REGULAR MEETING
The regular meeting of City Council was held on Monday, April 22, 1968 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Harris, Hastings, Hayes, Holpp, Hughes, Jackson and Smith.
The invocation was said by the Rev. Donald Douglas of Wesley College.
MINUTES
The minutes of the regular meeting of April 8, 1968 were approved and bore the written approval of Mayor Carroll.
J. P. COURT #7 REPORT
On motion of Mr. Hastings, seconded by Mr. Hayes, Council accepted the report of the J. P. Court #7 for the month of March as presented. A check in the amount of $1,427.00 was remitted to the City of Dover.
OSCAR REED ESTATE
City Manager Neylan presented to Council a proposal to purchase approximately 1.5 acres of land owned by the Oscar Reed Estate, which is adjoining the Leon Tarburton land discussed at the last Council meeting, to be purchased with the aid of a Federal Grant for the use as park land. The purchase price of the Reed property is $5,000. On motion of Mr. Hastings, seconded by Mr. Hayes, Council by unanimous vote authorized the City Manager to negotiate for the purchase of the Reed land and to include this land in the application for the Federal Grant.
FEDERAL GRANT RESOLUTION
On motion of Mr. Hastings, seconded by Mr. Hayes, Council by unanimous vote authorized the adoption of the following resolution and the filing of an application for such grant.
RESOLUTION OF THE COUNCIL OF THE CITY OF DOVER
WHEREAS, Title 7, Chapter 58, of the Delaware Code provides assistance grants in the amount not to exceed seventy-five percent of the purchase price of land to be acquired by incorporated municipalities for park, recreation, and conservation purposes, and
WHEREAS, the City of Dover desires to participate in the aforementioned land acquisition assistance program and to acquire the land specified in the attached application.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET AS FOLLOWS:
1. THAT the City of Dover hereby approved the filing of an application for a financial assistance grant under Title 7, Chapter 58, of the Delaware Code.
2. THAT the Mayor of the City of Dover is hereby authorized and directed to execute and file an application for a financial assistance grant under Title 7, Chapter 58, of the Delaware Code, and provide the information and documentation required in said application.
3. THAT the local share of the purchase price in an amount not to exceed $15,000.00 is available in the form of deposited funds.
Adopted April 22, 1968.
ELECTRIC RATE CHANGE ORDINANCES
On motion of Mr. Holpp, seconded by Mr. Harris, Council by unanimous vote adopted the following ordinance.
AN ORDINANCE AMENDING AN ORDINANCE ENTITLED AN ORDINANCE PROVIDING FOR AND ESTABLISHING A RATE SCHEDULE FOR COMMERCIAL AND INDUSTRIAL ELECTRIC SERVICE AS ADOPTED OCTOBER 24, 1966.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET, that effective July 1, 1968, An Ordinance Providing For And Establishing A Rate Schedule For Commercial and Industrial Electric Service is amended as follows, to wit:
1. That Section 1 is amended by deleting
Energy Charge: $2.50 per first 30 KWH
.07 per KWH for the next 70 KWH
.04 per KWH for the next 900 KWH
.0375 per KWH for the next 4000 KWH
.0195 per KWH for the next 5000 KWH
.0155 per KWH for all over 10,000 KWH
No KWH billed for less than 3.75¢ unless a demand meter is installed.
And inserting in lieu thereof
Energy Charge: $2.50 per first 30 KWH
.04 per KWH for the next 770 KWH
.035 per KWH for the next 4200 KWH
.0175 per KWH for the next 5000 KWH
.014 per KWH for all over 10,000 KWH
No KWH billed for less than 3.5¢ unless a demand meter is installed.
2. That section 1 is amended by deleting
DETERMINATION OF BILLING DEMAND - The highest kilowatt demand determined either by a fifteen (15) minute integrated demand matter, or a lagged thermal demand meter, occurring during the month, taken to the nearest whole kilowatt shall be the billing demand for that month, except that the billing demand shall not be less than sixty (60) per cent of the highest billing demand determined during the twelve (12) month period ending with the current billing month. The billing demand established during racing meets held between February 1 and May 15 shall be excluded when determining the highest billing demand against which sixty (60) per cent minimum billing shall be applied.
Adopted April 22, 1968
On motion of Mr. Holpp, seconded by Mr. Jackson, Council by unanimous vote adopted the following ordinance.
