REGULAR MEETING
October 9, 1972
The regular meeting of City Council was held on Monday, October 9, 1972 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 Dr. Robert Parker of Wesley College.
MINUTES
The minutes of the regular Council meeting held on September 25, 1972 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police report for the month of September was accepted.
Building Inspector & Fire Marshal report for the month of September was accepted.
City Planner report for the month of September was accepted.
Alderman report for the month of September was accepted, fines amounting to $971 were remitted.
Cash Receipts, General Fund, for the month of September were accepted.
Cash Receipts, Electric Revenue Fund, for the month of September were accepted.
Cash Receipts, Electric Improvement Fund, for the month of September were accepted.
City Manager report for the month of September was accepted.
CITY FLAGS
A quantity of City flags were purchased for sale by the City of Dover. This quantity of flags were purchased in order to secure a more reasonable price in having these flags made. The cost was approximately $10 per flag. The City Manager has recommended that these flags be sold for $10. On motion of Mr. Legates, seconded by Mr. Hayes, the recommendation of the City Manager was approved.
VETERANS DAY CLOSING
In lieu of the National Holiday observing Veterans Day being celebrated on October 23, 1972, the City Manager has recommended that all City Offices be closed on this date instead on November 11, 1972, asper the employment policy. On motion of Mr. Legates, seconded by Mr. Walls, Council directed that Veterans Day be observed by the City of Dover on October 23, 1972. It has also been suggested that for the holiday schedule of 1973, the Legislative & Finance Committee review this and set the actual holiday dates that will be observed by the City of Dover.
INVESTMENT BANKERS
Upon the recommendation of the Financial Consultant of the City of Dover, Mr. Henry Kahkonen, the City of Dover has considered the changing of the Investment Bankers for the financing on the 100 MW Unit at McKee Run Generating Station. The firm of Drexel Firestone, Inc., has been employed in the past as our bankers, but the recommendation is that we change and retain the firm of Merrill Lynch Pierce Fenner & Smith. On motion of Mr. Holmes, seconded by Mr. Walls, Council by unanimous roll call vote adopted the following resolution appointing Merrill Lynch Pierce Fenner & Smith as Investment Bankers.
RESOLUTION SELECTING MERRILL LYNCH PIERCE FENNER & SMITH, INC. AS INVESTMENT BANKERS
WHEREAS, The City of Dover is engaged in the construction of a 100MW electric plant in order to meet the increased demands for electric service; and
WHEREAS, Drexel Firestone, Inc., designed the financial program for the financing of said electric plant by issuing three issues of revenue bonds to finance said construction; and
WHEREAS, approximately 12.07 million dollars of revenue bonds have already been issued according to said program at an interest rate of seven and one-quarter (7 ¼) per cent; and
WHEREAS, the market conditions have changed since the issuance of said bonds and the current interest rate for municipal bonds has been reduced since the City money in the financing of said program; and
WHEREAS, Merrill Lynch Pierce & Smith, Inc. has reviewed the financial program of the City of Dover at the request of the City and has presented a plan to the City which is acceptable for refinancing of the cost of construction of said electric plant.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER
1. That Drexel Firestone, Inc., shall be and they hereby are discharged as investment bankers for the City of Dover and the City Clerk is directed to duly notify Drexel Firestone, Inc. of the rescinding of a resolution previously adopted by the City in 1972 appointing Drexel Firestone, Inc. as investment bankers for the City of Dover.
2. Merrill Lynch Pierce Fenner & Smith, Inc. is hereby selected as investment bankers for the City of Dover to review the financing plan and program for the payment of construction costs for the 100MW electric plant now under construction and to recommend such changes as may be beneficial to the City of Dover in light of now current circumstances and to submit a proposal for refinancing for acceptance by the City of Dover.
3. The Mayor and City Clerk are hereby authorized to sign any and all contracts or agreements with Merrill Lynch Pierce Fenner & Smith, Inc. to carry out the purchases of this resolution for the appointment of said firm as investment bankers for the City of Dover and to work out the details of compensation and payment due said firm for services rendered as investment bankers.
ADOPTED OCTOBER 9, 1972
SAFETY ADVISORY COMMITTEE
A written report of the safety Advisory Committee meeting held on September 28, 1972 was presented by Chairman Walls. On motion of Mr. Hayes, seconded by Mr. Muir, Council accepted the report as presented.
