REGULAR MEETING
September 27, 1971
The regular meeting of City Council was held on Monday, September 27, 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 13, 1971 were accepted and bore the written approval of Mayor Carroll.
T/SGT. WILLIE J. FRANCISCO RESOLUTION
The resolution adopted on April 12, 1971 was presented to T/Sgt. Willie J. Francisco commending him for his action in the near-disaster that occurred at the Lebonen Sub-Station owned by the City of Dover. The delay in the presentation of this resolution was due to the fact the T/Sgt. Francisco has been TDY from Dover Air Force Base.
UTILITY COMMITTEE
A written report of the Utility Committee meeting held on September 21, 1971 was presented by Chairman Holpp. On motion of Mr. Coyle, seconded by Mr. Holmes, Council accepted the report as presented.
KENT COUNTY LANDFILL
A bill was presented to the City of Dover by the Kent County Engineer in the amount of $1040.50 for use of the County landfill for the month of August, 1971. A resolution was adopted by the Kent County Levy Court effective July 1, 1971 that municipalities would not be required to pay for the use of the County landfills. No further notification has been received by the City of Dover that a charge had been put back into effect effective August 1, 1971, since no bill was rendered to the City for the month of July. The Utility Committee has recommended that since no official notification has been received by the City of Dover of this charge, payment be withheld until an agreement can be reached on tax credits that might be forthcoming from the County to the City of Dover residents, pending the completion of a study by the University of Delaware. On motion of Mr. Hayes, seconded by Mr. Biggs, Council approved the recommendation of the Utility Committee as outlined above.
ELECTRIC SURVEILLANCE, INC.
ESI, Inc. has requested permission to install a video cable on City poles between 153 South Bradford Street and 113 South Bradford Street. It is the recommendation of the Utility Committee that the request be granted providing that the utility poles in the alley on the east side of South Bradford Street be utilized and that the cable be installed according to the City specifications. An annual charge of $5 per pole will be made to ESI, Inc. by the City. On motion of Mr. Walls, seconded by Mr. Legates, Council approved the recommendation of the Utility Committee as outlined above.
SERVICE DISTRICT STUDY
City Solicitor Rodriguez related to Council the decision of the Delaware Supreme Court in reference to the case of the City of Dover vs. Schaeffer. The Superior Court had ruled in favor of the City stated that we were not required to extend our water and/or sewer lines beyond the limits of the City of this was the established policy of the City of Dover, which it has been since June, 1964. In the appeal by the Attorney for Schaeffers, the Supreme Court reversed the decision of the Supreme Court stating that the City was discriminatory in its action. A motion for re-argument has been filed by the City Solicitor. This matter was discussed by the Utility Committee, their feeling being that if this court decision is upheld, the possibility of establishing sewer and/or water service district should be explored by the City of Dover. Acting City Manager had contacted the firm of Albright & Friel, Inc. at the request of the Utility Committee. Mr. Robert Neeson met with representatives of the City this morning, and was present at this meeting with some preliminary information concerning the cost and time required to conduct a Comprehensive Study on setting up service areas or districts. This study will take from 6 to 8 weeks to complete and will cost approximately $10,000, this cost being on per diem basis. On motion of Mr. Coyle, seconded by Mr. Muir, Council by unanimous vote authorized the Acting City Manager to enter into a contract with Albright & Friel, Inc. to make such a study as outlined above.
LIBERTO-GIGRANT SEWER REQUEST
The Utility Committee has reviewed the request of Mr. Arthur Gigrant and Mr. Anthony Liberto for the extension of sewer lines to a proposed commercial site on the White Oak Road east of Mitscher Road. This will require the extension of the present sewer line that terminates at Willis and White Oak Roads for approximately 400'. The Utility Committee has recommended that this sewer line be extended and the approximate cost will be $15,000. This cost will be assessed against the adjoining property owners. On motion of Mr. Legates, seconded by Mr. Coyle, Council authorized the Acting City Manager to take bids on the extension of this sewer line, such bids to be reviewed and presented to Council.
STREET LIGHTS - RODNEY VILLAGE
A request had been received from the Levy Court of Kent County for an estimate on the cost of installation of street lights in the Rodney Village area. The electric services in this area on presently on the City of Dover lines, and the request for installation of street lights in Rodney Village and also Kent Acres subdivision have been studied by the City of Dover. On August 9, 1971, a letter was sent to the Levy Court outlining the cost of installation of street lights in both of these areas, including capital expenditures, interest, electrical energy and routine maintenance cost. These cost would be repaid to the City of Dover over a ten (10) year period, at which time only the cost of the energy and a routine maintenance cost would be necessary. There has been some misunderstanding in the charges that would be made by the City of Dover in comparison to other installations that have been made in areas governed by the Levy Court and installed by another Utility Company. Mr. James, Acting City Manager, will appear before Levy Court tomorrow, September 28th, to further present the cost as request by the Levy Court.
