REGULAR MEETING
December 10, 1973
The regular meeting of City Council was held on Monday, December 10, 1973 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Biggs, Harris, Hayes, Holmes, Legates, Muir and Walls. Councilman Holpp was absent.
MINUTES
The minutes of the regular Council meeting held on November 26, 1973 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police report for month of November was accepted.
Building Inspector and Fire Marshal report for month of November was accepted.
City Planner report for month of November was accepted.
Alderman report for November was accepted, fines in amount of $904.00 were remitted.
Cash receipts, General Fund, for month of November were accepted.
Cash Receipts, Electric Revenue Fund, for month of November were accepted.
Cash Receipts, Electric Improvement Fund, for month of November were accepted.
City Manager’s report for month of November were accepted.
EAST -WEST CONNECTOR
On motion of Mr. Legates, seconded by Mr. Legates, Council directed that the City Manager make a motion that a road be built such as Webbs Lane Extended from the State Highway Administration Building to US 13 and that State College Road be the alternate choice of the City of Dover for the Dover By-Pass.
REVENUE ANTICIPATION BORROWING
On motion of Mr. Legates, seconded by Mr. Biggs, Council by unanimous vote adopted the following resolution authorizing the borrowing of up to $350,000 in anticipation of current revenues to be repaid prior to July 1, 1974.
A RESOLUTION AUTHORIZING THE MAYOR AND CITY TREASURER TO UNDERTAKE TEMPORARY BORROWING AS PROVIDED IN THE CHARTER OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes and empowers the Council of the City of Dover to anticipate current revenue by borrowing such sum as shall be needed, not to exceed 1% of the total taxable assessment, and
WHEREAS, it is necessary to borrow temporary funds for the current operating requirements of the City of Dover General Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER.
1. That from and after the adoption of this resolution, the Mayor and City Treasurer of the City of Dover shall be empowered and authorized to execute under the seal of the City of Dover any and all instruments, documents, or other evidences of indebtedness as required for the borrowing on a temporary basis a sum not to exceed $350,000.
2. The Mayor and Treasurer of the City of Dover shall be empowered to obtain said funds upon such terms and from such local lending institutions as in their best judgement they deem necessary and proper.
3. Any and all amounts borrowed pursuant to this resolution shall be repaid out of current revenue hereafter by the General Fund, and not later than June 30, 1974 or thereabout.
ADOPTED DECEMBER 10, 1973
MCKEE RUN FOUNDATION
On motion of Mr. Muir, seconded by Mr. Legates, Council gave the City Manager permission to engage a Union Contractor to repair the foundation of the McKee Run Station. Permission was also given to the City Solicitor to start proceedings to recover damages from Charles Brohawn and Sons for the faulty workmanship.
DECEMBER 24th MEETING
The next scheduled Council meeting is December 24, 1973. On motion of Mr. Hayes, seconded by Mr. Walls, Council authorized the cancellation of the December 24th meeting. The next regularly scheduled Council meeting will be January 14, 1974.
TARBURTON TRACT RECREATION BUILDING
Eight (8) bids were received for the erection of a recreational building on the Tarburton Tract. The low bidder was Delaire Contracting Company at $249,000.00. It is the recommendation of the Parks, Playgrounds and Trees Committee that the contract be awarded to Delaire Contracting Company. On motion of Mr. Muir, seconded by Mr. Legates, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Holpp, accepted the recommendation of the Parks, Playgrounds and Trees Committee and awarded the contract to the low bidder, Delaire Contracting Company at the bid price of $249,000.00.
TARBURTON TRACT SITE
A bid was received for the construction of the Tarburton Tract Site from Fairway Landscaping Service, Inc., Cherry Hill, New Jersey in the amount of $127,672.10. The Parks, Playgrounds and Trees Committee recommends the contract be awarded to Fairway Landscaping Service, Inc. at their bid price of $127,672.10. On motion of Mr. Hayes, seconded by Mr. Muir, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Holpp, accepted the recommendation of the Committee and awarded the Contract to the Fairway Landscaping Service, Inc. at their bid price of $127,672.10.
