REGULAR MEETING

December 28, 1964

The Regular Meeting of City Council was held Monday, December 28, 1964 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Hayes, Hughes, Massey, Smith and Walls. Councilmen Harris and Holpp were absent.

The invocation was said by the Rev. Hubert F. Jicha Jr.

MINUTES

Minutes of the meeting of December 14, 1964 were accepted and bore the written approval of Mayor Carroll.

PLACE OF ELECTION

The regular municipal election and a bond referendum are scheduled to be held on January 18, 1965. On motion of Mr. Hayes, seconded by Mr. Smith, Council authorized holding the elections in Grace Fellowship Hall.

REFERENDUM RESOLUTION

City Council considered a resolution providing for a referendum election on the issuance of $2,000,000 general obligation bonds of The City of Dover. Councilman Walls moved for the adoption of the following resolution:

RESOLUTION PROVIDING FOR A REFERENDUM ELECTION ON THE ISSUANCE OF $2,000,000 GENERAL OBLIGATION BONDS OF THE CITY OF DOVER FOR PURPOSES AS LISTED HEREIN.

WHEREAS, the Mayor and Council of The City of Dover is authorized by the provisions of Section 50 (b) of Chapter 158 of Volume 36 of the Laws of Delaware, as amended by Chapter 112 of Volume 52 of the Laws of Delaware, to borrow on the faith and credit of The City of Dover sums of money for such purposes as may be deemed necessary and proper by the Mayor and Council of the said City; and

WHEREAS, the Mayor and Council of The City of Dover hereby deem it necessary and proper to borrow the sums of money hereinafter set forth for the purposes hereinafter set forth, which purposes are consistent with the powers conferred upon the Mayor and Council of The City of Dover, be said Chapter 158 of Volume 36 of the Laws of Delaware, as amended, for the management and maintenance of said City; and

WHEREAS, the issuance of bonds of The City of Dover for said purposes must be approved by a referendum vote of the qualified voters of The City of Dover and the Council desires to make provisions for the calling and holding of a referendum to vote on the issuance of such bonds:

NOW, THEREFORE, BE IT RESOLVED by the Council of The City of Dover as follows:

Section 1. The question of whether the qualified voters of The City of Dover shall approve the issuance of bonds of the total aggregate principal amount of $2,000,000 for the purposes hereinafter set forth, which purposes constitute a general project for the improvement of said City, shall be submitted to the qualified voters of said City at a referendum to be held in said City on the 18^th day of January, 1965.

Section 2. Said purposes and the respective portion of the bond issue to be allocated to each purpose, are as follows:

            (a) Construction, extension and improvement of sanitary sewers and sewer plants

                  in the City                                                                                     $500,000

            (b) Construction, enlargement, improvement and extension of the water system of

                  the City                                                                                                     $500,000

            (c) Improvement of the electric light plant of the City by the installation of street

                  lights and signal system in and along public highways                            $300,000

            (d) Construction and equipment of a public building for the use of the Police

                  Department of the City                                                                             $400,000

            (e) Improvement of public streets in the city and the acquisition of lands or rights-

                  in-land required therefore                                                                         $300,000

Section 3. The City Clerk of said City is hereby authorized and directed to publish a Notice of Referendum in substantially the following form:

NOTICE OF REFERENDUM

THE CITY OF DOVER, DELAWARE

NOTICE IS HEREBY GIVEN that a referendum will be held in The City of Dover, Delaware on the 18^th day of January, 1965, for the purpose of submitting the question whether the qualified voters of The City of Dover shall approve the issuance of bonds of said City of the aggregate principal amount of $2,000,000 to finance the construction, improvement, enlargement and extension of sanitary sewers and sewer plants and the water system of said City, the improvements of the electric light plant of the City by the installation of street lights and signal system, the construction and equipment of a building to be used by the Police Department of the City, and for improvements of the public streets in the City, comprising of a general improvement project for said City.

In the event that the qualified voters approve the issuance of said $2,000,000 in bonds said bonds will by issued on the faith and credit of The City of Dover, and the proceeds will be used as follows:

            (a) For the construction, extension and improvement of sanitary sewers and sewer

                  plants                                                                                                        $500,000

            (b) For the construction, enlargement, improvement and extension of the water

                  system of the City                                                                                    $500,000

            (c) For the improvement of the electric light plant of the City by the installation of

                  street lights and signal system in and along public highways                  $300,000

            (d) For the construction and equipment of a public building for the use of the Police

                  Department of the City                                                                             $400,000

            (e) For the improvement of public streets in the city and the acquisition of lands or

                  rights-in-land required therefore                                                              $300,000

Said referendum will be held in accordance with Section 50 (c) of the Charter of The City of Dover, as amended by Chapter 318, Volume 49, Laws of Delaware, and shall be held at the Grace Fellowship Hall, Dover, Delaware, between the hours of 2 o’clock, P.M. and 7 o’clock, P.M., Eastern Standard Time.

