REGULAR MEETING
June 12, 1967
The regular meeting of City Council was held Monday, June 12, 1967 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Harris, Hastings, Hayes, Holpp, Hughes, Jackson and Smith.
A moment of silence was offered for Colonel John LeFevre who passed away recently.
MINUTES
The minutes of the meeting of May 22, 1967 were approved by Council and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police for May was accepted.
Report of the Fire Marshall and Building Inspector for May was accepted.
Report of the Acting Alderman for the month of May was accepted. Fines in the amount of $297.30 were remitted to the City.
Report of the J. P. Court #7 for the month of May was accepted. A check in the amount of $3,385.00 was remitted to the City.
Report of the Cash Receipts, General Fund, for the month of May was accepted.
Report of the Budget, General Fund, for the month of April was accepted.
Report of the Cash Receipts, Electric Revenue Fund, for the month of May was accepted.
Report of the Cash Receipts, Electric Improvement Fund for the month of May was accepted.
Report of the City Manager for the month of May was accepted.
FIRE PREVENTION CODE
On motion of Mr. Hastings, seconded by Mr. Hayes, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE AMENDING AN ORDINANCE ADOPTING A FIRE PREVENTION CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, DEFINING THE POWERS AND DUTIES OF THE FIRE MARSHALL, AND PROVIDING THE PENALTIES FOR VIOLATIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
Section 1. That Section 1 of an Ordinance entitled “An Ordinance Adopting A Fire Prevention Code Prescribing Regulations Governing Conditions Hazardous to Life and Property from Fire or Explosion, Defining the Powers and Duties of the Fire Marshall, and Providing Penalties For Violations”, passed September 3, 1954, as amended February 8, 1960, be and the same is hereby amended by striking out all of said Section 1 and inserting in lieu thereof the following:
Section 1. Adoption of Fire Prevention Code.
There is hereby adopted by the City of Dover for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code recommended by the National Board of Fire Underwriters, being particularly the 1965 edition thereof and the whole thereof, and any subsequent editions, amendments or additions thereto, of which code not less than three (3) copies have and now are filed in the office of the Clerk of Council, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect the provisions thereof shall be controlling within the limits of the City of Dover.
Adopted June 12, 1967.
AMENDMENT OF HOUSING CODE
On motion of Mr. Smith, seconded by Mr. Biggs, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE AMENDING THE HOUSING CODE OF THE CITY OF DOVER, APPROVED BY COUNCIL ON FEBRUARY 21, 1961.
WHEREAS, the Council of the City of Dover adopted the Housing Code on February 21, 1961 and deemed the said Housing Code to be in the best interest of the residents and property owners of said City, and
WHEREAS, certain provisions of the Housing Code provide standards less restrictive than the provisions applicable to the City of Dover in Title 6, Chapter 79 of the Delaware Code Annotated, and
WHEREAS, the Council of the City of Dover deem that it is advisable that the Housing Code be amended to permit enforcement of the more restrictive standards by the Building Inspector of the City of Dover.
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET, that the Housing Code of the City of Dover be and the same is hereby amended as follows, to wit:
(1) That Section 4.2 (a) is deleted in its entirety and the following is inserted in lieu thereof:
Section 4.2 (a) Every dwelling unit shall contain a flush water closet, a lavatory basin and a bathtub or shower affording privacy, in good working condition and properly connected to a water and sewer system approved by the health inspector.
(2) That Section 4.3 is deleted in its entirety.
(3) That Section 4.4 is renumbered as Section 4.3.
POST OFFICE BUILDING
An estimate had been received on the cost of alteration to the old Post Office Building. An estimate of approximately $350,000 was received in connection with a complete overhaul of the heating and electrical systems, installation of air conditioning, which the building now lacks, and additional alterations and repairs that would be needed to make the building suitable for use as the administrative offices of the City of Dover. A study has also been made on making an addition to the present City Hall. The funds for the addition to the present City Hall could be acquired by the sale of the old Post Office Building. On motion of Mr. Holpp, seconded by Mr. Biggs, Council by unanimous vote authorized the City Manager to advertise for the sale of the old Post Office Building. Sealed proposals will be accepted in the office of the City Manager, City Hall, Dover, Delaware, no later than 2:00 P.M. on July 7, 1967. Council at its next meeting will have the right to accept or reject any or all bids. Each proposal must be accompanied by a Certified Check or Bond in the amount of Ten Percent (10%) of the bid proposal. All transfer cost and additional expenses are to be borne by the buyer. The present lease with the Kent County Agricultural Agent, a branch of the University of Delaware, is to be honored by the buyer and transferred with the sale of the building.
PARKS, PLAYGROUNDS & TREES COMMITTEE
Councilman Smith presented a report of the Parks, Playgrounds & Trees Committee meeting that was held on June 5, 1967. On motion of Mr. Harris, Council accepted the report as presented.
