caused to be installed sewer mains on Laurel Drive and the east side of U.S. Route 13 north from the recently installed pumping station at Dover Downs to the land of the State of Delaware, occupied by the Delaware State Police, and
WHEREAS, this Ordinance is enacted pursuant to the Charter of the City of Dover, Section 28(c) to levy and collect the assessment against property owners whose land adjoins said installations to cover the cost thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. An assessment shall be, and hereby is, levied against all property owners whose property adjoins the installation of said sewer mains at the rate of $5.00 per front foot adjoining the said sewer main.
2. These assessments shall be liens against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. These assessments shall be paid within a five-year period from the date of enactment of the assessment and levies including interest which shall be at the rate of 4% per annum on the unpaid balance of each assessment. The assessments plus accrued interest to the date of payment may be paid in full at any time during the five-year period. If the assessments are paid in full within one year from the date of enactment of the assessments and levies, then all interest charges shall be waived and only the original amount of each assessment shall be paid.
4. The cost of tapping to said sewer mains shall be in addition to the assessments heretofore stated and such tapping charges shall be due and payable once the tap is completed.
5. A public hearing on said assessments and levies shall be held on October 27, 1969 at 8:00 P.M. in City Hall, Council Chambers, at which time any appeals from the same may be heard. Notice of said public hearing shall be given by publication in the Delaware State News once a week for each of the two weeks preceeding the date of the hearing.
Adopted September 29, 1969
U.S. ROUTE 13 WATER LINES
A water line has been installed in the area on the east side of U.S. Route 13 from a point where it had terminated on the southern boundary of the former Smith farm, northward to the lands of the Delaware State Police. The Utility Committee recommends that a public hearing be set prior to assessing type cost of the line. On motion of Mr. Hastings, seconded by Mr. Walls, Council by a vote of 6 ‘yes’ and 1 ‘absent’, Mr. Hughes, adopted the following ordinance.
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF INSTALLATION OF A WATER MAIN 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.
WHEREAS, The Council is authorized to install water mains in the City, and by ordinance, to provide for the levy and collection of assessments against the property owners whose land adjoins said installation, and
WHEREAS, The Council has caused to be installed a water main 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, and
WHEREAS, this Ordinance is enacted pursuant to the Charter of the City of Dover, Section 28(c) to levy and collect the assessment against property whose land adjoins said installations to cover the cost thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. An assessment shall be, and hereby is, levied against all property owners whose property adjoins the installation of said water main at the rate of $3.00 per front foot adjoining said water main.
2. These assessments shall be liens against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. These assessments shall be paid within a five-year period from the date of enactment of the assessment and levies including interest which shall be at the rate of 4% per annum on the unpaid balance of each assessment. The assessments plus accrued interest to the date of payment may be paid in full at any time during the five-year period. If the assessments are paid in full within one year from the original amount of each assessment shall be paid.
4. The cost of tapping to said water main shall be in addition to the assessments heretofore stated and such tapping charges shall be due and payable once the tap is completed.
5. A public hearing on said assessments and levies shall be held on October 27, 1969 at 8:05 P.M. in City Hall, Council Chambers, at which time any appeals from the same may be heard. Notice of said public hearing shall be given by publication in the Delaware State News once a week for each of the two week preceeding the date of the hearing.
Adopted September 29, 1969
INTEREST LIMITATIONS - REVENUE BONDS
The sections of the Charter of the City of Dover authorizing the issuance of revenue bonds limits the interest that can be paid on such bonds to 6%. The Utility Committee recommends that an amendment to the revenue bond section be introduced into the State Legislature to remove the interest limitation, the interest to be paid would then be determined by Council. On motion of Mr. Hastings, seconded by Mr. Biggs, Council authorized the City Solicitor to draw an amendment to be presented to the State Legislature removing the interest limitation on revenue bonds in the City Charter.
WATER DISTRIBUTION STUDY
A letter has been received from Albright & Friel, Inc., upon the request of the City Manager, outlining a study that they will make of our water distribution system and plans and recommendations needed to meet future demands of water. The work by Albright & Friel, Inc. would be done on a per diem basis and would take approximately 120 days to complete. The cost would be approximately $12,000. The Utility Committee recommends that Albright & Friel be retained to make such a study. On motion of Mr. Jackson, seconded by Mr. Biggs, Council directed the City Manager to engage Albright & Friel, Inc. to make a study and recommendations of the water distribution system.
TRASH ORDINANCE REVISION
The Utility Committee has been studying the Trash Ordinance of the City of Dover and has made certain revisions in same. A copy has been presented to Council for the consideration. On motion of Mr. Jackson, seconded by Mr. Hastings, Council postponed any action on this ordinance until such time as a study could be made by the Councilmen, and a presentation of this ordinance will be made at the next Council meeting.
CAPITAL IMPROVEMENT COMMITTEE
A written report of the Capital Improvement Committee meeting held on September 11, 1969 was presented by Chairman Hayes. On motion of Mr. Holpp, Council accepted the report as presented.
