REGULAR MEETING
November 26, 1973
The regular meeting of City Council was held on Monday, November 26, 1973 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Biggs, Harris, Hayes, Holmes, Holpp, Legates, Muir and Walls.
MINUTES
The minutes of the Council meeting of November 12, 1973, were accepted and bore the written approval of Mayor Carroll.
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee meeting held on November 14, 1973, was presented by Chairman Walls. On motion of Mr. Muir, seconded by Mr. Hayes, Council accepted the report as presented.
SHELDON ANNEXATION
The Utility Committee has recommended that an annexation referendum be set to consider the annexation of the area situated along Route 104 opposite the Maple Dale Country Club. On motion of Mr. Holmes, seconded by Mr. Walls, Council by unanimous roll call vote adopted the following resolution.
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, a recent Amendment to the Charter of the City of Dover authorized the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area west of the present City limits and hereinafter more particularly described within the limits 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 the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein be annexed to the City of Dover:
ALL those certain pieces, parcels or tracts of land lying and being adjacent to the City of Dover in East Dover Hundred, Kent County and State of Delaware and more particularly described as follows, to wit:
BEGINNING at Route 8, the Hartly Road, and Route 104, the Kenton Road; thence in a northwesterly direction including all the right-of-way of Route 104, the Kent Road, to the southerly right-of-way line of Route 156; thence in a westerly direction about one-fourth of a mile to a fork of Mudstone Branch; thence in a northerly direction with the said fork of Mudstone Branch to the easterly right-of-way line of Route 104, the Kenton Road; thence in a southeasterly direction with the said easterly right-of-way line of Route 104, the Kenton Road, home to the place of beginning, be the contents what they may and it being the intent of this description to annex the right-of-way of Route 104, the Kenton Road, from Route 8, the Hartly Road, to Route 156.
2. That an election be held on the 30th of January, A.D. 1974, commencing at the hours of 1:00 P.M. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED NOVEMBER 26, 1973
BAY COUNTRY REALTY COMPANY ANNEXATION
The Utility Committee has recommended that an annexation referendum be set to consider the annexation of the area situated along Route 88 just north of Muddy Branch, the present City limits, including the properties from Persimmon Tree Lane on the South, Route 88 to the west, the rear property lines of the properties facing on Route 88 to the east, and the property line of Bay Country Realty to the north. On motion of Mr. Harris, seconded by Mr. Hayes, Council by unanimous roll call vote adopted the following resolution.
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, a recent Amendment to the Charter of the City of Dover authorized the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area northeast of the present City limits and hereinafter more particularly described within the limits 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 the following described area situated in East Dover Hundred and Little Creek Hundred, Kent County, State of Delaware, and more particularly described and bounded herein be annexed to the City of Dover:
ALL those certain pieces, parcels or tracts of land lying and being adjacent to the City of Dover in East Dover Hundred and Little Creek Hundred, Kent County and State of Delaware and being more particularly described as follows, to wit:
This Description includes all lands bordered on the west by Route 88 and on the south by Route 337, Persimmon Tree Lane, and bordered on the east by the easterly property lines of the property or properties adjacent to Route 88, the Leipsic Road, and including 178 acres more or less of land owned by the Bay Country Realty Company together with the right-of-way of that section of Route 88 continguous with the lands of the Bay Country Realty Company.
2. That an election be held on the 30th of January, A.D. 1974, commencing at the hours of 1:00 P.M. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED NOVEMBER 26, 1973
RICHARDSON ESTATE ANNEXATION
The Utility Committee has recommended that an annexation referendum be set to consider the annexation of the property bordered on the south by Walker Road, on the west by the property of the Capital School District, on the north by Silver Lake and on the east by Richardson Park. On motion of Mr. Walls, seconded by Mr. Biggs, Council by unanimous roll call vote adopted the following resolution.
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, a recent Amendment to the Charter of the City of Dover authorized the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area north of the present City limits and hereinafter more particularly described within the limits 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 the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein be annexed to the City of Dover:
ALL those certain pieces, parcels or tracts of land lying and being adjacent to the City of Dover in East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows, to wit:
ALL that tract of land known as the Richardson Farm and bordered on the south by the northerly right-of-way line of Walker Road, on the west in part and on the north in part by lands of the Capital School District and bordered on the northeasterly side by the high water mark of Silver Lake and on the east by the lands of Richardson Park, be the contents what they may.