AN ORDINANCE AMENDING AN ORDINANCE ENTITLED AN ORDINANCE ESTABLISHING A RATE SCHEDULE FOR ELECTRIC SERVICE FOR THE PRIMARY VOLTAGE TO CUSTOMERS IN THE CITY OF DOVER SERVICE AREA AS ADOPTED DECEMBER 12, 1966.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET, that effective July 1, 1968, An Ordinance Establishing A Rate Schedule For Electric Service For The Primary Voltage To Customers In The City of Dover Service Area is amended as follows, to wit:
1. That section 1 is amended by deleting
Demand Charge - First 100 kilowatts of billing demand - $750.00
And inserting in lieu thereof
Demand Charge - First 100 kilowatts of billing demand - $300.00
Adopted April 22, 1968
HOWARD JOHNSON UTILITY LINES
A letter was received from Mr. Harry Cooke, manager of Howard Johnson’s Restaurant, requesting the installation of sewer and water lines to the restaurant, which was recently annexed to the City of Dover. Mr. Cooke has stated that when the price of the contract to do this work is determined, he will put the amount of this contract in escrow to cover the installation of the sewer and water lines. On motion of Mr. Harris, seconded by Mr. Jackson, Council authorized the City Manager to let bids on this work, and when the are returned to award the job to the low bidder and inform Mr. Cooke of this amount to be put into escrow. When Council determines the cost of this installation to Howard Johnson’s Restaurant, that amount will be deducted from the escrow money, and the balance returned to Mr. Cooke.
STATE POLICE ACADEMY
A letter was received from the Architect of the proposed State Police Academy to be located just north of the present State Police Headquarters on U.S. Route 13, adjacent to the limits of the City of Dover. This request was for the extension of City water lines to serve this proposed building. The present policy of the City of Dover is not to extend the sewer and water utility lines beyond the City limits. If this area were annexed to the City of Dover, there would then by no problem about running this water line to the proposed Academy. The question arose as to whether the State of Delaware would be able to vote this area into the City, and of so, how. On motion of Mr. Hayes, seconded by Mr. Holpp, Council deferred until the next meeting any action on this request to give the City Solicitor time to look into this problem and see if he can obtain a solution to same.
KESSELRING ANNEXATION
A request has been received from Harvey and Mildred Kesselring asking Council to consider the annexation of approximately 20 acres of land that they own on the south side of Webbs Lane next to the Rodney Village development this land is to be used for the construction of a school for the Caesar Rodney School District. On motion of Mr. Hayes, seconded by Mr. Jackson, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Harris, adopted the following resolution:
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN SAID AREA.
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 deem it in the best interest of the City of Dover to include an area located on the south side of Webbs Lane adjacent to Rodney Village and the City of Dover limits and hereinafter more particularly described within the limits of the City of Dover.
NOW, THEREFORE BE IT RESOLVED:
1. That the following described area situated in East Dover Hundred, Kent County, Delaware more particularly bounded and described herein be annexed to the City of Dover:
(a) ALL that certain piece, parcel or tract of land now situated in East Dover Hundred, Kent County, State of Delaware, lying on the south side of Webbs Lane between U.S. Route 13-A and New Burton Road and consisting also of a part of the right of way of Webbs Lane, being bounded on the north by the existing corporate limits of the City of Dover in Webbs Lane, on the east by Rodney Village Development, and on the south and west by lands of Harvey Kesselring, and being more particularly described as follows to wit:
(b) BEGINNING at a point in the existing south corporate limits of the City of Dover and in the extension of the west line of Rodney Village Development; thence running with the extension of and with the west line of Rodney Village South 9 deg. 37 min. 40 sec. West 1337.66 ft. to a point in line of Rodney Village Development at a corner for this parcel and for lands of Harvey Kesselring; thence running with land of Kesselring North 82 deg. 54 min. 30 sec. West 651.62 ft. to a corner for this parcel and for lands of Kesselring; thence continuing with land of Kesselring and with the extension of line of lands of Kesselring North 7 deg. 05 min. 30 sec. East 1324.5 ft. to a point in the existing south corporate limits of the City of Dover; thence running with the existing south corporate limits of the City of Dover on the three following courses (1) South 82 deg. 54 min. 30 sec. East 345.31 ft.; thence (2) in an easterly direction with a 5714.58 ft. radius curve to the left an arch distance of 358.23 ft.; thence (3) South 86 deg. 33 min. 30 sec. East 7.45 ft. to the place of beginning, and containing 20.73 acres of land be the same more or less.
2. That an election be held on the 22nd day of May A.D., 1968 commencing at the hour of 1:00 P.M. at City Hall on the Plaza of the City of Dover, Delaware, for the purpose of submitting the question of annexation of the above area to the persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this Resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the date of said election.
