REGULAR MEETING
August 28, 1972
The regular meeting of City Council was held on Monday, August 28, 1972 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Harris, Hayes, Holmes, Holpp, Muir and Walls. Councilman Legates was absent.
MINUTES
The minutes of the regular Council meeting held on August 14, 1972 were accepted and bore the written approval of Mayor Carroll.
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playgrounds & Trees Committee meeting held on August 17, 1972 was presented by Chairman Walls. On motion of Mr. Muir, seconded by Mr. Holpp, Council accepted the report as presented.
MUSIC CONCERT - SILVER LAKE
A request had been received from a local musical group to hold a concert at the recreational area of Silver Lake. The Parks Committee discussed this request and recommended that the Council deny the request. On motion of Mr. Holpp, seconded by Mr. Muir, Council approved the recommendation of the Parks Committee and denied the request for the concert.
WHATCOAT DEVELOPMENT PARKLAND
The Whatcoat Development Corporation located on Saulsbury Road has requested that the City less from them approximately 1.5 acres of land and develop it into a public recreational area for all the residents of the City. The Parks Committee recommended that this land be leased by the City and developed when monies become available. A question was raised by Council as to whether this development comes under the subdivision regulations whereby they would have to provide a certain amount of land for parkland. On motion of Mr. Hayes, seconded by Mr. Holpp, Council tabled action on this request at this time pending a determination on the subdivision approval for this project.
UTILITY COMMITTEE REPORT
A written report of the Utility Committee meeting held on August 22, 1972 was presented by Chairman Holpp. On motion of Mr. Holmes, seconded by Mr. Walls, Council accepted the report as presented.
NO. 6 FUEL OIL CONTRACT
Renegotiations of the contract for the supply of #6 fuel oil have been taking place since June, and it has been determined that of the two bids received the low bid of Texaco Company for the supply of this oil has been reviewed by the Utility Committee and recommended that a contract be awarded to the Texaco Company and that official notice be given to the present supply, Gulf Oil Company, as per the existing contract. On motion of Mr. Walls, seconded by Mr. Harris, Council by unanimous vote approved the recommendation of the Utility Committee.
LOOCKERMAN STREET CLOSING
A letter was received from the residents of East Loockerman Street asking Council to close the section of East Loockerman Street east of U.S. Route 13 as was approved by Council after a public hearing held on June 12, 1972. They were requesting that this section of East Loockerman Street be closed by September 1, 1972. Mr. Harris asked if there was any reason why this street could not be closed at this time since it was approved by Council. After much discussion by Council, a motion was made by Mr. Holpp, seconded by Mr. Harris, and passed by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Legates, that the City Manager proceed forthwith in closing the section of East Loockerman Street to public use as outlined in the hearing held on June 12, 1972. The title to the section of East Loockerman Street to be closed will remain in the name of the City of Dover.
WAREHOUSE DEDICATION
An Open House and the Official Dedication of the new City Warehouse located on the southwest corner of William and Pear Streets will be held on Tuesday, September 12, 1972 between the hours of 7:00 P.M. and 9:00 P.M. Mr. James, City Manager, announced that this open house and dedication will be held at this time and that the public will be invited to same.
ASSISTANT CITY MANAGER
Mr. James, City Manager, announced at this time he has selected Mr. C. Donald Hodge to fill the vacancy of Assistant City Manager. Mr. Hodge will commence working for the City on September 5, 1972.
SHADE REZONING
On motion of Mr. Hayes, seconded by Mr. Muir, Council removed from the table the request for rezoning of the property located at 29 South State Street, owned by John and Nancy Shade. The public hearing was held on 24th of July concerning this rezoning request. The Planning Commission has reviewed this a second time and has again recommended approval of this rezoning as requested. Under State Law, if more than 20 per cent of the property owners immediately adjacent to the property, within 100 feet, to be rezoned object in writing to such a request for rezoning, it then takes a three-fourths majority of all members of Council to rezone and approve such a request. The necessary petitions have been filed in this case and over 20% of the property owners within 100 feet object to such a request, thereby it is necessary for a 3/4ths vote of Council. On motion of Mr. Hayes, seconded by Mr. Muir, Council by a vote of 4 ‘yes’, Messrs Harris, Hayes, Holpp and Muir; 3 ‘no’, Messrs Biggs, Holmes and Walls; and 1 ‘absent’, Messrs Legates, Council recommended that the rezoning of 20 South State Street from RG0 to RG-2 be approved. Since the necessary 3/4ths vote was not obtained on this request, the request was defeated.
NORTHWEST DOVER HEIGHTS REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of Northwest Dover Heights. 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 request. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Holmes, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Legates, 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 ON WALKER ROAD AND MCKEE ROAD KNOWN AS NORTHWEST DOVER HEIGHTS FROM R-8 TO R-7 USE.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within 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 R-7 on that property described below.
