REGULAR MEETING
October 11, 1971
The regular meeting of City Council was held on Monday, October 11, 1971 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 Council meeting of September 27, 1971 were accepted and bore the written approval of Mayor Carroll.
REPORTS
The 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 in the amount of $307.95 were remitted.
Budget Report, General Fund, for the month of July was accepted.
Budget Report, General Fund, for the month of August was accepted.
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.
REAPPORTIONMENT - COUNCIL DISTRICTS
The City Planner is preparing a report on a approximate census population in the four Council Districts of the City of Dover. This report is at this time incomplete but will be finished in the near future. The Mayor has recommended that the Committee of Committees meet with the Planner upon the completion of this report, and make a recommendation to Council as to whether they feel legislation should be prepared to re-district the City of Dover.
CITY MANAGER - NLC CONVENTIONS
The International City Managers Association is holding its annual convention in Hollywood, Florida from November 8th to 12th. Mr Neylan has requested permission to attend this convention as a representative of the City of Dover. Also from November 28th to December 5th, the National League of Cities Convention is being held on Hawaii. Mr. Neylan had planned to attend this convention, but at this time request that Mr. James, Acting City Manager be permitted to attend in his behalf. On motion of Mr. Walls, seconded by Mr. Biggs, Council approved the request as outlined above.
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee meeting held on October 4, 1971 was presented by Chairman Walls. On motion of Mr. Biggs, seconded by Mr. Holmes, Council approved the report as presented.
LOW FLYING AIRCRAFT
A letter was read at this time written by Mr. Henry Horsey to the Commanding General of Dover Air Force Base, complaining about the low flying aircraft over the City of Dover. Mayor Carroll stated that he had talked to the Commanding Officer and has seen a reply to Mr. Horsey that stated that the construction and revamping of runways to accommodate the C-5's was nearing completion, and at that time the flight patterns would be re-routed, and these flights would not be going over the City Limits.
BAYARD AVENUE FENCE
A petition was presented to Council requesting permission of the property owners located on Bayard Avenue south of Loockerman Street to fence off the area at the dead-end of this street. This fence has been installed, but no permits were obtained, thereby the fence was removed. Mr. James MacMillan was present and addressed Council on behalf of the property owners. He stated that in erecting this fence and building the planter in front of it, this was done to beautify the area and to prohibit pedestrian traffic from using this street, sine they were causing many problems to the property owners. On motion of Mr. Walls, seconded by Mr. Legates, Council stated that they could take no action until a formal application was made through the Building Inspectors office.
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playgrounds & Trees Committee meeting held on October 4, 1971 was presented by Chairman Walls. On motion of Mr. Legates, seconded by Mr. Biggs, Council accepted the report as presented.
SILVER LAKE SWIMMING AREA
At the request of the Parks Committee, Dr. Maynard Mires and Mr. Donald Harmenson, representing the Division of Physical Health, State of Delaware, were present and addressed Council concerning the letter they sent to Council and the requests they made as a result of the tests taken of the water in the swimming area this past summer. They feel that showers should be installed at the bathing area and that each person entering the bathing area should shower prior to entering the water. They feel that this would eliminate part of the problem creating this past summer. This letter will be referred back to the Parks Committee for their study and recommendations.
DOVER LITTLE LEAGUE
Representatives of the Dover Little League was present and distributed among Council a new topographic survey of their proposed layout on Horsepond Road. They had started construction on this new facility but were advised that a building permit would be needed and site approval granted by the Planning Commission prior to issuance of the permit. They were at this time appealing to the Council for temporary clearance until final approval can be granted by the Planning Commission. The main problem at this location has been drainage, of which the City Engineer and Soil Conservation Department have stated that this property would not drain adequately under the original topo, for this type of facility. The Little League has retained Mr. Charles Brown, who has prepared this present topo, which the Little League claims will drain the property effectively for this use. On motion of Mr. Walls, seconded by Mr. Biggs, Council directed that the Building Inspector grant a tentative permit to continue construction on this facility, pending final approval by the Planning Commission.
TUDOR REZONING
A public hearing was held on June 28, 1971 to consider the rezoning of approximately 7.5 acres of land located on the South Little Creek Road, owned by Robert Tudor. A decision was deferred at that time by Council, pending a recommendation by the Planning Commission. After due consideration, the Planning Commission has recommended that approximately 1.3 acres of the original request of 7.5 acres, be rezoned. On motion of Mr. Walls, seconded by Mr. Muir, Council removed this request from the table. Mr. Brown, City Planner, related to Council the Planning Commissions feelings on cutting down the area to be rezoned, and their recommendation. On motion of Mr. Hayes, seconded by Mr. Walls, 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 THE SOUTHSIDE OF THE SOUTH LITTLE CREEK ROAD, OWNED BY ROBERT TUDOR, FROM R-20 TO C-1A 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 C-1A on the 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 by changing the zoning designation of the property located on the southside of the South Little Creek Road, owned by Robert Tudor, and containing approximately 1.3 acres.
ADOPTED OCTOBER 11, 1971
UNIT #3 BIDS
Bids were received on October 5, 1971 for Isolated Phase Bus and Cubicle for the Unit #3 at McKee Run Generating Station. Bids were received from three (3) suppliers; H. K. Porter, Westinghouse, and General Electric. The low bidder was H. K. Porter with a bid price of $99,148. Mr. Robert Lyon of Laramore, Douglass & Popham made the presentation to Council with the recommendation that the award be made to the low bidder. On motion of Mr. Holpp, seconded by Mr. Biggs, Council by unanimous roll call vote awarded the above contract to the low bidder, H. K. Porter at a bid price of $99,148.
