REGULAR MEETING
May 25, 1970
The regular meeting of City Council was held on Monday, May 25, 1970 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Coyle, Hastings, Hayes, Holpp, Legates and Walls.
The invocation was said by the Rev. Raymond Best of St. Andrews Lutheran Church.
MINUTES
The minutes of the regular meeting of City Council held on May 11, 1970 were accepted and bore the written approval of Mayor Carroll.
TRAFFIC ORDINANCE
An ordinance to establish new traffic regulations in the City of Dover was once again presented to Council for its consideration. On motion of Mr. Hastings, seconded by Mr. Coyle, Council by a vote of 4 ‘yes’ and 3 ‘no’, Messrs Hayes, Legates and Walls, adopted the following ordinance.
AN ORDINANCE ESTABLISHING NEW TRAFFIC REGULATIONS IN THE CITY OF DOVER
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That pursuant to a comprehensive plan to improve the traffic patterns in downtown Dover, the following changes are to be made:
1. The seven parking spaces on the east side of South State Street between North Street and Loockerman Street shall be removed and it shall be unlawful to park on the said east side of State Street between North and Loockerman Street.
2. It shall be unlawful to make a left turn onto Loockerman Street while heading in a northerly direction on State Street, and it shall be unlawful to make a left turn while heading south on State Street onto North Street.
3. On State Street between Loockerman and North Streets a right turn land shall be established on State Street heading in a northerly direction which must be used by traffic intending to turn right onto Loockerman Street.
4. It shall be unlawful to park on both sides of Governors Avenue between North and Loockerman Streets.
5. North Street shall be a one-way street in an easterly direction from its intersection with Queen Street.
6. Signals to control traffic shall be established at the intersection of Queen and Loockerman Streets.
7. Traffic travelling on North Street shall be required to stop at the intersection with Queen Street and traffic travelling on Water Street shall be required to stop at the intersection with Queen Street.
8. Kings Highway shall be opened to two-way traffic to Memorial Plaza and permanent barriers shall be erected across Kings Highway southbound.
9. Traffic travelling on North Street shall be required to stop at the intersection with New Street.
10. Traffic travelling on Bradford Street shall be required to stop at the intersection with Reed Street and the present stop signs on Reed Street shall be removed.
11. Parking meters shall be installed on Reed Street from its intersection with Bradford Street to its intersection with Kings Highway.
12. Bank Lane shall be opened only to one-way traffic in a westerly direction between the Dover Green and Governors Avenue.
13. It shall be unlawful to park on the east side of Queen Street between North Street and Divisions Street between the hours of 7:30 A.M. and 5:30 P.M.
14. The existing four parking spaces on the west side of State Street just north of its intersection with Loockerman Street shall be removed and it shall be unlawful to park in said area at any time. In place of said parking spaces shall be established a right turn lane for traffic heading south on State Street to turn right onto Loockerman Street and traffic so intending to turn shall be required to use this lane.
15. The two existing four parking spaces on the west side of South Governors Avenue north of its intersection with Loockerman Street shall be removed and it shall be unlawful to park in said area at any time. In place of said parking spaces shall be established a right turn lane for traffic travelling in a southerly direction on South Governors Avenue to turn right and head in a westerly direction on Loockerman Street and traffic so intending to turn shall be required to use such lane.
16. The two parking spaces on the east side of Governors Avenue between Loockerman Street and North Street shall be removed and it shall be unlawful to park in said area at any time. In its place shall be established a right turn lane for traffic travelling in a northerly direction on South Governors Avenue to turn right in an easterly direction on Loockerman Street and all traffic intending to so turn shall be required to use such lane.
17. The existing six parking spaces on the west side of South Governors Avenue between North Street and Loockerman Street shall be removed and it shall be unlawful to park in said area at any time. In its place shall be established a though lane for traffic travelling in a southerly direction on South Governors avenue to proceed through the intersection with North Street in a southerly direction. A left turn lane shall be established at said intersection of South Governors Avenue and North Street for traffic travelling in a southerly direction on South Governors Avenue and intending to turn left and go in an easterly direction on North Street, and traffic so intending to turn shall be required to use such left turn lane.
