REGULAR MEETING
July 10, 1972
The regular meeting of City Council was held on Monday, July 10, 1972 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Harris, Hayes, Holmes, Holpp, Legates, Muir and Walls.
The invocation was said by the Rev. Miller, Former Chaplain of Dover Air Force Base.
MINUTES
The minutes of the regular Council meeting of June 26, 1972 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police report for the month of June was accepted.
Building Inspector & Fire Marshal report for the month of June was accepted.
City Planner report for the month of June was accepted.
Alderman report for the month of June was accepted, fines in the amount of $627.00 were remitted.
Cash Receipts, General Fund, for the month of June were accepted.
Budget Report, General Fund, for the month of May was accepted.
Cash Receipts, Electric Revenue Fund, for the month of June were accepted.
Cash Receipts, Electric Improvement Fund, for the month of June were accepted.
City Manager report for the month of June was accepted.
FARMER’S BANK - TEMPORARY OFFICE
Mr. Roe, Building Inspector, reported that he had been in contact with the Farmer’s Bank and they are submitting plans to the Planning Commission for the erection of a permanent facility on the northeast corner of Hartly and Kenton Roads. They were also requesting permission for a temporary facility for a nine (9) month period, maximum, during construction of the new bank. He is recommending to Council that permission be granted. On motion of Mr. Biggs, seconded by Mr. Muir, Council by unanimous roll call vote approved the installation of a temporary banking facility by the Farmer’s Bank on land they own located on the northeast corner of Hartly-Kenton Roads for a period not to exceed nine months.
ANIMAL ORDINANCE
On motion of Mr. Hayes, seconded by Mr. Muir, Council by unanimous roll call vote adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Dover Municipal Code be and the same hereby is amended by adding a new article and section to read as follows:
ARTICLE IV. ANIMALS - UNNECESSARY NOISES MADE BY THE SAME.
Section 7-23. No person shall keep or maintain any animal which by causing frequent or long continued noise shall disturb the comfort or repose of any person in the City. Such action is declared to be a public nuisance and detrimental to the public health and welfare.
Section 7-24. Abatement of Nuisance created by unnecessary noises by animals. It shall be the duty of every policeman and dog catcher to act upon complaints made by persons concerning animals violating provisions of Section 7-23. Each policeman and dog catcher investigating the same shall give 48 hours notice to the persons owning or having control of any animal causing frequent or long continued noise such as to disturb the comfort or repose of persons in the City. The person owning or controlling said animal shall have a period of 48 hours from the date of receipt of said notice to abate the nuisance by disposing of the animal or by controlling said animal shall fail to do so within said period of time and of the animal continues to cause noise as it has in the past, the the person owning or controlling said animal shall be deemed to be maintaining a public nuisance and shall be subject to a fine in the amount prescribed by ordinance per day until such nuisance is abated.
ADOPTED JULY 10, 1972
VEHICLES - CITY OWNED LAND
On motion of Mr. Walls, seconded by Mr. Muir, Council by unanimous roll call vote adopted the following ordinance.
AN ORDINANCE GOVERNING VEHICLE TRAFFIC IN ALL PARK AREAS AND OTHER CITY OWNED LANDS.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That in city parks and city lands where an existing roadway exists all vehicular traffic shall be restricted to the roadway or designated parking areas.
2. City parks and on city lands where no roadway exists all vehicles shall be prohibited.
3. For purpose of this ordinance roadway shall mean roadway as defined in Title 21 Delaware Code. For purposes of this ordinance a vehicle is as defined in Title 21 Delaware Code.
4. Penalty as provided by Dover City Ordinance Section 1.12.
ADOPTED JULY 10, 1972
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playgrounds & Trees Committee meeting held on July 6, 1972 was presented by Chairman Walls. On motion of Mr. Hayes, seconded by Mr. Muir, Council accepted the report as presented.
DOVER LITTLE LEAGUE
The Parks Committee has reviewed the request of the Dover Little League for some assistance from the City of Dover in their plight to pay off some of the indebtness incurred during the construction of their new facility on Horsepond Road. Their total indebtness amounts to Approximately $32,000, including a first mortgage on the land. The Committee has recommended that the City underwrite a loan in this amount pending an agreement with the Dover Little League. A part of this agreement would be that the Dover Little League would deed the land to the City, and that the loan would be repaid within a five (5) year period. After much discussion by Council, a motion was made by Mr. Walls, seconded by Mr. Harris, and a roll call vote of unanimous opinion, that the City would underwrite a loan for the Dover Little League as recommended by the Parks Committee, except that the repayment would be made within a two (2) year period, and the land deeded to the City.
ST. JONES RIVER DEVELOPMENT PROJECT
The Parks Committee had received a report from Mr. Dudley Willis, engineer with Richardson & Associates, on the development of the St. Jones River area into a recreational facility. Mr. Willis, stated that this work and planning had started back in the 50's and was not progressed beyond the planning stages. The general feeling of the Committee and Mr. Willis is that this is a worth-while project and should be investigated for the further study of this area. On motion of Mr. Harris, seconded by Mr. Hayes, Council support in writing to the Kent County Levy Court an endorsement to lend any assistance necessary in the further study of the development of the St. Jones River area as a recreational facility that is felt will be beneficial to both the City and the County.
