REGULAR MEETING
The regular meeting of City Council was held on Monday, March 24, 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. Ed Wilkins of Wesley College.
MINUTES
The minutes of the regular Council meeting of March 10, 1969 were accepted and bore the written approval of Mayor Carroll.
ANNEXATION REFERENDUMS
Election Officials who conducted the referendum elections held on March 15, 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:
The area bounded by Wyoming Avenue-South State Street-Puncheon Run-South Governors Avenue
FOR ANNEXATION 785 Votes
AGAINST ANNEXATION 1222 Votes
The area bounded by Wyoming Avenue-South Bradford Street-Puncheon Run-South Governors Avenue
FOR ANNEXATION 347 Votes
AGAINST ANNEXATION 578 Votes
On motion of Mr. Hastings, seconded by Mr. Hayes, Council accepted the report of the election officials as presented, thereby defeating the annexation request.
DR. SCHAEFFER LETTER
A letter was received from Dr. Peter Schaeffer in answer to a letter sent him by Mayor Carroll on March 21, 1969. Mayor Carroll’s letter stemmed from statements made by Dr. Schaeffer in the local press as to his dissatisfaction with the outcome of the referendum and the policy of the City of Dover in not extending utility lines beyond the Corporate Limits. A review of the election results was given by Mr. William James, Tax Assessor and it was determined that Dr. Schaeffer had not voted in favor of the most recent referendum, even though he had previously pledged his support to any referendum that would be held in that area, at any future time.
TAX APPEALS COMMITTEE AND DATES
On motion of Mr. Hastings, seconded by Mr. Walls, Council set the dates for the tax appeals hearings as follows: April 7, 1969 from 1:00 P.M. to 4L00 P.M. and at the regularly scheduled Council meeting of April 14, 1969 commencing at 8:00 P.M.
On motion of Mr. Hastings, seconded by Mr. Walls, Council confirmed the recommendation of Mayor Carroll in naming Councilmen Hayes, Biggs and Hughes as the Tax Appeals Committee for the year of 1969.
LEGISLATIVE & FINANCE, WAGES & HOURS COMMITTEE
A written report of the Legislative & Finance, Wages & Hours Committee meeting held on Monday, March 17, 1969 was presented by Chairman Hayes. On motion of Mr. Walls, Council accepted the report as presented.
DOVER DOWNS ASSESSMENT
As reported at the last Council meeting, the pumping station and force main to the Dover Downs area has been completed, and the Utility Committee has recommended as assessment of the cost to the Dover Downs, Inc. On motion of Mr. Hayes, seconded by Mr. Hastings, Council adopted the following ordinance and set a public hearing on assessing the cost to Dover Downs, Inc.
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF INSTALLATION OF A SEWER PUMPING STATION 600 FEET EAST OF U.S. ROUTE 13 ADJACENT TOT HE PROPERTY OF DOVER DOWNS, INC.
WHEREAS, The Council is authorized to install sewer pumping stations in the City and, by ordinance, to provide for the levy and collection of assessments against property owners whose land receives special benefits from the said installation, and
WHEREAS, the Council has caused to be installed a sewer pumping station 600 feet east of U.S. Route 13 adjacent to the property of Dover Downs, Inc., and the total project cost for the installation was $74,422.82, 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 receives special benefits from the said installation to cover the cost thereof.
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 Dover Downs, Inc. whose property adjoins the installation of the said sewer pumping station and whose property receives special benefits from the said installation, at the rate of 25% of the net project cost in the amount of $44,653.70 for an assessment against the said Dover Downs, Inc. in the amount of $11,163.42.
2. This assessment shall be a lien against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. The assessment shall be paid within a five-year period from the date of enactment of the assessment and levy including interest which shall be at the rate of 4% per annum on the unpaid balance of each assessment. The assessment plus accrued interest to the date of payment may be paid in full at any time during the five-year period. If the assessment is paid in full within one year from the date of enactment of the assessment and levy then all interest charges shall be waived and only the original amount of the assessment shall be paid.
