REGULAR MEETING
The regular meeting of City Council was held on Monday February 10, 1969 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Hastings, Hayes, Holpp, Hughes, Jackson, Legates and Walls. This meeting is the annual organizational meeting of the City of Dover as provided by the City Charter.
The invocation was said by the Reverend William Hemphill of the Wesley Methodist Church.
The Honorable William J. Storey, Resident Associate Judge of the Superior Court administered the oath of office the following Councilmen, elected for two year terms:
FIRST DISTRICT Alfred S. Biggs
SECOND DISTRICT Charles A. Legates, Jr.
THIRD DISTRICT Carleton Walls
FOURTH DISTRICT Victor E. Holpp
Mayor Carroll delivered his State of The City Message expressing his appreciation for the progress the City has made in the past year and at the same time outlined some plans that he hopes to see accomplished in the year to come. He thanked the Council, The Planning Commission, and all City departments and employees for past accomplishments and asked their continued efforts for the year to come.
Following the address a short recess was held and Council reconvened at 8:20 P.M.
ELECTION OF OFFICERS
On motion of Mr. Biggs, seconded by Mr. Holpp, Councilman Hayes was elected Vice-Mayor.
On motion of Mr. Holpp, seconded by Mr. Walls, Mr. Jay Dougherty was reelected City Clerk and Treasurer.
On motion of Mr. Hayes, seconded by Mr. Jackson, Mr. William T. James was reelected Acting City Alderman.
On motion of Mr. Holpp, seconded by Mr. Biggs, Mr. Nicholas H. Rodriguez was reelected City Solicitor.
MINUTES
The minutes of the regular meeting held on January 27, 1969 were accepted and bore the written approval of Mayor Carroll.
HARRIS RESOLUTION
Mayor Carroll presented to Mr. Douglas L. Harris a plague commemorating his service as a Councilmen of the City of Dover, and on motion of Mr. Walls, seconded by Mr. Hayes, Council by unanimous vote adopted the following resolution.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
WHEREAS, Douglas L. Harris served as a member of Council of the City of Dover from February 11, 1963 to February 10, 1969; and
WHEREAS, Councilman Harris has chosen not to seek re-election for his Council seat; and
WHEREAS, Councilman Harris has been an outstanding member of Council for the past six years in that he has shown great interest in all of the matters coming before Council; and he has attacked all of the problems of the City with vigor and intelligence; and his decisions have shown thought and wisdom;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover, on their own behalf of all citizens of the City wish ti express their appreciation to Douglas L. Harris for his contribution to Council and the City herein recited over the past six years as a member of Council; and
BE IT FURTHER RESOLVED, that the Clerk of Council shall make this Resolution part of the Record of this City as a reminder of admiration and respect for Councilman Douglas L. Harris.
Adopted February 10, 1969
COMMITTEE APPOINTMENTS:
By unanimous vote of Council, the following Committee Appointments were approved as recommended by Mayor Carroll:
BUILDING, HOUSING, AND PLUMBING CODE COMMITTEE: Councilman Hughes, Chairman, and Councilman Biggs and Hayes.
SAFETY ADVISORY COMMITTEE: Councilman Hastings, Chairman, and Councilmen Jackson and Legates.
PARKS, PLAYGROUNDS AND TREES COMMITTEE: Councilman Hastings, Chairman and Councilmen Jackson and Legates, Mr. James C. Hardcastle and Mrs. John McClearnan.
LEGISLATIVE & FINANCE, WAGES & HOURS COMMITTEE: Councilman Hayes, Chairman, and Councilmen Biggs and Hughes.
UTILITY COMMITTEE: Councilman Holpp, Chairman, Mayor Carroll, and Councilmen Biggs and Walls.
REPORTS
The Chief of Police report for the month of January was accepted.
The Building Inspector and Fire Marshal annual report for 1968 was accepted.
The Building Inspector and Fire Marshal report for the month of January was accepted.
The Alderman report for the month of January was accepted. Fines in the amount of $467.60 were remitted to the City of Dover.
The J. P. Court #7 report for the month of January was accepted. A check in the amount of $3,284.50 was remitted to the City of Dover.
Cash Receipts, General Fund, for the month of January was accepted.
Budget Report, General Fund, for the month of December was accepted.
Cash Receipts, Electric Revenue Fund, for the month of January was accepted.
Cash Receipts, Electric Improvement Fund, for the month of January was accepted.
City Manager Report for the month of January was accepted.
