REGULAR MEETING
April 10, 1967
The regular meeting of City Council was held Monday, April 10, 1967 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Harris, Hastings, Hayes, Holpp, Hughes, Jackson and Smith.
The invocation was said by Rev. Howard A. Bailey, Board of Education, Peninsula Conference of the Methodist Church.
MINUTES
The minutes of the meeting of March 27, 1967 were approved by Council, and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police for March was accepted.
Report of the City Alderman for the month of March was accepted. Fines in the amount of $602.10 were remitted to the City during the month of March.
Report of the Building Inspector and Fire Marshall was accepted.
Report of Cash Receipts, General Fund, for March was accepted.
Budget Report, General Fund, for February, was accepted.
Report of Cash Receipts, Electric Revenue Fund for March was accepted.
Report of Cash Receipts, Electric Improvement Fund for March was accepted.
Report of the City Manager was accepted.
CONDEMNED PROPERTY - 107 SOUTH KIRKWOOD STREET
Mr. Aaron Paskins, owner of property located at 107 S. Kirkwood Street, had been granted a deadline of March 1, 1967 by Council to make the necessary repairs to this property in accordance with the Building Code of the City of Dover. Since nothing has been done to this property, Mr. Roe, Building Inspector, requested that Council take the necessary action to have the building demolished on this property in accordance with the Dangerous Building ordinance. On motion of Mr. Holpp, seconded by Mr. Jackson, Council directed that Mr. Paskins be notified that he has ten (10) days to raze the building on this property, or the City of Dover will put out bids to have this buildings razed and the cost to be paid by the property owner or a lien placed on the property.
CONDEMNATION OF PROPERTY OF 317-319 W. LOOCKERMAN STREET
Mr. Roe, Building Inspector, stated that the property located at 317-319 W. Loockerman Street is in deplorable condition and wishes to have this property condemned or repaired by the owner. The owner is Rose Salkind. On motion of Mr. Hughes, seconded by Mr. Hayes, Council requested that the owner or a authorized representative be notified that a hearing will be held by Council on April 24, 1967, at its next regular meeting, to show cause why they should not demolish or repair said property.
SIDEWALKS
Presently there is a resolution on the Building Permit issued by the City of Dover stating that sidewalks must be installed on all new construction. Mr. Roe, Building Inspector, requested by Mr. Buckson, City Solicitor, his opinion as to whether this resolution was binding based on the opinion he gave Council at the last meeting reference to resolutions. Mr. Roe wanted to known if an ordinance was necessary to enforce the installation of sidewalks on new construction. Mr. Buckson stated that he would like to look into this matter a little further. On motion of Mr. Hastings, seconded by Mr. Smith, Council referred the matter of sidewalks for new construction to the City Solicitor for his study and an opinion.
OLD POST OFFICE BUILDING
Mr. Neylan, City Manager, expressed a desire to employ an architect to draw up preliminary plans on the renovation of the Old Post Office building, that was recently purchased by the City. He said that the architect, for a fee of $3000, would prepare these plans showing all necessary repairs and a breakdown of all costs. Mr. Harris, stated that he felt that a thorough study should be made of the needs and availability of the administration department of the City prior to employment of an architect and renovation of the building. On motion of Mr. Jackson, seconded by Mr. Biggs, Council accepted the Mayor’s recommendation that the Chairman of the Committees of the City Council meet with the City Manager to discuss the renovation and costs of same of the Old Post Office building. These Councilmen being Messrs, Hayes, Holpp, Hughes and Smith. Councilman Hayes will act as Chairman of the Committee.
RESURFACE NORTH STREET
The City Manager requested the consent of Council to resurface North Street from New Street to approximately the railroad for a cost of about $2000. This work could be completed by May 1st. On motion of Mr. Hughes, seconded by Mr. Harris Council authorized the City Manager to proceed with this project.
