REGULAR MEETING
September 24, 1973
The regular meeting of City Council was held on Monday, September 24, 1973 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 Council Chaplain Rev. J. H. Williams.
MINUTES
The minutes of the Council meeting of September 10, 1973 were accepted and bore the written approval of Mayor Carroll.
UTILITY COMMITTEE
A written report of the Utility Committee meeting held on September 18, 1973 was presented by Chairman Holpp. On motion of Mr. Legates, seconded by Mr. Walls, Council accepted the report as presented.
DELAWARE STATE COLLEGE WATER SERVICE
A request for emergency water service to Delaware State College was considered by the Utility Committee, their request being for the service without the installation of a meter, which is the policy of the City of Dover to have a meter installed prior to service for the customer. The service to the college requires an 8" meter. The college requested an estimated bill in lieu of a metered bill in the event the water service was needed. The cost of the meter to the College is approximately $2600, the same cost as the City would pay the manufacturer for the meter. It is the recommendation of the Utility Committee that a meter be required and that the College have a period of one year to pay for the meter at the rate of 6% per annum on the unpaid balance commencing after the first 30 days following the installation of the meter, with a one year time limit on the payment of this debt. On motion of mr. Legates, seconded by Mr. Biggs, Council by unanimous vote approved the recommendation of the Utility Committee as outlined above.
RUTH SHELDON WATER REQUEST
A request was received from Ruth Sheldon regarding the supplying of water to property she owns outside the City limits across the Kenton Road from Maple Dale Country Club. This service is being requested without annexation. The Utility Committee has recommended denial of this request in keeping with the past policy. On motion of Mr. Hayes, seconded by Mr. Muir, Council approved the recommendation of the Utility Committee denying the request of Mrs. Sheldon.
HAMLET STREET LIGHTS
The developer of The Hamlet, the development being constructed on Walker and Saulsbury Roads has requested permission of the City to install the colonial-type street lights that have been installed in the Foxhall Development. The Utility Committee has recommended that permission be granted for this installation of the colonial-type lights in The Hamlet. On motion of Mr. Holpp, seconded by Mr. Legates, Council approved the request of the Hamlet for colonial-type lights.
MRS. SIMMONS WATER REQUEST
A request of Mrs. Simmons, Dover-Leipsic Road, was received asking permission for the installation of City water to her property. Mrs. Simmons home is basically a mobile home with a couple of permanent rooms attached to it. She has paid the front foot charge for the assessment of the water line across the front of her property. Her home does not meet the codes of the City of Dover, but she has paid the front foot assessment and is being denied the use of the water. The Utility Committee has recommended that her request be denied. After considerable discussion, a motion was made by Mr. Walls, seconded by Mr. Legates, and Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Harris, tabled this matter pending an opinion by the City Solicitor in this matter.
PLAYTEX EMERGENCY BACKUP SERVICE
A request was received from Playtex for emergency backup electric service for their Plant 1. After considerable discussion the Utility Committee has recommended that the request be granted providing International Playtex Corporation pays an appropriate fee for this emergency backup service plus and additional charge for any electrical energy used as a result of this emergency tie in accordance with prevailing industrial and commercial rates for the City of Dover at the time it is used. The policy regarding emergency service is as follows:
EMERGENCY SERVICE - Emergency service will be supplied under the Commercial and Industrial Electric Service Rate for short periods of time. The customer must pay the entire cost of installation and removal of any required facilities by the City of Dover. All transformers and circuit protection devises must be owned by the customer and approved by the City of Dover.
The rate for Emergency Service shall be based on the contract demand at the standard demand charge as shown on the Commercial-Industrial Rate, but will be a yearly charge instead of a monthly charge. All usage, demand and energy will be billed according to the Commercial-Industrial Rate. If a higher demand is established during any emergency service the new yearly rate will be based on the higher demand with credit given for any portion of the preceding year that remains.
Notification of the need for the Emergency Service must be given to the City of Dover Shift Supervisor or Load Dispatcher before energizing the circuit, the Shift Supervisor may also refuse if it will jeopardize the City of Dover System. If this time period exceeds six hours (except in times of severe storms or storm damage) the Emergency Service will be refunded.