ZONING AMENDMENT
A public hearing was duly advertised for this time and place to consider an amendment to the Zoning Ordinance that would require posting a property to be rezoned. Mayor Carroll declared the hearing opened. No one was present to speak for or against the request. Mayor Carroll declared the hearing closed. On motion of Mr. Legates, seconded by Mr. Coyle, Council by unanimous roll call vote adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DOVER THAT WOULD REQUIRE CERTAIN NOTICE BE GIVEN IN ACCORDANCE WITH THE REQUEST TO REZONE PROPERTY WITHIN THE CITY OF DOVER.
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 the Council to change the Zoning Ordinance as 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 shall be amended by adding the following to Section 11.13 as follows:
“A placard 20" x 24" in size printed in bold type to be placed on any property being considered for rezoning by the Building Inspector at least two weeks in advance of the public hearing, such placard to read in part that the property is to be rezoned to a specific use and zoning. A photograph of the posted placard shall be taken at the time of posting and be filed with the rezoning request as proof of posting.
ADOPTED AUGUST 23, 1971
EDGEL REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of the property located on the south side of Walker Road, east of the railroad, owned by Louis Edgell, from C-1A to C-3. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoing. The Planning Commission has unanimously recommended that this request be denied, the reason for the request is for the installation of gasoline pumps on this commercial site. Mayor Carroll declared the hearing closed. On motion of Mr. Holmes, seconded by Mr. Coyle, Council by unanimous roll call vote denied the request for rezoning.
SUBDIVISION AMENDMENT
The Planning Commission has recommended a change in the Subdivision Regulations that relates to a cash donation in lieu of the dedication of land for park use. On motion of Mr. Coyle, seconded by Mr. Walls, Council by unanimous roll call vote adopted the following ordinance.
AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS OF THE CITY OF DOVER, APPROVED BY THE COUNCIL OF THE CITY OF DOVER ON NOVEMBER 27, 1961, AS AMENDED.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That Article VI, Subdivision General Requirements and Design Standards, Section F, Parks, Open Spaces, School Sites and Natural Features, Subsection 2, be amended by adding the following.
“If the Commission determines that a dedication of land in the subdivision is not practical or feasible as far as the City is concerned from a standpoint of establishment and maintenance of parkland and recreational facilities or will not benefit the occupants of the subdivision, the Commission may require a cash donation to be made by the subdivider in lieu of a dedication of land. This cash donation shall be equivalent to the appraised value of 10% of the gross land area in the proposed subdivision. The appraised value shall be the fair market value of the land determined as of the date of approval of the subdivision plan. If the City and the subdivider cannot agree upon the appraisers, one of whom shall be selected by the City; one of whom shall be selected by the subdivider; and the third shall be selected by the two appraisers previously selected by the parties. The determination of fair market value made by these three appraisers shall be final and binding upon the City and the subdivider. The fees of all three appraisers shall be paid by the subdivider. The cash donation shall be deposited in a separate account to be used for parks, playgrounds, or recreational purposes which will serve and act as a benefit to the future property owners of the subdivision.
ADOPTED AUGUST 23, 1971
STREET NUMBERING ORDINANCE
The Planning Commission has recommended as amendment to the street numbering ordinance. On motion of Mr. Walls, seconded by Mr. Hayes, 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 Chapter 28, Article V, Section 28-30 and 28-31, relating to the Method of Organization and Specific Number Regulations for the Numbering of Buildings on Streets in the City of Dover be amended by deleting “State Street” and inserting “State Street” or That Section of U.S. Route 13 beginning at its intersection with North State Street and running north to the City limits”.
ADOPTED AUGUST 23, 1971
SOUTH COLLEGE ROAD
The Planning Commission has recommended that the newly constructed road running west from U.S. Route 13 through the campus of Delaware State College be named “South College Road”. This suggestion was received from and approved by the Board of Trustees of Delaware State College. On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous roll call vote approved the recommendation of the Planning Commission as outlined above.