AGREEMENT WITH CITY AND HIGHWAY DEPARTMENT
The City Manager requested that the City enter into an agreement with the Highway Department in reference to their reconstruction of North Street/Hazletville Road in the area of General Foods. The cost to the City would be $23,275. $25,000 had originally been set aside in the 963 Bond Issue for this purpose. The only thing in this agreement that does not appear in the ordinary agreement, is that the City would have to enact ordinances to prohibit parking on both sides of Saulsbury Road approximately 200' north of Hazletville Road/North Street and on both sides of North Street from General Foods to the railroad. On motion of Mr. Smith, seconded by Mr. Harris, Council authorized the Mayor and City Clerk to sign this agreement between the City of Dover and the State of Delaware Highway Department.
SAFETY ADVISORY COMMITTEE
Councilman Smith presented a written report of the Safety Advisory Committee meeting held Monday, April 3, 1967, which was accepted by Council.
ONE-WAY STREETS
Councilman Smith stated at the last meeting of the Safety Advisory Committee the proposal of north-south one-way streets, which was referred to them by Council, was studied. The Committee recommended that no change be made at this time. Councilman Hughes stated that when he requested at an earlier Council meeting that this problem be referred to the Safety Advisory Committee for further study, a definite study should be made, and at this time that had not been done. He feels that this is being passed off without the proper study being done on this problem. Several Councilmen stated that all the personal calls that they had received, only a few were in favor of the one-way streets. Also presented at this time was a written petition of thirty-six (36) signatures stating their desires to make no changes in the traffic routes of the City. On motion of Mr. Hastings, Council accepted the recommendation of the Safety Advisory Committee. Mr. Hughes voted ‘no’.
PARKS, PLAYGROUNDS & TREES COMMITTEE
Councilman Smith presented a written report of the Parks, Playgrounds & Trees Committee meeting that was held on Monday, April 3, 1967, which was accepted by Council.
UTILITY COMMITTEE
Councilman Holpp presented a written report of the Utility Committee meeting held on Monday, April 3, 1967. On motion of Mr. Harris, Council accepted this report.
FRONT FOOT CHARGE
Sanitary sewer lines have recently been constructed on Webbs Lane, Garton Road and a portion of New Burton Road. On motion of Mr. Harris, seconded by Mr. Hastings, Council authorized a charge of $5.00 per front foot for the lines that were installed and these charges are to be assessed to the property owner.
W. DEAN JOHNSTON
Mr. Johnston, owner of the property located at 118 Ann Avenue, had requested an adjustment on the charge of sewer line construction on his irregularly shaped lot at the above address, since the sewer line was placed across the smaller portion of his property. The lot measures 110 feet frontage and only 22 feet across the rear of his property. The committee recommended that the charge be adjusted to 81 feet as per the calculation in accordance with the tax record. On motion of Mr. Hastings, seconded by Mr. Harris, Council accepted the recommendation of the Utility Committee.
REZONING EDGEHILL AREA
A request has been presented to Council to rezone from R-8 to R-7 the area bounded on the north by White Oak Road, on the south by North Little Creek Road, on the west by the present C-4 zone, which is east of U.S. 13, and on the east by Nimitz Road and the present RG-2 zone. The request had been duly advertised for a public hearing at this date and time. Mayor Carroll declared the hearing opened. There was no one present to speak for or against this rezoning. The recommendation of the Planning Commission was for approval of rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Smith, seconded by Mr. Hayes, Council by unanimous vote passed the following ordinance:
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING ZONING DESIGNATION OF THE AREA BOUNDED ON THE NORTH BY WHITE OAK ROAD, ON THE SOUTH BY NORTH LITTLE CREEK ROAD, ON THE WEST BY THE PRESENT C-4 ZONE, WHICH IS EAST OF US 13, ON THE EAST BY NIMITZ ROAD AND THE PRESENT RG-2 ZONE, FROM R-8 TO R-7 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 zoning and planning to change the permitted use from R-8 to R-7 in the area described below
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. 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 R-8 to R-7 use of the area bounded on the north by White Oak Road, on the south by North Little Creek Road, on the west by the present C-4 zone, which is east of U.S. 13, and on the east by Nimitz Road and the present RG-2 zone.
Passed April 10, 1967
BANK LANE CURB
A public hearing has been duly advertised for this date on a proposal by the City Council to install curb and gutter on both sides of Back Lane between Queen Street and New Burton Road, and assessing the cost thereof to the property owners. Mayor Carroll declared the hearing opened. No one appeared to speak for or against the proposal. Mayor Carroll declared the hearing closed.