PONY LEAGUE AND LITTLE LEAGUE FIELDS
It is the recommendation of the Parks, Playgrounds and Trees Committee that the Pony League field be enlarged to whatever extent possible by relocating home plate and the outfield fence at the approximate cost of $2,000.00. It is also the recommendation of the Parks, Playgrounds and Trees Committee that the old Little League Field be enlarged to whatever extent possible by demolishing the existing building, relocating home plate and the outfield fence at the approximate cost of $4,000.00. The lights are to remain the same on the Pony League field and removed from the Little League field. On motion of Mr. Legates, seconded by Mr. Hayes, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Holpp, accepted the recommendation of the Parks, Playgrounds and Trees Committee.
MUNICIPAL SWIMMING POOL FACILITY
Four (4) proposals were received from engineering firms for a feasibility study to determine location, cost and proposed design for a municipal swimming pool facility. The firms were Betz Environmental Engineers, Vincent M. Boyce, George, Miles and Buhr, and Richardson Associates. It is the recommendation of the Parks, Playgrounds and Trees Committee that action be tabled until a later date. Council accepted the recommendation of the Committee.
PARKS, PLAYGROUNDS AND TREES COMMITTEE
A written report of the Parks, Playgrounds and Trees Committee meeting held on December 10, 1973, was presented by Chairman Walls. On motion of Mr. Hayes, seconded by Mr. Legates, Council accepted the report as presented.
DOVER MODERN MATURITY CENTER
Mr. Paul J. O’Brien, President of the Board of Directors of the Dover Modern Maturity Center, addressed Council requesting their approval of his purchasing approximately one acres of land from the City of Dover. The land they desire is the corner of New Burton Road and Water Street adjacent to the Dover Police Station. After lengthy discussions action was tabled until after the presentation of the proposed civic center in which the Dover Modern Maturity Center might have a designated area.
ROBBINS HOSE COMPANY FIRE CHIEFS
On motion of Mr. Hayes, seconded by Mr. Biggs, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Holpp, confirmed the appointment of the following Fire Chiefs for the year of 1974.
CHIEF Kline Kemp, Jr.
DEPUTY CHIEF Edwin Baker, Jr.
ASSISTANT CHIEFS Carleton Carey
Charles H. Boyer
Jack LeCompte
FAULKNER REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on New Burton Road owned by James C. and Edith B. Faulkner, equitable owner being Timothy Bounamici. Mayor Carroll declared the hearing opened. A letter from Mr. Maurice A Hartnett, III, representing the equitable owner, requested that the zoning be withdrawn. Mayor Carroll declared the hearing closed and Council accepted the request for withdrawal.
ZARTMAN REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on the southeast side of Lafferty Lane and US Route 113, owned by Paul E. Zartman. 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. Muir, seconded by Mr. Hayes, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Holpp, 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 SOUTHEAST SIDE OF LAFFERTY LANE FROM R-20 TO C-2 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 C-2.
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 C-2 on that property located on the southeast side of Lafferty Lane, owned by Paul E. Zartman.
ADOPTED DECEMBER 10, 1973
ANNEXATION - COURT DECISION
Mr. Rodriguez, the City Solicitor, addressed Council with the Court’s decision on the last annexation referendum. Chancellor Quillen ruled that he City’s policy of voting on the assessed value of property owned is unconstitutional and that the one man one vote principal should apply to annexation voting. Mr. Rodriguez recommended that the decisions of Chancellor Quillen by appealed to the Supreme Court. On motion of Mr. Hayes, seconded by Mr. Muir, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Holpp, authorized the City Solicitor to appeal this decision to the Supreme Court.
OBSCENITY ORDINANCE
Mr. Rodriguez presented the Council with the revisions of the Obscenity Ordinance. On motion of Mr. Hayes, seconded by Mr. Walls, Council tabled action on this matter until the next Council meeting in January, 1974.
CITY ASSESSOR APPOINTMENT
On motion of Mr. Legates, seconded by mr. Muir, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Holpp, appointed Mr. Julius Weinstein as City Tax Assessor for the year of 1974.
CITY BUILDING INSPECTOR
On motion of Mr. Hayes, seconded by Mr. Biggs, Council by a roll call vote a seven (7) yes and one (1) absent, Mr. Holpp, appointed Mr. Jack T. Roe as the City Building Inspector for the year 1974.
