REGULAR MEETING
January 11, 1971
The regular meeting of City Council was held on Monday, January 11, 1971 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Coyle, Hastings, Hayes, Holmes, Holpp, Legates and Walls.
MINUTES
The minutes of the regular meeting of City Council held on December 14, 1970 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police report for the month of December was accepted.
Building Inspector and Fire Marshal report for the month of December was accepted.
Alderman report for the month of December was accepted, fines in the amount of $1,604.10 were remitted.
J. P. Court #7 report for the month of December was not received at this time.
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 Improvement Fund, for the month of December were accepted.
Cash Receipts, Electric Revenue Fund, for the month of December were accepted.
City Manager Report for the month of December was accepted.
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee meeting held on January 4, 1971 was presented by Chairman Hastings. On motion of Mr. Legates, seconded by Mr. Walls, Council accepted the report as presented.
PARKING - STATE COMPLEX
A letter was received from Mr. Hugh Matin, Department of Administrative Services, stating that the State of Delaware was attempting to provide off-street parking for staff members and employees and thereby creating more visitors parking spaces on the streets surrounding the Capital Complex. They also would like to have five (5) thirty minute parking spaces on the south side of the Townsend Building and establish one-way streets on both “E” and “D” Streets from Legislative Avenue to Federal Street. On motion of Mr. Coyle, seconded by Mr. Biggs, Council by unanimous roll call vote adopted the following ordinance, as recommended by the Safety Advisory Committee.
ORDINANCE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. Parking shall be restricted to visitors to Legislative Hall only on both sides of Legislative Avenue between D Street and Court Street.
2. Five parking spaces shall be created with a thirty minute parking limit on the north side of Court Street alongside the Townsend Building, which thirty minute parking limits shall be in effect from 8:00 A.M. until 5:00 P.M., Monday thru Friday inclusive.
3. Court Street shall be made a one way street for westbound traffic from Legislative Avenue to Federal Street.
4. D Street shall be made a one way street for traffic traveling in an easterly direction from Federal Street to Legislative Avenue.
5. In the area where D Street and Court Street are made one-way streets in paragraphs three and four above, diagonal parking shall be allowed on both streets but vehicles shall be required to back into said parking spaces.
ADOPTED JANUARY 11, 1971
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playgrounds & Trees Committee meeting held on January 4, 1971 was presented by Chairman Hastings. On motion of Mr. Biggs, seconded by Mr. Walls, Council accepted the report as presented.
UTILITY COMMITTEE
A written report of the Utility Committee meeting held on January 4, 1971 was presented by Chairman Holpp. On motion of Mr. Hayes, seconded by Mr. Walls, Council accepted the report as presented.
STREET LITE POLE LEASING
The Delaware Electric Co-op has agreed to lease their utility poles on New Burton Road and Webbs Lane to the City of Dover for the purpose of installing street lights at the rate of $1.00 per pole per year, and fifteen poles would be required. Delmarva Power & Light has agreed to lease thirteen poles on College Road west of McKee Road at the rate of $2.50 per pole per year, also for the purpose of installing street lights. The Committee recommends that these poles be leased and street lights installed. On motion of Mr. Hayes, seconded by Mr. Hastings, the Council approved the recommendation of the Utility Committee.
SIDEWALK ASSESSMENTS
The recently installed sidewalk project is complete and the Utility Committee has made a recommendation for the charges and assessment against the abutting property owners. On motion of Mr. Hayes, seconded by Mr. Biggs, Council by unanimous vote adopted the following ordinance setting up public hearing on the assessment of sidewalk costs.
AN ORDINANCE PROVIDING THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF THE INSTALLATION OF SIDEWALKS ALONG THE STREETS IN THE SECTION OF THE CITY OF DOVER BOUNDED BY DIVISION STREET, GOVERNORS AVENUE, WALKER ROAD AND THE ST. JONES RIVER, AND THE AREA BOUNDED BY WILLIAM STREET GOVERNORS AVENUE, WALKER ROAD AND THE RAILROAD.
WHEREAS, The Council is authorized to install sidewalks in the City and, by ordinance, to provide for the levy collection of assessments against property owners whose land adjoins said installations, and
WHEREAS, The Council has caused to be installed sidewalks along the streets in the section of the City of Dover bounded by Division Street, Governors Avenue, Walker Road and the St. Jones River, and the area bounded by William Street, Governors Avenue, Walker Road and the Railroad, and
WHEREAS, this Ordinance is enacted pursuant to the Charter of the City of Dover, Section 28(c) to levy and collect the assessment against property owners whose land adjoins said installation to cover the cost thereof.
THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. An assessment shall be, and hereby is, levied against all property owners whose property adjoins the installation of said sidewalks at the rate of $.160 per square foot adjoining said sidewalks.