All Emergency Service Contracts and their demands must be agreed to by the Electric Manager and approved by the City Manager and an authorized representative of the customer prior to their being placed into effect. If the contract is canceled by the customer upon giving written notice 30 days in advance, during the year that it is in effect there will be no reimbursement. All contracts except on the anniversary of the policy and only then upon six month’s written notice.
ADOPTED SEPTEMBER 24, 1973
KENT COUNTY LANDFILL
The Kent County has submitted to the City of Dover a bill for $8,017.50 for the use of Kent County Landfill. This includes an old balance of $6,868.50. The old balance has been a subject of discussion in the past as to its legality, and the Utility Committee has recommended that the City Manager request from the County who currently uses the collection stations and landfill insofar as private vendors, municipalities and individuals are concerned and what fees are charged. On motion of Mr. Hayes, seconded by Mr. Holmes, Council approved the recommendation of the Utility Committee as outlined above.
LEGISLATIVE & FINANCE COMMITTEE
A written report of the Legislative & Finance Committee meeting held on September 12, 1973 was presented by Chairman Hayes. On motion of Mr. Walls, seconded by Mr. Biggs, Council accepted the report as presented.
PAUL ZARTMAN ZONING REQUEST
Paul Zartman has contacted Council concerning the zoning of property he owns located on the corner of U.S. 113 and Lafferty Lane. He has attempted to put a free standing sign on the corner to advertise the business that is presently located there and was told this was a non-conforming use is a R-20 zone and could not be done. Council referred this request to the Legislative & Finance Committee who have recommended that the Planning Commission study this problem. This entire area along U.S. Route 113, which has been in the City limits for approximately four years , has with the exception of one or two properties, never been zoned. The Council discussed this at length and other recently annexed areas with the same problems. On motion of Mr. Harris, seconded by Mr. Legates, Council by unanimous vote directed that any recently annexed areas not properly zoned should be considered by the Planning Commission for rezoning to proper use and recommended to Council for the appropriate action.
INSPECTOR - DEPARTMENT OF INSPECTIONS
A recommendation has been received from the Legislative & Finance Committee to all the Building Inspector to employ an additional inspector in his department due to the increased work load. On motion of Mr. Biggs, seconded by Mr. Muir, Council approved this request effective immediately.
ROBBINS HOSE ALLEY
With the new construction to be undertaken by Robbins Hose Company, they have requested permission of the City to divert the alley that now runs north-south from Loockerman Street to Reed Street behind the firehouse. On motion of Mr. Legates, seconded by Mr. Walls, Council referred this request to the Utility Committee for their study and recommendation.
HIGHWAY DEPARTMENT CAPITOL IMPROVEMENTS - DOVER AREA
Upon the request of the City of Dover, a six year capital improvement plan and program for the Kent County area was submitted to the City by the Highway Department. The only apparent project for the immediate Dover area is the East-West Connector, which has been in the planning stages for several years. On motion of Mr. Hayes, seconded by Mr. Legates, Council by a roll call vote of 7 ‘yes’ and 1 ‘no’, Mr. Holpp, once again are going on record as opposing the construction of an East-West Connector across the City of Dover. And by the same roll call vote Council once again reiterated their position on the proposed West Dover By-Pass, feeling once again that it is an absolute necessity for the future of Dover. The requested at this time that the City Manager so notify once again, the Department of Highways of the feelings of Council regarding the East-West Connector and the West Dover By-Pass.
DEPARTMENT OF HIGHWAYS RESOLUTION
On motion of Mr. Legates, seconded by Mr. Muir, Council by unanimous roll call vote adopted the following resolution and requested that it be transmitted to the Department of Highways and Transportation.
WHEREAS, the Mayor and Council of the City of Dover have previously requested from the Department of Highways and Transportation information concerning the plans of this Department for the construction and relocation of highways in the City limits of the City of Dover including information on proposed new construction and relocated of said highways.
WHEREAS, the Mayor and Council of the City of Dover need this information so that they can keep their plans for City Streets and Highways up to date and so that they can assist the Department of Highways and Transportation in the location and relocation of utility lines and in the obtaining of the necessary rights-of-ways.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Department of Highways and Transportation is requested to submit to the City of Dover at all times in the future its plans for new construction and relocation of highways within the City of Dover so that the Mayor and Council will be able to update their planning concerning streets and highways in the City and also so the Mayor and Council can assist the Department of Highways and Transportation in obtaining rights-of-ways and locating utilities in the City of Dover concerning the new construction or relocation of highways.