On motion of Mr. Hayes, seconded by Mr. Holpp, Council by unanimous vote adopted the following resolution:
A RESOLUTION PROVIDING FOR THE INSTALLATION OF CONCRETE CURB AND GUTTER ON BOTH SIDES OF BANK LANE BETWEEN QUEEN STREET AND NEW BURTON ROAD.
WHEREAS, the Mayor and Council of the City of Dover have considered the installation of concrete curb and gutter on the street mentioned above and assessing the cost thereof to property owners, and
WHEREAS, a public hearing has been held by the Mayor and Council to determine whether the said concrete curb and gutter should be installed, and
WHEREAS, pursuant to the hearing the Mayor and Council have determined that such installation is for the best interest of the residents of the above area
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That the City of Dover shall install concrete curb and gutter along both sides of Bank Lane between Queen Street and New Burton Road.
2. That the cost of installation of the said concrete curb and gutter shall be assessed against the adjoining property owners based upon the front footage each property owner has on the aforesaid street, except that no charge shall be made to those property owners in front of whose property curb and gutter is now installed.
Adopted April 10, 1967
GARTON ROAD CURB
A public hearing has been duly advertised for this date on a proposal by the City Council to install curb and gutter on both sides of Garton Road between Webbs Lane and New Burton Road, and assessing the cost thereof to the property owners. Mayor Carroll declared the hearing opened. No one appeared to speak for or against the proposal. Mayor Carroll declared the hearing closed.
On motion of Mr. Hastings, seconded by Mr. Hayes, Council by unanimous vote adopted the following resolution:
A RESOLUTION PROVIDING FOR THE INSTALLATION OF CONCRETE CURB AND GUTTER ON BOTH SIDES OF GARTON ROAD BETWEEN WEBBS LANE AND NEW BURTON ROAD.
WHEREAS, the Mayor and Council of the City of Dover have considered the installation of concrete curb and gutter on the street mentioned above and assessing the cost thereof to property owners, and
WHEREAS, a public hearing has been held by the Mayor and Council to determine whether the said concrete curb and gutter should be installed, and
WHEREAS, pursuant to the hearing the Mayor and Council have determined that such installation is for the best interest of the residents of the above area
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That the City of Dover shall install concrete curb and gutter along both sides of Garton Road between Webbs Lane and New Burton Road.
2. That the cost of installation of the said concrete curb and gutter shall be assessed against the adjoining property owners based upon the front footage each property owner has on the aforesaid street, except that no charge shall be made to those property owners in front of whose property curb and gutter is now installed.
Adopted April 10, 1967
BROWN STREET CURB
A public hearing has been duly advertised for this date on a proposal of City Council to install curb and gutter on both sides of Brown Street between Ann Avenue and McKee Road and assessing the cost thereof to property owners. Mayor Carroll declared the hearing opened. No one appeared to speak for or against the proposal. Mayor Carroll declared the hearing closed.
On motion of Mr. Jackson, seconded by Mr. Biggs, Council by unanimous vote adopted the following resolution.
A RESOLUTION PROVIDING FOR THE INSTALLATION OF CONCRETE CURB AND GUTTER ON BOTH SIDES OF BROWN STREET BETWEEN ANN AVENUE AND McKEE ROAD.
WHEREAS, the Mayor and Council of the City of Dover have considered the installation of concrete curb and gutter on the street mentioned above and assessing the cost thereof to property owners, and
WHEREAS, a public hearing has been held by the Mayor and Council to determine whether the said concrete curb and gutter should be installed, and
WHEREAS, pursuant to the hearing the Mayor and Council have determined that such installation is for the best interest of the residents of the above area
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That the City of Dover shall install concrete curb and gutter along both sides of Brown Street between Ann Avenue and McKee Road.
2. That the cost of installation of the said concrete curb and gutter shall be assessed against the adjoining property owners based upon the front footage each property owner has on the aforesaid street, except that no charge shall be made to those property owners in front of whose property curb and gutter is now installed.