SAFETY ADVISORY COMMITTEE
A written report for the Safety Advisory Committee meeting held on February 3, 1969 was presented by Chairman Hastings. On motion of Mr. Holpp, Council accepted the report as presented.
WARRINGTON LETTER
A letter was received from Mr. Walter Warrington in reference to a complaint concerning trucks turning off Loockerman Street into the alley beside his building, striking this building and causing damage to same. The Safety Advisory Committee discussed this letter and felt that by prohibiting trucks from turning into this alley would cause a hardship on the merchants in the area as this alley is used for commercial deliveries to many stores in the area. On motion of Mr. Hastings, seconded by Mr. Walls, Council directed the Chief of Police to communicate with Mr. Warrington, expressing the feeling of Council that this alley was a necessity to the merchants of the area, and any damage done to his building should be taken up with the people and/or trucks that inflict this damage.
EAST LOOCKERMAN STREET DITCH
A complaint was received by the Safety Advisory Committee concerning the ditch that runs along East Loockerman Street between Bayard Avenue and the St. Jones River, requesting that this ditch be covered to avoid any accidents in that area. This portion of this street is under the jurisdiction of the State Highway Department. Some time ago the City worked up an estimate as to the piping of this ditch, which amounted to approximately $5,000. On motion of Mr. Holpp, seconded by Mr. Hayes, Council directed that the State Highway Department be contacted to determine if they have any plans in the near future of solving this problem created by this open ditch mentioned above.
PARKS, PLAYGROUND & TREES COMMITTEE
A written report of the Parks, Playgrounds & Trees Committee meeting held on February 3, 1969 was presented by Chairman Hastings. On motion of Mr. Walls, Council accepted the report of this committee as presented.
TARBURTON LAND REDEVELOPMENT
City Manager Neylan has been in contact with Mr. Ted Mercer, landscape architect, on a proposed plan to develop the 26 acre tract of land the City recently purchased from Mr. Leon Tarburton. Mr. Mercer has submitted a price for the architectural plans and development of this area. He would expect to complete the initial phase of the plans by March 1st, and the final drawings will be available by April 1st. On motion of Mr. Jackson, seconded by Mr. Biggs, Council authorized the City Manager to spend up to $1500 for the development of a plan for the Tarburton Land.
NIMITZ ROAD RENAMING
A request had been received by Council on January 13, 1969 to rename a portion of Nimitz Drive to Nimitz Road in Section 2(a), 2(c) and 3 in Towne Point North. The request had been forwarded to the Planning Commission for their recommendation. They have recommended that the request be granted. On motion of Mr. Hastings, seconded by Mr. Hayes, Council by unanimous vote granted the request of the builder to rename Nimitz Drive to Nimitz Road in the section s of Towne Point North as described above.
ILC TRAILERS
A request was received from Hanby’s Auto Sales, 1117-1119 South DuPont Highway for permission to place a trailer-office on their property for a 90 day period during the reconstruction and repair to their office that was destroyed by fire on February 6, 1969. On motion of Mr. Jackson, seconded by Mr. Hayes, Council granted this request to expire in 90 days.
CLARENCE BURRIS TRAILER
A letter was received from Mr. Clarence Burris, Mason Contractor, requesting permission to place a construction trailer on a piece of land he owns on the South DuPont Highway adjacent to St. Jones River. Mr. Roe, Building Inspector, stated that a Construction Trailer is permissible, providing the trailer is put of the site of the construction, which is not the case here. On motion of Mr. Holpp, seconded by Mr. Hayes, Council denied this request for the placement of this construction trailer.
COLLINS PARK ASSOCIATION
A letter was received from the newly formed Collins Park Association along with a petition against the opening of a Day Care Center in the area of the Capitol Green development. The petitioners feel that the opening of this Day Care Center in the Collins Park-Capitol Green area will have an effect on the depreciation of their homes. Mr. Roe, Building Inspector, that stated to the Council that he had been in contact with the Community Action Agency on the inspection of the piece of property involved and upon their meeting all the changes and requirements he suggested, they were given permission to use this house in question. The area is zoned for RG-1, which is a conforming use for nurserys or day care centers. On motion of Mr. Holpp, seconded by Mr. Hastings, Council by a vote of 7 ‘yes’ and 1 ‘not voting’, Mr. Jackson, upheld the Building Inspector’s approval that has been granted to the Community Action Agency and at the same time acknowledged receipt of the petition of the Collins Park Association.
