REGULAR MEETING
The regular meeting of City Council was held on Monday, April 14, 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. Gregory Howe of the Christ Episcopal Church.
MINUTES
The minutes of the regular Council meeting of March 24, 1969 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police report for the month of March as accepted.
Building Inspector & Fire Marshal report for the month of March was accepted.
Alderman report for the month of March was accepted. Fines in the amount of $455.70 were remitted.
J. P. Court #7 report for the month of March was accepted. Fine in the amount of $2,670 were remitted to the City of Dover.
Cash Receipts, General Fund, for the month of March was accepted.
Budget Report, General Fund, for the month of February was accepted.
Cash Receipts, Electric Revenue Fund, for the month of March was accepted.
Cash Receipts, Electric Improvement Fund, for the month of March was accepted.
City Manager Report for the month of March was accepted.
HUEBNER FARM
The Huebner Farm that was recently purchased by the City of Dover for future expansion of the sewage facilities has been deeded to the City of Dover. City Manager Neylan at this time requested permission to rent this farm land since it will probably not be utilized by the City of Dover for at least one year. On motion of Mr. Holpp, seconded by Mr. Hastings, Council authorized the City Manager to obtain bids on the rental of this farm land for one year, the City Manager to award the rental use to the highest bidder.
MISUNAS PROPERTY
City Manager Neylan request permission of Council to obtain bids on the demolition and removal of the house located on the Misunas property that was recently purchased by the City of Dover located at the southwest corner of Pear and William Streets. On motion of Mr. Hastings, seconded by Mr. Biggs, Council granted such permission to the City Manager.
AMBULANCE LEGISLATION
The State Board of Health has introduced legislation into the State Legislature providing for the regulations and standards of operating ambulance services in the State of Delaware, this having been promulgated by the Federal Highway Safety Act. They have contacted all municipalities and local governments who operate ambulance service to the public ans asked them to endorse this legislation now under consideration. An Advisory Committee would be set up under this act, on which the City of Dover would have a representative. A copy of this proposed legislation will be mailed to each Councilmen for their consideration prior to acting on same at the next Council meeting.
HOSPITAL - AMBULANCE AGREEMENT
In connection with the ambulance service soon to commence under the direction of the City of Dover, a tentative agreement has been reached with Kent General Hospital for the construction of a garage to house the two ambulances proposed by the City. Further details must be worked out with Kent General Hospital which would include communications, personnel liability, direction of personnel operating from hospital, etc. The City would agree to operate the ambulance service for a minimum initial period of five years. On motion of Mr. Hastings, seconded by Mr. Holpp, Council requested that a formal agreement be drawn and presented to Council for their adoption prior to signing of such an agreement with Kent General Hospital.
AMBULANCE OPERATION
The question of the operation of the ambulance and the handling of the personnel necessary for this service was brought before Council at this time. It has been undetermined at this time whether the ambulance would be under the direction of the City Manager or the Chief of Police. Council deferred until their next meeting any decision on this matter.
UTILITY COMMITTEE
A written report of the Utility Committee meeting held on April 7, 1969 was presented to Council by Chairman Holpp. On motion of Mr. Walls, Council accepted the report as presented.
STREET LIGHTS
The current rate per KWH charged for street lighting is 5¢. The charge was designed to cover cost of energy and operating the street light system. The cost of new street lighting is not now derived from the Electric Revenue Fund, but from Bond Funds. The Utility Committee at this time recommends that the cost of street lighting paid by the City of Dover General Fund, be reduced to 3¢ per KWH. On motion of Mr. Hastings, seconded by Mr. Biggs, Council approved the recommendation of the Utility Committee.
GINO’S - SO. GOVERNORS AVE.
Gino’s Restaurant, formerly known as Betty’s Lunch, has been attached to the City sewer and water for more than ten years. A question arose as to whether the new owner would be permitted to install a larger sewer and water service than now exists, since this property is located outside of the City limits. The Utility Committee recommends that no larger service be permitted under the City’s policy of not extending these utilities to areas outside the City Limits. On motion of Mr. Walls, seconded by Mr. Holpp, the recommendation of the Utility Committee was presented for approval. There were 3 ‘yes’ votes, Messrs Biggs, Holpp and Walls, and 4 ‘no’ votes, Messrs Hastings, Hayes, Jackson and Legates. Mr Hughes not voting, being absent. This motion was thereby defeated.