SAFETY ADVISORY COMMITTEE
Councilman Smith presented a report of the Safety Advisory Committee meeting that was held on June 5, 1967. On motion of Mr. Holpp, Council accepted the report as presented.
ROUTE 13 TRAFFIC
The increasing problem of truck traffic and speed limits on trucks was discussed at the meeting of the Safety Advisory Committee. The Committee asked about the possibility of having truck traffic forced to the right hand land on the Route 13 bypass. Chief Turner stated that this was a problem of the State Highway Department, as was the closing of the crossover in front of the Edgehill Shopping Center, at Greenhill Avenue, and he felt that a letter from the City might help persuade the State Highway Department of this need. On motion of Mr. Jackson, seconded by Mr. Hayes, Council directed the City Manager to write a letter to the State Highway Department requesting the closing of the crossover at Greenhill Avenue on Route 13, and the posting of signs instructing Thru Truck Traffic to remain in the right hand lane.
INTERSECTION - STATE STREET & THE GREEN
Councilman Hughes stated that the ever increasing problem of traffic on State Street and The Green has been brought to his attention and he felt that Council should take a look at this problem, in view of the recent accidents in this area. When going west on the Green and crossing or turning into State Street the visibility of oncoming traffic is very poor and has caused a couple of recent accidnets at this location. Mr. Hughes stated that he felt that elimination of parking on the East side of State Street at The Green and a couple of parking spaces north of The Green on the east side of State Street might make the visibility much better and thereby might prevent some future accident from happening at this location. This problem was referred to the Safety Advisory Committee, which will study the problem and report back to the Council at a later date.
HEDGE - DOVER STREET AND SUNSET TERRACE
Complaints have been received from a resident of the area about the Height of the hedge on the property located at Dover Street and Sunset Terrace owned by Richard Wood. Mr. Roe discussed this problem with Mr. Buckson, City Solicitor, and it was felt that although the height of the hedge is in direct violation with the ordinance governing same, it was questionable as to whether this was hazardous to vehicular traffic at this intersection. Mr. Roe spoke to Mr. Wood about the height of the hedge and that he has spent considerable amount of money on the hedge and being it was kept well cut at all times he didn’t feel as though it was unsightly or a hazard. It was suggested that Mr. Roe and Mr. Buckson make a study of this problem and the problem that might arise concerning the other intersections and area of the City of Dover.
PREPARATION OF ORDINANCES
On motion of Mr. Smith, seconded by Mr. Hastings, Council by vote of 7 ‘yes’ and 1 ‘no’, Mr. Biggs, directed the City Solicitor to prepare the following ordinances; An Ordinance to eliminate a parking space on each side of Kerbin Street where it intersects with Water Street, and an ordinance to prohibit glue sniffing in the City of Dover, an ordinance to eliminate parking on one side of New Street from North to Division Streets, and an ordinance to install 4 way stop signs at the intersection of Mary and Bradford Streets. Councilman Biggs later stated that he was not voting no on the preparation of all the ordinances, but only the ordinance in reference to the North Bradford and Mary Streets intersection.
KEITH ANNEXATION RESOLUTION
Pauline R. Postles and Marie K. Wharton, Kent County Election Officials who conducted a referendum election May 27, 1967 on the question of annexing to the City of Dover a tract of land adjacent to North State Street Extended and Silver Lake, certified to Council the result of the election as follows:
FOR Annexation to the City of Dover 324 Votes
AGAINST Annexation to the City of Dover 0 Votes
On motion of Mr. Holpp, seconded by Mr. Smith, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Harris, adopted the report of the Election Committee.
ANNEXATION RESOLUTION
On motion of Mr. Holpp, seconded by Mr. Hayes, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Harris adopted the following resolution:
RESOLUTION APPROVING THE INCLUSION OF AN AREA ADJACENT TO SILVER LAKE AND NORTH STATE STREET EXTENDED 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 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 deemed it in the best interest of the City of Dover to include the area adjacent to Silver Lake and North State Street as hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held on the 27th day of May A.D., 1967, 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 situated in East Dover Hundred, Kent County, Delaware as more particularly bounded and described herein shall be annexed to and included within the limits of the City of Dover:
ALL that certain tract lying and being in East Dover Hundred, Kent County, and the State of Delaware and being adjacent to the City of Dover and being more particularly described as follows, to-wit:
BEGINNING at a point in the westerly right-of-way line of said former U.S. Route 13 now North State Street Extended, said point being a corner for these lands and lands formerly of G. Leslie Gooden, now or late of Ralph E. Longabach and wife; thence with said westerly right-of-way line of said formerly known U.S. Route 13, now North State Street Extended, South 9 deg. 56 min. West Four hundred fifty-eight and fifty one-hundreds feet (458.50) to a point opposite the high water mark at Silver Lake; thence following the various wanderings and meanderings of the high water mark of the said Silver Lake first in a westerly direction and secondly in a northerly direction so as to reach a beach tree a corner for these lands and lands formerly of the said G. Leslie Gooden, now or late of Ralph E. Longabach and wife; thence with the line of lands formerly of G. Leslie Gooden, now or late of Ralph E. Longabach and wife, North 57 deg. 26 min. east Eighty-three (83) feet home to the place of beginning, and containing 2.43 acres of land, be the same more or less.