Adopted April 10, 1967
SLAUGHTER STREET CURB
A public hearing has been duly advertised for this date on a proposal of City Council to install curb and gutter on both sides of Slaughter Street between North and Loockerman Streets, and assessing the cost thereof to property owners. Mayor Carroll declared the hearing opened. No one appeared to speak for or against the proposal. Mayor Carroll declared the hearing closed.
On motion of Mr. Holpp, seconded by Mr. Smith, Council by unanimous vote adopted the following resolution.
A RESOLUTION PROVIDING FOR THE INSTALLATION OF CONCRETE CURB AND GUTTER ON BOTH SIDES OF SLAUGHTER STREET BETWEEN NORTH STREET AND LOOCKERMAN STREET.
WHEREAS, the Mayor and Council of the City of Dover have considered the installation of concrete curb and gutter on the street mentioned above and assessing the cost thereof to property owners, and
WHEREAS, a public hearing has been held by the Mayor and Council to determine whether the said concrete curb and gutter should be installed, and
WHEREAS, pursuant to the hearing the Mayor and Council have determined that such installation is for the best interest of the residents of the above area
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That the City of Dover shall install concrete curb and gutter along both sides of Slaughter Street between North Street and Loockerman Street.
2. That the cost of installation of the said concrete curb and gutter shall be assessed against the adjoining property owners based upon the front footage each property owner has on the aforesaid street, except that no charge shall be made to those property owners in front of whose property curb and gutter is now installed.
Adopted April 10, 1967
TAX APPEALS
The committee of Council appointed to hear tax assessment appeals reported that eight property owners were present in the two days of hearings to appeal the assessment on their properties. On motion of Mr. Holpp, seconded by Mr. Jackson, Council acted on the recommendation of the committee as follows:
Michael & Lois Tovcimak, 345 N. New Street, approved no change in assessment, $9100.
Robert L. Jones, 529 Pennsylvania Avenue, approved no change in assessment, $21,200.
Willis, Harrington & Messick, % Capital City Motel, approved no change in assessment, $68,800.
Lester G. & Pauline Monismith, 57 Upland Avenue, approved no change in assessment, $9600.
J. C. Ehrlich Realty Co., % Penny’s Store, approved no change in assessment, $96,200.
Mrs. J. C. Ehrlich, 125-127 Loockerman Street, approved no change in assessment, $36,100.
On motion of Mr. Hastings, seconded by Mr. Smith, Council approved the recommendation that the assessment on the property of Clifford Ennis & Dorothy Hind located at 218 N. New St. be reduced from $1200 to $900.
On motion of Mr. Smith, seconded by Mr. Hastings, Council approved the recommendation that the assessment on the property of Clifford Ennis & Dorothy Hind located at 224 N. New Street be reduced from $6700 to $6300.
On motion of Mr. Jackson, seconded by Mr. Biggs, Council approved the recommendation that the assessment on the property of the Graysam Corporation, known as the Quality Court Motel - South, be reduced from $237,400 tp $226,900.
TAX RATE
On motion of Mr. Hayes, seconded by Mr. Biggs, Council set the tax rate for the 1967 year at 90¢ per $100 of assessment.
TRAILER REQUEST
On motion of Mr. Hayes, seconded by Mr. Biggs, the request by the Delmarva Poultry Industry concerning the trailers that had been tabled at the last Council Meeting was now brought back onto the floor. The request was to park some 50 trailers within the City Limits during the Chicken Festival on June 22, 23, and 24. On motion of Mr. Hayes, seconded by Mr. Jackson, Council denied this request and asked that this Trailer Association be so informed.
AMENDMENTS TO CITY CHARTER
Municipal Lien Docket - A request has been presented to amend the City Charter to provide for a Lien Docket of the City of Dover. This docket would be known as ‘City of Dover Municipal Lien Docket’. This would contain all liens for municipal improvements for which special assessments are levied and shall contain an index according to the name of the owner against whom the lien has been assessed. All liens would continue in full force until satisfaction by payment in full. This lien docket would be the responsibility of the City Manager’s Office. On motion of Mr. Harris, seconded by Mr. Smith, Council unanimously approved the preparation by the City Solicitor an Act to be presented to the General Assembly of the State of Delaware to amend the Charter of the City of Dover.