4. A public hearing on said assessment and levy shall be held on April 28, 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 March 24, 1969
JEFFERIC ENTERPRISES, INC. REZONING
A request has been received from Jefferic Enterprises, Inc. requesting that the land they own which is east of U.S. Route 13 and adjacent to the Dover Downs Racetrack be rezoned from R-20 to C-4. A public hearing is required prior to amending the Zoning Map and Zoning Ordinance. On motion of Mr. Hayes, seconded by Mr. Walls, 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 land located east of U.S. Route 13 and north of the Dover Downs, Inc. 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 at 8:15 P.M. on April 28, 1969 on a proposed amendment to the zoning ordinance of the City of Dover which would rezone from R-20 to C-4 that land owned by Jefferic Enterprises, Inc. located east of U.S. Route 13 and north of Dover Downs, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted March 24, 1969
WILMINGTON SAVINGS FUND SOCIETY
A letter received from Wilmington Savings Fund Society stated that they at this time would like to reconsider on the original offer made by the City of Dover, whereby they would exchange the property they now own located at 107 South State Street for Budd Street. The area which is now Budd Street would be used for a parking facility for their new building, thereby the utilities that are now located in Budd Street would not have to be moved, and the WSFS would grant the City an easement to maintain them in this location. Prior to the exchange for Budd Street a public hearing must be held for the abandonment of Budd Street. On motion of Mr. Hastings, seconded by Mr. Hayes, Council by a vote of 7 ‘yes’ and 1 ‘not voting’, Mr. Hughes, Council adopted the following resolution.
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF BUDD STREET IN THE CITY OF DOVER
1. The Council of the City of Dover in considering the vacating and abandonment of Budd Street which runs east and west and is located between South State Street and Kings Highway, one block north of Loockerman Street.
2. The Council of the City of Dover will sit on Monday, April 28, 1969 at 8:30 P.M. at the City Hall to hear the objections of such residents of the City of owners of the property affected who shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158; Volume 36, Laws of Delaware.)
3. The Clerk of Council is hereby directed to post copies of this resolution in five or more places in the City of Dover and to publish the same in a newspaper published in the said City.
Adopted March 24, 1969
ILC INDUSTRIES, INC. REQUEST
A letter was received from ILC Industries in reference to the recent appraisal on the property they wished to purchase from the City of Dover. The entire piece, which they originally attempted to purchase containings approximately .55 acres, was appraised at $13,200. The piece which Council agreed to sell them, containings approximately .25 acres. Now they would like to purchase the entire original offer of .55 acres for the appraised price of $13,200, or they will pick up the additional .30 acres for an additional $4,000. After much discussion by Council, their feeling being the land is more valuable tot he City at this time, Mr. Hastings made a motion, seconded by Mr. Holpp, that the latest offer of ILC Industries be rejected and they so notified by letter as to the City’s position concerning this piece of land. Council approved the motion by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Jackson.
WORKABLE PROGRAM
A letter was received from the Federal Government, Division of Housing and Urban Development, in connection with the City of Dover Workable Program. They stated that the only revision that is necessary is the Revision of the Plumbing Code, this being done by adopting the American Standard National Plumbing Code (1955 Edition). On motion of Mr. Hughes, seconded by Mr. Hayes, Council read the ordinance for the revisions of the Plumbing Code and then referred it to the Building, Housing and Plumbing Code Committee for the study and review prior to its second reading and adoption. A copy of the ordinance read to Council is attached to these minutes.
AMBULANCE GRANT
City Manager Neylan notified Council that an answer had been received in reference to an application filed by the City of Dover with the Federal Transportation Department, Division of Highway Safety, which granted the City of Dover a sum of $16,973.50 for the period of March 1, 1969 through February 28, 1970. This is the first of a two part grant, the second being the period covering March 1, 1970 through February 28, 1971.
Chief of Police Spence then addressed Council on some of the needs and requirements of an ambulance service. He stated he had contacted a firm in Maryland that deals in the sale of ambulances and they have a new ambulance they have been using as a demonstrated that is for sale for $7200. This is an ambulance mounted on a one-half-ton Chevrolet chassis. Council then suggested that the Chief of Police and the City Manager get together and work out the details on the purchase of equipment in conjunction with the upcoming budget.
RECREATION PROGRAM GRANT
City Manager Neylan stated that the City of Dover have been granted a sum of $15,919.20 from the State of Delaware Recreation Assistance Fund, which will entitle the City to expand out present Recreational program for the summer of 1969. An additional application will soon be made for the recreational programs covering the period of October 1, 1969 through September 30, 1970.
BEE ZEE CORP. REZONING
A request had been received from the Bee Zee Corporation to rezone from C-2 to C-2A the property the own located at 222-224 West Loockerman Street. A public hearing is required prior to amending the Zoning Map and Zoning Ordinance. On motion of Mr. Hayes, seconded by Mr. Jackson, 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 SIAD HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, a certain land located at 222-224 West Loockerman Street is presently zoned for C-2 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 at 8:45 P.M. on April 28, 1969 on a proposed amendment to the zoning ordinance of the City of Dover which would rezone from C-2 to C-2A that land owned by Bee Zee Corporation.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted March 24, 1969
PARKING ORDINANCE - THE GREEN
On motion of Mr. Biggs, seconded by Mr. Holpp, Council by unanimous vote adopted the following ordinance.
AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES IN TWO SPACES IN FRONT OF THE DOVER CENTURY CLUB ON THE GREEN DURING CERTAIN HOURS.
WHEREAS, Council considers it to be in the interest of public safety to restrict the parking of vehicles in front of the Dover Century Club during the days when said Club is meeting, for the safety and convenience of members and drivers using the Green;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. Two parking spaces on The Green in front of the Dover Century Club shall be designated and marked so as to prohibit the parking of vehicles on each Wednesday between the hours of 12:00 Noon and 6:00 P.M.
2. It shall be unlawful to park vehicles is said spaces at said time after the erection of signs giving the proper notice.
Adopted March 24, 1969
WEDGEWOOD ORDINANCES
On motion of Mr. Walls, seconded by Mr. Holpp, Council by unanimous vote adopted the following ordinance.
AN ORDINANCE AUTHORIZING THE PLACING OF STOP SIGNS AND NO PARKING SIGNS AND SPEED LIMITS SIGNS IN A DEVELOPMENT KNOWN AS WEDGEWOOD.
WHEREAS, Council has determined that it is in the best interest for the safety, health and welfare of the public to restrict the parking of vehicles, restrain the speed of vehicles; and control traffic in the development of Wedgewood.
NOW, THEREFORE, BE IR ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. The following stop signs requiring all vehicles to stop in obedience thereto shall be erected:
a. For the southbound traffic on Turner Drive at its intersection with Webbs Lane.
b. For the southbound traffic on Haman Drive at its intersection with the southerly end of Turner Drive.
c. For the northbound traffic of Turner Drive at its intersection with Webbs Lane.
d. For the southbound traffic of Haman Drive at is intersection with the northerly end of Turner Drive.
2. Vehicles shall be prohibited from parking in designated spaces in Wedgewood between the hours of 12:00 Midnight and 6:00 P.M. as designated by the erection of appropriate signs.
3. The speed of vehicles in Wedgewood shall be restricted to 25 miles per hour and appropriate signs shall be erected giving notice of said speed limit.
4. Once said signs are erected, it shall be unlawful to exceed the speed limit; park; or fail to stop in obedience to said signs.
Adopted March 24, 1969
WOODCREST PARKING
A request had been made by Council for the City Solicitor to draw up an ordinance that would permit a two hour parking restriction on the streets of the Woodcrest development between the hours of 9:00 A.M. and 3:00 P.M., Monday through Friday. A complaint had been received from the area about students driving to Dover High School and parking in Woodcrest instead of using the High School parking facilities. The ordinance was read at this time to Council for their consideration. A petition signed by some 46 residents of the Woodcrest development was at this time presented to Council stating their objections to this ordinance, as they felt that this was not the solution to the problem, that which would be solved by the School Administration. Several residents of the area were present and also spoke of their objections to such an ordinance. On motion of Mr. Holpp, seconded by Mr. Hayes, Council tabled the adoption or rejection of this ordinance at this time.
BUSINESS LICENSE AMENDMENT
On motion of Mr. Jackson, seconded by Mr. Biggs, Council by unanimous vote adopted the following ordinance to amend the Business License Ordinance pertaining to the charges of licenses for barbers, beauticians & manicurists, as recommended by the Legislative & Finance, Wages & Hours Committee.
AN ORDINANCE TO AMEND CHAPTER 18, ARTICLES II, SECTION 34, OF THE CODE OF THE CITY OF DOVER, DELAWARE, BY CHANGING THE LICENSE FEED DUE FROM BARBERS, BEAUTICIANS AND MANICURISTS.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The term “Barber” as used in Article II S18-34 shall be amended to read as follows:
Barber
Proprietor, owner or principal operator $12.00
Each additional licensed barber in shop 5.00
2. The term “Beautician” as used in Article II S18-34 shall be amended to read as follows:
Beautician
Proprietor, owner or principal operator $12.00
Each additional licensed beautician in shop 5.00
3. The term “Manicurist” as used in Article II, S18-34 shall be amended to read as follows:
Manicurist
Proprietor, owner or principal operator $12.00
Each additional licensed manicurist in shop 5.00
Adopted March 24, 1969
Council adjourned at 9:05 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of March 24, 1969 are hereby approved.
March 25, 1969 Crawford J. Carroll Mayor