REGULAR MEETING
January 10, 1972
The regular meeting of City Council was held on Monday, January 10, 1972 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Coyle, Hayes, Holmes, Holpp, Legates, Muir and Walls.
MINUTES
The minutes of the regular meeting of City Council of December 13, 1971 were accepted and bore the written approval of Mayor Carroll.
REPORTS
The Chief of Police report for the month of December was accepted.
The Building Inspector & Fire Marshal report for the month of December was accepted.
The City Planner Report for the month of December was accepted.
The J. P. Court #7 report for the month of November was accepted. A check in the amount of $6,229.30 was remitted to the City. Deferred payments as of November 30, 1971 total $21,590.81.
Cash Receipts, General Fund, for the month of December were accepted.
Budget Report, General Fund, for the month of November was accepted.
Cash Receipts, Electric Revenue Fund, for the month of December were accepted.
Cash Receipts, Electric Improvement Fund, for the month of December were accepted.
City Manager Report for the month of December was accepted.
SERVICE COST REPORT
A preliminary report by the City Manager’s Office was submitted with estimated figures on the cost of services rendered to the State of Delaware, such as trash collection, police protection, fire protection, etc., for which the City receives no reimbursement since these are tax exempt properties. The City has been approaching the idea of applying these charges to tax exempt properties as payment in lieu of taxes. On motion of Mr. Coyle, seconded by Mr. Walls, Council referred this matter to the Legislative & Finance Committee for their study and recommendation.
KENT COUNTY LANDFILL CHARGES
A letter was received from the County Engineer, Walter Fritz, stated that the City owns for months back charges for use of the Kent County Landfill, these charges amounting to approximately $4,000. It has been the feeling of Council that we should not be obligates for this charge since we perform services to the County at no cost. On motion of Mr. Coyle, seconded by Mr. Walls, Council referred this matter to the Legislative & Finance Committee for their study and recommendation.
BULLOCK REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of the property located at 33 Wyoming Avenue owned by the Arlington Bullock Estate. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has recommended that this be denied. Mayor Carroll declared the hearing closed. On motion of Mr. Holmes, seconded by Mr. Biggs, Council by unanimous roll call vote upheld the recommendation of the Planning Commission and denied this rezoning request, from R-8 to C-1A.
MEYER REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of the property located on the eastside of North State Street owned by Christina Meyer from R-20 to C-4. Mayor Carroll declared the hearing opened. Mr. Walt Ellis, representing Mrs. Neyer, was present and addressed Council stating that approximately 2/3 of the land she owns in the is area is presently zoned for C-4 use, and this would make all of her land under the same zoning. The Planning Commission deferred any action on this request pending clarification on the two private roads that run adjacent to one another, one being owned by Mrs. Meyer and the other by Mr. Harry Lepore. The feeling of Council is that these roads should be turned into one public road to serve the entire area. Mr. Lepore was present also, and stated that he would be in favor of this and would contact his tenant, Hardee’s Restaurant, to work out any possible agreement with them that would allow him to deed his 25' to the City. Mrs. Meyer stated that she would contract her tenant, Kirby & Holloway, to try and work out the same agreement. A letter was read into the record at this time from Mr. Ernest Keith, who stated that the did not disfavor the rezoning but would like to see some consideration for this public road, and also some consideration on the design of any buildings that might be put on this property to fit into the overall program which is trying to be developed in this area. Mayor Carroll then declared the hearing closed. On motion of Mr. Walls, seconded by Mr. Biggs, Council deferred any action on this request, pending a meeting with the two parties and the City on the possibility of their dedication of land to build a public road adjacent to these properties.
SCOTTON REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of property located on Horsepond Road, owned by Paul Scotton, from R-20 to M. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has recommended approval as submitted. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Coyle, 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 ON HORSEPOND ROAD, OWNED BY PAUL SCOTTON, FROM R-20 TO M 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-20 to M on that land 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 to change the zoning designation of the property located on Horsepond Road, owned by Paul Scotton, from R-20 to M, and containing approximately 2.176 acres.
ADOPTED JANUARY 10, 1972
WARREN BROTHERS REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of property located on Horsepond Road, owned by Warren Brothers Inc., from R-20 to M. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has recommended approval as submitted. Mayor Carroll declared the hearing closed. On motion of Mr. Coyle, seconded by Mr. Muir, 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 ON HORSEPOND ROAD, OWNED BY WARREN BROTHERS, INC., FROM R-20 TO M 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-20 to M on that land 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 to change the zoning designation of the property located on Horsepond Road, owned by Warren Brothers Inc., from R-20 to M, and containing approximately 7.71 acres.