2. This assessment shall be a lien against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. The assessment shall be paid within a five-year period from the date of enactment of the assessment and levy including interest which shall be at the rate of 6% per annum on the unpaid balance of each time during the five-year period. If the assessment is paid in full within one year from the date of enactment of the assessment and levy then all interest charges shall be waived and only the original amount of each assessment shall be paid.
4. A public hearing on said assessment and levy shall be held on February 22, 1971 at 8:00 P.M. in City Hall, Council Chambers, at which time any appeals from the same may be heard. Notice of the public hearing shall be given by publication in the Delaware State News once a week for each of the two preceding weeks prior to the date of the hearing.
ADOPTED JANUARY 11, 1971
AN ORDINANCE PROVIDING THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF THE INSTALLATION OF SIDEWALKS ALONG THE STREETS IN THE SECTION OF THE CITY OF DOVER BOUNDED BY THE SOUTHSIDE OF DOVER STREET, EASTSIDE OF MONROE TERRACE AND THE NORTHSIDE OF WAPLES STREET AND THE SECTION BOUNDED BY THE WESTSIDE OF WESTVIEW TERRACE AND THE NORTHSIDE OF WYOMING AVENUE, BEING THE LANDS OF GUSTAV KONSCHAK.
WHEREAS, The Council is authorized to install sidewalks in the City and, by ordinance, to provide for the levy collection of assessments against property owners whose land adjoins said installations, and
WHEREAS, The Council has caused to be installed sidewalks along the streets in the section of the City of Dover bounded by the southside of Dover Street, eastside of Monroe Terrace and the northside of Waples Street, and the section bounded by the westside of Westview Terrace and the northside of Wyoming Avenue, being the land of Gustav Konschak and
WHEREAS, this Ordinance is enacted pursuant to the Charter of the City of Dover, Section 28(c) to levy and collect the assessment against property owners whose land adjoins said installation to cover the cost thereof.
THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. An assessment shall be, and hereby is, levied against all property owners whose property adjoins the installation of said sidewalks at the rate of $.60 per square foot adjoining said sidewalks.
2. This assessment shall be a lien against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. The Assessment shall be paid within a five-year period from the date of enactment of the assessment and levy including interest which shall be at the rate of 6% per annum on the unpaid balance of each time during the five-year period. If the assessment is paid in full within one year from the date of enactment of the assessment and levy then all interest charges shall be waived and only the original amount of each assessment shall be paid.
4. A public hearing on said assessment and levy shall be held on February 22, 1971 at 8:00 P.M. in City Hall, Council Chambers, at which time any appeals from the same may be heard. Notice of the public hearing shall be given by publication in the Delaware State News once a week for each of the two preceding weeks prior to the date of the hearing.
ADOPTED JANUARY 11, 1971
CURB AND GUTTER ASSESSMENTS
Curbs and Gutters have recently been installed in the vicinity of Ridgely and Fulton Streets, and the Utility Committee has recommended that assessments be made against the abutting property owners. On motion of Mr. Legates, seconded by Mr. Walls, Council by unanimous roll call vote adopted the following ordinance setting up a public hearing on the assessment of curb and gutter front foot charges.
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF THE INSTALLATION OF CURB AND GUTTERS ON BOTH SIDES OF RIDGELY STREET NORTH OF DIVISION STREET AND ON BOTH SIDES OF FULTON STREET FROM RIDGELY STREET TO THE RAILROAD.
WHEREAS, The Council is authorized to install curb and gutters in the City, and by ordinance, to provide for the levy and collection of assessments against property owners whose land adjoins said installations, and
WHEREAS, The Council has caused to be installed curbs and gutters on both sides of Ridgely Street north of Division Street and on both sides of Fulton Street from Ridgely Street to the Railroad, and
WHEREAS, this Ordinance is enacted pursuant to the Charter of the City of Dover, Section 28(c) to levy and collect the assessment against property owners whose land adjoins said installations to cover the cost thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. An assessment shall be, and hereby is, levied against all property owners whose property adjoins the installation of said curbs and gutters at the rate of $2.25 per foot adjoining said property.
2. This assessment shall be a lien against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. The assessment shall be paid within a five-year period from the date of enactment of the assessment and levy including interest which shall be at the rate of 6% per annum on the unpaid balance of each assessment. The assessment plus accrued interest to the date of payment may be paid in full at any time during the five-year period. If the assessment is paid in full within one year from the date of enactment of the assessment and levy then all interest charges shall be waived and only the original amount of each assessment shall be paid.
4. A public hearing on said assessment and levy shall be held on February 22, 1971 at 8:05 P.M. in City Hall, Council Chambers, at which time any appeals from the same may be heard. Notice of said public hearing shall be given by publication in the Delaware State News once a week for each of the two preceding weeks prior to the date of the hearing.