SOUTH DOVER ANNEXATION
A letter received from Dr. Peter Schaeffer expressing his disappointment at the results of the recent annexation referendum that would have incorporated his lands into the City of Dover had it been successful. He at this time asked permission of Council to tie into the City water and sewer lines in the area of his property on South Governors Avenue. In exchange for this he would contractually bind himself in favor of any future annexation referendum held in this area. After much discussion by Council, it was decided to hold another annexation is this area, in lieu of extending City utilities beyond the City limits. On motion of Mr. Holpp, seconded by Mr. Jackson, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Hayes, 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 of Dover deem it in the best interest of the City of Dover to include an area located east of South Governors Avenue, south of Wyoming Avenue and west of South State Street and adjacent to the present City limits and hereinafter more particularly described within the limits of the City of Dover.
NOW, THEREFORE BE IT RESOLVED BY 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 bounded and described herein be annexed to the City of Dover:
a. ALL those lots, pieces or parcels of land lying and being adjacent to the boundaries of the City of Dover and lying in East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows, to wit:
b. BEGINNING at the point of intersection of the westerly right of way line of South Governors Avenue and the northerly right of way line of Wyoming Avenue; thence in an easterly direction with the northerly right of way line of Wyoming Avenue to the easterly right of way line of South State Street; thence in a southerly direction with the easterly right of way line of South State Street to the northerly right of way line of U.S. Route 13, known as the Dover By Pass; thence in a southwesterly direction with the northerly right of way line of the Dover By Pass to the center of Puncheon Run; thence in a northwesterly direction with the center of Puncheon Run to the westerly right of way line of South Governors Avenue; thence with the westerly right of way line of South Governors Avenue in a northerly direction home to the place of beginning, be the contents what they may.
2. That an election be held on the 15th day of March 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 February 10, 1969
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 of Dover deem it in the best interest of the City of Dover to include an area located east of South Governors Avenue, south of Wyoming Avenue and west of South Bradford Street and South Bradford Extended and adjacent to the present City limits and hereinafter more particularly described within the limits of the City of Dover.
NOW, THEREFORE BE 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 bounded and described herein be annexed to the City of Dover:
a. ALL those lots, pieces and parcels of land lying adjacent to the City of Dover, East Dover Hundred, Kent County, and State of Delaware, and being more particularly described as follows, to wit:
b. BEGINNING at the point of intersection of the westerly right of way line of South Governors Avenue and the northerly right of way line of Wyoming Avenue; thence with the said northerly right of way line of Wyoming Avenue and in an easterly direction to the westerly right of way line of South Bradford Street; thence with the said westerly right of way line of South Bradford Street and South Bradford Street Extended in a southerly direction to the westerly right of way line of U.S. Route 13; thence with the said westerly right of way line of U.S. Route 13 in a southwesterly direction to the center line of Puncheon Run Branch; thence in a westerly direction with the said center line of Puncheon Run Branch to the westerly right of way line of South Governors Avenue in a northerly direction home to the place of beginning and being and intended to be only the lots, pieces and parcels of land included in this description fronting on South Governors and/or Wyoming Avenue.
2. That an election be held on the 15th day of March 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 February 10, 1969
DELAWARE AVENUE AND KENT AVENUE
A request has been received for Council to consider the discontinuance of No Parking on Delaware Avenue between Pennsylvania and Kent Avenues and the discontinuance of One-Way traffic on Kent Avenue. On motion of Mr. Jackson, seconded by Mr. Hayes, Council by unanimous vote adopted the following Ordinance.
AN ORDINANCE REPEALING ORDINANCES PROHIBITING PARKING ON DELAWARE AVENUE AND MAKING KENT AVENUE A ONE-WAY STREET.
WHEREAS, parking of vehicles on the north side of Delaware Avenue between Pennsylvania Avenue and Kent Avenue is prohibited by Ordinance; and
WHEREAS, Kent Avenue near the Middle School is a one-way street for traffic from 8:00 A.M. to 5:00 P.M. Daily as set by Ordinance; and
WHEREAS, it is no longer necessary to the safety of traffic to have either Ordinance in effect any longer in the future.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That both of said ordinances prohibiting parking on the north side of Delaware Avenue between Kent Avenue and Pennsylvania Avenue making Kent Avenue a one-way street are hereby repealed.
Adopted February 10, 1969
Council adjourned at 10:40 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of February 10, 1969 are hereby approved.
February 11, 1969 Crawford J. Carroll Mayor