On motion of Mr. Hastings, seconded by Mr. Jackson, Council by a vote of 4 ‘yes’ and 3 ‘no’, Messrs Biggs, Holpp and Walls, and 1 ‘absent’, Mr. Hughes, granted permission of Gino’s Restaurant to change the size of service of sewer and water into their property located on South Governors Avenue, formerly known as Betty’s Lunch.
FUTURE BOUNDARIES
The policy of the City of Dover is now that the extension of City sewer and water to areas not presently within the limits of Dover is not permitted. The Council was asked to determine and establish boundaries of the area which was felt should eventually be included within the limits of the City of Dover. On motion of Mr. Hastings, seconded by Mr. Jackson, Council referred his proposal back to the Utility Committee and asked that they come up with a reasonable defined area that would eventually be the boundaries of the City of Dover. Their recommendation would then be presented to Council for adoption.
PARKS, PLAYGROUND & TREES COMMITTEE
A written report of the Parks, Playgrounds and Trees Committee meeting held on April 7, 1969 was presented by Chairman Hastings. On motion of Mr. Walls, Council accepted the report as presented.
TARBURTON TRACT
A preliminary plan on the development of the Tarburton tract was presented to Council at this time. The next step in the development of this area, would be to make up a master plan and to determine the cost estimates of construction and development. City Manager Neylan stated that depending on the cost and the availability of grants, the time schedule for the development of this area is not certain at this time.
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee meeting held on April 7, 1969 was presented to Council by Chairman Hastings. On motion of Mr. Hayes, Council accepted the report as presented.
STOP SIGN ORDINANCES
The Safety Advisory Committee has recommended that stop signs be placed at the intersection of Smith Street and American Avenue, in the alley at the rear of the Professional Building between State and Bradford Street, and at both ends of the alley running north and south behind GG’s. On motion of Mr. Walls, seconded by Mr. Hastings, Council requested that such an ordinance be drawn to cover the erection of stop signs as outlined above and presented to Council for their adoption.
McKEE ROAD WATER AND SEWER ASSESSMENT
A public hearing was duly advertised for this time and date for the purpose of establishing a rat to be assessed against property owners for the construction of sewer and water lines between the point of termination of the previously existing water and sewer mains in the area of the National Cup plant and College Road. Mayor Carroll declared the hearing opened. No one was present to speak for or against the assessment. The recommendation of the Utility Committee was a charge of $3.00 per front foot each for sewer and water lines installed, plus the tapping fee when the owner tapped into either or both of these lines. These charge per front foot would be entered into the Municipal Lien Docket. On motion of Mr. Hastings, seconded by Mr. Hayes, 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 as outlined in the ordinance adopted by Council on March 10, 1969, and also including method of payment.
LEB, CORP. REZONING
A request has been received from LEB, Corp. to rezone from RG-1 to RG-3 the property located at 766 South State Street. A public hearing is required prior to amending the Zoning Map and Zoning Ordinance. 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 766 South State 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 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 at 8:00 P.M. on May 12, 1969 on a proposed amendment to the zoning ordinance of the City of Dover which would rezone from RG-1 to RG-3 that property located at 766 South State Street, owned by LEB, Corp., and containing approximately 12,000 square feet.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted April 14, 1969
H. BAXTER McKEE ANNEXATION REFERENDUM
The election officials who conducted the referendum on March 29, 1969 on the question of annexing to the City of Dover certain lands located adjacent to the City of Dover, certified to the Council the results of the election as follows:
FOR ANNEXATION 66 Votes
AGAINST ANNEXATION 207 Votes
On motion of Mr. Hayes, seconded by Mr. Walls, Council accepted the results of the election, as certified by the Election Officials.