William A. Hayes has been appointed Judge and Randolph Hughes and Carleton Walls have been appointed Clerk for the purpose of passing upon the qualifications and number of votes of each voter and of conducting the referendum.

At said referendum election every resident and non-resident taxable of the City, of the age of twenty-one years, or upwards who has, by the time of voting, paid all City taxes theretofore assessed to him and/or assessed against the property he owns at the time of the referendum election, shall be entitled to vote and shall have one vote for each dollar, or fractional part of a dollar, of taxes paid by him according to the last city assessment and tax payment records preceding the referendum election. The Judge of the election shall note on the outside of each ballot, before he deposits the ballot in the ballot box, the number of votes to which each voter is entitled, in accordance with City assessment and tax payment records.

At said referendum election voters will be provided with ballots upon which shall be printed “FOR BOND ISSUE” and “AGAINST BOND ISSUE”.

By order of the Mayor and Council of The City of Dover,

Dated:                                                                                                  City Clerk of The City of Dover

Said notice shall be published once a week for three consecutive weeks in the Delaware State News and in the Wilmington Morning News, being newspapers published and/or circulated in The City of Dover.

Section 4. The polls for said referendum shall be opened and closed at the times and at the place stated in said notice. The respective persons named as Judge and Clerk of Election in said notice are hereby appointed to be such Judge and Clerks and are hereby authorized to pass upon the qualifications and number of votes of each voters and to conduct such referendum.

Section 5. The City Manager is hereby designated to attend the referendum with the last City assessment and tax payment records for the inspection of election officials, and the City Clerk is hereby authorized and directed to prepare sufficient ballots in the following form for use at such referendum.

BALLOT FOR REFERENDUM ON BOND ISSUE

OF THE CITY OF DOVER, DELAWARE

                HELD ON JANUARY 18, 1965

(1)Indicate your preference by making a clearly legible mark by pencil or in ink in the square to the left of the words “For Bond Issue” and “Against Bond Issue”; or

            (2) Indicate your choice by striking out the alternative to which you are opposed; or

(3)Indicate your choice by marking the appropriate square to the left of the alternative your favor and by striking out the alternative you oppose.

            (4) Any other writing and/or form of marking the ballot shall render it void.

---

 

Referendum for the issuance of bonds upon the faith and credit of The City of Dover in the maximum principal amount of $2,000,000 for the construction, improvement, enlargement and extension of sanitary sewers and sewer plants and the water system of said City, the improvement of the electric light plant of the City by the installation of street lights and signal system, the construction and equipment of a building to be used by the Police Department of the City, and for improvements of public streets in the City, comprising a general improvement project for said City.

 

                                                                        For Bond Issue

 

                                                                        Against Bond Issue

Councilman Massey seconded the motion and the motion was adopted. Those voting for the motion were Messrs. Biggs, Hayes, Hughes, Massey, Smith and Walls. Messrs. Harris and Holpp were absent. No one voted against it.

MUNICIPAL ELECTION

With the approval of City Council, Mayor Carroll appointed Alderman Cavanaugh and Councilman Hayes and Hughes to conduct the Municipal Election on January 18, 1965. Councilmen Massey and Walls were named alternate officials. On motion of Mr. Hughes, seconded by Mr. Walls, Council authorized the City Clerk to provide for voting machines, sample ballots and Election Clerks.

MID DEL REZONING

A public hearing had been duly advertised for December 14 on a request to rezone from R-8 to C-1 use a plot adjacent to former lands of Mid-Del Realty on the east side of Mitscher Road south of White Oak Road. The hearing had been continued to this date. Mayor Carroll declared the hearing reopened. Property owners on the north side of the White Oak Road appeared to object to the rezoning and presented a petition signed by 20 individuals or property owners. Kendall Gibbs, property owner just outside the City limits to the east, also objected. All the petitioners were not aware that the request was for extension of an area already zoned for commercial use. When informed of this, they still objected. No one spoke for the request. When all were heard Mayor Carroll declared the hearing closed. Mr. Hayes, seconded by Mr. Massey, moved that the request to rezone be denied. Council approved the motion by vote of 5 to 1, Mr. Hughes voting ‘No’.