EAST LOOCKERMAN STREET
The closing of East Loockerman Street was referred to the Safety Advisory Committee for their study and recommendation. It was the recommendation of the Safety Committee to reopen East Loockerman Street. An overall development plan for the flow of traffic in this area has been presented by the Chief of Police. Further study will be made on his proposals and recommendation made at that time. On motion of Mr. Hayes, seconded by Mr. Muir, Council by unanimous roll call vote rescinded the action of the Council meeting of August 28, 1972 and reopened the section of East Loockerman Street that had been closed to traffic effective September 1, 1972.
ADDITIONAL CROSSING GUARDS
A request has been received from the Chief of Police to hire two (2) additional crossing guards for the intersections of East Loockerman Street-Bayard Avenue and Division Street-Kent Street. The Safety Advisory Committee recommends that the additional guards be hired. On motion of Mr. Hayes, seconded by Mr. Harris, Council approved the request of the Chief of Police.
SPENCE REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of the property located at 896 South State Street. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has recommended approved of this request. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Hayes, Council by unanimous roll call vote 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 PROPERTY LOCATED AT 896 SOUTH STATE STREET FROM R-8 TO RG-1 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 from R-8 to RG-1 on that property described below.
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-8 to RG-1 on that property located at 896 South State Street, owned by W. Lloyd Spence and containing approximately 31,500 square feet.
ADOPTED OCTOBER 9, 1972
ANNEXATION REFERENDUM RESULTS
The Election Officials of Kent County certified to the City Council the results of the referendum election held on September 28, 1972 in the area west of the present City limits. On motion of Mr. Legates, seconded by Mr. Walls, seconded by Mr. Walls, Council by unanimous roll call vote accepted the following results of the annexation referendum as certified.
FOR ANNEXATION 16,585 Votes
AGAINST ANNEXATION 4,828 Votes
An injunction was received this date from the Court of Chancery of the State of Delaware enjoining the City of Dover from accepting the above petitioned area into the limits of the City of Dover in spite of the fact that the total votes cast were in a majority in favor of annexation. This suit was instituted by a local group of citizens in the area involved. The City Solicitor stated that the City’s position in his opinion, was firm and that he recommended that action be tabled at this time pending a decision by the Court of Chancery. On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous roll call vote deferred action on this annexation referendum results, pending a decision as soon as possible to allow the Council to them make their decision.
DOVER EAST INC. REZONING
A request has been received to rezone land located on South Little Creek Road owned by Dover East, Inc. A public hearing is required prior to amending the Zoning Ordinance and Map. On motion of mr. Walls, seconded by Mr. Biggs, Council adopted the following resolution and referred this request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE DELAWARE CODE.
WHEREAS, certain property located on South Little Creek Road is presently zoned for RG-2 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Ordinance, and Zoning Map.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER
1. That a public hearing be held in City Hall on November 13, 1972 at 8:00 P.M. on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezone from RG-2 to RG-3 that land lying on the northside of South Little Creek Road, owned by Dover East, Inc. and containing approximately 12.20 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED OCTOBER 9, 1972
KENT COUNTY REPUBLICAN COMMITTEE
A request has been received from the Kent County Republican Committee to locate two (2) trailers in the City of Dover to be used as Representative District Headquarters during the current campaign. On motion of Mr. Hayes, seconded by Mr. Muir, Council approved the request of the Kent County Republican Committee pending final approval of the Building Inspector.
MAIDSTONE BRANCH DAM
A LETTER was received from Mr. Austin Heller, Secretary of Department of Natural Resources stating that a contract for the engineering services necessary in the design of a dam on Maidstone Branch has been let and work will commence shortly on this phase of the project. He further stated that the City will be kept informed as the project progresses.
REGISTRATION LIST - SECOND READING
The names of the registered voters in the City of Dover that are being proposed for removal was presented to the Council for the second time, per the City Code. A certified letter has been sent to all persons on this list, with a few noted exceptions, stating they must notify the Clerk of Council prior to November 1, 1972 of their intentions to remain as a registered voter for Municipal Elections. On motion of Mr. Legates, seconded by Mr. Walls, Council accepted the list once again as presented. The final list of names to be removed will be presented to Council at the first meeting of November.
LEONA LUZADDER BUILDING PERMIT
Mrs. Leona Luzadder was present before Council and requested a reply to Council on her denial for a building permit. Mrs. Luzadder had applied to Mr. Roe for a building permit but was denied since her property does not front on a public street. Her property is located in the subdivision owned by Roger Davis located on the White Oak Road. On motion of Mr. Walls, seconded by Mr. Holmes, Council referred this matter to the Utility Committee for their study and recommendation.
COUNCIL ADJOURNED AT 8:30 P.M.
JAY R. DOUGHERTY
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at its meeting of October 9, 1972 are hereby approved.
CRAWFORD J. CARROLL
MAYOR
OCTOBER 10, 1972