ADOPTED MAY 25, 1970
MEMORIAL DAY SERVICES
A letter was received from the Walter L. Fox Post #2, American Legion, inviting the City of Dover to participate in the Memorial Day Services to take place on May 30, 1970 at 11:00 A.M. on the Green. A floral wreath with be purchased and presented by Mayor Carroll on behalf of the City of Dover at these services.
WALKER ROAD ALLEY
A request was received from the residence in the vicinity of an alley that runs east and west between Fairview Avenue and Lakewood Place behind the properties fronting on Walker Road. The request is to have a portion of this 10' alley abandoned to traffic. There are presently City utilities in this area for which an easement will be necessary. A public hearing is required prior to the abandonment of this alley. On motion of Mr. Walls, seconded by Mr. Coyle, Council adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A PORTION OF AN ALLEY RUNNING EAST AND WEST BETWEEN LAKEWOOD PLACE AND FAIRVIEW AVENUE, SOUTH OF WALKER ROAD, IN THE CITY OF DOVER.
1. The Council of the City of Dover is considering the vacating and abandoning of a portion of an alley running east and west from Lakewood Place to Fairview Avenue, south of Walker Road.
2. The Council of the City of Dover will sit on Monday, June 22, 1970 at 8:00 P.M. at the City Hall to hear an objection of such residents of the City or owners of the property affected who shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158; Volume 36, Laws of Delaware.)
3. The Clerk of Council is hereby directed to post copies of this resolution in five or more places in the City of Dover and to publish the same in a newspaper published in the said City.
Adopted May 25, 1970
SUMMER THEATRE FESTIVAL
A request was received from Mr. Ira Kinder concerning the establishment of a Summer Theatre Festival in the City of Dover. Mr. Kinder is requesting a grant of $2000 from the City to finance such a program. On motion of Mr. Walls, seconded by Mr. Biggs, Council referred this request to the Parks, Playgrounds & Trees Committee for their study.
MacDONALD’S RESTAURANT
A letter was received from the residents of Morris Estates #2, concerning the construction of a MacDonald’s Restaurant adjacent to their property. They expressed concern over the following problems; (1) drainage, (2) the installation of living fence in stead of a wooden fence, and (3) the installation of a barrier at the rear of the property. The signers of this request were present and addressed Council concerning this problem. The main problem with the drainage appears to be in the elevation grade of the constructed area with that of the present properties on which it borders. An original grade was established on the submissions to the Planning Commission, which have since been changed. On motion of Mr. Legates, seconded by Mr. Coyle, Council direction that the Building Inspector issue no further certificates or permits until these problems can be corrected to the City’s satisfaction.
ZONING ORDINANCE AMENDMENT
A request has been received from the Planning Commission to amend the Zoning Ordinance by establishing a time period requiring construction on rezoned land. 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 amendment. Mayor Carroll declared the hearing closed. On motion of Mr. Coyle, seconded by Mr. Biggs, Council by unanimous vote adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY REQUIRING CONSTRUCTION ON THE REZONED LAND WITH A CERTAIN PERIOD OF TIME.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That the Zoning Ordinance is hereby amended by adding a new subsection to Article XI thereof to be known as Section 11.18:
“11.18. In all cases where the City Council shall approve an amendment to the zoning map because of a request for new construction of buildings or structures on the rezoned land or where new construction is required to carry out the new use on the rezoned land, the amendment shall become null and void and the land shall automatically revert to the prior zoning classification unless within one year from the effective date of the amendment to the zoning map
a. New construction is started on the rezoned land according to the request for the amendment and such construction is proceeding in a normal and reasonable manner toward completion; or
b. City Council is given a satisfactory explanation for the failure to commence construction and reasonable assurance that construction will commence soon after the passage of the one-year period and will proceed in a normal and reasonable manner toward completion; or
c. Council may declared a reinstatement of the original zoning at any time after the passage of the one-year period in the event that the requirements of this subsection are not carried out after holding the required public hearing.