H. BAXTER McKEE REQUEST
A request was again received from Mr. H. Baxter McKee concerning the annexation of his land which is adjacent to and north of the present City Limits. He was at this time requesting annexation of only his land, and requested that Council, of they so favor, hold a referendum only on his land, not including all the land in the most recent election. Council then discussed the possibility of other lands adjacent to Mr. McKee that had not been previously considered, might desire to be included within the limits of Dover. On motion of Mr. Hastings, seconded by Mr. Hayes, Council deferred any action on Mr. McKee’s request until the next Council meeting.
LOUMAR ANNEXATION RESULTS
The election officials who conducted the referendum on April 12, 1969 on the question of annexing to the City of Dover certain lands located adjacent to the City of Dover, certified to the Council the results of the election as follows:
FOR ANNEXATION 3484 Votes
AGAINST ANNEXATION 3011 Votes
On motion of Mr. Holpp, seconded by Mr. Hastings, Council accepted the results of the election, as certified by the Election Officials.
ANNEXATION RESOLUTION
On motion of Mr. Hastings, seconded by Mr. Walls, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Hughes, adopted the following resolution.
A RESOLUTION APPROVING THE INCLUSION OF AN AREA ADJACENT TO THE CITY LIMITS OF DOVER ON THE SOUTH EAST AND WEST, ALONG U.S. ROUTE 13 WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, a recent Amendment to the Charter of the City of Dover authorized the Council to extend its boundaries of the said City after a special election of the qualified voter and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deemed it in the best interest of the City of Dover to include the area adjacent to the south, east and west of the City limits and bounded by U.S. Route 13, Silver Lake, Fork Branch, and others as hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held on the 12th day of April A.D., 1969 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, the aforementioned Amendment to the Charter of the City of Dover provides that if a majority of the votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council shall thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED:
1. That the following described area situate in East Dover Hundred, Kent County, Delaware and more particularly bounded and described herein shall be annexed to and included within the limits of the City of Dover:
ALL those lots, pieces or parcels of land being adjacent to the City of Dover, East Dover Hundred, Kent County, State of Delaware and being described as follows, to wit:
BEGINNING at the point of intersection of the northerly property line of Towne Point Motel and the easterly right of way line of U.S. Route 13; thence with the said easterly right of way line of U.S. Route 13 in a northerly direction to the southerly property line of the Delaware State Police property; thence in an easterly direction with the said southerly property line of the Delaware State Police to the easterly property line of the said Delaware State Police; thence in a northerly direction with the easterly property line of the Delaware State Police to the northerly property line of the Delaware State Police; thence with the said northerly property line of the said Delaware State Police in a westerly direction to the easterly right of way line of U.S. Route 13; thence with the said easterly right of way line of U.S. Route 13 in a northerly direction to the point of intersection of the northerly property line extended of land now or formerly of the Loumar Corporation; thence with the said northerly property line of the Loumar Corporation south 500 30' West 1150 feet to a placed monument, being a corner of these lands and lands now or formerly of Joseph P. Moore; thence with the said Moore lands South 280 30' East 304.30 feet to a trees at the end of a ditch; thence with the said ditch in a westerly direction to the center line of Fork Branch; thence with the said center line of Fork Branch in a southerly direction to the southerly right of way line of College Road and the head of Silver Lake; thence with the said southerly line of College Road in a westerly direction to the easterly right of way line of the Pennsylvania Railroad; thence with the said easterly right of way line of Pennsylvania Railroad in a southerly direction to the center line of McKee Run; thence with the center line of said McKee Run and with the existing boundary of the City of Dover to the high water mark of Silver Lake; thence with the said high water mark of Silver Lake in a northerly direction with the southerly right of way line of College Road; thence in a southerly direction with the high water mark of the easterly side of Silver Lake tot he northerly property line of the Blue Coat Inn; thence with the said northerly property line of the Blue Coat Inn in an easterly direction to the westerly right of way line of Silver Lake causeway or U.S. Route 13A; thence with the said westerly right of way line of U.S. Route 13A to the high water mark of the easterly side of Silver Lake; thence crossing U.S. Route 13A and in an easterly direction with the high water mark of the easterly side of Silver Lake to the southerly property line of Lake View Gardens; thence with the said southerly property line of Lake View Gardens and in part with the northerly property line of Towne Point Motel and crossing U.S. Route 13 home to the place of beginning, be the contents what they may.