Levying Special Assessments - A request has been presented to Council to amend the City Charter to entitle the City of Dover to levy assessments for sewer and water line constructions against the property owner and to record a lien against said property owner. This levy would be placed against the owner of the property at the time of the ordinance establishing the cost of same construction, and a time limit wold be placed in this ordinance for payment of this cost by the property owner in question. On motion of Mr. Holpp, seconded by Mr. Hastings, Council unanimously approved the preparation of an act by the City Solicitor for presentation to the General Assembly of the State of Delaware to amend the Charter of the City of Dover.
CURB DEPRESSIONS
A request to Council to vest the authority of granting curb depressions to the office of the City Manager has been presented to Council. On motion of Mr. Hastings, seconded by Mr. Harris, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE RELATIVE TO THE INSTALLATION OF CURB DEPRESSIONS
WHEREAS, the Mayor and Council are presently vested with the authority to grant permission for the installation, location and/or relocation in curb depressions for curbs within the limits of the City of Dover; and
WHEREAS, it is the desire of the Mayor and Council to transfer said authority pursuant to the general powers as outlined in the Charter of the City of Dover to the City Manager:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET, from and after the passage of this Ordinance
1. No individual, firm, association or corporation shall install, locate, relocate, or in any other way alter the curb depression for the purpose of permitting motor vehicles to enter onto or to move from any of the streets within the limits of the City of Dover without first obtaining permission from the City Manager.
2. Prior to the granting of permission by the City Manager, the said City Manager shall require that all individuals desiring permission as outlined in Section (1) above shall submit to the City Manager, in writing, a request for the location, relocation or installation of a curb depression, and said request shall outline the exact location, the length desired, and said request shall describe the property affected, and shall set forth in as much detail as possible the legal owners of the premises.
3. Any and all persons, as set forth in paragraph (1) above who shall be convicted of a violation of this Ordinance, shall be penalized in the same manner as provided where the Mayor and Council formerly has authority in connection with the granting of requests as provided in paragraph (1) above.
4. Any individual, firm, association or corporation who takes exception to the finding of the City Manager as outlined in paragraphs (1) and (2) above, may appeal the decision of the City Manager to the City Council.
Adopted April 10, 1967
WATER BILL PAYMENTS
A letter was received by Council at its last meeting from a home owner who asked Council to determine who was responsible for the water or utility bill, the home owner or the tenant. Council referred this letter to the City Solicitor. Mr. Buckson, the City Solicitor, stated that the home owner was definitely responsible for all utilities into his home and not the tenant. Mr. Buckson suggested that the City bill the home owner and let him settle with the tenant on his own terms.
NEW FEDERAL OFFICE BUILDING
Mayor Carroll had requested at the time of the exchange of properties between the City of Dover and the Federal Government, information in regards to their plans for construction of the New Federal Office Building to be built on S. New Street. A letter was received this date stating that they plan to start construction in July, 1968 and complete same on July, 1969. The question was raised as to the present buildings located on this property and their availability to homeless vagrants with the warm weather approaching. On motion of Mr. Smith, seconded by Mr. Harris, Council directed the Building Inspector to write to the Public Buildings Service of the Federal Government and request that they raze this property as soon as possible and grade the area to eliminate the problem that was mentioned above.
DOVER-LAMIA SOCIETY
A letter was received from the Dover-Lamia Society requesting that some prominent spot in the City of Dover be named for Lamia, since a number of citizens of that City will be visiting Dover during the upcoming celebration. The triangular piece of land directly in front of the Governor’s House on Kings Highway was the area suggested by the Dover-Lamia Society, and they requested that it be named “Lamia Place”. On motion of Mr. Jackson, seconded by Mr. Hayes, Council approved this request and will have a sign printed to name the piece of land “Lamia Place” for the upcoming celebration.
Council adjourned at 9:45 P.M.
Jay R. Dougherty
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of April 10, 1967 are hereby approved.
April 11, 1967 Crawford J. Carroll Mayor