RICHARDSON REZONING

William P. and Harry A. Richardson requested that the property at 105 S. State Street be rezoned from RG0 to C1A use. A public hearing is required prior to rezoning. On motion of Mr. Hayes, seconded by Mr. Walls, Council adopted the following resolution by vote of 5 to 1, Mr. Hughes voting ‘no’. The request was also referred to the Planning Commission.

A RESOLUTION SETTING FORTH TIME AND PLACE FOR 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 on the south side of Budd Street, between Kings Highway and State Street are presently zoned for RG0 use, and

WHEREAS, a request has been received to change the zone designation from RG0 to C-1A Commercial use, and

WHEREAS, a public hearing is required prior to amending the Zoning Ordinance or Zoning Map 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 a public hearing be held at City Hall at 8:00 P.M. on January 25, 1965 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would change from RG0 to C-1A use that area bounded on the north by Budd Street, on the east by Kings Highway, on the west by State Street and on the south by lands of Charlotte Tuller, and being lands now or formerly of the W.W. Richardson Estate.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

Adopted December 28, 1964.

TORBERT ZONING

William C. Torbert requested that 8 lots on the west side of Spruance Road north of the North Little Creek Road be rezoned from R-8 to RG-2 use. He proposes to construct an apartment house in the area. A public hearing is required prior to rezoning. On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous vote adopted the following resolution and referred the request to the Planning Commission.

A RESOLUTION SETTING FORTH TIME AND PLACE FOR 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 on the West side of Spruance Road, north of North Little Creek Road, being lots 38 through 45 of Block D in a Plat called “Dover Heights”, are now zoned for residential, R-8, use, and

WHEREAS, a request has been received to change the zone designation from single family, R-8, to General Residence, RG-2 use, and

WHEREAS, a public hearing is required prior to amending the Zoning Ordinance or Zoning Map 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 a public hearing held at City Hall at 8:15 P.M. on January 25, 1965 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would change from R-8 to RG-2 use, eight 50'x150' lots on the west side of Spruance Road, being lots numbered 38 through 45, in Block D of a Plat known as ‘Dover Heights’ dated November, 1946, which lots begin at a certain 15' alley located approximately 165' north of the North Little Creek Road.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

Adopted December 28, 1964.

PROJECTOR

Council considered the purchase of a projector and stand for use in the Council chamber on which a price has been received of $360.50 from Photo Center, Inc. of Wilmington, Delaware. Council discussed the possibility of obtaining other prices. On motion of Mr. Hughes, seconded by Mr. Walls, Council authorized purchase of a projector at the discretion of the City Manager.

ORDINANCE

Chief of Police Turner explained to Council a proposed ordinance locating a USO bus stop on the east side of New Street just south of Loockerman Street. On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous vote passed the following ordinance:

AN ORDINANCE CREATING A BUS STOP ZONE AT THE CORNER OF NEW STREET AND LOOCKERMAN STREET AND RESTRICTING THE PARKING OF MOTOR VEHICLES IN SAID ZONE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET, that from and after the passage of this ordinance:

1. No person, firm, association or corporation shall park or allow to remain parked any motor vehicle, with the exception of the bus utilized for the purpose of transporting personnel to and from the headquarters and location of the U.S.O., on that portion of the East side of South New Street beginning at a point 62 feet south of the intersection of the Easterly line of South New Street and the Southerly line of Loockerman Street and running Northerly therefrom for a distance of 42 feet.

2. That restriction against the parking of motor vehicles as described in Paragraph 1 above shall begin at 12:00 noon and continue until 12:00 midnight and shall remain in effect daily without exception, commencing on or about the 10^th day of January, 1965.

3. The Police Department of the City of Dover is further authorized and empowered to install, place or locate at the area described above, the necessary signs and symbols setting forth the parking limitation as prescribed above.

4. Any person, firm, association or corporation violating the provisions of this ordinance shall, upon conviction, be fined not less than $2.00 nor more than $10.00, and each day that the offense continues, shall be deemed for the purpose of this ordinance a separate offense.

Passed December 28, 1964.

SIDEWALKS

Councilman Hughes observed that many sidewalks in the City are uneven and raised by tree roots and expressed his opinion that the ordinance requiring property owners to repair sidewalks should be enforced.

Mayor Carroll expressed the pleasure of the Council at the recovery and return of Mr. Smith from a recent illness.

Council adjourned at 8:20 P.M.

                                                                        City Clerk

All ordinances, orders and resolutions adopted by City Council at its meeting of December 28, 1964 are hereby approved.

Crawford J. Carroll

                                                                        Mayor

December 30, 1964