REGULAR MEETING
The regular meeting of City Council was held on Monday, January 13, 1969 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Hastings, Hayes, Holpp, Hughes, Jackson and Walls. Councilman Harris was absent.
MINUTES
The minutes of the regular Council meeting held on December 23, 1968 were accepted and bore the written approval of Mayor Carroll.
REPORTS
The Chief of Police report for the month of December was accepted.
The Building Inspector & Fire Marshal report for the month of December was accepted.
The Alderman report for the month of December was accepted. Fines in the amount of $374.40 were remitted to the City of Dover.
The J. P. Court #7 report for the month of December was accepted. A check in the amount of $3,035 was remitted to the City of Dover.
Cash receipts, General Fund, for the month of December was accepted.
Budget Report, General Fund, for the month of November was accepted.
Cash receipts, Electric Revenue Fund, for the month of December was accepted.
Cash receipts, Electric Improvement Fund, for the month of December was accepted.
City Manager report for the month of December was accepted.
DOVER CODES
The newly-codified ordinances of the City of Dover have been received, with the exception of an index which could be available in the near future. These copies of the Code are now available to the public. The suggested sale price of $25 per copy has been recommended by NIMLO. Cost to the City is approximately $57 per copy. On motion of Mr. Hastings, seconded by Mr. Biggs, Council set a price of $25 per copy for the sale of the City of Dover Code.
DOVER DOWNS AREA SEWER LINE
City Manager Neylan requested of Council permission to extend from the Dover Downs Pumping Station a sewer line northward approximately 2000' to serve the properties located on U.S. Route 13 in this area. The original estimate of $180,000 to install a pumping station and force main in this area will be reduced by actual cost to approximately $125,000. An extension of the present contract would enable this new sewer line to be installed and the price for the whole job would remain under the original estimate. On motion of Mr. Jackson, seconded by Mr. Hayes, Council authorized the City Manager the extend the sewer line northward from the Dover Downs Pumping Station and add this work to the present contract.
BRYAN PROPERTY
The property of the Estate of Natliss Bryan, located 702 Slaughter Street, was destroyed by fire on January 4th. Building Inspector Roe was asking permission of Council to have this building demolished in accordance with the Dangerous Building Code, Section 8. Mr. Roe recommended that the City crews be allowed to demolish the building and a lien placed against the property for the cost of same. On motion of Mr. Holpp, seconded by Mr. Biggs, Council directed that the demolition of the Bryan property be put out to bid, and at the same time an estimate be made as to the cost of the demolition work by City crews. Upon receipt of the bids and the estimate by the City, the lowest price for the job will be accepted.
MACK HOUSE
The Mack house at 6 East Highway is available for sale, the acquisition of which would bring nearer the possibility of the extension of Legislative Avenue from Loockerman Street to Division Street or Kings Highway. There are four properties involved, those being the Underwood Company, William Hallett, the Murphy School and the Mack property. The Underwood Company and Mr. Hallett have expressed and interest in having this street opened up. No answer has been received from the Murphy School. Mr. Neylan presented plans for the extension of this street, stating that this route had been proposed in the past but had never been approved for lack of support. A representative group of the residents in this area were present and expressed their desire not to have this street opened up because of their fear for the devaluation of their property and the possibility of creating a traffic problem where Legislative Avenue would empty out into Kings Highway. On motion of Mr. Hayes, seconded by Mr. Jackson, Council recommended that the Mack property not be purchased by the City at this time.
WIDDER REZONING
A request has been received from Dr. Bertram Widder to rezone a parcel of land he owns on the Southeast corner of Waples Street and South Governors Avenue from RG0 to RG-2. A public hearing was advertised for this time and place. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission recommended approval of the rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Hastings, seconded by Mr. Walls, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Harris, adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE PROPERTY LOCATED ON THE SOUTH EAST CORNER OF WAPLES STREET AND SOUTH GOVERNORS AVENUE, FROM RG0 TO RG-2 USE.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of the zoning and planning to change the permitted use from RG0 to RG-2 on the land described below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance, the Zoning Map and Zoning Ordinance of the City of Dover shall be amended by changing the zoning designation from RG0 to RG-2 on the property located on the southeast corner of Waples Street and South Governors Avenue owned by Dr. Bertram Widder, and containing approximately 0.726 acres.
Adopted January 13, 1969
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee meeting held on January 6, 1969 was presented by Chairman Hastings. On motion of Mr. Hayes, Council accepted the report as presented.
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playgrounds, & Trees Committee meeting held on January 6, 1969 was presented by Chairman Hastings. On motion of Mr. Walls, Council accepted the report as it was presented.