ADOPTED JANUARY 10, 1972
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee meeting held on January 4, 1972 was presented by Chairman Walls. On motion of Mr. Legates, seconded by Mr. Holmes, Council accepted the report as presented.
STOP AND YIELD SIGN ORDINANCE
On motion of Mr. Legates, seconded by Mr. Hayes, Council by unanimous roll call vote adopted the following ordinance.
AN ORDINANCE ESTABLISHING STOP SIGNS AND YIELD SIGNS IN THE CITY OF DOVER
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That a stop sign shall be erected at the northeast corner of Slaughter Street and Simon Circle requiring traffic traveling in a westerly direction on Slaughter Street to stop at said sign.
2. A stop sign shall be erected on Simon Circle at the southeast corner requiring traffic traveling in a westerly direction on said Simon Circle to stop at said sign.
3. A stop sign shall be erected on the northeast corner of Simon Circle requiring traffic traveling in a westerly direction to stop at said stop sign.
4. A yield sign shall be erected at the southeast and northwest corners of Slaughter and Paul Streets south alley requiring traffic to yield at said sign.
5. A yield sign shall be erected at the southwest and northeast corners of Reese Street and Paul Streets south alley requiring traffic to yield at said sign.
6. A yield sign shall be erected at the corner of Bertrand Drive and Paul Street south alley requiring traffic to yield at said sign.
7. This Ordinance shall be enforced upon the erection of appropriate signs.
ADOPTED JANUARY 10, 1972
CONSTRUCTION PARKING ORDINANCE
On motion of Mr. Holmes, seconded by Mr. Biggs, Council by unanimous roll call vote adopted the following ordinance.
AN ORDINANCE PROHIBITING PARKING DURING CERTAIN HOURS AND DAYS ON SOUTH STATE STREET IN FRONT OF THE PROPERTY OWNED BY DIAMOND STATE TELEPHONE COMPANY.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That during the period of construction of the addition of the building located on South State Street owned by Diamond State Telephone Company, four parking spaces in front of said building on the west side of South State Street shall be reserved for use by the Diamond State Telephone Company and its contractors and sub-contractors in the erection of the building and no parking signs shall be erected designating these four parking spaces as such.
2. The Diamond State Telephone Company shall pay for the preparation and erection of said signs.
3. The signs shall prohibit parking in the four parking spaces from 7:00 A.M. to 5:00 P.M. on all days except Sundays and Holidays.
4. This Ordinance shall be enforced upon erection of the proper signs.
ADOPTED JANUARY 10, 1972
CURB LINE SOUTH GOVERNORS AVENUE
In absence of the establishment of a curb line by the Highway Department on South Governors Avenue in the vicinity of the hospital. The Safety Advisory Committee recommends that the present radius in the vicinity of the hospital be used to establish a curb line, so sidewalks and curbs may be installed by the contractor prior to completion of the hospital renovation and reconstruction. On motion of Mr. Legates, seconded by Mr. Hayes, Council accepted the recommendation of the Safety Committee and directed that the Building Inspector so inform the contractor at the Hospital.
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playgrounds & Trees Committee meeting held on January 4, 1972 was presented by Chairman Walls. On motion of Mr. Legates, seconded by Mr. Holmes, Council accepted the report as presented.
HUEBNER FARM LEASE
The Parks Committee was asked to study the use and/or disposition of the Huebner Farm. It is their recommendation that a lease be entered into with the present tenant, Mr. Charles Dempsey, for the same rental figure as the past two years, this lease to be for one year, with a one year option, cancellable by either party. On motion of Mr. Hayes, seconded by Mr. Holpp, Council directed the City Manager to enter into such an agreement with Mr. Dempsey as outlined above for the lease of the Huebner Farm.
G. PRESTON WARD RESOLUTION
On motion of Mr. Walls, seconded by Mr. Hayes, Council by unanimous vote adopted the following resolution honoring the memory of Former City Manager, G. Preston Ward.
A RESOLUTION EXPRESSING REGRET OF THE MAYOR AND COUNCIL OF THE CITY OF DOVER AT THE DEATH OF FORMER CITY MANAGER, G. PRESTON WARD.
