REGULAR MEETING
August 14, 1972
The regular meeting of City Council was held on Monday, August 14, 1972 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 regular Council meeting held on July 24, 1972 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police report for the month of July was accepted.
Building Inspector & Fire Marshal report for the month of July was accepted.
City Planner report for the month of July was accepted.
Alderman report for the month of July was accepted, fines in the amount of $946 were remitted.
Cash Receipts, General Fund, for the month of July were accepted.
Budget Report, General Fund, for the month of June was accepted.
Cash Receipts, Electric Revenue Fund, for the month of July were accepted.
Cash Receipts, Electric Improvement Fund, for the month of July were accepted.
City Manager report for the month of July was accepted.
J. P. COURT #7 REPORT
The monthly report of the J. P. Court #7 was received attached to a check in the amount of $8,620.93 covering fines collected during July. Deferred payments due the City of Dover as of July 31, 1972 amount to $23,172.33. Council accepted the report as presented.
UTILITY COMMITTEE
A written report of the Utility Committee meeting held on August 8, 1972 was presented by Chairman Holpp. On motion of Mr. Harris, seconded by Mr. Walls, Council accepted the report as presented.
THE BEECHES SUBDIVISION
A request was received by the developer of the Beeches, a subdivision lying east of U.S. Route 13, to waive the 60' right-of-way and 38' paving required in subdivision regulations. The developer has request a 50' right-of-way and 32' paved street: The Utility Committee has recommended that such a waiver be granted. On motion of Mr. Muir, seconded by Mr. Biggs, a motion was placed before Council to waive the subdivision requirements for street widths as outlined above in the area known as The Beeches. By a vote of 2 ‘yes’, Messrs Biggs and Muir, and 6 ‘no’, Messrs Harris, Hayes, Holmes, Holpp, Legates and Walls, the above motion was defeated and the subdivision regulations will be applied to the area known as The Beeches.
ROBINO ANNEXATION REQUEST
A request has been received from Frank Robino Inc. to annex to the City of Dover the Dover Country Club Apartments and adjoining lands. On motion of Mr. Hayes, seconded by Mr. Holmes, Council referred this request to the Utility Committee for their study and recommendation.
LUNA MISHOE ANNEXATION REQUEST
A request for annexation of lands owned by Dr. Luna I. Mishoe located on College Road was considered by the Utility Committee. Pending a report of the Utility Committee on other annexation requests, action on this request was recommended by deferred. On motion of Mr. Holmes, seconded by Mr. Muir, Council deferred action on this request until a later date.
NEW ELECTRIC REGULATIONS
The Utility Committee has recommended to adoption of new electric regulations specifically dealing with underground services. On motion of Mr. Holpp, seconded by Mr. Hayes, Council deferred action on this request so as to give the Council time to study these new regulations. They will be presented for adoption at the next Council meeting.
DOVER PRODUCTS COMPANY
The Utility Committee reviewed a request from Dover Products Company on Denneys Road to allow them to dispose of their wastes into the City of Dover sewer system. They are presently outside the City limits. It was the feeling of the Committee that since this plant is within the service area laid out by the City and Council that the only way this service could be provided would be providing Dover Products was annexed in to the City. On motion of Mr. Walls, seconded by Mr. Harris, Council by unanimous vote directed that Dover Products Company be notified that unless they were successful in having their property annexed to the City this request for the City to provide them with sewer service would be denied.
REA-DPL LINES
A request was made to the City by Maple Dale Country Cub to furnish them electricity since they are within the City limits and are now being furnished water service by the City. The Country Club is presently being furnished by the REA. The Utility Committee also was made aware of the fact of other locations within the City that are services by both REA and DPL. The Committee recommended that the City Manager be authorized to start negotiations with both REA and DPL for the purchase by the City of their existing lines within the City of Dover. On motion of Mr. Harris, seconded by Mr. Hayes, Council by unanimous vote approved the recommendation of the Utility Committee.
COUNTY SEWER LINES
The City of Dover is presently being faced with the problem of overload of the designed capacity of some of the sewer lines with the City limits. Two recommendations were received by the Utility Committee to relieve this situation. One was to construct addition sewer lines at a cost of approximately one million dollars or to request the Kent County Levy Court an amendment be made to the present contract that would allow the City of Dover to tap into the County Sewer Line at a point or points that would be convenient to the City of Dover. On motion of Mr. Hayes, seconded by Mr. Harris, Council authorized the City Manager to make a formal request of the County to amend the present contract as outlined above.
