REGULAR MEETING
February 26, 1973
The regular meeting of City Council was held on Monday, February 26, 1973 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 Annual Organizational Meeting held on February 12, 1973 were accepted and bore the written approval of Mayor Carroll.
HAYES & WILLIS - KULHANEK REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of Lots 27, 28, 31 and 32 in Edgehill Subdivision. Mayor Carroll declared the hearing opened. No one was presented 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. Walls, seconded by Mr. Biggs, Council by a roll call vote of 6 ‘yes’, 1 ‘absent’, Mr. Harris, and 1 ‘not voting’, Mr. Hayes, 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 LOTS 27, 28, 31 AND 32 OF EDGEHILL SUBDIVISION FROM R-7 TO I0 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-7 to I0.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER
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-7 to I0 on lots 27, 28, 31 and 32 in Edgehill Subdivision, owned by Hayes & Willis, Inc., and Frank & Mary Kulhanek.
ADOPTED FEBRUARY 26, 1973
AGNES WILLEY REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of property located on the east side of U.S. Route 13, owned by Agnes Willey. Mayor Carroll declared the hearing opened. Mr. Richard Barros, representing a group of residents on Laurel Drive, was present and addressed Council requesting the denial of this rezoning. The Planning Commission has recommended that the request be denied. No one else was present to speak for or against the rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Holmes, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Harris, denied the request of Agnes Willey to rezone from R-20 to C-4 that property located on the east side of U.S. Route 13, north of but not adjacent to St. Jones River.
ANNA MAE PHILLIPS REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on the southwest corner of Court Street and River Road. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has deferred any action on this request at this time pending further meeting with the developer. The City Manager stated at this time that the City has a large sewer trunk line and an electric line crossing this property that would prohibit building on this land at this time, unless these utilities were moved. This would have to be done at the expense of the developer, but is not recommended by the City Manager. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Holmes, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Harris, denied the request of Anna Mae Phillips to rezone her property located on the southwest corner of Court Street and River Road from RG-2 to RG-5.
LEGISLATIVE & FINANCE COMMITTEE
A written report of the Legislative & Finance Committee meeting held on February 20, 1973 was presented by Chairman Hayes. On motion of Mr. Holpp, seconded by Mr. Walls, Council accepted the report as presented.
BUSINESS LICENSE FEES REVISION
The Legislative & Finance Committee has been studying the revision and upgrading of the Business License Fees for the City of Dover. A written report and recommendations were distributed to Council for their consideration. It has been recommended by the Committee that Council study these revisions and that copies be made available to the local merchants and businesses at the Office of the Building Inspector prior to adoption by Council at their next meeting. Mayor Carroll asked that a copy of the review made by the Committee approximately one year ago be made available to Council at this time, which was done by the Building Inspector. Further action on this matter was deferred until the next Council meeting.
GARBAGE DISPOSAL UNIT ORDINANCE
On motion of Mr. Walls, seconded by Mr. Muir, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Harris, adopted the following ordinance regulating location of garbage receptacles used within the City of Dover.
LOCATION OF GARBAGE DISPOSAL UNITS IN PROPERTY ZONES OTHER THAN SINGLE FAMILY RESIDENCE ZONES.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. In all zones of the City of Dover other than single-family residence zones, all trash receptacles or garbage disposal units commonly referred to as dumpsters are to be situated at an appropriate location on all properties so as not to constitute a nuisance for users of the property and adjoining property owners and shall be appropriately screened to improve the appearance of the area.
2. The location of the units on the property and the type of screening necessary shall be approved by the Planning Commission of the City of Dover in accordance with the site development approval of the property and the same shall be approved by the City Manager concerning the desirability of the location for facility in collection of trash.
3. It shall be unlawful for any person, firm, or corporation to maintain a unit on his property unless the location and screening of the same has been approved by the Planning Commission and the City Manager as hereinbefore stated.
ADOPTED FEBRUARY 26, 1973
PLANNING COMMISSION APPOINTMENTS
Mayor Carroll has recommended that Councilman Walls and Holmes be reappointed to the City of Dover Planning Commission for another three (3) year term each. Their terms will expire on February 28, 1976. The term of Frederick W. Brittan also expires on February 28, 1973, but he has indicated that he would like at this time to be replaced on the Planning Commission. He further indicated to the Mayor and Council that he would remain on the Commission until a replacement could be named. On motion of Mr. Biggs, seconded by Mr. Muir, Council confirmed the appointments of Messrs Holmes and Walls to the Planning Commission.
