REGULAR MEETING
January 14, 1974
The Regular Meeting of City Council was held on Monday, January 14, 1974 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Biggs, Hayes, Holmes, Holpp, Legates, Muir and Walls. Councilman Harris was absent.
MINUTES
The minutes of the Council meeting of December 10, 1973, were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police report for month of December was accepted.
Building Inspector and Fire Marshal report for month of December was accepted.
City Planner report for month of December was accepted.
Alderman Report for December was accepted, fines in amount of $817 were remitted.
Cash Receipts, General Fund, for month of December were accepted.
Budget Report, General Fund, for month of October was accepted.
Cash Receipts, Electric Revenue Fund, for month of December were accepted.
Cash Receipts, Electric Improvement Fund, for month of December were accepted.
City Manager’s report for month of December were accepted.
J. P. COURT #7 - DECEMBER
The monthly report for the J. P. Court #7 for the month of December was received with a check in the amount of $6,383.60. Deferred payments due the City of Dover as of December 31, 1973, amounted to $26,839.13. On motion of Mr. Hayes, seconded by Mr. Muir, Council accepted the report as presented.
DOVER HOUSING AUTHORITY
On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous roll call vote re-appointed Mr. Howard Stevenson as Chairman of the Dover Housing Authority for another six (6) year term.
GALBER REQUEST
A request was received from Mr. Stewart H. Galber for city water to his shop on South Governors Avenue. This property is presently outside the City limits and it is the recommendation of the Utility Committee that this request be denied. On motion of Mr. Legates, seconded by Mr. Walls, Council accepted the recommendation of the Utility Committee and denied the water service to Mr. Galber.
WHITE OAK APARTMENTS
A request was received from Mr. Lewis Knauer, representing the White Oak Apartments, that the City consider allowing apartment projects to become eligible for budget billing for electric heat. The present policy adopted by the Council allows this type of billing only for single family residences. It is the recommendation of the Utility Committee that apartment units be added to the current regulation which allow budget billing. On motion of Mr. Legates, seconded by Mr. Holmes, Council authorized the City Manager to have the City Solicitor to draw up a contract for budget billing for apartment residences to be presented to Council at its next meeting.
MIDDLE WEST SERVICE COMPANY
A letter was received from the Middle West Service Company, our consultant engineers on the power plant construction, requesting their fee of $3,250 per year plus out of pocket expenses be raised to $6,000. It is the recommendation of the Utility Committee that the annual fee of Middle West Service be raised to $6,000 per year. On motion of Mr. Hayes, seconded by Mr. Muir, Council by unanimous roll call vote accepted the recommendation of the Utility Committee and raised the fee to $6,000 for the Middle West Service.
MILLER REQUEST
A request was received from Mrs. Harry C. Miller, 1019 South Governors Avenue, for city sewer service. It is the recommendation of the Utility Committee that this request be denied. On motion of Mr. Legates, seconded by Mr. Muir, Council denied the request of Mrs. Miller for sewer service to 1019 South Governors Avenue.
ENNIS REQUEST
A request was received from Mr. Clifford N. Ennis of Forrest Street for city water. This property is presently outside the City limits and is within the area presently under litigation in the Courts. It is the recommendation of the Utility Committee that this request be denied. On motion of Mr. Hayes, seconded by Mr. Walls, Council accepted the recommendation of the Utility Committee and denied the request of Mr. Ennis for water service.
POST OFFICE BUILDING
A letter from Mr. Charles Kahn, Jr., representing the owners of the Post Office, was received for the City to purchase the Post Office building. The City presently owns the land the building is constructed on and at the end of the lease in 1995 the building automatically reverts to the City under the terms of the lease. It is the recommendation of the Utility Committee, that under these circumstances that the offer be refused and that Mr. Kahn be advised. On motion of Mr. Hayes, seconded by Mr. Muir, Council accepted the recommendation of the Utility Committee.
PARADEE BULK STORAGE PLANT
It is the recommendation of the Utility Committee that the request of Paradee Oil Company for erection of a one million gallon storage tank on their property situated at the corner of US Route 13 and State Route 88, be denied due the severe strain on water system throughout the city was well as in that area and the adverse effect on properties should a fire occur in that area. On motion of Mr. Holpp, seconded by Mr. Walls, Council accepted the recommendation of the Utility Committee and denied the request of Paradee Oil Company for the erection of a one million gallon storage tank on their property.
IPM AND M ZONES - STORAGE TANKS
It is the recommendation of the Utility Committee that the Fire Marshal be instructed to have an ordinance drawn which would allow above ground storage tanks for fuel and supplies in the IPM and M zones of the material is used for on-site consumption. This ordinance is to be presented to Council for their study and recommendations. On motion of Mr. Legates, seconded by Mr. Walls, Council accepted the recommendation of the Utility Committee.
CITY HALL FURNISHINGS
It is the recommendation of the Utility Committee that the City Manager be authorized to furnish the upstairs offices and the Council Chambers with the necessary furniture not to exceed the balance of the money in the bond fund for the City Hall construction. On motion of Mr. Hayes, seconded by Mr. Muir, Council accepted the recommendation of the Utility Committee.
BOND COUNSEL
The Utility Committee advised that representatives of Merrill Lynch, Pierce, Fenner and Smith, Laramore, Douglass and Popham and the bond counsel will be in Dover on January 23, 1974 at 11 A.M. to meet with the members of Council who can be present to discuss construction and financing of the proposed Unite #4 in the City Electric System.
UTILITY COMMITTEE
A written report of the Utility Committee meeting held on January 8, 1974, was presented by Chairman Holpp. On motion of Mr. Hayes, seconded by Mr. Walls, Council accepted the report as presented.
