Regular City Council Meeting
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Dec 9, 1963 at 12:00 AM

REGULAR MEETING

December 9, 1963

The Regular Meeting of City Council was held Monday, December 9, 1963 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Harris, Hayes, Hill, Holpp, Hughes, Smith and Walls.

MINUTES

Minutes of the meeting of December 2, 1963 were accepted and bore the written approval of Mayor Carroll.

REPORTS

Report of the Chief of Police for November was accepted as read.

Report of the Alderman Cavanaugh was accepted. Checks in the amounts of $458.50, $117.00 and $171.00 were remitted to the City. Report of Magistrate Knotts was accepted. A check in the amount of $568.00 was remitted to the City.

Report of the Fire Marshal and Building Inspector was accepted as read.

Report of the Board of Health was accepted as read.

Report of Cash Receipts, General Fund, was accepted.

General Fund Budget Report was accepted as read.

Cash Report, Electric Revenue Fund, was accepted.

Cash Report, Electric Improvement Fund, was accepted.

Report of the City Manager was accepted as read.

CURB DEPRESSION

The Penn Jersey Auto Store on S. Governors Avenue requested permission to depress the curb for entrance and exit driveways to its store now under construction. Chief Turner has examined the site and recommended that the proposed northern driveway be moved ten feet further south. On motion of Mr. Smith, seconded by Mr. Hayes, Council approved the request for curb depressions, as recommended by Chief Turner.

LAND SUBDIVISION REGULATIONS

The Committee of Council appointed for the purpose reported they had met on December 6 to review the Land Subdivision Regulations and a written record of the meeting was submitted to Council. Although several changes were recommended, their study is not yet complete. They will probably consult with John Cahalan, New Castle County engineer before making final recommendations. Councilman Walls will inform Dover’s Planning Commissions of the committee’s deliberations. On motion of Mr. Smith, seconded by Mr. Harris, the report was accepted.

On motion of Mr. Holpp, seconded by Mr. Hill, the Clerk was directed to write the Planning Commission requesting that they hold in abeyance the approval of any development plans calling for streets with a paved surface of less than 38' curb to curb, as recommended by the committee of Council on Land Subdivision Regulations.

CONTRACT NO. 14

Bids were received today from four firms on Contract No. 14, White Oak Farms Sewage Pumping Station, Intercepting Sewer and Force Main. Low bidder was Wicomico Construction Co., P.O. Box 218, Delmar, Maryland at a total price of $76,486.10. On motion of Mr. Holpp, seconded by Mr. Hayes, Council approved award of the contract to the low bidder, Wicomico Construction Company at their price of $76,486.10, subject to review and approval of the bid by the Federal HEW agency concerned with a 30% Federal grant.

UTILITY COMMITTEE

Councilman Holpp submitted a written report of a meeting of the Utility Committee held December 3, 1963. The report was primarily concerned with water and sewer extensions in the Towne Point and White Oak Farms developments. An alternate route of extending water to the Towne Point development by way of U.S. 13 was proposed. On motion of Mr. Hill, seconded by Mr. Hayes, report of the Utility Committee was accepted.

Herman Brown, Attorney for P&B developers of White Oak Farms, answered questions relating to participation by his clients in the cost of sewer and water utilities and pointed out they had received a proposed breakdown on costs of sewer and water mains but had no meeting with City officials and had received no proposal for allocation of costs of the sewage pumping station. City Manager Ward pointed out that bids had just been received on construction of the sewage pumping station, and discussed the possible allocation of costs on the basis of estimated population which the station could serve. After much discussion it was decided that representatives of the two developers and of the City should meet and attempt to reach agreement while Council continued on with other business which was before it.

ORDINANCE STATE STREET AND THE GREEN

Council considered an ordinance prepared by the city Solicitor at its direction which would ban parking in certain spaces at an intersection of State Street and The Green. On motion of Mr. Hayes, seconded by Mr. Biggs, Council by unanimous vote adopted the following ordinance.

AN ORDINANCE PROHIBITING PARKING ON A PORTION OF THE EAST SIDE OF STATE STREET IMMEDIATELY ADJACENT TO THE INTERSECTION OF THE GREEN AND STATE STREET WHERE THE TRAFFIC ENTERS STATE STREET FROM THE GREEN IN A WESTERLY DIRECTION.

WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to prohibit parking on that portion of State Street referred to above in order that the vision of those drivers entering State Street from The Green shall not be obstructed or impaired, and

WHEREAS, the Chief of Police of the City of Dover is authorized and empowered to enforce traffic regulations

NOW, THEREFORE, BE IT ORDAINED By The Mayor and Council in Council Met that:

1. From and after the passage and approval of this ordinance shall be unlawful for any person, firm, association or corporation to park or allow to be parked any motor vehicle on that portion of the east side of State Street for a distance of 72' measured south along State Street from a point where the southerly right of way line of The Green intersects the easterly right of way line of State Street said point being measured from the intersection where traffic proceeds in a westerly direction entering State Street from The Green.

2. From and after the passage of this ordinance it shall be unlawful for any person, firm, association or corporation to park or allow to be parked any motor vehicle on that portion of the east side of State Street for a distance of 48' measured north along State Street from a point where the northerly right of way line of The Green intersects the easterly right of way line of State Street said point being measured from the intersection where traffic proceeds in a western direction entering State Street from The Green.

3. The Police Department of the City of Dover is hereby authorized and empowered to install traffic signs and/or yellow curbing at the areas provided above designating these areas as no parking.

3. Any person or persons violating any of the provisions of this ordinance and upon conviction thereof shall be fined not less than One ($1.00) Dollar nor more than Twenty-Five ($25.00) Dollars for each separate offense, and in lieu of the payment of any fine imposed by the Alderman, or upon failure to pay such fine, shall be imprisoned not less than one (1) day nor more than ten (10) days.

Passed December 9, 1963.

ASSESSMENT NOTICE

On motion of Mr. Harris, seconded by Mr. Hill, Council directed the City Assessor to notify out-of-two property owners in writing of any assessment of re-assessment of their property.

ROSS STREET

City Solicitor Buckson reported to Council on the status of the case in the court of Chancery involving the City of Dover and Villa Developers and Frank Robino on the matter of widening the extension of Ross Street through the Fairview Development. Decision is reserved pending the filing of briefs on behalf of both parties.

UTILITY COST AGREEMENT

Representative of Towne Point and White Oak Farms developments and the City Manager returned to the meeting and reported to Council that agreement had been reached on the basis for pro-rating costs of the sewage pumping station project, $76,486.10 will be divided by the number of homes it can serve, tentatively set at 800, to determine the cost per home. The developers and the City will pay this unit cost multiplied by the number of homes that are attached to the facility. White Oak Farms now has plans for 191 homes, Towne Point for 205. Any Federal grant in aid received will be credited to the City only. A 12" sewer line and a 10" water line will be constructed in Nimitz Road with monies advanced by the Towne Point developers with no interest charge for two years. The total cost of these lines is estimated at $36,755.60. Of this Towne Point will pay $1678.48, White Oak Farms $29,322.12 and the City of Dover, $5755.00. White Oak Farms agrees to pay their share within two years. The unit cost of the pumping station will be made a lien against each lot in the developments. On motion of Mr. Holpp, seconded by Mr. Hayes, Council approved the agreement and directed the City Solicitor to prepare the necessary written agreement covering the conditions outlined.

Council adjourned at 10:55 P.M.

                                                                        City Clerk

All ordinances, orders and resolutions adopted by City Council at its meeting of December 9, 1963 are hereby approved.

Crawford J. Carroll

                                                                        Mayor

December 11, 1963