NOW, THEREFORE, BE IT ORDAINED 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 Ordinance and Zoning Map of the City of Dover shall be amended by changing the zoning designation from R-8 t R-7 on that land located on the Walker Road and McKee Road known as Northwest Dover Heights.
ADOPTED AUGUST 28, 1972
EASTOVER HILLS ALLEY ABANDONMENT
A public hearing was duly advertised for this time and place to consider the vacating and abandoning of an alley located in Eastover Hills. Mayor Carroll declared the hearing opened. No one was present to speak for or against this request. This request was referred to the Utility Committee who after much consideration recommended that this request be denied. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Walls, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Legates, approved the recommendation of the Utility Committee and denied the request to close the alley as advertised for public hearing this date.
RICHARDSON REZONING
A request has been received to rezone land owned by the Harry Richardson Estate located at Walker and McKee Roads. A public hearing is required prior to amending the Zoning Ordinance of the City of Dover. On motion of Mr. Walls, seconded by Mr. Muir, 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 ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on the northwest corner of Walker and McKee Road is presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning Ordinance and Map.
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 on September 25, 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 R-20 to R-8, RG-2, RG-3 and C-2 that land located on the northwest corner of Walker and McKee Roads, owned by Harry Richardson Estate, equitable owner being J. V. Disabatino, Inc., and containing approximately 68.571 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED AUGUST 28, 1972
BEECHES REZONING
A request has been received to rezone the remaining lots in the development known as The Beeches, the lots presently being zoned R-20. A public hearing is required prior to amending the Zoning Ordinance and Zoning Map. On motion of Mr. Harris, seconded by Mr. Holmes, Council by unanimous vote 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 ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located in “The Beeches” is present zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Ordinance and Map.
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 on September 25, 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 R-20 to R-10 that land located on the east side of U.S. Route 13 in the area known as “The Beeches”.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED AUGUST 28, 1972
DOVER PRODUCTS REQUEST
A request was received from Dover Products Company asking the Council to consider the annexation of their property located on Denney’s Road, due to the fact that they have a sewage disposal problem and would like to hook into the City system. They have been informed that the only way they could hook into the City system would be if they were annexed into the City. On motion of Mr. Holmes, seconded by Mr. Walls, Council referred this request to the Utility Committee for their study and recommendation.
COUNTRY CLUB APARTMENTS ANNEXATION
A request had been considered by the Utility Committee to annex the Country Club Apartments into the City of Dover. The Utility Committee has recommended that the following referendum be set. On motion of Mr. Hayes, seconded by Mr. Walls, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’ adopted the following resolution upon the recommendation of the Utility Committee.
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 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 and tracts of land lying and being contiguous to the City of Dover in East Dover Hundred, Kent County, and State of Delaware and being more particularly described as follows, to wit:
BEGINNING at the intersection of the easterly right-of-way line of Saulsbury Road and the right-of-way line of the Hartly Road; and thence in a westerly direction following the present boundary of the City of Dover to the westerly right-of-way line of the Kenton Road; thence with the westerly right-of-way line of the Kenton Road in a northerly direction to the property line of the Dover Country Club; thence with the northernboundary of the Dover Country Club and in a southwesterly direction to lands now or formerly of Frank Robino; thence by and with the various lines of the lands of Frank Robino to the northerly right-of-way line of the Hartly Road; thence with the northerly right-of-way line of the Hartly Road and in a westerly direction to the westerly property line of Donald G. Carey; thence in a southerly direction and with the lines of the said Carey lands and with the westerly property line of Eugene Gagen to the Hazletville Road and thence continuing in a southerly direction with the westerly property line of Alvin Brittingham and with the southern line of the said Brittingham lands in an easterly direction to the easterly right-of-way of Old Mill Road or State Road 195; thence with the easterly right-of-way line of Old Mill Road and in a northerly direction to the southerly right-of-way line of the Hazletville Road; thence in an easterly direction to the present boundary of the City of Dover being the easterly right-of-way line of Mifflin Road; thence with the easterly right-of-way line of Mifflin Road in part and with the present boundary of the City of Dover in part and in a northerly direction to the northern property line of the Mifflin lands; thence with the said Mifflin lands in an easterly direction and continuing with the present boundary of the City of Dover to the easterly right-of-way line of Saulsbury Road; thence with the easterly right-of-way line of Saulsbury Road in a northerly direction home to the place of beginning be the contents what they may.
2. That an election be held on the 28th day of September A.D. 1972, commencing at the hour of 1:00 P.M. at 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 date of said election.
ADOPTED AUGUST 28, 1972
ELECTRIC REGULATIONS CHANGES
The Utility Committee has recommended certain changes in the City of Dover Electric Regulations. On motion of Mr. Hayes, seconded by Mr. Walls, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Legates, approved the following changes in the Electric Department Rules & Regulations. The approved changes are as follows:
7 - Services & Transformer Installations
7-b Underground Service
1. Residential, Underground from Overhead - The Customer may elect to have an underground service. The City will install the first 70 feet without charge with the remaining footage being installed as cost.