ADOPTED JANUARY 11, 1971
SEWER & WATER ASSESSMENTS
Sewer and water mains have recently been installed in the area of Eastlake Gardens, and the Utility Committee has recommended that front foot charges be assessed against the abutting property owners. On motion of Mr. Legates, seconded by Mr. Hastings, Council by unanimous roll call vote adopted the following ordinance setting up a public hearing on the assessment of front foot charges for the installation of sewer and water lines.
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF THE INSTALLATION OF WATER AND SEWER MAINS ON THE WEST SIDE OF U.S. ROUTE 13, IN THE AREA OF EASTLAKE GARDENS NORTHWARD TO NORTH STATE STREET EXTENDED.
WHEREAS, the Council is authorized to install water and sewer mains in the City and, by ordinance, to provide for the levy and collection of assessments against property owners whose land adjoins said installations, and
WHEREAS, the Council has caused to be installed water and sewer mains on the west side of U.S. Route 13, in the are of Eastlake Gardens northward to North State Street Extended, and
WHEREAS, this Ordinance is enacted pursuant to the Charter of the City of Dover, Section 28(c) to levy and collect the assessment against property owners whose land adjoins said installations to cover the cost thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. An assessment shall be, and hereby is, levied against all property owners whose property adjoins the installation of said water mains at the rate of $3.00 per front foot and said sewer mains at the rate of $5.00 per front foot adjoining said mains.
2. This assessment shall be a lien against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. The assessment shall be paid within a five-year period from the date of enactment of the assessment and levy including interest which shall be at the rate of 6% per annum on the unpaid balance of each assessment. The assessment plus accrued interest to the date of payment may be paid in full at any time during the five year period. If the assessment is paid in full within one year from the date of enactment of the assessment and levy then all interest charges shall be waived and only the original amount of each assessment shall be paid.
4. The cost of tapping to said water and sewer mains shall be in addition to the assessment heretofore stated and such tapping charges shall be due and payable once the tap is completed.
5. A public hearing on said assessment and levy shall be held on February 22, 1971 at 8:10 P.M. in City Hall, Council Chambers, at which time any appeals from the same may be heard. Notice of said public hearing shall be given by publication in the Delaware State News once a week for each of the two preceding weeks prior to the date of the hearing.
ADOPTED JANUARY 11, 1971
LEON TARBURTON LETTER
A request has been received from Mr. Leon Tarburton for a letter from the City stating that the City would extend water and sewer services to a site on White Oak Road if the property were annexed to the City and the extension of these utilities is considered economically feasible. On motion of Mr. Coyle, seconded by Mr. Walls, Council by unanimous roll call vote approved the signing of such a letter to be addressed to the Federal Housing Authority on behalf of Mr. Leon Tarburton.
FUEL OIL CONVERSION - McKEE RUN
The present generating units at McKee Run are being converted so as the use of oil will be the principal fuel used. In order to meed proposed pollution control standards, a low sulphur oil would be required. This oil is in great demand and the supply appears to be very limited. The Utility Committee has recommended that a resolution be addressed to the Water and Air Resources Commission of the State of Delaware, soliciting help in locating adequate supplies of such fuel and to make whatever efforts on their part to make this fuel available to the City of Dover, and other municipalities in the State of Delaware. On motion of Mr. Coyle, seconded by Mr. Biggs, Council by unanimous roll call vote, adopted the following resolution addressed to the WAR Commission and a copy to be sent to Governor Russell W. Peterson.
RESOLUTION
WHEREAS, for the purpose of meeting proposed Air Quality Control Standards, the City of Dover has undertaken to convert the facilities at its McKee Run Electric Generating Station from the use of coal as a primary fuel to the use of low-sulphur residual oil as a primary fuel, and
WHEREAS, Dover is also engaged in the construction of a new 100 MW electric generating unit at McKee Run designed for the use of low-sulphur residual oil as a primary fuel, and
WHEREAS, Dover has been unable to locate a supplier who will even quote on supplying future requirements for low-sulphur residual oil
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That the Department of Natural Resources and Environmental Control of the State of Delaware, who is engaged in establishing Air Quality Control Standards, be requested to provide the City of Dover with a list of firms who can offer an adequate supply of low-sulphur residual oil.
ADOPTED JANUARY 11, 1971
MUNICIPAL ELECTION
On motion of Mr. Legates, seconded by Mr. Walls, Council appointed Messrs Hastings and Hayes and City Alderman Dougherty to serve as election officials, with Messrs Coyle and Holmes as alternates.