2. That a copy of this resolution be forwarded by the City Clerk to the Secretary of the Department of Highways and Transportation.
ADOPTED SEPTEMBER 24, 1973
SCHOOLVIEW SIDEWALK
The Highway Department has contacted the City of Dover and stated that if the City of Dover has no objections they are going to install sidewalks on the south side of South Little Creek Road from the East Dover Elementary School to the area known as Schoolview. On motion of Mr. Legates, seconded by Mr. Holpp, Council directed the City Manager to contact the Highway Department and expresses the City of Dover’s desire to have the sidewalks installed as soon as possible.
CHAMBER OF COMMERCE - XMAS DECORATIONS
The Chamber of Commerce has requested of the City a donation of $250 to help off-set expenses incurred in the Annual Christmas Decoration contest held each year by the Chamber. On motion of Mr. Hayes, seconded by Mr. Walls, Council approved the donation of $250 to the Chamber for the Xmas Decoration Contest.
SUBURBAN LIQUORS ANNEXATION REQUEST
A letter was received from Suburban Liquors, Inc., 1406 Forest Avenue, for annexation within the limits of the City of Dover. This property is in the area that is presently being contested in the courts. The Council’s feeling was that until such time as this court case is settled, no further request from this area can be considered. On motion of Mr. Legates, seconded by Mr. Biggs, Council acknowledged receipt of the letter.
J. P. COURT #7 REPORT - AUGUST
The monthly report for the J. P. Court #7 for the month of August was received with a check in the amount of $9,340.15. Deferred payments due the City of Dover as of August 31, 1973 amounted to $30,267.57. On motion of Mr. Hayes, seconded by Mr. Walls, Council accepted the report as presented.
SAMUEL HILL FARM ANNEXATION REQUEST
A request was received from Mr. Walter Barczewski, representing the owner of the Samuel Hill Farm located on Route 88, Leipsic Road, requesting annexation into the City of Dover. On motion of Mr. Hayes, seconded by Mr. Walls, Council referred this request to the Utility Committee for their study and recommendation.
OIL SOOT REINJECTION SYSTEM
Bids were received on August 14, 1973 for Oil Soot Reinjection Systems for Unit #3, McKee Run Generating Station. The Engineers, Laramore, Douglass & Popham took considerable time in studying the bids received as to their compliance with the specifications. Two (2) bids were received. One from Allen-Sherman-Hoff in the amount of $49,990.00 and the other from United Conveyor in the amount of $88,939.00. The engineers estimate was $110,000. After considerable delay in evaluating these bids its is the recommendation of Laramore, Douglass & Popham that the bid of United Conveyor at the bid price of $88,939 be accepted. On motion of Mr. Legates, seconded by Mr. Muir, Council by unanimous roll call vote approved the recommendation of the Engineer and awarded the contract for the Oil Soot Reinjection System to United Conveyor.
SCHULTZ REZONING
A request was received from Gertrude Schultz to rezone land she owns located on the White Oak Road. A public hearing is required prior to amending the zoning map and zoning ordinance. 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 the south side of the White Oak 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 October 22, 1973 at 8:00 PM on a proposed amendment to the zoning map that would rezone from R-20 to C-3 that property located on the south side of the White Oak Road, owned by Fertrude Schultz equitable owner being A&H Plumbing & Heating, Inc., and containing approximately 7 acres.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED SEPTEMBER 24, 1973
DENIS J. O’BRIEN REZONING
A request was received from Denis & Janet O’Brien to rezone property they own located at the corner of Carol and Columbia Streets. A public hearing is required prior to amending the Zoning Map. 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 at the corner of Carol and Columbia Streets is presently zoned for R-8 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 October 22, 1973 at 8:00 PM on a proposed amendment to the zoning map of the City of Dover that would rezone from R-8 to RG-1 that property located at the corner of Carol and Columbia Streets owned by Denis J. & Janet R. O’Brien, and containing approximately 8200 square feet.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED SEPTEMBER 24, 1973
COUNCIL ADJOURNED AT 9:05 PM
JAY R. DOUGHERTY
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at its meeting of September 24, 1973 are hereby approved.
CRAWFORD J. CARROLL
MAYOR
SEPTEMBER 25, 1973