REGULAR MEETING
The regular meeting of City Council was held on Monday, March 10, 1969 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Hastings, Hayes, Holpp, Hughes, Jackson, Legates and Walls.
MINUTES
The minutes of the regular meeting of Council held on February 24, 1969 were accepted and bore the written approval of Mayor Carroll. A question was then raised by Councilmen Jackson concerning the approval of Council to exercise the option on the purchase of the Henry Heubner Estate. Mr. Jackson stated he did not recall this motion being made. Mr. Hastings, and Mr. Hayes, who made and seconded the motion respectfully, so stated that this motion was in order. Mayor Carroll then asked for a revote, for the benefit of Mr. Jackson, who at this time voted “NO” to the exercising of the option. All other Councilmen voted yes.
REPORTS
The Chief of Police Report for the month of February was accepted.
The Building Inspector and Fire Marshal report for the month of February was accepted.
The Alderman report for the month of February was accepted. Fines in the amount of $380.70 were remitted to the City of Dover.
The J. P. Court #7 report for the month of February was accepted. Fines in the amount of $3,490.00 were remitted to the City of Dover.
Report of Cash Receipts, General Fund, for the month of February was accepted.
Budget Report, General Fund, for the month of January was accepted.
Cash Receipts, Electric Revenue Fund, for the month of February was accepted.
Cash Receipts, Electric Improvement Fund, for the month of February was accepted.
City Manager report for the month of February was accepted.
PARKS, PLAYGROUNDS & TREES COMMITTEE
Chairman Hastings presented a written report of the Parks, Playgrounds & Trees Committee meeting held on March 3, 1969. On motion of Mr. Walls, Council accepted the report as presented.
UTILITY COMMITTEE
A written report of the Utility Committee held on March 3, 1969 was presented to Council by Chairman Holpp. On motion of Mr. Hastings, Council accepted the report as presented.
DOVER DOWNS PUMPING STATION
The pumping station and force main has been constructed to serve Dover Downs and adjoining area and the final cost are $74,422.82. The Utility Committee recommends that the assessment of cost to Dover Downs be 10% of the total cost. A public hearing to be held prior to the levying of the assessment to Dover Downs. On motion of Mr. Hastings, seconded by Mr. Hayes, Council tabled any action on this request until such time as the City Manager is present and explain the method of arriving at the 10% charge to Dover Downs.
STATE POLICE STATION
Sewer lines are being extended north from the Dover Downs pumping station to serve the area along U.S. Route 13 to the City limits. The Delaware State Police are planning construction of additional facilities and requested the City sewer lines to be extended to the area. The Utility Committee recommends that approval of extension of sewer be granted on condition that the State of Delaware bear half the cost of construction. An addition to the present contract for installation of the sewer lines on this area could be formulated. On motion of Mr. Hastings, Council authorized the extension of the above mentioned sewer line.
McKEE ROAD WATER AND SEWER LINES
The construction of water and sewer lines on McKee Road from College Road tot eh area of the National Cup plant have been completed. The Utility Committee recommends that a public hearing be set prior to assessing the cost of the lines. On motion of Mr. Holpp, seconded by Mr. Hastings, Council by a unanimous vote adopted the following ordinance.
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF INSTALLATION OF WATER AND SEWER MAINS ON THE EAST SIDE OF McKEE ROAD BETWEEN THE POINT OF TERMINATION OF THE PREVIOUSLY EXISTING WATER AND SEWER MAINS IN THE AREA OF THE NATIONAL CUP PLANT AND COLLEGE ROAD.
WHEREAS, The Council is authorized to install water and sewer mains in the City and, by ordinance, to provide for the levy and collection of assessments against property owners whose land adjoins said installations, and
WHEREAS, The Council has caused to be installed water and sewer mains on the east side of McKee Road between the point of termination of the previously existing water and sewer main in the area of National Cup plant and College Road, and
WHEREAS, this Ordinance is enacted pursuant tot eh 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.
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 installations of said water and sewer mains at the rate of $3.00 per front foot adjoining the said water main and $3.00 per front foot adjoining the sewer main.
2. These assessments shall be liens against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. The assessments shall be paid within a five-year period from the date of enactment of the assessments 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 water and 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 April 14, 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 publication in the Delaware State News once a week for each of the two weeks preceeding the date of the hearing.
Adopted March 10, 1969
ENGINEERING CONTRACT - ALBRIGHT & FRIEL, INC.