On motion of Mr. Hayes, seconded by Mr. Hastings, Council authorized the printing of sample and official ballots, the use of voting machines, the hiring of election clerks and the use of the Grace Fellowship Hall of the Wesley Methodist Church as the polling place for the Municipal Election to be held on January 18, 1971.
FOXHALL REZONING
A request has been received from FoxHall Plantation to rezone the entire development from R-20 to R-10. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has recommended approval of this request as submitted. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Hastings, 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 KNOWN AS THE FOXHALL PLANTATION LOCATED ON THE EASTSIDE OF COUNTY ROAD #104, NORTH OF COUNTY ROAD #99, FROM R-20 TO R-10 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 R-10 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 Map and Zoning Ordinance of the City of Dover shall be amended by changing the zoning designation from R-20 to R-10 on that property located on the eastside of County Road 104, north of County Road 99, known as the FoxHall Plantation, owned by the FoxHall Plantation Company, and containing approximately 362.5 acres.
ADOPTED JANUARY 11, 1971
STUFFLET REZONING
A request has been received from Mr. & Mrs. William A. Stufflet to rezone a parcel of land they own located at 402 Cowgill Street. A public hearing is required prior to amending the zoning ordinance and zoning map. On motion of Mr. Coyle, seconded by Mr. Legates, 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 MAP AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located at 402 Cowgill Street 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 at City Hall on February 22, 1971 at 8:15 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-1 that property located at 402 Cowgill Street, owned by Mr. & Mrs. William Stufflet, equitable owners being Mr. & Mrs. Paul Rowe and Mr. & Mrs. Robert Warren, and containing approximately 7,500 square feet.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JANUARY 11, 1971
ECK REZONING
A request has been received from Mr. Melvin Eck to rezone a parcel of land he owns on the southeast corner of Lafferty Lane and 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. 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 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 southeast corner of Lafferty Lane and U.S. Route 113 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 at City Hall on February 22, 1971 at 8:20 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 C-4 that property located at the southeast corner of Lafferty Lane and U.S. Route 113, owned by Mr. & Mrs. Melvin Eck, equitable owner being the Kaylo Oil Company, and containing approximately 1.4 acres.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JANUARY 11, 1971
CHAMBER OF COMMERCE DINNER
The Greater Dover Chamber of Commerce is holding a $100 per plate dinner on March 25, 1971 to raise funds for an industrial survey of the entire Kent County, Delaware. On motion of Mr. Legates, seconded by Mr. Hastings, Council authorized the purchase of six (6) tickets, to be distributed to each of the six Council employees.
BRIAR PARK CIVIC ASSOCIATION
A letter was received from the Briar Park Civic Association asking for a donation for the William Shoemaker Fund, the gentleman that was severely burned in the house explosion on November 28th in Briar Park. On motion of Mr. Hayes, seconded by Mr. Legates, Council acknowledged receipt of this request and declined to make a donation since this is outside of the City limits, although a very deserving cause, and requested that this letter be forwarded to the Kent County Levy Court for their consideration.
STATE OF DELAWARE - CENTRAL HEATING & AIR-CONDITIONING
A letter was received from the State of Delaware, stating that they are contemplating installation of a central heating and air-conditioning plant for the entire Capital Complex. They have suggested the site of the present greenhouse located on the Sewage Treatment property of the City of Dover. In order to establish the feasibility of locating the plant at the greenhouse site, it would be necessary to obtain test-boring data. If everything appears feasible, they would at that time be interested in getting together with the City, with the possibility of exchange of properties in mind. On motion of Mr. Hayes, seconded by Mr. Walls, Council granted permission for the State to obtain test-boring data on the area of the greenhouse at the Sewage Treatment plant.
RADIO ADVERTISING
A letter was received from Donal Culver, Sales Manager of WDOV, asking the City of Dover to consider advertising some of their programs and activities on radio in addition to the newspaper, which is used exclusively now. His concern was primarily with the present recreation activities in the City of Dover. On motion of Mr. Hastings, seconded by Mr. Biggs, Council authorized the City Manager to use all medias for advertising at his discretion.
REAL ESTATE REAPPRAISAL
Mr. William James reported that the Real Estate Reappraisal that was contracted for with the J.I. Cleminshaw Company is far behind schedule. The work was supposed to have begun approximately August 1, 1970 and be completed be February 1, 1972. Mr. James stated that he did not feel that this deadline could be met unless that started immediately. On motion of Mr. Hayes, seconded by Mr. Holpp, Council directed that the former City Assessor, William James, contact the home office of the J.I. Cleminshaw Company to ascertain their intentions of fulfilling this contract or not. A report will be made back to Council by Mr. James.
COUNCIL ADJOURNED AT 9:00 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of January 11, 1971 are hereby approved.
JANUARY 12, 1971 Crawford J. Carroll Mayor