WHEREAS, G. Preston Ward, served the City faithfully and competently as City Manager from March 1952 to October 1966, under the administrations of Mayor W. Edward Haman and Crawford J. Carroll; and
WHEREAS, G. Preston Ward took great interest and was of great assistance in the orderly growth and development of the City by holding with the planning and construction of the McKee Run Power Plant, the City’s waste treatment plant, the City’s growth connected with the enlargement of Dover Air Force Base under MATS, and the choice of Dover as the site of the General Foods, Jell-O plant; and
WHEREAS, G. Preston Ward designed the seal of the City of Dover; and
WHEREAS, G. Preston Ward departed this life on December 15, 1971.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER; IN COUNCIL MET:
The Mayor and Council of the City of Dover have experienced personal grief and regret at the death of G. Preston Ward; and
The Mayor and Council of the City of Dover express their great sorrow at the death of G. Preston Ward and extend their sincere sympathy to his family; and
The Mayor and Council of the City of Dover direct the Clerk of Council to make this Resolution a part of the permanent records of The City of Dover to become a living memorial showing the appreciation of the City for the faithful and competent services rendered by the late G. Preston Ward.
ADOPTED JANUARY 10, 1972
ELECTION OFFICIALS - MUNICIPAL ELECTION
On motion of Mr. Hayes, seconded by Mr. Holmes, Council appointed Messrs Holpp and Walls and City Alderman to serve as election officials and Messrs Biggs and Legates to serve as alternates for the forthcoming Municipal Election, January 17, 1972. Also approved was the use of voting machines, the printing of sample ballots, the hiring of clerks and the use of Grace Fellowship Hall of Wesley Church as the polling place.
BID AWARDS - UNIT #3, McKEE RUN
Bids were received on January 4, 1972 for Switchyard Material for Unit #3. Bids were received from seven (7) bidders, with the low bid being that of H. K. Porter at a bid price of $123,740. On motion of Mr. Holpp, seconded by Mr. Walls, Council approved the recommendation of Laramore, Douglass & Popham and awarded the above contract to the low bidder, H. K. Porter at the bid price of $123,740.
Bids were also received on January 4, 1972 on Switchgear for Unit #3. Bids were received from four (4) bidders, with the low bidder being Westinghouse Electric Company at a bid price of $182,214. On motion of Mr. Holpp, seconded by Mr. Coyle, Council accepted the recommendation of Laramore, Douglass & Popham and awarded the above contract to Westinghouse at a price of $183,102, ($182,214 base bid plus $888 for freight charges fob McKee Run).
RICHARDSON PARK ANNEXATION
On this date, a portion of the Richardson lands lying between Silver Lake and Walker Road, known as Richardson Park, was dedicated to the City of Dover by Mr. William Richardson, on behalf of his Grandmother and Grandfather, Harry and Priscilla Richardson, to be maintained as a park-area for the City of Dover. On motion of Mr. Coyle, seconded by Mr. Biggs, Council by unanimous roll call vote adopted the following ordinance annexing Richardson Park and a portion of Walker Road within the limits of the City of Dover.
AN ORDINANCE ANNEXING PROPERTY OWNED BY THE CITY OF DOVER, WITHIN THE LIMITS OF THE CITY OF DOVER
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
WHEREAS, The City of Dover owned the following described parcel of land; and
WHEREAS, The Mayor and Council of the City of Dover deemed it in the best interest of the City of Dover to include said area within the limits of the City of Dover; and
WHEREAS, it is provided in 22 Del. C. 101 that any city may extend its corporate limits without an election by ordinance duly passed by the City government body if the lands to be annexed are owned wholly by the City which is extending its limits.
