REGULAR MEETING
August 9, 1971
The regular meeting of City Council was held on Monday, August 9, 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 meeting of City Council held on July 26, 1971 were accepted and bore the written approval of Mayor Carroll.
The minutes of the special meeting of City Council held on August 5, 1971 were accepted and bore the written approval of Mayor Carroll.
REPORTS
The Chief of Police report for the month of July was accepted.
The Building Inspector and Fire Marshal report for the month of July was accepted.
The City Planner report for the month of July was accepted.
City Alderman report for the month of July was accepted. Fines in the amount of $405.40 were remitted.
Budget Report, General Fund, for the month of June was accepted.
Cash Receipts, General Fund, for the month of July were 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.
UTILITY COMMITTEE
A written report of the Utility Committee meeting held on August 2, 1971 was presented by Chairman Holpp. On motion of Mr. Coyle, seconded by Mr. Muir, Council accepted the report as presented.
ANNEXATION REQUEST
A request for annexation was received from some of the residents on the south side of the Hartly Road between Saulsbury Road and Mifflin Road. On motion of mr. Coyle, seconded by Mr. Walls, Council referred this request to the Utility Committee for their study and recommendation.
CATV CONTRACT
Delaware Teleservice, the local cable TV service, as notified the City of Dover that it proposes to raise its rates for the cable service, which it must do under the pending contract. The Utility Committee discussed this at considerable length and has recommended that the Delaware Teleservice be notified that upon the expiration of its present contract, June, 1974, with the City of Dover, that the contract be renegotiated with one of the terms being any change in the rate structure would void the existing agreement and the contract would have to be renegotiated. On motion of Mr. Coyle, seconded by Mr. Holmes, Council by unanimous roll call vote approved the recommendation of the Utility Committee as outlined above.
FEDERAL POWER COMMISSION
Acting City Manager James reported on his recent trip to Washington, D. C. in attendance at the hearing before the FPC concerning the rate increase requested by Delmarva Power & Light. No settlement was reached with DP & L, and an offer was made by them, which upon the advice of the City’s Legal Counsel, Mr. Wallace Duncan, was turned down. Mr. Duncan met with representatives of Dover, Seaford and Newark on Friday, August 6, 1971 at this time has recommended that a counter-offer be made by Dover, Seaford and Newark for a settlement of $200,000. Mr. Duncan stated that if this offer was not met favorably by DP & L, that he would suggest that the case by sent to the hearing which is set tentatively for November 2, 1971. On motion of Mr. Coyle, seconded by Mr. Muir, Council by unanimous roll call vote authorized the City Manager to contact Mr. Duncan with their approval to make unanimous roll call vote authorized the City Manager to contact Mr. Duncan with their approval to make a counter-offer to DP & L in the amount of $200,000, and if not successful, to carry the case further.
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee meeting held on August 2, 1971 was presented by Chairman Walls. On motion of Mr. Hayes, seconded by Mr. Biggs, Council accepted the report as presented.
ZONING ORDINANCE CHANGE
A zoning ordinance change has been recommended that would change the zoning ordinance covering vision at street and alley intersections under Section 5.131 of the present ordinance. A public hearing is required prior to amending the Zoning Ordinance. On motion of Mr. Coyle, 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 THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, Section 5.131 of the City of Dover Zoning Ordinance requires certain conditions be met concerning vision at street and alley intersections, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning 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 at City Hall on September 13, 1971 at 8:00 P.M. on a proposed amendment to the Zoning Ordinance of the City of Dover that would delete Section 5.131 at it presently appears and insert in lieu thereof a new Section 5.131 as follows:
1. At all street-alley intersections in all zones within the City of Dover no obstructions to vision shall be erected or maintained on any lot within 15 feet from the curb line or if none, 30 feet from the edge of the roadway.
2. In the case of trees, shrubs, hedges or any other growing type of cover these trees, shrubs or hedges must be kept trimmed so vision is not obscured in any way within the 15 feet zone prescribed in Section 1.
3. Upon notification that the trees, shrubs, hedges or any other growing cover are in violation of this ordinance, the owner shall cause the violation to be corrected in fifteen (15) days or be summoned to appear in court in violation of this ordinance.
4. In the case of a vacated property or absent owner, the Dover City Building Inspector shall cause the trees, hedges or shrubs to be trimmed with the costs being assessed against the property owner or owners.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED AUGUST 9, 1971
DELMARVA WAREHOUSES
A request had been received from Delmarva Warehouses to use part of the right-of-way of William Street to erect a loading platform for their warehouse operation. This was referred to the Safety Advisory Committee, who discussed this matter and has recommended that this request be denied. On motion of Mr. Hayes, seconded by Mr. Muir, Council upheld the recommendation of the Safety Committee and denied this request.
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playgrounds & Trees Committee meeting held on August 2, 1971 was presented by Chairman Walls. On motion of Mr. Hayes, seconded by Mr. Legates, Council accepted the report as presented.
VOLUNTEER FIREMEN’S MEMORIAL PARK
A request was received from the president of the Delaware Volunteer Firemen’s Association asking the City to dedicate the park area on the east side of Mirror Lake along the Park Drive, to be known as the Volunteer Firemen’s Memorial Park. The Parks Committee took no action on this request. On motion of Mr. Walls, seconded by Mr. Hayes, Council requested that since this request did not come from the Firemen’s Association, but a personal request from the president, that the Acting City Manager write Mr. Golder and asked that the Association at their annual meeting make a request for such a park area, at which time Council would consider their formal request.