2. That a certified copy of this Resolution of annexation together with a plot of the area annexed shall be forthwith filed for record with the Recorder 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 13th day of June 1967, at 12:01 A.M. o’clock.
Adopted June 12, 1967
ELECTRIC DEPARTMENT BUDGET
A public hearing has been duly advertised for this date on the preliminary budget of current expenses of the electric system for the Fiscal Year beginning July 1, 1967. Mayor Carroll declared the hearing opened. No one appeared to speak for or against the proposed budget. Mayor Carroll declared the hearing closed.
On motion of Mr. Holpp, seconded by Mr. Hastings, Council by unanimous vote passed the following ordinance:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER:
Section 1. That the amounts hereinafter named, aggregating Four Million, Five Hundred Twenty Four Dollars ($4,000,524), or so much thereof as may be necessary, are hereby appropriated from current revenues of the Electric Department, now estimated to be Four Million, Forty One Thousand, Six Hundred Dollars ($4,041,600), for the use of several divisions of the Electric Department, and for the purposes hereinafter mentioned, for the fiscal year beginning July 1, 1967 and ending June 30, 1968, as follows:
OPERATION
Production
Labor $ 243,000
Materials & Supplies 662,000
Purchased Power 1,155,000
DISTRIBUTION
Labor 40,000
Materials & Supplies 40,000
ADMINISTRATION:
Salaries and Wages 85,000
Materials & Supplies 60,000
Social Security & Group Insurance 22,000
Electric Meter Deposit Refunds 20,000
TOTAL OPERATING BUDGET $ 2,327,000
Interest on 1965 Revenue Bonds 335,873
Principal on 1965 Revenue Bonds 255,416
Electric Improvement Fund 525,000
City of Dover General Fund 500,000
Principal & Interest on G. O. Bonds 57,235
TOTAL APPROPRIATIONS $ 4,000,524
Section 2. The City Manager is hereby authorized, without further approval of City Council, to make interdivisional transfers up to 10% of the amount herein appropriated to any division, except that the amounts herein appropriated for interest, principal and reserve for 1965 Revenue Bonds and for the Electric Improvement Fund may not be decreased.
Passed June 12, 1967
ZONING CHANGE
A request for a rezoning has been received by Council to change the zoning on a tract of land located within the City of Dover bounded on the South by Webbs Lane, on the north by New Burton Road, on the east by the present C-1 zone and Mayfair, and on the west by the present R-20 zone which is east of Garton Road. All the zoning in this area is presently R-20 and is requested that approximately 13.153 acres be rezoned to R-8 and approximately 5.25 acres to be rezoned to RG-2. This is a second request, the first having been withdrawn by the petitioner prior to the scheduled public hearing. A public hearing is required prior to any change in the zoning ordinance and zoning map. On motion of Mr. Hastings, Council adopted the following resolution and referred the request to the Planning Commission.
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 lands bounded on the south by Webbs Lane, on the north by New Burton Road on the west by the present C-1 zone and Mayfair, and on the west by the present R-20 zone, which is east of Garton Road, 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:
1. That a public hearing be held at City Hall at 8:00 P.M. on July 10, 1967 on a proposed amendment to the zoning ordinance and zoning mao of the City of Dover which would rezone from R-20 to R-8 and RG-2 use the area bounded on the south by Webbs Lane, on the north by New Burton Road, on the east by the present C-1 zone and Mayfair, and on the west by the present R-20 zone which is east of Garton Road.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted June 12, 1967
WILLEY ZONING REQUEST
A request has been received from Agnes G. Willey to change the zoning on a portion of the land owned by Mrs. Willey located within the City of Dover bounded on the east by U.S. Route 113, on the west by the present RG-2 and R-20 zones of land owned by Mrs. Willey, on the south by the Danner Farm, owned by the State of Delaware, and on the north by Lots #1, 31, 32, 73, and 74. All the zoning in this area is presently R-20 and is requested that approximately 11.3 acres be rezoned RG-2 and 37.2 acres be rezoned C-4. A public hearing is required prior to any change in the zoning ordinance and zoning map. On motion of Mr. Jackson, Council adopted the following resolution and referred the request to the Planning Commission.