CAREY - VIRDEN PROPERTIES
The Capital Improvement has considered the value of three properties adjacent to the warehouse property of the City of Dover located at the foot of Williams Street. These properties of owned by Mr. Frank H. Virdin, Mr. Fred S. Carey, Sr., and Mrs. Florence Moore, all being located on Pear Street. The appraised values on the lands are $7800, and $6800 respectfully. These appraisals were made in 1965 and it is estimated that they have increased by 10% each year since. An offer has been received from both Mr. Carey and Mr. Virdin. Mr. Carey has offered to sell his land for $13,000 and Mr. Virdin, his land for $15,000. On motion of Mr. Hastings, seconded by Mr. Biggs, Council by a vote of 5 ‘yes’ and 1 ‘no’, Mr. Jackson, authorized the City Manager to purchase the Carey property for $13,000 and the Virdin property for $15,000.
PROJECT 44
Bids were recently received on Project 44, construction of sewer and water lines in recently annexed area to the City of Dover. The three bidders and prices were received as follows:
Edgell Construction Company - $127,662.50
W. B. Mitten & Sons, Inc. - $161,766.00
Warren Brothers Co., Inc. - $165,230.00
On motion of Mr. Holpp, seconded by Mr. Walls, Council authorized the award of a contract on Project 44 to the low bidder, Edgell Construction Company.
4 WAY STOP STREET - ROSS & WEST STS.
A request has been received from some of the residents of Fairview requesting that a four way stop sign be installed at the intersection of Ross and West Streets. On motion of Mr. Walls, seconded by Mr. Jackson, Council referred this request to the Safety Advisory Committee for the recommendation.
MAYOR AND COUNCIL SALARIES
Councilman Jackson at this stated that he would like to see a study made of the possibility of raising the salary of the Mayor and Council. The amount of salary now paid if provided by the Charter of the City of Dover, thereby any change would be an amendment to the Charter. He felt that an increase is necessary to bring the City of Dover officials more in line with other cities of comporable size. On motion of Mr. Jackson, seconded by Mr. Walls, this question on salaries of the Mayor and Council was referred to the Legislative & Finance, Wages & Hours Committee for their study and recommendation.
BOOK-McGINNIS REZONING
A request has been received from Mr. & Mrs. George Mazock, legal owners, and Mr. Raymond Book and Mr. James McGinnis, equitable owners, to rezone a piece of property located on New Burton Road. A public hearing is required prior to amending the Zoning Ordinance and Map. On motion of Mr. Hastings, 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 on New Burton Road in the ‘Midway Subdivision’ is presently zoned for R-20 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 October 27, 1969 at 8:10 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-1 that property located on New Burton Road, Lots 3, 4, and 5 in the ‘Midway Subdivision’, owned by Mr. and Mrs. George E. Mazock and containing approximately 0.78 acres.
2. That a notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted September 29, 1969
HARRIS REZONING
A request has been received from the Delaware Trust Company, legal owner, and Mr. & Mrs. Anthony Harris, equitable owner, to rezone the property located at 601 Spring Garden Street. A public hearing is required prior to amending the Zoning Ordinance and Map. On motion of Mr. Holpp, 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 601 Spring Garden Street is presently zoned for R-7 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 October 27, 1969 at 8:15 P.M. on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-7 to RG-1 that property located on 601 Spring Garden Street, owned by the Delaware Trust Company, legal owner, and Mr. & Mrs. Anthony Harris, equitable owner, and containing approximately 19,500 square feet.
2. That a notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted September 29, 1969
WIDENING SAULSBURY-McKEE ROADS
In the overall transportation study being compiled by the Planning Department in conjunction with the Comprehensive Plan, a recommendation has been presented to the City Manager for the widening of Saulsbury-McKee Roads from the Hartly Road north to the present City Limits. The City has been in contact with the Highway Department Planning Office and they feel that this request is very much in order. They spoke of possibly extending this project beyond the City Limits north to join up to U.S. Route 13. Mr. Neylan, City Manager, stated that he would like permission and the blessing of Council to request that the Highway undertake this project. Their next meeting is on October 8, 1969 and they stated that they might be able to present this project at that time and if approval is granted by the Highway Commission they would start the planning of the project as soon as possible. On motion of Mr. Hastings, seconded by Mr. Jackson, Council directed that the City Manager contact the Highway Department prior to October 8, 1969 and advise them on the feelings of the City of Dover in reference to the above mentioned project.
SAN DIEGO TRIP
Councilman Hastings and City Manager Neylan spoke to Council about their recent trip to San Diego, California in conjunction with the 200th Celebration of the State of California and the City of San Diego. They related many of their experiences while there and thanked Council for the opportunity of having represented the City of Dover during the Delaware Week of the Celebration.
COUNCIL ADJOURNED AT 8:30 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of September 29, 1969 are hereby approved.
SEPTEMBER 30, 1969 Crawford J. Carroll Mayor