J. P. COURT #7 REPORT
The monthly report of the J. P. Court #7 for January was received by Council attached to a check in the amount of $9,511.22. Deferred payments amounting to $29,309.76 were due the City of Dover as of January 31, 1973. On motion of Mr. Legates, seconded by Mr. Walls, Council accepted the report as presented.
HUEBNER FARM LEASE
Bids were received this date on leasing the Huebner Farm owned by the City located south of the Air Base. Three bids were received with the highest bid being that of Francis Bergold at $22 per acre. On motion of Mr. Hayes, seconded by Mr. Holpp, Council by roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Harris, approved leasing the Huebner Farm to Mr. Francis Bergold for the year of 1973 at the bid price of $22 per acre, and that Mr. Bergold has agreed to treat and control the Johnson Grass in accordance with the recommendations of the State Department of Agriculture.
UTILITY COMMITTEE REPORT
A written report of the Utility Committee was presented by Chairman Holpp of their meeting of February 13, 1973. On motion of Mr. Walls, seconded by Mr. Holmes, Council accepted the report as presented.
DR. LUNA MISHOE ANNEXATION
A request has been received from Dr. Mishoe for annexation of land he owns located adjacent to the City of Dover in the vicinity of State College. The Utility Committee has recommended a referendum be held for the properties as outlined in the attached resolution. On motion of Mr. Holpp, seconded by Mr. Hayes, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Harris, 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 lots, pieces or parcels of land lying on the northerly side of College Road and being more particularly described as follows, to wit:
BOUNDED on the south by the northerly right-of-way line of College Road and bounded on the west by the westerly property lines of Dr. Luna Mishoe and bounded on the north by the northerly property line of Dr. Luna Mishoe and bounded on the east by the center line of Fork Branch, be the contents thereof what they may.
2. That an election be held on the 28th day of March A.D. 1973, commencing at the hour of 1:00 PM at the City Hall Annex, The Plaza, Dover, Delaware for the purpose of submitting to the persons entitled to vote thereon the question of annexation of the above described area.
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 date of said election.
ADOPTED FEBRUARY 26, 1973
LEPORE-MYERS ROAD
The Utility Committee has consider the negotiations which have been going on with the abutting property owners concerning the construction of a street between U.S. Route 13 and State Street involving the properties of Christina Myers and Harry Lepore. The property owners involved cannot come to an agreement amongst themselves and make this land available, so it is the recommendation of the Utility Committee that the matter be referred to the City Solicitor for his study on the possibility of condemnation of this necessary land for the construction of a street. Also it was recommended that the City Manager contact the State Highway Department for their thoughts and study on this matter. On motion of Mr. Holmes, seconded by Mr. Holpp, Council approved the recommendation of the Utility Committee as outlined above.
SIDEWALK ORDINANCE - EASTOVER HILLS
On motion of Mr. Walls, seconded by Mr. Biggs, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Harris, adopted the following ordinance.
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF THE INSTALLATION OF SIDEWALKS IN THE AREA OF EASTOVER HILLS
WHEREAS, the Council is authorized to installed sidewalks in the City and, by ordinance to provide for the levy and collection of assessments against property owners whose land adjoins said installations, and
WHEREAS, the Council has caused to install sidewalks along the streets in Eastover Hills, being Loockerman Street, Park Drive, East Division Street, Greenhill Road and Bayard Avenue, and
WHEREAS, this Ordinance is enacted pursuant to the Charter of the City of Dover, Section 28 (c) to levy and collect the assessment against property owners whose land adjoins said installation to cover the cost thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. An assessment shall be, and hereby is, levied against all property owners whose property adjoins the installation of said sidewalks at the rate of $.65 per square foot adjoining said sidewalks.
2. This assessment shall be a lien against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. The assessment shall be paid within a five-year period from the date of enactment of the assessment and levy including interest which shall be at the rate of six per cent (6%) per annum on the unpaid balance of each assessment. The assessment plus accrued interest to the date of payment may be paid in full at any time during the five-year period. If the assessment is paid in full within one year, from the date of enactment of the assessment and levy, then all interest charges shall be waived and only the original amount of each assessment shall be paid.