In connection with action taken by Council at its meeting of February 24, 1969, the Utility Committee discussed the engaging of an engineering firm to do the engineering studies necessary for the construction of a new sewage facility. Mr. Robert Nesson, of the firm of Albright & Friel, Inc., was present and discussed the cost of required engineering, the scope of the work to be performed, and a time schedule. Mr. Nesson also discussed the terms of the contract and the services that will be provided by this contract. Included in this contract is an Arbitration Clause, which was taken exception to by Council. On motion of Mr. Holpp, seconded by Mr. Hastings, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Jackson, authorized the City of Dover to enter into such a contract with the Engineering Firm of Albright & Friel, Inc., pending review of this contract by the City Solicitor and the City Manager and their approval, and the deletion of the entire section containing the Arbitration Clause this section being Section Number 6.4, to be deleted in its entirety.
DOVER DOWNS REZONING
A request has been received from Dover Downs, Inc. and Jefferic Enterprises, Inc. asking for the rezoning of the property they own which is located east of U.S. Route 13 and north of the Liepsic Road, now presently zoned for R-20 use. The request was for rezoning to C-4 use. On motion of Mr. Hayes, seconded by Mr. Hastings, Council directed that this request be referred to the Planning Commission and no public hearing be set at this time.
ROBERT ZURKOW LETTER
A letter was received from Dr. Robert Zurkow, expressing his concern as a citizen and taxpayer of the City of Dover over the City decision to not join with the County in a County-wide sewer system. He requested that the City reconsider their position. On motion of Mr. Hayes, Council acknowledged receipt of this letter.
ILC INDUSTRIES PROPERTY SALE
A report was received from the three independent appraisers engaged to appraise the parcel of land that ILC Industries has requested to purchase from the City of Dover, adjacent to the City Warehouse. The price that has been agreed upon by the three appraisers is $9,200. The cost of moving and relocating the present utilities and warehouse supplies on this land will be borne by ILC Industries upon completion of the sale of this property. On motion of Mr. Hastings, seconded by Mr. Holpp, Council authorized the sale of the approximate 1/4 acre of land to ILC Industries for $9,200 plus the cost of moving and relocation of utilities, warehouse supplies, etc. as previously mentioned.
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee meeting held on March 3, 1969 was presented by Chairman Hastings. On motion of Mr. Walls, Council accepted the report as presented.
VEHICLE AND TRAFFIC ORDINANCES
On motion of Mr. Holpp, seconded by Mr. Jackson, Council by a unanimous vote requested that an ordinance be drawn to prohibit parking of vehicles in two spaces in front of the Dover Century Club on Wednesday between the hours of 12 Noon and 6:00 P.M.
On motion of Mr. Walls, seconded by Mr. Hastings, Council by unanimous vote directed that an ordinance be drawn authorizing the placing of stop signs, no parking signs and the setting of speed limits in the development known as Wedgewood.
On motion of Mr. Hayes, seconded by Mr. Holpp, Council by unanimous vote directed that an ordinance be drawn that would prohibit parking of vehicles in the Woodcrest Development during certain hours. This ordinance would set a two hour parking limit between the hours of 9:00 A.M. and 3:00 P.M. Monday through Friday in this development.
LOUMAR ANNEXATION REQUEST
A request has been received fro Loumar, Inc. located on the west side of North DuPont Highway asking Council to consider the annexation to the City Limits of their property. There are other lands located between Loumar and the City limits which would be included in such an annexation referendum. On motion of Mr. Hayes, seconded by Mr. Legates, Council by a vote of 8 ‘Yes’ and no descending vote adopted the following resolution.
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN SAID AREA.
WHEREAS, a recent Amendment to the Charter of the City of Dover authorized the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City deem it in the best interest of the City of Dover to include an area located north of the City limits and west of U.S. Route 13 and more particularly described hereinafter within the limits of the City of Dover.
NOW, THEREFORE, BY IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That the following described area situated in East Dover Hundred, Kent County, Delaware more particularly described and bounded herein be annexed to the City of Dover.
a. ALL those lots, pieces or parcels of land being adjacent to the City of Dover, East Dover Hundred and State of Delaware and being more particularly described as follows, to wit:
b. 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 an election be held on the 12th day of April A.D., 1969 commencing at the hour of 1:00 P.M. at City Hall on the Plaza in the City of Dover, Delaware, for the purpose of submitting the question of annexation of the above area to the persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this Resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the date of said election.
Adopted March 10, 1969
BUSINESS LICENSE REVIEW
Discussion was brought before Council concerning the fees charged for the City of Dover Business License. There has been expressions that the fees are not adequate throughout and a study should be made prior to the new licensing year which begins June 1, 1969. Mayor Carroll then recommended that this problem be studied by the Legislative & Finance, Wages & Hours Committee to see if they would recommend any changes at this time.
Council adjourned at 10:15 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of March 10, 1969 are hereby approved.
March 11, 1969 Crawford J. Carroll Mayor