PROJECT 52 & PROJECT 54
Bids were received this date on Project 52, State College Water Line. Three (3) bids were received with the low bidder being Teal Construction Company with a bid price of $122,515. On motion of Mr. Harris, seconded by Mr. Walls, Council by unanimous vote awarded the contract for Project 52 to the low bidder Teal Construction Company at the bid price of $122,515.
Bids were received this date for Project 54, Sidewalk Requirements for 1972. Five (5) bids were received with the low bidder being Mitten Construction Company at the bid price of $26,700. On motion of Mr. Hayes, seconded by Mr. Muir, Council awarded the contract on Project 54 to the low bidder, Mitten Construction Company at the bid price of $26,700.
DOVER BIG-LEAGUE RESOLUTION
On motion of Mr. Legates, seconded by Mr. Hayes, Council by a unanimous roll call vote adopted the following resolution honoring the Dover Big League Baseball Team.
WHEREAS, the Dover Big League Baseball Team has completed a most successful season by going undefeated in league play; and
WHEREAS, the Dover Big League Team represented the State of Delaware and Region II of Little League Baseball at its most recent tournament held at Oceanside, New York, where the Dover team finished in second place.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council wish to extend their congratulations and appreciation to Manager Harold Ray and all the members of the Dover Big League Team that represented the City of Dover and the State of Delaware in the most recent tournaments for an outstanding job well done.
2. That this Resolution shall be made a part of the permanent records of the City of Dover in commemoration of the 1972 Dover Big League Team and Manager Harold Ray.
ADOPTED AUGUST 14, 1972
CHARLES PIETSCH REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of the property located at 1100 South Little Creek Road. Mayor Carroll declared the hearing opened. Mr. J. J. Nuttall, Equitable owner was present and addressed Council on his desire to have this property rezoned for townhouse-use. Mr. Andrew Couhig, local real estate agent, was also present and spoke on behalf of the rezoning. A letter was read by City Planner Brown from the Base Civil Engineer, Dover AFB, voicing their objection to such a rezoning as it would come into a zone that would find noise extremely objectionable to these future residents. Mr. George Thompson of 1172 South Little Creek Road was also present and spoke as to his objection to the rezoning. The Planning Commission by a vote of 2-0 voted to approve this request. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Legates, Council by a roll call vote of 5 ‘yes’ and 3 ‘no’, Messrs Holmes, Muir and Walls, deferred any action on this request pending a further review by the Planning Commission at their next meeting.
DELAPEAKE REZONING REQUEST
A request was received from Delapeake Realty Company to rezone land they own located on West Division Street. A public hearing is required prior to amending the zoning map of the City of Dover. On motion of Mr. Walls, 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 MAP AND ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on West Division Street between the Railroad and Ridgely Street is presently zoned for M 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 11, 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 M to C-3 that land located on West Division Street between the Railroad and Ridgely Street, owned by Delapeake Realty Company and containing approximately 3.2 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED AUGUST 14, 1972
WILLIAMS REZONING REQUEST
A request was received from Joseph & Myrtle Williams to rezone property they own located at 583 N. DuPont Highway. A public hearing is required prior to amending the zoning map of the City of Dover. On motion of Mr. Walls, seconded by Mr. Hayes, 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 at 583 North DuPont Highway is presently zoned for R20 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 11, 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 C-4 that property located at 583 N. DuPont Highway, owned by Joseph & Myrtle Williams, and containing approximately 13,500 square feet.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED AUGUST 14, 1972
STERLING REZONING REQUEST
A request has been received from William Sterling to rezone property he owns located at 1132 South Little Creek Road. Prior to amending the Zoning Map and Ordinance a public hearing is required. On motion of Mr. Hayes, seconded by Mr. Walls, 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 at 11323 South Little Creek 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 11, 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 RG-3 that land located at 1132 South Little Creek Road, owned by William H. Sterling, equitable owner being J. J. Nuttall, Inc., and containing approximately 15.1 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED AUGUST 14, 1972
CARLISLE - LOUMAR REZONING REQUEST
A request has been received to rezone land located on the west side of U.S. Route 13. A public hearing is required prior to amending the zoning ordinance and map of the City of Dover. On motion of Mr. Legates, seconded by Mr. Walls, 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 on the west side of U.S. Route 13, north of Delaware State College is presently zoned for C-4 and IPM 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 11, 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 C-4 and IPM to RC that property located on the west side of U.S. Route 13, north of Delaware State College, owned by Carlisle Land, Inc.; and Mario & Yolanda D’Antonio and Louis & Shirley Reaback, and containing approximately 28 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED AUGUST 14, 1972
PINE STREET FIRE SIREN
A request was received from residents of Pine Street protesting the installation of another fire siren on Pine Street. They stated that they circulated a petition last year an apparently this went unnoticed, since the fire siren was installed in this area. It was stated before Council that there is a committee of the Fire Department that handles problems such as this. On motion of Mr. Legates, seconded by Mr. Hayes, Council directed that acknowledgment of this letter be sent to the petitioners and that the letter be forwarded to the Fire Department.