2. That an election be held on the 30th of January, A.D. 1974, commencing at the hours of 1:00 P.M. in the City Hall Annex, the Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED NOVEMBER 26, 1973
ZIMMERMAN ANNEXATION
A request was received from the Secretary of the Department of Administrative Services for the State of Delaware requesting annexation of the former Zimmerman farm on the south side of Route 100, the future site for the Delaware Technical and Community College and the Kent County Vo Tech Center. A Resolution passed by both Houses of the General Assembly favoring annexation into the City of Dover as required before annexation. It is the recommendation of the Utility Committee that when such a Resolution is passed by the General Assembly that it be accepted by the City and the area annexed into Dover. On motion of Mr. Holmes, seconded by Mr. Holpp, Council by unanimous roll call vote approved the recommendation of the Utility Committee.
ALLEY DIVERSION
A request was received from Robbins Hose Company to divert 148 feet of the alley which presently exists between Minor Street and Reed Street. This diversion would move the alley forty feet east from its present location. It is the recommendation of the Utility Committee that this request be granted. On motion of Mr. Legates, seconded by Mr. Harris, Council approved the diversion of the alley between Minor Street and Reed Street.
SUBURBAN LIQUORS, INC.
A request was received from Suburban Liquors, Inc., 1406 Forrest Avenue, for water and sewer service to their property. 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. Hayes, Council accepted the recommendation of the Utility Committee and denied the water service to Suburban Liquors, Inc.
CORONA IMPORTS, INC.
A request was received from Corona Imports, Inc., 1465 South Governors Avenue, for water and sewer service to their property. 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. Walls, seconded by Mr. Hayes, Council denied the request of Corona Imports, Inc. for water and sewer service.
UTILITY COMMITTEE
A written report of the Utility Committee meeting held on November 20, 1973, was presented by Chairman Holpp. On motion of Mr. Hayes, seconded by Mr. Biggs, Council accepted the report as presented.
AIR POLLUTION PETITION
A petition from residents of the Woodcrest Development was presented to Council protesting the air pollution caused by the Dover McKee Run Power Plant. The City Manager, William T. James, explained that the problem was the change over from coal to fuel oil and that this problem has been corrected. On motion of Mr. Walls, seconded by Mr. Legates, Council acknowledged receipt of this petition.
WEST DOVER BY-PASS
On motion of Mr. Walls, seconded by Mr. Holmes, Council by unanimous roll call vote adopted the following resolution.
WHEREAS, the Department of Highways and Transportation of the State of Delaware has requested a resolution from the Mayor and Council of the City of Dover concerning the preference of the Mayor and Council regarding a by-pass planned for the City of Dover; and
WHEREAS, previously the Mayor and Council of the City of Dover have gone on record as recommending a by-pass for the City of Dover due to the congested traffic conditions and have further gone on record as recommending that the by-pass go to the west of the City of Dover; and
WHEREAS, the Mayor and Council of the City of Dover still maintain that the by-pass is greatly in need to improve the traffic conditions in the City of Dover and they still favor the same location of the by-pass to the effect that it will go to the west of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Mayor and Council reaffirm their stand that a by-pass is greatly in need for the City of Dover and that they again recommend that the by-pass be located west of the City of Dover as previously recommended.
ADOPTED NOVEMBER 26, 1973
BAKER PETROLEUM TRANSPORTATION COMPANY
A recommendation was made by the City Manager, William T. James, to extend the contract of Baker Petroleum Transportation Company for another year. This contract involves the delivery of fuel oil to the McKee Run Generating Plant. On motion of Mr. Legates, seconded by Mr. Muir, Council by unanimous roll call vote accepted the recommendation of the City Manager and extended the contract with Baker Petroleum Transportation Company for another year.
ST. JONES POWER PLANT
On motion of Mr. Legates, seconded by Muir, permission was granted to the City Manager to get bids to demolish the St. Jones Power Plant, in its entirety, on the corner of Kings Highway and Division Street. The 750 kilo-watt generator is to be removed to the McKee Run Power Plant for storage.
NO. 6 FUEL OIL CONTRACT
The Fuel Oil Contract with the Texaco Company will expire as of the end of December 1973. It is the recommendation of the City Manager that this contract be extended. On motion of Mr. Holpp, seconded by Mr. Muir, the contract with the Texaco Company for the supply of #6 fuel oil was approved by Council.