UTILITY COMMITTEE
A written report of the Utility Committee meeting held on January 6, 1969 was presented by Chairman Holpp. On motion of Mr. Hastings, Council accepted the report as presented.
SAULSBURY ROAD WATER LINE
The 10" water line on Saulsbury Road between Walker Road and the Hartly Road has been completed. The Utility Committee recommends that a public hearing be held prior to setting the front foot charge to be assessed to the abutting property owners. On motion of Mr. Hayes, seconded by Mr. Holpp, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Harris, adopted the following ordinance.
AN ORDINANCE PROVIDING THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF THE INSTALLATION OF WATER MAINS ON THE EAST SIDE OF SAULSBURY ROAD BETWEEN HARTLY ROAD AND WALKER ROAD.
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 property owners whose land adjoins said installation, and
WHEREAS, The Council has caused to be installed water mains on the east side of Saulsbury Road between Hartly Road and Walker Road, 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 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 all property owners whose property adjoins the installation of said water mains at the rate of $3.00 per front foot adjoining said mains.
2. This assessment shall be a lien against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. This 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 plan 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 each assessment shall be paid.
4. The cost of tapping to said water mains shall be in addition to the assessment heretofore stated and such tapping charges shall be due and payable one the tap is completed.
5. A public hearing on said assessment and levy shall be held on February 24, 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 January 13, 1969
SIDEWALK ASSESSMENTS
Sidewalk construction in the area of south Dover has been completed. The Utility Committee recommends a public hearing be held prior to setting a charge to the property owners on which sidewalks were installed by the City of Dover. On motion of Mr. Hastings, seconded by Mr. Hayes, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Harris, adopted the following ordinance.
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF THE INSTALLATION OF SIDEWALKS ALONG THE STREETS IN THE SECTION OF THE CITY OF DOVER BOUNDED ON THE NORTH BY SOUTH STREET, ON THE EAST BY U.S. ROUTE 13, ON THE SOUTH BY WYOMING AVENUE AND ON THE WEST BY NEW BURTON ROAD.
WHEREAS, The Council is authorized to install sidewalks 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 sidewalks along the streets in the section of the City of Dover bounded on the North by South Street, on the East by U.S. Route 13, on the South by Wyoming Avenue and on the west by New Burton Road, 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 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 all property owners whose property adjoins the installation of said sidewalks at the rate of $.57 per square foot adjoining said sidewalks.
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 each assessment shall be paid.
4. A public hearing on said assessment and levy shall be held on February 24, 1969 at 8:15 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 preceeding weeks the date of the hearing.
Adopted January 13, 1969
WILDCAT LANDFILL
Mitchell Powell, contract trash collector for the City of Dover, has recently sold his business to the Wildcat Landfill. On January 1, 1969, Wildcat began collecting in area that were serviced by Mitchell Powell. An 18 month contract, to expire June 30, 1970, has been prepared between Wildcat Landfill and the City of Dover. 90 day notice is required for extension or termination of the agreement. The basic charge will be $1.50 per residential unit per month. On motion of Mr. Biggs, seconded by Mr. Hayes, Council authorized the signing of a contract to cover the above mentioned period with the Wildcat Landfill for the collection of trash.
ELECTION
On motion of Mr. Walls, Council appointed Messrs Hastings, Hayes, Hughes and Jackson to serve as election officials for the upcoming Municipal Election. Mr. James, City Alderman was appointed as the Election Judge.
On motion of Mr. Hayes, seconded by Mr. Hastings, Council authorized the printing of sample and official ballots, the use of voting machines, the hiring of election clerks, and the use of the Grace Fellowship Hall of Wesley Church as the polling place for the Municipal Election.
FLUORIDATION REFERENDUM
A referendum on the question on the fluoridation of the water supply of the City of Dover will appear on the ballot of the Municipal Election as requested by Council at its meeting of September 23, 1968. The future course of Dover would be guided by the result of such a referendum. The question then arose as to who was eligible to vote on such a referendum. After much discussion, Mr. Hughes made a motion, which was seconded by Mr. Hayes, and Council by a vote of 6 ‘yes’ and 1 ‘no’, Mr. Jackson and 1 ‘absent’, Mr. Harris, directed that the only ones eligible to vote on the referendum would be the eligible voters, those registered to vote for Council Candidates.
RESUBMISSION OF WORKABLE PROGRAM
City Manager Neylan presented to Council an up to date resume on the progress of the Workable Program. Since the beginning of work on the Workable Program, March 1967, this is the fifth submission of the program to the Federal Government, Department of Housing and Urban Development. The program after its last submission was sent back for minor corrections, and the City was told also to up date the information to the first of a month and have the Council authorize its submission during that particular month. The information has been updated to January 1, 1969. On motion of Mr. Hayes, seconded by Mr. Holpp, Council authorized the resubmission of the Workable Program, and at the same time directed that the City Planner, City Manager and the Chairman of the Dover Housing Authority hand deliver the program the the Philadelphia office of HUD.