ADOPTED MAY 25, 1970
SMITH REZONING
A request had been received from James G. Smith to rezone land that he owns on Persimmon Tree Lane. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. Mr. Maurice Hartnett III, representing the owners, was present and spoke on their behalf. No one else was present to speak for or against the rezoning. The Planning Commission has approved the request. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Walls, Council by unanimous 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 LAND LOCATED ON COUNTY ROAD #337 (PERSIMMON TREE LANE), FROM R-20 USE TO MHP 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 MHP 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 MHP on that land located on the southside of County Road #337, (Persimmon Tree Lane), owned by Messrs James G. Smith, Jr. Nicholas A. Baldini and Frank P. Pullella, and containing approximately 118.5638 acres.
ADOPTED MAY 25, 1970
RAYMOND KEPHART REZONING
A request had been received from Mr. Raymond Kephart to rezone land he owns located on South Little Creek Road. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. Mr. Wayne Wilson, representing the proposed developer of this land, was present and spoke on behalf of the rezoning. The Planning Commission has recommended approval of this request. No one else was present to speak for or against the rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Legates, seconded by Mr. Biggs, Council by unanimous 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 LAND LOCATED ON SOUTH LITTLE CREEK ROAD, OWNED BY RAYMOND KEPHART, FROM R-20 USE TO MHP 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 the zoning and planning to change the permitted use from R-20 to MHP 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 MHP on that land located on the north side of South Little Creek Road, owned by Raymond Kephart, and containing approximately 43.644 acres.
ADOPTED MAY 25, 1970
SULLIVAN REZONING
On motion of Mr. Hayes, seconded by Mr. Legates, Council removed from the table the request of Mr. Daniel Sullivan to rezone property that he owns located on the northwest corner of U.S. Route 13 and Loockerman Street. A public hearing was held on May 11, 1970 at which time action was tabled pending a review by the City Solicitor on the deed restrictions of this property. Mr. Rodriquez, City Solicitor, stated that there is a restriction against commercial enterprises, but this restriction may be lifted by consent of 60% of the legal owners of property in the Eastover Hills development. A petition of signers permitting the lifting of the restrictions was attached to the rezoning request. Mr. Aaron Knopf, proposed purchaser of the Sullivan property, was present and addressed Council in connection with the petition that was presented. He stated that he thought that this petition would represent 60% of the owners. On motion of Mr. Hayes, seconded by Mr. Holpp, Council referred this petition to the City Assessor, in order to ascertain the percentage of legal owners of property of Eastover Hills that had signed this petition. Any further action was again tabled on this request.
ALFRED G. WATERS REQUEST
The request of Alfred G. Waters for sewer and water for the trailers he owns located in the vicinity of College Road, presented at the last meeting, was followed by a request that the Building Inspector prepare a report on the area. This report was present at this time by Mr. Roe, Building Inspector. A detailed report on the trailer court, including a copy of this license-permit issued by the State Board of Health, photos of the court, and recommendations of the Building Inspector were presented to Council. It was the recommendation of the Building Inspector that the request be denied, since this trailer court does not meet the Building, Zoning and Housing Codes of the City of Dover. Mr. & Mrs. Waters were present and addressed Council, stating that they felt the information presented by Mr. Roe was not entirely true, but at the same time, they had no facts to repudiate his presentation. On motion of Mr. Holpp, seconded by Mr. Legates, Council requested that Mr. Roe meet with Mr. & Mrs. Waters to determine what they might do in order to conform to the City Codes and therefore be in position to obtain sewer & water. The Council also requested that this entire area be presented to the Planning Commission for their study in conjunction with a comprehensive plan for the area.
SING-OUT, DOVER RESOLUTION
On motion of Mr. Walls, seconded by Mr. Hastings, Council by unanimous vote adopted the following resolution.
SING-OUT, DOVER RESOLUTION
WHEREAS, over the weekend a group of high school students from the Dover area spent a considerable amount of time and did a lot of hard labor in cleaning up an area on Walker Road between Kenton Road and Saulsbury Road; and
WHEREAS, the Mayor and Council of the City of Dover want to express their appreciation to this group of teenagers known as the Sing-Out Dover Group for their interest in beautification of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Mayor and Council do hereby express their appreciation to the members of the Sing-Out Dover Group for their time and labor and interest in helping to improve the appearance of our City.