WHITE OAK DITCH
A public hearing will be held by Kent County Board of Tax Ditch Commissioners on October 13, 1971 at 7:30 P.M. in the Dover City Hall, Council Chambers, to consider the formation of the White Oak Tax Ditch. 50% of the cost of the construction of this ditch will be paid by the State and County with the other 50% to come from the City. Normally when these tax ditches are formed and constructed outside of the limits of a municipality, the property owners are assessed a portion of the cost. The Commissioners have requested that the City of Dover pay the 50% portion normally paid by the property owners, and then the City can assess the adjoining property owners if they so desire. On motion of Mr. Coyle, seconded by Mr. Holpp, Council directed that the City of Dover pay 50% of the cost of the formation of the White Oak Tax Ditch, and that the City Manager and the Utility Committee formulate a plan to recover the cost from the adjoining property owners, the normal maintenance cost to be borne by the City of Dover.
VOLUNTEER FIREMEN’S MEMORIAL PARK
A formal request has been received from the Delaware Volunteer Firemen’s Association suggesting that the City of Dover name the park area, located between Loockerman Street and Division Street adjacent to Mirror Pond the “Volunteer Firemen’s Memorial Park”. If this being approved, they would have the Firemen’s Memorial moved from the Plaza to this area. On motion of Mr. Legates, seconded by Mr. Hayes, the request was referred to the Plaza Committee for their study and recommendation.
STOP SIGN ORDINANCE
On motion of Mr. Walls, seconded by Mr. Coyle, 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 stop signs shall be erected on West Street requiring traffic on West Street to stop as the intersection with William Street and Clara Street.
2. That this Ordinance shall be enforced upon the erection of the proper signs.
ADOPTED OCTOBER 11, 1971
J.P. COURT #7 REQUEST
A letter was received from the State Department of Justices of the Peace inquiring about the possibility of the City vacating the City Hall in the near future, along with the plans to move all their office into the Annex. They would like at this time to request permission of City Council to locate J.P. Court #7 on the second floor of City Hall. On motion of Mr. Legates, seconded by Mr. Holmes. Council requested that acknowledgment be made of this letter and that no commitment can be made by the City of Dover at this time.
ACT ONE PLAYERS
A request was received from the Act One Players of Dover High School requesting permission to hang a banner in Downtown Dover to advertise their fall production. The City has only one location where they have been hanging these banners, and it is presently filled with the United Fund Banner.
DANIEL DURHAM REZONING
A request has been received from Daniel Durham to rezone his property located on the Denney’s Road. A public hearing is required prior to amending the Zoning Ordinance and Zoning Map. On motion of Mr. Legates, seconded by Mr. Holpp, 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 southside of Denney’s Road (Road 100) is presently zoned by R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Map and Ordinance
NOW, THEREFORE, BE IT RESOLVED BY MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on November 8, 1971 at 8:00 P.M. on a proposed amendment to the zoning ordinance and zoning map that would rezone from R-20 to C-3 that property located on the southside of Denney’s Road (Road 100), owned by Daniel Durham, and containing approximately 0.50 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED OCTOBER 11, 1971
JONES REZONING
A request has been received from Walston Jones to rezone property he owns located on the eastside of U.S. Route 113. A public hearing is required prior to amending the zoning Ordinance and Zoning Map. On motion of Mr. Legates, seconded by Mr. Muir, 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 east side of U.S. Route 113, owned by Walston Jones, is presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Map and Ordinance.
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 November 8, 1971 at 8:05 P.M. on a proposed amendment to the zoning ordinance and zoning map that would rezone from R-20 to C-4 that property located on the east side of U.S. Route 113, owned by Walston Jones, and containing approximately 0.50 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED OCTOBER 11, 1971
1970 REVENUE BOND AUDIT
Under the provisions of the Bond Resolution adopted by City Council on August 31, 1971, an audit is to be performed on the Construction Fund every six months by a Certified Auditor to be named by the City Manager with the approval of the Trustee. Mr. Neylan, City Manager, with no objections from Council, desires to name Mr. William Manter, CPA, to perform this audit. On motion of Mr. Hayes, seconded by Mr. Coyle, Council approved the recommendation of the City Manager.
HOUSE BILL 549
A bill has been introduced into the General Assembly that would subject municipalities to the supervision and regulation of the Public Service Commission if the rates exceed the published rates for residents inside the municipal boundaries on all utilities supplied by the municipality for areas outside its corporate limits. On motion of Mr. Legates, seconded by Mr. Coyle, Council by unanimous roll call vote voiced their objection to such a bill, and adopted the following resolution, a copy to be forwarded to each and every member of the State Legislature.
RESOLUTION
WHEREAS, the Mayor and Council of the City of Dover were made of House Bill #549 at Council meeting held on October 11, 1971; and
WHEREAS, this House Bill #549 seeks to amend 26 Del. C., Section 112 by providing that the Public Service Commission shall have jurisdiction over municipalities operating public water or electric systems if the municipalities furnish such services to non-residents outside the boundaries of the municipalities and charge rates exceeding the published rates for residents of the municipality; and
WHEREAS, the City of Dover by it’s Mayor and Council oppose the passage of said House Bill #549.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET, that the Mayor and Council go on record as publicly opposing the passage of House Bill #549 purporting to give the Public Service Commission jurisdiction over water or electric services furnished by municipalities to non-residents. A further request is made by the Mayor and Council that they be permitted to appear before any or all Committees and the Legislature prior to any consideration by the Legislature.
ADOPTED OCTOBER 11, 1971
COUNCIL ADJOURNED AT 10:05 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of October 11, 1971 are hereby approved.
OCTOBER 12, 1971 Crawford J. Carroll Mayor