NOW, THEREFORE, BE IT ORDAINED:
1. That the following parcel of land be annexed to the City of Dover and included within its boundaries:
ALL that certain tract or parcel of land lying on the north side of Walker Road the west side of North Governors Avenue in the City of Dover, Kent County and State of Delaware, bounded on the south by the new north right-of-way line of Walker Road; on the east by the new west right-of-way line of North Governors Avenue; on the north by Silver Lake; and on the west by a new property line hereby established extending northerly in a straight line, slightly to the west of perpendicular to Walker Road, from the new north right-of-way line of said Road to Silver Lake, said new line being one (1) feet to the east of and parallel to a recently emplaced chain-link fence which is on and defines the west line of a drainage easement twenty (20) feet in width heretofore granted to the State of Delaware in conjunction with widening, improving and drainage Walker Road in accordance with plans therefor as set forth on Sheet No. 9 of the Right-of-Way Plans for Delaware State Highway Department Project 65-07-013, containing approximately one (1) acre of land, be the same more or less, together with the following described roadbed:
BEGINNING, at the intersection of the westerly right-of-way line of Governors Avenue and the northerly right-of-way line of Walker Road; thence with the above described piece of land in part and other lands of this Granter in part and in a westerly direction to lands of the Capital School District and thence westerly to the easterly right-of-way line of Pear Street Extended; thence in a southerly direction with the said easterly right-of-way line of Pear Street 60feet to the southerly right-of-way line of Walker Road; thence with the said southerly right-of-way line of Walker Road in an easterly direction to the westerly right-of-way line of Governors Avenue; thence with the said westerly right-of-way line of Governors Avenue and in a northerly direction 60' home to the place of beginning; be the contents what they may.
2. That a copy of this Ordinance duly certified by the Clerk of Council and a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County;
3. That the above described area so annexed and included within the limits of the City of Dover shall for all purposes beginning with the effective date of this resolution be a part of the City of Dover.
4. That the effective date of this resolution shall be the 1th day of January, A.D., 1972, at 12:01 A.M.
ADOPTED JANUARY 10, 1972
F.O.P. REQUEST
A letter was received from the Kent Count Lodge No. 3 of the Fraternal Order of police requesting that the City Council adopt a resolution that would permit the formation of organizations or unions within the employ of the City of Dover. They have requested such permission and would like the FOP to represent the City of Dover Police Department in their negotiations with Council. The adoption of such a resolution would also cover all other City Employees as well as the police. On motion of Mr. Holpp, seconded by Mr. Muir, Council requested that acknowledgment of the letter be forwarded and that no action on such a resolution be taken at this time.
CLEMINSHAW REQUEST
J. M. Cleminshaw has requested of the City permission to send to each property owner a letter stating the new apprisal of each individual property upon the completion of their work with the City. This letter would state to the property owner the new appraised value of their real estate, plus the announcement of the informal hearings to be held by Cleminshaw prior to the assessment by the City of Dover. The cost of the service will be borne by the City of Dover and it is expected that it will cost approximately 42500. On motion of Mr. Hayes, seconded by Mr. Coyle, Council authorized the expenditure of the money to send the above mentioned letter by Cleminshaw, after such a letter has been edited by the City of Dover and after the receipt of the figures from Cleminshaw as per the contract.
FIRE HYDRANT SURVEY
A detailed survey of all the fire hydrants on the City of Dover water system has just been completed. A copy of this survey has been made available to all Council members and the staff of the City of Dover.
HIGHWAY DEPARTMENT MEETING
Mayor Carroll reported on a meeting held with the Highway Planning Department and the members of Council and the Staff on Monday, January 3, 1972. This meeting was held in conjunction with the proposed cross-town route. They stated to the Highway Department that they would look at possible ring-road routes and suggest same to them. Mr. Nicholas Brown, City Planner, presented to Council a map of the Dover area with the outline of a possible ring-road concept that might be suggested to the Highway Department. On motion of Mr. Hayes, seconded by Mr. Coyle, Council requested that copies of this report by Mr. Brown be made available to Council for their study and recommendations at a later Council meeting.
MONISMITH REQUEST
Councilman Muir has requested that a letter be sent to Mrs. Pauline Monismith stating the City’s position regarding the fence constructed along the property line between her property and the adjoining neighbor on the northside. City Solicitor Rodriguez stated that both he and Building Inspector Roe have conferred with Mrs. Monismith and felt that they very clearly stated the City’s position that the fence was a legal fence and could remain as such. The question now is whether the rose arbor adjacent to this fence is a rose arbor or a structure. The City has taken the position that it is a rose arbor and does not violate the City Code. Motion was made by Mr. Legates, seconded by Mr. Hayes, and Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Holpp, directed the Building Inspector inspect this rose arbor and make a determination and report back to Council. On motion of Mr. Coyle, seconded by Mr. Muir, Council referred to the Building Codes Committee this problem of these type structures, the problem being maybe a more definite defining of the Code is necessary to eliminate any such problems in the future.
Council adjourned at 10:00 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of January 10, 1972 are hereby approved.
JANUARY 11, 1972 Crawford J. Carroll Mayor