ROBERT TUDOR REZONING
The Planning Commission has reviewed the petition of Robert Tudor for rezoning of land he owns located on the southside of South Little Creek Road. A public hearing was duly advertised and held on June 28, 1971, with any action by Council be deferred at that time. Mr. Tudor’s request was to rezone approximately 7.5 acres from R-20 to C-1A, but the Planning Commission has now recommended that a smaller parcel of 1.3 acres be rezoned C-1A. The City Solicitor stated that no further public hearing was necessary. On motion of Mr. Legates, seconded by Mr. Hayes, Council further deferred any action on this request until their meeting of October 11, 1971, and directed that the Clerk of Council notify all property owners in the immediate area of the consideration to be taken by Council at the meeting on October 11, 1971.
COUNCIL DISTRICT RE-APPORTIONMENT
Mayor Carroll stated that since the limits of the City of Dover have expanded greatly in the last few years, Council should possibly consider the reapportionment of the Council Districts within the City of Dover. It was felt that this might be accomplished with the facts and figures that were used in the recent reapportionment of the General Assembly of the State of Delaware. On motion of Mr. Coyle, seconded by Mr. Hayes, Council directed the City Planner to obtain whatever information is available, and make a report to the Council at its next meeting.
SIDEWALKS - WEBBS LANE
The State Highway has recently installed sidewalks on the southside of Webbs Lane adjacent to the W. Reilly Brown Elementary School for the safety of the school children using this facility and coming from the Mayfair, Crossgates and Wedgewood primarily. The problem here is that the crossing guard is stationed in from the school and in order for the children to cross where the guard is located they must walk down the north side of Webbs Lane along the shoulder of the road, there being no sidewalks on this side of Webbs Lane. This area is not in the City Limits, the limits being the northerly right-of-way line of Webbs Lane. On motion of Mr. Hayes, seconded by Mr. Biggs, Council directed that the Acting City Manager and Chief of Police meet with Secretary of Public Safety Fred Vetter and ascertain of the Highway Department will install the necessary sidewalks on the northside of Webbs Lane for the safety and well-being of the school children in this area.
BALTRUSCH-SAWYER ANNEXATION REQUEST
A request was received from Mr. Lyle Baltrusch and Mr. Raymond Sawyer to annex the properties located on Webbs Lane within the City Limits. On motion of Mr. Holmes, seconded by Mr. Holpp, Council by a vote of 7 ‘yes’ and 1 ‘no’ Mr. Legates, referred this request to the Utility Committee for their study and recommendation.
SILVER LAKE SWIMMING AREA
A letter was received from the Division of Physical Health, State of Delaware, making certain recommendations for changes that the City might consider prior to opening the lake area for swimming next year. On motion of Mr. Legates, seconded by Mr. Muir, Council referred this request to the Parks Committee for their study and recommendation.
PARADEE REZONING
A request has been received from Charles Paradee to rezone the property he owns located on the northwest corner of Saulsbury and Hartly Roads. A public hearing is required prior to amending the zoning ordinance and zoning map. On motion of Mr. Legates, seconded by Mr. Hayes, 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 THE NOTICE OF SAID HEARING BY PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located at the northwest corner of Saulsbury and Hartly Roads 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 October 25, 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 northwest corner of Saulsbury and Hartly Roads, owned by W. Charles Paradee, and containing approximately 2 acres.
2. That notice of this public hearing by given in accordance with the provisions of the Delaware Code.
ADOPTED AUGUST 23, 1971
KENT COUNTY SPCA
A letter was received from the Kent County SPCA expressing their thanks for the Council’s consideration of their request for more money and the increase in the annual donation from $1,000 to $2,000. On motion of Mr. Biggs, seconded by Mr. Walls, Council acknowledged receipt of the letter.
DEFERRED PAYMENT LETTER
A copy of the letter written by Mayor Carroll to Governor Russell W. Peterson, as requested by the Council at its last meeting, concerning the deferred payments due the City of Dover from J.P. Court #7 was read to the Council at this time. Mayor Carroll stated that no reply has been received at this time, but that Council would be kept informed.
UNITED NATIONS DAY PROCLAMATION
Mayor Crawford J. Carroll at this time issued a proclamation declaring Sunday, October 24, 1971 as United Nations Day. Mayor Carroll then introduced Mr. William Osborne, President of the Dover Chamber of Commerce, presented him with the Proclamation and stated that Mr. Osborne would be the Chairman of this year’s observance of United Nations Day.
COUNCIL ADJOURNED AT 9:40 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of September 27, 1971 are hereby approved.
SEPTEMBER 29, 1971 Crawford J. Carroll Mayor