ADOPTED MAY 25, 1970
HASTINGS SQUARE - HUD
In reference to previous correspondence with the Housing Authority and the Department of Housing and Urban Development, a letter was received by Mayor Carroll concerning the project DEL 2-4, Hastings Square. HUD stated in this letter that the selection of sites for the development of Federal Housing was done solely by the local authorities. There indication was that any change would have to be made by the local authority and not HUD. The Council had previously requested that the Planning Commission withhold any further approval until so notified by Council. Mr. Roe, Building Inspector, that asked Council for guidance in so far as issuing a building permit, should Mr. Wiener, the Builder, apply for same, under the provision that after 45 days from submission of plans, a permit may be issued. That 45 day period expired on May 21, 1970. All plans had previously been submitted to the Planning Commission. On motion of Mr. Coyle, seconded by Mr. Hayes, Council by a vote of 6 ‘yes’ and 1 ‘no’, Mr. Legates, directed the Building Inspector to issue no permits for Hastings Square.
INTERCONNECTION AGREEMENT - DP&L
Mr. Wallace Duncan, representing the firm of Jennings, Strouss & Salmon, was present and addressed Council with the prospect of entering into an agreement with Delmarva Power & Light on an interconnection agreement. Delmarva Power & Light is a satellite member of the PJM Pool, which in effect will make Dover a sub-satellite member. Mr. Duncan stated that he felt that this agreement is the best possible agreement that could be negotiated by the City of Dover. On motion of Mr. Holpp, seconded by Mr. Coyle, Council authorized the City Officials to enter into said Interconnection Agreement with Delmarva Power & Light, said agreement as presented by Mr. Wallace Duncan, and would be come effective when Dover has installed sufficient generating capacity to meet the interconnection requirements.
EXPANSION OF McKEE RUN POWER PLANT
Mr. Richard Popham presented to Council his final recommendation on the expansion of the City of Dover Generating System. A tentative order has been placed with the General Electric Company for the purchase of a 100MW turbine-generator. This commitment was placed several months ago, prior to a price increase by GE, in order to save the City of Dover a considerable amount of money, in the event they decided to increase their generating capacity. This commitment must be fulfilled by June 1, 1970, in order to take advantage of the price prior to the increase. Mr. Popham stated that with the interconnection agreement with DP&L, the City was now in a favorable position to increase the generating capacity by the installation of the 100 MW unit. There were some questions as to whether it might be more desirable to install the one unit. On motion of Mr. Coyle, seconded by Mr. Hayes, Council by unanimous vote made the following directions to the City Manager:
1. Place the order with General Electric Company by June 1, 1970 for the 100 MW Unit.
2. Direct the firm of Laramore, Douglass & Popham to submit a formal contract for the engineering design of the expansion of the McKee Run Generating Station.
3. Direct the firm of Laramore, Douglass & Popham to obtain bids on the Boilers necessary to accompany the installation of a 100 MW Unit.
4. Direct the firm of Laramore, Douglass & Popham to submit to the Council a price on the complete design of the expansion of McKee Run by the Council meeting of June 8, 1970.
DREXEL HARRIMAN RIPLEY
Mr. Henry Konkonen, representing Drexel Harriman Ripley, was present and addressed Council in connection with the financing of the aforementioned expansion of the generating system. Mr. Konkonen stated that his firm would design a financial program which would enable the City of Dover to expand it electric generating system and a proposal to consider Drexel Harriman and Ripley to purchase such electric improvement bonds. On motion of Mr. Holpp, seconded by Mr. Walls, Council by unanimous vote adopted the following resolution.
RESOLUTION SELECTING DREXEL HARRIMAN RIPLEY, INCORPORATED AS INVESTMENT BANKERS
WHEREAS, the demand for electric energy is exceeding the electric capacity of the Dover electric system and
WHEREAS, the expansion of the system would meet the demands of the service area at a lower cost through the additions of added capacity; and
WHEREAS, the City Council has voted to increase this capacity to be financed through the sale of electric revenue bond issues.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER that Drexel Harriman Ripley, Incorporated be hereby selected as investment bankers to design a financial program which will enable the City to expand its electric system and that the Council consider and approve, or reject, a proposal to be submitted by Drexel Harriman Ripley, Incorporated to purchase such electric revenue improvements bonds.
ADOPTED MAY 25, 1970
COUNCIL ADJOURNED AT 10:20 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of May 25, 1970 are hereby approved.
May 28, 1970 Crawford J. Carroll Mayor