FOX HALL LAKE
The Parks Committee has studied with the staff of the City the proposal of the construction of a lake in the area of the Fox Hall Plantation and Maple Dale Country Club. This area has been investigated by the State of Delaware and the developer of Fox Hall Plantation, Dr. James McClements, has deeded and /or agreed to deed approximately 115 acres to the State of Delaware for the use in the lake area and for other recreational facilities that would be supported by this lake. The Committee is recommending to Council that they endorse the concept of this facility and request of the State of Delaware further studies that would determine if this lake concept is feasible. On motion of Mr. Legates, seconded by Mr. Harris, Council directed that a formal request be made to the State of Delaware for a more detailed study of this lake project.
COOK & SMITH REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of property located on the corner of Lotus and State Street, 1113 S. State Street, owned by Cook & Smith Inc. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has recommended approval of this request. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Holmes, Council by unanimous roll call vote adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE PROPERTY LOCATED AT 1113 SOUTH STATE STREET, FROM R-8 TO C-1A USE.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within 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 C-1A on that property described below.
NOW, THEREFORE, BE IT RESOLVED 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 Ordinance and Zoning Map of the City of Dover shall be amended by changing the zoning designation from R-8 to C-1A on that property located at 1113 South State Street, owned by Cook & Smith Inc., and containing approximately .88 acres.
ADOPTED JULY 10, 1972
KATCHER REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of property located on east side of U.S. Route 113, owned by Abraham Katcher. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has recommended approval of this request. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous roll call vote adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE PROPERTY LOCATED ON THE EASTSIDE OF U.S. ROUTE 113, OWNED BY ABRAHAM KATCHER, FROM R-20 TO C-4 USE.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use from R-20 to C-4 on that property described below.
NOW, THEREFORE, BE IT RESOLVED 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 Ordinance and Zoning Map of the City of Dover shall be amended by changing the zoning designation from R-20 to C-4 on that property located on the eastside of U.S. Route 113, owned by Abraham Katcher, and containing approximately .65 acres.
ADOPTED JULY 10, 1972
CHARLES PIETSCH REZONING REQUEST
A request has been received from Mr. Charles Pietsch to rezone land he owns located at 1100 South Little Creek Road. A public hearing is required prior to amending the Zoning Map. On motion of Mr. Hayes, seconded by Mr. Muir, Council adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located at 1100 South Little Creek Road is presently zoned for R20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Ordinance and Map.
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 in City Hall on August 14, 1972 at 8:00 P.M. on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezone from R-20 to RG-3 that property located at 1100 South Little Creek Road, owned by Mr. Charles F. Pietsch, equitable owner being J. J. Nuttall, Inc., and containing approximately 12.263 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JULY 10, 1972
CONTRACT AWARDS - UNIT #3 - McKEE RUN STATION
Bids were received on Job 568-J1, Instruments and Controls, for Unit #3. There were four bids received with the low bidder being Fischer & Porter at a bid price of $339,924. The engineers’ estimate was $355,000. On motion of Mr. Legates, seconded by Mr. Hayes, Council accepted the recommendation of Laramore, Douglass & Popham and awarded the contract of Job 568-J1 to the low bidder, Fischer & Porter at the bid price of $339,924.
Bids were received on Job 568-J2, Control Valves and Controllers, for Unit 3. There were four bids received with the low bidder being Kieley & Mueller at a bid price of $20,750. The engineers’ estimate was $30,000. On motion of mr. Legates, seconded by Mr. Muir, Council accepted the recommendation of Laramore, Douglass & Popham and awarded the contract for Job 568-J2 to the low bidder, Kieley & Mueller at the bid price of $20,750.
Bids were received on Job 601-P1, 69KV Switching Station, for the 69KV System. There were six bids received with the low bidder being Graybar Electric Company at a bid price of $169,427.32. The engineers’ estimate was $180,000. On motion of Mr. Hayes, seconded by Mr. Holmes. Council by unanimous roll call vote awarded the contract for Job 601-P1 to the low bidder, Graybar Electric Company at the bid price of $169,427.32.
ASST. FIRE CHIEF CAREY RESIGNATION
A letter was received from Donald Carey, Assistant Fire Chief of Robbins Hose Company, stating that being he recently moved and was no longer residing in the fire territory of the Robbins Hose Company, he was at this time resigning from that position, with regret, and expressing his pleasure at having had the opportunity to serve Robbins Hose Company. On motion of Mr. Harris, seconded by Mr. Legates, Council accepted the resignation of Mr. Carey and requested that the City Manager’s Office write a letter to Mr. Carey thanking him for his service in the past.
COUNCIL ADJOURNED AT 8:55 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of July 10, 1972 are hereby approved.
Crawford J. Carroll
Mayor
July 11, 1972