BURKE REZONING
A request was received to rezone property located on RT 113. Prior to amending the Zoning Ordinance and Map a public hearing is required. On motion of Mr. Legates, seconded by Mr. Walls, 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 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 RT 113 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 Annex on January 28, 1974, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-20 to C-4 that property located on US 113, owned by Harry C. & Hazel B. Burke, equitable owner being Monroe Spiegel.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED DECEMBER 10, 1973
McDANIEL REZONING
A request was received to rezone property located on Woodbrook Road and Webbs Lane Extended. Prior to amending the Zoning Ordinance and Map a public hearing is required. On motion of Mr. Walls, seconded by Mr. Harris, 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 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 Woodbrook Road and Webbs Lane Extended 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 Annex on January 28, 1974, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-20 to C-2A that property located on Woodbrook Road and Webbs Lane Extended, owned by the State of Delaware, equitable owner being William P. & Dorothy H. McDaniel, containing approximately 1.59 acres.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED DECEMBER 10, 1973
BERKMAN - RUDNICK REZONING
A request was received to rezoning property located on the intersection of US 13 and 113A. Prior to amending the Zoning Ordinance and Map a public hearing is required. On motion of Mr. Hayes, seconded by Mr. Holmes, 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 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 at the intersection of US 13 and 113A 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 Annex on January 28, 1974, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-20 to C-4 that property located at the intersection of US 13 and 113A, owned by Edith R. Berkman, Fannie C. Rudnick and Rudnick Estates, Inc., equitable owner being Kennilworth Associates, Inc., and containing approximately 33.3 acres.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED DECEMBER 10, 1973
DOVER CHAMBER OF COMMERCE
A letter received from Mr. Robert H. Reed, President of the Greater Dover Chamber of Commerce, thanking the City of Dover for their support in the Chamber’s Annual Decoration Contest. The Contest has been canceled this year to support and encourage all efforts to reduce the use of energy. On motion of Mr. Walls, seconded by Mr. Biggs, Council acknowledged receipt of the letter.
RODNEY VILLAGE MERCHANTS ASSOCIATION
A letter was received from the Rodney Village Merchant’s Association urging the Council to investigate and possibly implement a joint transit system with the County to help ease the burden of the energy crisis. On motion of Mr. Hayes, seconded by Mr. Walls, Council referred this matter to the Transportation Committee.
DOVER MODERN MATURITY CENTER
A letter was received from the Dover Modern Maturity Center inviting the members of the City Council to a Mortgage Burning Ceremony on December 12, 1974, from 1 - 5 P.M. Council acknowledged receipt of the letter.
DELAWARE BETA SIGMA PHI, MU CHAPTER
A petition was received from the Delaware Beta Sigma Phi, Mu Chapter of Dover, supporting any action taken by the City Council on the Modern Maturity Center request for land. Council acknowledged receipt of the letter.
J. P. COURT #7 REPORT - NOVEMBER
A monthly report for the J. P. Court #7 for the month of November was received with a check in the amount of $9,896.05. Deferred payments due the City of Dover as of November 30, 1973, amounted to $29,770.32. On motion of Mr. Legates, seconded by Mr. Walls, Council accepted the report as presented.
CITY WATER FLUORIDATION
A notification was received from the Attorney General’s Office that if the City of Dover’s water supply is not properly fluoridated by December 14, 1973, appropriate legal action will be taken. On motion of Mr. Hayes, seconded be Mr. Legates, Council referred this matter to the Utility Committee.
BUILDING CODE COMMITTEE
On motion of Mr. Hayes, seconded by Mr. Muir, Council referred the matter of the duplexes being built on North Governors Avenue to the Building Code Committee for their study and recommendations.
HUEBNER FARM LEASE
A letter was received from Mr. Francis Bergold requesting that his lease dates on the Huebner Farm be changed to January 1, 1974 to December 31, 1974. On motion of Mr. Hayes, seconded by Mr. Biggs, Council approved the change in lease dates and gave Mr. Bergold permission to remove the hedge rows.
DOVER PARKING AUTHORITY
A request was received from the Dover Parking Authority for additional parking space in the Loockerman Street area. On motion of Mr. Holmes, seconded by Mr. Muir, Council by a roll call vote of six (6) yes, one (1) abstain, Mr. Hayes, and one (1) absent, Mr. Holpp, Council referred this matter to the Committee of Committees.
COUNCIL ADJOURNED AT 9:17 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at its meeting of December 10, 1973 are hereby approved.
CRAWFORD J. CARROLL
MAYOR
DECEMBER 12, 1973