On motion of Mr. Hastings, seconded by Mr. Hayes, Council directed that a written report on the progress and submission of he Workable Program be sent to the Council members, the members of the Housing Authority and the Attorney for the Housing Authority, Mr. Joshua Twilley.
KICHLINE LETTER
A letter was received from Mrs. Dorothy M. Kichline concerning the damage of their property located at 1002 S. Bradford Street, which is behind GG’s Bar. She stated that their fence in their rear yard in constantly being torn down and knocked down by automobiles leaving GG’s by way of the alley between the two properties. On motion of Mr. Hughes, seconded by Mr. Hastings, Council acknowledged receipt of the letter and referred the letter to the Chief of Police, who will investigate the complaint.
PAUL LAND DEVELOPMENT REQUEST
A letter was received from the Paul Land Development Corporation asking Council to consider the addition to the Zoning Ordinance, whereby an addition would be made to create a high rise apartment zone. They would like to utilize such a zoning designation on their property located on the west side of U.S. Route 13 in the vicinity of the St. Jones River. On motion of Mr. Hayes, seconded by Mr. Holpp, the request was referred to the Planning Commission for the study and recommendation.
NIMITZ ROAD - NIMITZ DRIVE
A request was received from Jefferic Enterprises, Inc. asking Council for a name correction and/or change from Nimitz Drive to Nimitz Road in the Towne Point Section. The original street was named Nimitz Road, and a later portion was placed on the plot by the developer as Nimitz Drive. On motion of Mr. Hayes, seconded by Mr. Hastings, Council referred this request to the Planning Commission for the study and recommendation.
ANNEXATION LETTER
On motion of Mr. Hayes, seconded by Mr. Walls, Council directed that a letter be sent to all the residents of the area involved the the Annexation Referendum to take place on January 25, 1969, outlining the area and stating the advantages of their being a part of the City of Dover.
NIGERIA-BIAFRA LETTER
A letter was received from a Committee of Local Citizens concerning the situation in the Nigeria-Biafra hunger crisis. They are going to sponsor a concentrated four-day campaign from January 23 through January 26 to collect funds to help the starving people of this area. On motion of Mr. Hayes, seconded by Mr. Walls, Council acknowledged receipt of the letter and stated they would be sympathetic to such a campaign.
OUTSTANDING CHECKS
Permission was requested by the City Clerk & Treasurer to write off some 43 outstanding checks in the Electric Revenue Fund amounting to $218.67, and some 11 outstanding checks in the Payroll account in the amount of $193.53. On motion of Mr. Holpp, seconded by Mr. Hughes, Council granted permission to write-off the above mentioned outstanding checks.
WOODCREST STREETS
A deed ans escrow account in the amount of $600 has been presented to the City of Dover for the streets in the old section of Woodcrest, developed by the original contractor. The escrow account will cover the repairs that might be needed to these streets. Final inspection has been made by the City Engineering Department and recommendation of acceptance. On motion of Mr. Hayes, seconded by Mr. Hastings, Council accepted the deed to the streets in the section of Woodcrest as mentioned above.
ILC INDUSTRIES
Mr. Lawrence Ornston, representative of ILC Industries, was against present at Council and asked if any decision had been reached on their request to purchase a portion of the Warehouse yard located on Pear Street. Mayor Carroll informed Mr. Ornston that the Committee that he had appointed had not an opportunity to meet and no report was available at this time. Mayor Carroll then asked the members of this committee if it were possible for them to meet at 11:30 A.M. on January 20, 1969, just prior to the Municipal Election. All members stated they could meet at this time, and Mayor Carroll informed Mr. Ornston that hopefully some answer to their request might be forthcoming from this meeting.
LOADING ZONE - THE GREEN
Complaints have been received from residents of The Green in reference to the loading zone in front of the Corporation Trust Company. This No Parking and/or Loading Zone was created for the Corporation Trust Company, but prevent the residents of The Green from using these spaces for parking after working hours. Chief of Police Spence stated that elimination of this No Parking zone would not cause any hardships, as this space isn’t used that much. On motion of Mr. Hughes, seconded by Mr. Holpp, Council rescinded any privileges or consideration that had been given to the Corporation Trust Company for the No Parking and/or Loading Zone and requested that such signs be removed.
Council adjourned at 10:00 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of January 13, 1969 are hereby approved.
January 14, 1969 Crawford J. Carroll Mayor