GRACE WHARTON REZONING
A request has been received from Mrs. Grace Wharton to rezone property she owns located on the South Little Creek Road. A public hearing is required prior to amending the Zoning Ordinance and Map. 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 MAP AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on the north side of the 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 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 September 13, 1971 at 8:05 P.M. on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-20 to RG-3 that land located on the northside of South Little Creek Road, owned by Mrs. Grace Wharton, equitable owner being Frank A. Robino, Jr., and containing approximately 4.6 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED AUGUST 9, 1971
DOVER LITTLE LEAGUE REQUEST
A request was received from the Dover Little League, stating that the Big League Team of Dover, has been successful in both the Delaware State and area Regional Tournaments, and are now bound for Hempsted, Long Island to compete in further tournament play on August 11 through August 15. They are at this time requesting a donation of $300 to help defray some of the expenses involved in this trip. On motion of Mr. Hayes, seconded by Mr. Coyle, Council authorized a donation of $300 to the Dover Little League, Inc.
UNIT #3 BIDS
Bids were received on July 20, 1971 for piping, thermal insulation and equipment erection for the new unit at McKee Run Generating Station. There were four (4) bids received with the bid of I.D. Griffith being low at $978,500. These bids have been evaluated by Laramore, Douglass & Popham and it is their recommendation that the bid be awarded to the low bidder, I.D. Griffith. On motion of Mr. Holpp, seconded by Mr. Hayes, Council awarded the above bid to I.D. Griffith at the bid price of $978,500.
Bids were also received on July 20, 1971 for power transformers for Unit #3 at McKee Run. Four bids were received. After considerable evaluation by Laramore, Douglass & Popham, it is recommended that the bid of McGraw Edison at $302,460 be accepted by Council. On motion of Mr. Holpp, seconded by Mr. Coyle, Council awarded the bid for the power transformers to McGraw Edison Power Systems Division at the bid price of $302,460.
ANNEXATION RESULTS
The Election Officials of Kent County certified as to the results of the referendum on annexation held in the City of Dover on July 30, 1971. The results are as follows:
FOR ANNEXATION 1,527 Votes
AGAINST ANNEXATION 592 Votes
On motion of Mr. Coyle, seconded by Mr. Biggs, Council accepted the results as certified.
LONG POINT ROAD ANNEXATION
On motion of Mr. Coyle, seconded by Mr. Holpp, Council by a roll call vote of 5 ‘yes’ and 3 ‘no’, Messrs Hayes, Legates and Walls, adopted the following resolution.
A RESOLUTION APPROVING THE INCLUSION OF AN AREA ADJACENT TO THE CITY OF DOVER ON THE EAST WITHIN THE LIMITS OF THE CITY OF DOVER.
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 deemed it in the best interest of the City of Dover to include the area adjacent to the City limits and being located north of North Little Creek Road, south of White Oak Road and west of Long Point Road more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held on the 30th day of July A.D., 1971 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, the aforementioned Amendment to the Charter of the City of Dover provides that if a majority of the votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council shall there upon adopted a resolution annexing said territory and including same 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 situate in East Dover Hundred and Little Creek Hundred, Kent County, State of Delaware and more particularly bounded and described herein shall be annexed to and included within the limits of the City of Dover:
ALL those certain lots, pieces or parcels of land lying adjacent to and east of the City of Dover, East Dover Hundred and Little Creek Hundred, Kent County and State of Delaware and being more particularly described as follows, to wit:
BEGINNING at a point in the southerly right-of-way line of the North Little Creek Road at its intersection with the easterly right-of-way line of Acorn Lane; thence with the said southerly right-of-way line of North Little Creek Road in an easterly direction to the easterly right-of-way line of the Long Point Road; thence in a northerly direction in general with the said right-of-way line of Long Point Road to the northerly right-of-way line of the White Oak Road; thence with the northerly right-of-way line of the said White Oak Road in a westerly direction to the property line of Roland Garrison; thence by and with the property lines of Roland Garrison in a northerly direction in part and a westerly direction in part, and a southerly direction in part to the southerly line of Towne Point; thence with the said line of Towne Point said line now being a boundary of the City of Dover in a westerly direction to the easterly line of White Oak Farms thence in an easterly line of White Oak Farms in a southerly direction to the southerly right-of-way line of White Oak Road; thence with the said right-of-way line of White Oak Road in an easterly direction to a point approximately 253 feet east of Acorn Lane; thence in a southerly direction and parallel to Acorn Lane to the southerly property line of Cedar Development Company thence to with the said property line of Cedar Development Company 8 degrees, 46 minutes, and 40 seconds 601.49 feet; thence 83 degrees, 44 minutes and 10 seconds 252.83 feet to the easterly right-of-way line of Acorn Lane; thence with the said right-of-way line of Acorn Lane in a southerly direction home to the place of beginning be the contents what they may.
2. That a certified copy of the Resolution of Annexation together with 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 be 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 10th day of August, 1971 at 12:01 A.M. O’Clock.
ADOPTED AUGUST 9, 1971
CAPITOL GREEN RESIDENTS COUNCIL
Mr. Wilson Ball, Mr. Benjamin Diggs and Mrs. Laverne Taylor were present representing the Capitol Green Residents Council and stated they were concerned with the recent rezoning of 814 River Road. Their concern was due to the fact they felt that improper notice was given on this rezoning, and that it has been rezoned to commercial use. They were assured that the rezoning of this property to RG0 does not permit commercial use, other that professional offices, and that proper notice for rezoning was given in accordance with the Delaware Code. They questioned as to whether Council might consider in future rezonings, to have the property to be rezoned posted. On motion of Mr. Legates, seconded by Mr. Coyle, Council referred this request to the Legislative & Finance Committee for their study and recommendation.
COUNCIL ADJOURNED AT 9:40 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of August 9, 1971 are hereby approved.
AUGUST 10, 1971 Crawford J. Carroll Mayor