2. That a certified copy of the Resolution of annexation together with a plot of the area annexed shall be forthwith filed for record with the Record of Deeds of Kent County.
3. That the above described area so annexed and included within the limits of the City of Dover shall for all purposes beginning with the effective date of this resolution be a part of the City of Dover.
4. That the effective date of this resolution shall be the 15th day of April, 1969 at 12:01 A.M. O’Clock.
Adopted April 14, 1969
TAX APPEALS COMMITTEE
The committee of Council appointed to hear tax assessment appeals report that five (5) property owners were present to appeal the assessment of their property. Chairman Hayes reported on behalf of this committee that their recommendation was that no changes be made in the assessments of the five properties.
A public hearing had been duly advertised for this time and place for the purpose of hearing any person or persons who has appeared before the Appeals Committee on April 7, 1969 an swished to appeal the decision of this Committee before Council. Mayor Carroll declared the hearing opened. The following appeals were heard:
Mr. George Records, Secretary of Dover Associates, Inc., owners of the Priscilla Block Building, was present to appeal the decision of the Committee in regard to lowering the assessment on this property. It is presently assessed for $134,200. Mr. Records stated that he was not critical of the firm of Cleminshaw, Inc., who originally set the assessment on this property, but he felt that due to circumstances revolving around the sale of this property in September 1967, the assessment should be lowered. He stated that this property was placed on the market in September, 1966 for $250,000 and was unsold until purchased by Dover Associates, Inc. in September, 1967 for the price of $160,000. He was basing his facts on the fact that other properties that were sold in this area about the same time also were sold for much below the assessed value, and the property known as the Ehrlich Building on Loockerman Street was lowered in 1968 by a court order, this again reflecting that the value of the properties located on Loockerman Street have tended to go down in value.
Mr. Richard Barros, Vice-President of Bee Zee Corp., owners of the property located at 222-224 West Loockerman Street, was present to appeal the decision of the Committee in regard to this property. This property is presently assessed for $25,000. Mr. Barros stated that the Bee Zee Corp. purchased the property in November, 1967 for a price of $23,500, after it had been listed on the market for a period of approximately one and one-half years for $40,000. Mr. Barros was asking Council to lower the assessment due to the fact that he felt the condition of the building and inability to obtain tenants to rent have caused the value of the property to decrease since the date they purchased this property.
No one else being present at this time to appeal the decisions of the Appeal Committee, Mayor Carroll then 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 Appeals Committee as follows:
Bee Zee Corp., 222-224 West Loockerman Street, no change in assessment, $25,000.
Dover Associates, Inc., Priscilla Block Building, no change in assessment, $134,200.
Emanuels Ladies Store, Loockerman Street, no change in assessment, $126,500.
Emanuels Mens Store, Loockerman Street & Governors Avenue, no change in assessment, $13,900.
Lester G. Monismith, 57 Upland Avenue, no change in assessment, $9,600.
TAX RATE
On motion of Mr. Hayes, seconded by Mr. Biggs, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Hughes, set the tax rate for the year of 1969 at 90¢ per $100 of assessed valuation.
MOERSCHEL LETTER
A letter was received from W. Neal Moerschel, State Representative, expressing concern over the procedure in election of Councilman in the City of Dover. Presently, Council-matic elections are conducted on an at-large basis. He feels there is considerable interest to change this procedure whereby candidates from a district would be voted on by only eligible voters in that district. He would, at the convience of Council, like to discuss this with them. On motion of Mr. Jackson, Council extended an invitation to Mr. Moerschel to attend the next meeting of Council and he would have the opportunity to address Council at this time.
Council adjourned at 9:50 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of April 14, 1969 are hereby approved.
April 15, 1969 Crawford J. Carroll Mayor