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 lands bounded on the east by U.S. Route 113, on the west by the present RG-2 and R-20 zones of lands owned by Mrs. Willey, on the south by the Danner Farm, owned by the State of Delaware, and on the north by Lots #1, 31, 32, 73 and 74 of the Bay Road Addition Developments presently zoned for R-20 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:
1. That a public hearing be held at City Hall at 8:15 P.M. on July 10, 1967 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-20 and C-4 use the area bounded on the east by U.S. Route 113, on the west by the present RG-2 and R-20 zones of lands owned by Mrs. Agnes Willey, on the south by the Danner Farm, owned by the State of Delaware, and on the north by Lots #1, 31, 32, 73 and 74 of the Bay Road Addition Development.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted June 12, 1967
CURB INSTALLATION
The City plans to improve certain streets and to install concrete curb and gutter, the cost of which will be charged to abutting property owners who now lack curb. A public hearing is required before proceeding with such projects and assessing the cost thereof.
On motion of Mr. Harris, seconded by Mr. Biggs, Council adopted the following resolution:
RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING TO CONSIDER THE INSTALLATION OF CURB AND GUTTER ON BOTH SIDES OF LOTUS STREET EAST OF U.S. ROUTE 13.
WHEREAS, the City Council of the City of Dover is considering the installation of the concrete curb and gutter on both sides of Lotus Street east of Route 13 and charging the cost thereof to property owners, and
WHEREAS, the Charter of the City of Dover requires that a public hearing be held prior to such action, at which the property owners concerned and other residents of the City of Dover may be heard, and that notice of such hearing be published.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. The Council of the City of Dover will hold a public hearing in the Council Chambers at City Hall at 8:15 P.M., June 26, 1967 on the question of installing concrete curb and gutters on both sides of Lotus Street, east of U.S. Route 13 and assessing the cost thereof to property owners.
2. The following-named persons are the owners or the purported owners of the properties in front of which the concrete curb and gutter will be installed:
Daisy Ross Alfred M. & Gunovar A. Braasch
Helen Hunter Angelo R. & Avis E. Serean
Nancy Murray Seventh Day Adventist Church
3. At the said meeting the Council will hear the aforesaid owners of property and other residents of the City in accordance with the Charter of the City of Dover.
Adopted June 12, 1967
CHICKEN FESTIVAL FLOAT
City Manager Neylan requested of the City Council authorization to spend approximately $200 in the construction of a float to represent the City of Dover in the upcoming Chicken Festival Parade to be held on June 24, 1967. On motion of Mr. Holpp, seconded by Mr. Smith, Council by unanimous vote authorized the float to be constructed to be used in the parade.
KENT COUNTY SEWAGE TREATMENT
A letter was received from Kent County Levy Court stated that they had received tentative approval to construct a portion of their sewage treatment facilities in order to serve the Latex plant at Cheswold and keep their new construction in the County. They are requesting that the City of Dover assure them that they will support the plans of Kent County Levy Court so that they can give Latex a guarantee that their needs will be served. It was requested by Council that the City Manager contact the Kent County Levy Court and arrange a meeting at the convenience of the Council and also contact the Engineers, Albright & Friel, and ask that they also have a representative at this meeting.
DRAINAGE DITCH UNDER YEARSLEY DRIVE
A letter was received from some residents of Charles Drive complaining about a drainage ditch that runs across the back of their properties and under Yearsley Drive. They stated that the condition of the ditch presents a health hazard to the residents of the area. On motion of Mr. Hayes, Council acknowledged receipt of the letter and referred it to the City Manager and Health Officer, Mr. Roe, for their study.
CUBBAGE MEMORIAL HANDBELL CHOIR
A letter was received from Mr. Thomas C. Flynn, Director of Music at Wesley Church, stating that the Cubbage Memorial Handbell Choir will be representing the State of Delaware at the National Festival of the American Guild of English Handbell Ringers to be held in Dallas, Texas later this month. Mayor Carroll acknowledged receipt of the letter and wished the Choir well on their trip to Texas on behalf of the City of Dover.
PROCLAMATIONS
On this date two proclamations were issued by Mayor Carroll J. Carroll on behalf of the City of Dover. They are as follows:
1. A proclamation declaring the week of June 18th to June 24th, 1967 as BURGLARY PREVENTION WEEK and urged that all citizens of The City of Dover to take cognizance of special events arranged for the period for the purpose of making precautionary measures more widely employed.
2. A proclamation declaring Sunday, June 18th, 1967 as FATHER’S DAY and calling upon all citizens of the City of Dover to observe it in worship and displaying the American Flag and otherwise commemorating the Father in the home so that every day in the year we may have the blessings that flow from good fatherhood, good citizenship, and a strong family life.
Council adjourned at 9:25 P.M.
Jay R. Dougherty
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of June 12, 1967 are hereby approved.
June 13, 1967 Crawford J. Carroll Mayor