4. A public hearing on said assessment and levy shall be held on March 12, 1973 at 8:00 PM in City Hall, The Plaza, Dover, Delaware at which time any appeals from the same may be heard. Notice of the public hearing shall be given by publication in the Delaware State News once a week for each of the two preceeding weeks prior to the date of the hearing.
ADOPTED FEBRUARY 26, 1973
STATE BOARD OF HEALTH LETTER
A letter was received from the State Board of Health pertaining to the fluoridation of the City of Dover water supply. Previous correspondence has been received from the State Board of Health pertaining to this matter, which the State says must be done by January 1, 1973. The City of Dover in a referendum before the voters of the City determined that the majority of voters at that referendum desire to not fluoridate the City’s water supply. A bill is presently being considered by the State Legislature that would eliminate the mandatory measure of the bill to require the fluoridation of water systems. On motion of Mr. Holpp, seconded by Mr. Hayes, Council referred this letter to the City Solicitor for his study and requested that he draft an answer for the State Board of Health.
LEVY COURT LETTER - JOINT AIRPORT AGREEMENT
A letter was received from the Levy Court requesting a meeting with the City Council to discuss the proposed joint use agreement for an airport at Dover Air Force Base. The Council has agreed to meet with the Levy Court on Thursday, March 8, 1973 at 8:00 PM in the Civil Defense Conference Room, Courthouse, Dover, Delaware.
TAX APPEAL HEARING - REALTY REGISTER AND PANY, INC.
A public hearing was advertised for this time and place to consider the plea of Pany of Delaware, Inc., and Realty Register, Inc., appealing in regard to the recent reassessment by the J. M. Cleminshaw Company. The court directed that the City give both parties the opportunity to appear before Council to state their case and to examine the J. M. Cleminshaw Company appraiser and his records. Mayor Carroll opened the hearing. No one was present to speak for either party. Both parties have been notified of this hearing. City Solicitor Rodriguez stated that this hearing should be held and that the Judge of the Superior Court be notified that the City had complied with his order. City Manager James stated that on this date he had been contacted by Mr. William Hudson, representing the parties involved, requesting that the City of Dover further reduce their assessment by $30,000. This was denied by the City Manager on behalf of the City. Mr. Hudson then stated that Realty Register, Inc., was no longer going to pursue this matter any further. He also stated that the attorney representing Pany of Delaware, Inc., was unavailable. At this time and he didn’t know what further course of action they would be taking. Mr. William Amundson, representing J. M. Cleminshaw Company was also present and was available for questioning in the event either party and/or the City wished to further question the assessment of 1972. Mayor Carroll declared the hearing closed. On motion of Mr. Legates, seconded by Mr. Hayes, Council directed that the assessments of Pany of Delaware, Inc., (Devon Apartments) remain at $653,700 and the assessments of Realty Register, Inc., (Lake Club Apartments) remain at $1,254,600 as recommended by the Tax Appeals Committee and approved by City Council at its regular meeting of April 10, 1972.
SOUTH GOVERNORS AVENUE WATER LINE - SEWER LINE
Requests for sewer and water services outside the City limits were discussed by the Utility Committee. All requests have come from properties that front on South Governors Avenue and are in the same area as Dr. Schaeffer’s property. In view of the recent court decision requiring the City to furnish these utilities, it is the recommendation of the Utility Committee that these utilities, being both sewer and water, be made available to those that have requested them and that the charges be applied as per the latest Albright & Friel report. Mayor Carroll addressed the representatives of Albright & Friel who were present at this meeting and questioned whether these figures were up-to-date figures and whether they also included allowances for future expansion and potential development of the system to meet the needs of this area and the City of Dover water system, and what effect this would have on the capacity and capabilities of the City’s system. The representatives of Albright & Friel stated that they felt that these questions could best be answered by updating the report and more specifically outlining this area being considered at this time. They will work on this update and have it available at the next Council meeting. Mr. Henry Horsey, representing Delmarva Enterprises (Dr. Schaeffer) was present and questioned whether the City planned at this meeting to okay the installation of sewer and water service to Dr. Schaeffer’s property. Mayor Carroll stated that this would be done as soon as the report was made available by Albright & Friel and more specific costs figures and time tables could be obtained in order to make a more realistic charge to the potential customer for tapping into the City’s system.
COUNCIL ADJOURNED AT 9:30 PM
JAY R. DOUGHERTY
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at its meeting of February 26, 1973 are hereby approved.
CRAWFORD J. CARROLL
February 27, 1973