PARADEE - BULK STORAGE PLANT
A request was presented to Council by Charles paradee to erect a million gallon fuel oil above ground storage tank on his property located at the intersection of RT 13 and Leipsic Road. The request was denied by the Building Inspector due to zoning restrictions and City Ordinances. On motion of Mr. Walls, seconded by Mr. Hayes, this request for a one million gallon fuel oil storage tank was referred to the Utility Committee for their study and recommendations.
LUMINARIA REQUEST
A request was received from Mrs. Judy C. Kirkpatrick of 285 Fiddlers Green to sponsor an Luminaria in the area of Fiddlers Green for Christmas Eve. This candle display will be situated between the sidewalk and the curbing of the City streets. On motion of Mr. Legates, seconded by Mr. Biggs, Council approved this request as long as it is put on the inside of the curb and the City is not held liable.
ENERGY CONSERVATION
Mr. James, City Manager, addressed Council with a report on the City of Dover’s progress in conserving energy. Cutbacks on lighting on Court Street, 23 lights, Division Street, 44 lights, Loockerman Street, 25 lights, RT 13, 122 lights, and miscellaneous mercurys, 20 lights, based on 14 hours operation per day, 30 day month, will save approximately 2,350 gallons of oil per month and $330.00 in fuel costs.
VOTER REGISTRATION
A letter was received from Mr. Grover W. Johnson stating that the present times of registration for voting in the City of Dover present a hardship for many persons as they coincide with regular working hours. Mr. Johnson request that additional days be set up for voter registration other than those presently being used. On motion of Mr. Harris, seconded by Mr. Hayes, Council directed that the City Clerk’s office be open from 9:00 A.M. - 1:00 P.M. each Saturday until the end of December 1973 to allow persons to register to vote for the City Municipal Election.
DOVER MODERN MATURITY CENTER
A letter was received from Mr. Robert A. Bonniwell, Executive Director of the Dover Modern Maturity Center, requesting that he be put on the agenda for the Council meeting on December 10, 1973. Council acknowledged receipts of Mr. Bonniwell’s letter and directed that he be placed on the agenda for the first Council meeting in December.
DELAWARE HEART ASSOCIATION, INC.
A letter was received from the Delaware Heart Association, Inc., informing the City Council of speaking program sponsored by the Kent County Heart Association. On motion of Mr. Harris, seconded by Mr. Walls, Council acknowledged receipt of this letter.
Y.M.C.A.
A letter was received from the Dover YMCA thanking the Mayor and Council for the recent allocation of Revenue Sharing monies to the YMCA. The Mayor and Council acknowledged receipt of the letter.
BARABA REZONING
A request was received to rezone property located on the south side of Horsepond Road. Prior to amending the Zoning Ordinance and Map a public hearing is required. On motion of Mr. Walls, seconded by Mr. Hayes, 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 the south side of Horsepond 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 Annex on January 14, 1974, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-20 to M that property located on the south side of Horsepond Road, owned by Emil D. Baraba and containing approximately 14,96 acres.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED NOVEMBER 26, 1973
RIZZO CONSTRUCTION REZONING
A request was received to rezone property located on the south side of Horsepond Road next to Dover Air Force Base. Prior to amending the Zoning Ordinance and Zoning Map a public hearing is required. On motion of Mr. Walls, seconded by Mr. Hayes, 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 the south side of Horsepond 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 Annex on January 14, 1974, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-20 to M that property located on the south side of Horsepond Road, next to Dover Air Force Base, owned by Joseph Rizzo & Son Construction Company, and containing approximately 56.3 acres.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED NOVEMBER 26, 1973
ROBBINS HOSE COMPANY FIRE CHIEFS
A letter was received from the Robbins Hose Company Nominating Committee submitting their nominations for the Chief Officers for the year of 1974. Council acknowledged the nomination o the following chiefs:
CHIEF Kline Kemp, Jr.
DEPUTY CHIEF Edwin Baker, Jr.
1st ASST. CHIEF Carleton Carey
2nd ASST. CHIEF Charles H. Boyer
3rd ASST. CHIEF Jack LeCompte
COUNCIL ADJOURNED AT 8:51 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at its meeting of November 26, 1973 are hereby approved.
CRAWFORD J. CARROLL
MAYOR
NOVEMBER 28, 1973