2. Residential, Underground to underground - Only underground will be supplied from and underground system. The City will install the first 70 feet without charge with the remaining footage being installed at cost.
7-c Relocation of Services
Any alterations, changes or relocations of the City-owned services, when requested by the Customer, shall be made by the City and the cost paid by the Customer.
In the event the City shall be required by any Public Authority to place underground or relocate any portion of the City’s distribution system, the City shall make the necessary changes in the location of the point of delivery following the regulations of Section 7-a and 7-b.
7-d Transformer Installations - The City will make transformer installation on public rights-of-way only as permitted by the regulations of the Public Authorities. The type of metering or load requirements may require the Customer to provide for the installation of transformer facilities on private property.
If the electricity supplied is metered at primary voltage, all structures, cable, and/or vaults and all electrical substation equipment shall be installed, owned and maintained by the Customer.
If the electricity supplied is metered at secondary voltage and substation is in a vault, the vault location and accessibility must be approved by the City and the City will supply only the transformer. If the substation is outside, the City will supply the transformer, the necessary primary protective equipment and incidental primary busing.
17 - Service to Trailer Parks
17-a Service Design
The trailer park operator is responsible for contacting the City for aid in the design of the electrical distribution system at the trailer park so as to permit the delivery of energy through individual meters to each trailer tenant. The design must conform to the standards of the National Electrical Code, Local Authorities and be approved by the City.
17-b Single Meter Supply
No additional trailer park will be installed under this service classification and all existing trailer parks must be converted to the classification of 17-c Multi-Meter Supply no later than July 1, 1974. Under this change the City will revamp as necessary the existing distribution system up to and including the meter socket, all installations from the meter to the trailer panel will be at the expense of the trailer park owner. All trailers must also conform to the National Electrical Code Regulations for Mobil Homes, and any changes necessary will be at the expense of the owner.
17-c Multi-Meter Supply
The City will supply all facilities as required up to and including the meter socket. The location of the meter sockets will be in accordance with Section 17-a and should be such that no less than two or more than four trailers can be served from one location. All other installations will be the responsibility of the trailer park owner.
17-e Application and Deposit
Each trailer tenant shall make a suitable deposit when connected, however, the railer park operation may make a suitable deposit and guarantee the accounts for individual tenants. If this arrangement is elected, connections and disconnections of services may be handled by trailer park operators via telephone to the City.
17-f Rules and Regulations
All applicable Rules and Regulations, in addition to those listed above, shall apply to trailer parks.
18 - EXTENSIONS
18-b Overhead Single Phase Extension
1. Guarantee of Revenue - Where the prospective Customer is non-permanent or seasonal the cost of all lines beyond 1000 feet will be at the customers expense. In addition a minimum monthly charge of seventy-five cents (75¢) a KVA will be charged for transformer capacity for a period of 3 years. The Customers usage will be included as part of the charge.
2. Extension of Customer’s Property - The City will install, own and maintain at its expense and extension on private property for the use of a residential customer provided the annual revenue will justify the cost of the extension. The City will also retain the right to tap from this line to serve additional customers where good engineering dictates its feasibility.
Extensions on private property to serve a single commercial or industrial customer will be determined by their classification of service.
18-c Overhead Three Phase Extensions
2. Commercial and Industrial - For a commercial or industrial customer extensions will be made on or along public right-of-way. Extensions on private property to serve a single commercial or industrial customer will be determined by their classification of service.
18-d Underground Extensions
1. Residential - The City will install underground extensions of primary, secondary and services to serve customers in new developments where the entire area is laid out and planned initially for underground distribution.
The City’s investment will be limited to two times the estimated annual revenue from the customers to be initially served in the development. When the estimated annual revenue will not justify the investment, the owner or developer will be required to deposit with the City, without interest, the difference between two times the estimated annual revenue form the customers to be initially served and the estimated cost to serve these customers. As additional facilities are needed to serve additional customers the same comparison of two times the estimated annual revenue and the estimated cost shall be made, and the owner or developer may be required to make additional deposits or may receive a refund accordingly. No refund in excess of the amount of the deposit will be made nor will any refund be made after ten (10) years from the date of the start of the construction.
The City will examine request for underground extensions individually in areas other than those planned initially for underground to determine the guarantee or financing required.
Public Street Lighting delete 250 watt mercury.
Terms and Conditions - #4 eliminate “provided the said change is approved by the customer”
Electric Heat - 1. Residential Electric Service - dwelling units is intended to mean single family residents, or apartment houses, town houses, or condominiums that are individually metered on the outside of the building.
2 Master metering will be permitted for Town Houses, Condominiums, or Apartment Houses if the electric service in its entirety or the heating and air-conditioning of the building is provided by the owner or building supervisor as a part of the rent or maintenance charge on an equal basis. No separate metering to regulate tenant payment will be permitted.
ADOPTED AUGUST 28, 1972
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 August 28, 1972 are hereby approved.
Crawford J. Carroll
Mayor
AUGUST 29, 1972