STATE BUILDING DIRECTORY SIGNS
A request has been received from the State Building & Grounds Divisions to install 4' x 6' directory signs at seven locations adjacent to State Buildings. The majority of these signs will be in the I0 Zoning District that are to be erected. In the I0 Zone, the ordinance allows for a 50 square foot sign, but it must be erected adjacent to and flush to the wall of the building. These signs will be on the corner of the properties, but just out of the right-of-way, which is contrary to the Zoning Ordinance. The Council has the authority to waive this requirement and permit the erection of these signs. On motion of Mr. Harris, seconded by Mr. Holmes, Council directed the Building Inspector to notify the State Department of Buildings & Grounds that the erection of these seven signs will be permissible at this time.
AMBASSADORS CLUB
A request was received from James Hynson, representing the Ambassadors Club, a musical group, asking permission to hold a musical concert at Silver Lake on August 27th between the hours of 3:00 P.M. and 8:00 P.M. On motion of Mr. Hayes, seconded by Mr. Legates, Council referred this request to the Parks Committee for their study and recommendation.
SPEED LIMIT ORDINANCE
On motion of Mr. Harris, seconded by Mr. Walls, Council by unanimous roll call vote adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special limits for all vehicles be, and the same hereby is established, for Lafferty lane between Horsepond Road and U.S. Route 113, which speed limit shall be 45 miles per hours.
2. That this ordinance shall be enforced upon the erection of appropriate signs.
MINI-BIKES
The increasing problem of illegal use of mini-bikes in the City of Dover was discussed at this time by Council. It has been suggested that some type of ordinance be adopted that would allow the City to register these vehicles in order to determine the number being used in the City and the need for additional facilities to handle them. This problem was referred to the Parks Committee for their study and recommendation with a report to be returned to Council.
ALLEY ABANDONMENT - EASTOVER HILLS
A request has been received from Mr. Thomas Jackson to abandon and vacate a portion of an alley located in Eastover Hills bordering on the south by lots 37 and 38 of Eastover Hills. On motion of Mr. Hayes, seconded by Mr. Legates, Council adopted the following resolution and referred the request to the Utility Committee.
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A PORTION OF AN ALLEY IN EASTOVER HILLS IN THE CITY OF DOVER.
1. Council of the City of Dover is considering the vacating and abandoning of a portion of an alley in Eastover Hills as follow:
All that certain piece, parcel or section of alley lying and being situated in the City of Dover, East Dover Hundred, Kent County and the State of Delaware and being more particularly described as follows, to wit:
The section of alley shown on a plot recorded in the Recorder of Deeds Office in and for Kent County known as Eastover Hills and being that section of alley bordered on the south by lots 37 and 38 and on the north by lot 40 as shown on the said plot.
2. The Council of the City of Dover will sit on Monday, August 28, 1972 at 8:00 P.M. at the City Hall to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover Chapter 158, Volume 36, Laws of Delaware.
3. The Clerk of Council is hereby directed to post copies of this resolution in five or more places in the City of Dover and to publish the same in a newspaper published in the said City.
ADOPTED AUGUST 14, 1972
AIR FORCE AD
A request was received from Military Publishers, Inc. a private firm that publishes a booklet for the Defense Department and Dover Air Force Base that is distributed to all incoming personnel upon their assignment to Dover Air Force Base. The normal cost of the ad would be $1800, but it was being offered to the City of Dover at this time for $900. A motion was made by Mr. Harris, seconded by Mr. Holpp, Council directed that such an ad as requested above not be purchased at this time. Mr. Hayes and Mr. Legates vote against this motion.
LITTLE LEAGUE DONATION
On motion of Mr. Walls, seconded by Mr. Hayes, Council approved a donation of $400 to the Dover Little League to help defray the expenses incurred by the Big League Team in their most recent trip to Oceanside, New York.
COUNCIL ADJOURNED AT 9:15 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of August 14, 1972 are hereby approved.
Crawford J. Carroll
Mayor
AUGUST 15, 1972