PARKS, PLAYGROUNDS AND TREES COMMITTEE
A written report of the Parks, Playgrounds and Trees Committee was presented by Chairman Walls. On motion of Mr. Legates, seconded by Mr. Biggs, Council accepted the report as presented.
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee was presented by Chairman Walls. On motion of Mr. Holmes, seconded by Mr. Biggs, Council accepted the report as presented.
BARABA REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on the south side of Horsepond Road, owned by Emil D. Baraba. 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 rezoning request. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Holmes, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Harris, approved the rezoning and 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 LAND LOCATED ON THE SOUTH SIDE OF HORSEPOND ROAD FROM R-20 TO M 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 of the property described below from R-20 to M use.
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 Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-20 to M on that property located on the south side of Horsepond Road, owned by Emil D. Baraba and containing approximately 14.96 acres.
ADOPTED JANUARY 14, 1974
RIZZO REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on the south side of Horsepond Road next to Dover Air Force Base, owned by Joseph Rizzo and Son Construction Company. 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 rezoning request. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Hayes, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Harris, approved the rezoning and adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED ON THE SOUTH SIDE OF HORSEPOND ROAD NEXT TO DOVER AIR FORCE BASE FROM R-20 TO M 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 of the property described below from R-20 to M use.
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 Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-20 to M on that property located on the south side of Horsepond Road next to Dover Air Force Base, owned by Joseph Rizzo and Son Construction Company, and containing approximately 56.3 acres.
ADOPTED JANUARY 14, 1974
ELECTION OFFICIALS
On motion of Mr. Hayes, seconded by Mr. Muir, Council appointed Mr. Holpp and Mr. Walls as the Election Officials for the Municipal Election of 1974. Mr. Biggs and Mr. Legates were designated as their alternates.
ALLEN J. COOK RESOLUTION
On motion of Mr. Hayes, seconded by Mr. Walls, Council adopted the following resolution.
WHEREAS, Allen J. Cook, who was born on September 19, 1919, served twenty-four years of faithful and dedicated service to Kent County and the State of Delaware; and
WHEREAS, in November of 1949 Allen J. Cook commenced his service to the State of Delaware when he was elected a member of the House of Representatives in which office he served through 1953; and
WHEREAS, in 1954-55 Allen J. Cook served the citizens of Kent County as Sheriff of Kent County; and
WHEREAS, Allen J. Cook was elected to the State Senate in 1956 and served in that position until his untimely death on January 9, 1974; and
WHEREAS, during the twenty-four years of devoted service to the people of the State of Delaware he saw the State grow in population and the many problems of State government become more complex as time went on and even cognizant of this fact, he still was able to devote his time and effort to his constituents.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council express their extreme appreciation and sincere gratitude to Mrs. Cook and the family of Senator Cook for his dedicated service to the people of the State of Delaware over a period of twenty-four years in the responsible and important positions held by him.
2. That Mayor and Council express their deep regret and sympathy over the untimely death of Senator Allen J. Cook.
3. The Mayor and Council direct the City Clerk to make this Resolution a permanent record of the City of Dover in living memorial to Senator Allen J. Cook.
ADOPTED JANUARY 14, 1974
REZONING REQUESTS
Four (4) rezoning requests were presented to Council to be set for public hearings and to be referred to the Planning Commission for their recommendations. Council adopted the following resolutions and referred them to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on Walker Road is presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance 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 in City Hall on February 25, 1974, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-20 to RG-0 that property located on Walker Road, owned by Townsend Timlinson, equitable owner being Ellinore Wahba.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JANUARY 14, 1974
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on Walker Road is presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance 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 in City Hall on February 25, 1974, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-20 to RG-0 that property located on Walker Road, owned by Mary DuPont, equitable owner being Ellinore Wahba.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JANUARY 14, 1974
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on Walker Road is presently zoned for RG-1 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance 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 in City Hall on February 25, 1974, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from RG-1 to RG-3 that property located on Walker Road, owned by Ernest V. Keith, equitable owner being Ellinore Wahba.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JANUARY 14, 1974
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on 15 North Governors Avenue, is presently zoned for RG-1 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance 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 in City Hall on February 25, 1974, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from RG-1 to C-1A that property located at 15 North Governors Avenue, owned by Mrs. Isabel Jackson, equitable owner being James J. Kolbinskie.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JANUARY 14, 1974
HEART FUND
A letter was received from Mr. E. R. Steele, representing the Heart Fund, stating that February is Heart Month. Council acknowledged receipt of the letter.
CENTRAL DOVER BUSINESS ASSOCIATION, INC.
A letter was received from the Central Dover Business Association, Inc., thanking the City of Dover for the recent signs that were places on the highways indicating the Dover Business District. Council acknowledged receipt of the letter.
ELECTION QUESTIONS
A letter was received from Ms. Lawrece “Skip” Taylor, candidate for Mayor, requesting answers to several questions on the voting procedure of the City Municipal Election. Mrs. Taylor addressed Council on several issues, election boards, candidate restrictions, greeting committees, voting machines, voter challenges and polling hours. Mr. Hartly Fadden addressed Council in opposition to the polls not being open all day after lengthy discussions, Council acknowledged receipt of the letter.
WILMINGTON TRUST
A letter was received from Mr. Robert W. Ogenfuss, representing the Wilmington Trust, stating that the parking spot at the edge of the entrance of the Drive-In Banking facility of the Wilmington Trust is obstructing easy entrance. William L. Spence, Chief of Police, addressed Council and stated that the parking spot was being taken care of immediately. Council acknowledged receipt of the letter.
COUNCIL ADJOURNED AT 8:45 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at its meeting of January 14, 1974, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
JANUARY 16, 1974