Adopted April 22, 1968
BUSH REZONING
A request has been received from Mrs. Ida T. Bush to rezone a piece of land she owns on South Bradford Street. A public hearing was duly advertised for this time and date. Mayor Carroll declared the hearing opened. Mr. Robert Moore, agent for both Mrs. Bush and Dr. Mroz the intended purchaser, was present and stated that Dr. Mroz plans to build an office building on this land, pending approval of the rezoning by Council. There has been no objection from the neighbors, stated Mr. Moore. Mr. Roe, Building Inspector, was asked of this land use conformed with the lot size. Mr. Roe stated it did not, and a variance would have to be granted, of this lot was rezoned to RG0, which requires a lot size of 100’ x 100’, and this lot is only 60’ x 120’. The Planning Commission recommended approval subject to a variance by the Board of Adjustment to build the proposed professional office building. Mayor Carroll declared the hearing closed. On motion of Mr. Hughes, seconded by Mr. Biggs, seconded by Mr. Biggs, Council by unanimous vote adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING ORDINANCE OF THE PROPERTY OWNED BY MRS. IDA T. BUSH ON SOUTH BRADFORD STREET, BETWEEN LOTS $35 AND #36, FROM RG-1 TO RG0.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property with in 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 RG-1 to RG0 use on the property described below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. 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 RG-1 to RG0 use on the land owned by Mrs. Ida T. Bush located on South Bradford Street between lots #35 and #36, containing approximately 7200 square feet.
Adopted April 22, 1968
GSA LETTER
A letter was received from the General Administration of the Federal Government, in reply to a letter sent by Mayor Carroll on April 12, 1968, in which the Mayor expressed the feeling of the Council of the City of Dover that the architectural design of the proposed office building was not in keeping with the design of the buildings that are now in the area, these being of a Colonial design. The letter from the GSA stated that their architects felt that this design was in the keeping with the zoning ordinances of the City of Dover and there was no basis for any change.
A letter was also read that Mr. Roe, Building Inspector, has sent to the GSA notifying them of the condemnation of all of the buildings on the tract of land they own where the new building is to be built. The letter stated that demolition of these buildings must take place by May 12, 1968 or Council action will be taken in accordance with the Dangerous Building Ordinance of the City of Dover.
DELMARVA REZONING
A request has been received from the Delmarva Warehouse Inc. to rezone a piece of land they own on Walker Road between the railroad and the Fairview Elementary School. A public hearing was duly advertised for this time and date. Mayor Carroll declared the hearing opened. Mr. Douglas L. Harris, now speaking as a member of the firm of the Delmarva Warehouses, Inc., asked that Council abide by the request of the Planning Commission, that being that the Council not take any action until such time as the Planning Commission can make a recommendation to Council at a later meeting. On motion of Mr. Hughes, seconded by Mr. Jackson, Council by a vote of 7 ‘yes’ and 1 ‘not voting’, Mr. Harris, tabled any action on this rezoning request until a recommendation can be handed down by the Planning Commission.
BUCKSON LETTER
A letter was received from Mr. David P. Buckson apologizing for his inability to arrive as scheduled at a meeting he was to attend with the Council on Monday, April 15, 1968. Mr. Buckson stated in this letter that all the files pertaining to the case of the City of Dover v. Pyott, Scooten and Burger have been turned over the Mr. Nicholas Rodriguez, City Solicitor. The bill for the portion of the case he handled has been submitted for payment. The bill was for 15½ hours @ $35 per hour. The Resolution adopted in March, 1964 set forth the fee of $30 per hour for all court time performed by the City Solicitor. On motion of Mr. Hayes, seconded by Mr. Hughes, Council by unanimous vote directed that the bill for this case be changed to 15½ hours @ $30 per hour amounting to $465.00 and approved payment of same.
Mr. Rodriguez, City Solicitor, is unable to handle the City’s case in the above mentioned lawsuit, since he is the law partner of Mr. Harold Schmittinger, attorney for the Plaintiffs, thereby creating a conflict of interests. Mr. Rodriguez stated that he felt tat another attorney should be retained to handle this one case, and in future the law firm of Schmittinger & Rodriguez would not enter into any cases against the City of Dover. This case was started prior to Mr. Rodriguez’s appointment as City Solicitor. Mr. Rodriguez stated that this case is now before the Chancellor, and he would contact him requesting a extension of the filing in this case in order to give the City of Dover time to engage another Attorney. On motion of Mr. Hayes, seconded by Mr. Holpp, Council by unanimous vote directed the City Manager to contact Mr. Januar Bove, of the firm of Connolly, Bove & Lodge of Wilmington, Delaware, to see if he would handle the case for the City of Dover.
SIDEWALK HEARING
A public hearing was duly advertised for this time and date to consider the installation of sidewalks where they do not now exist in the area bounded by U.S. Route 13, South Street, Wyoming Avenue and New Burton Road. Mayor Carroll declared the hearing opened. No one was present to speak for or against the proposed installation of sidewalks in this area. A letter was received from Mrs. Ida T. Bush, of 832 S. Governors Avenue, who owns a tract of land bounded by S. New Street, S. Governors Avenue and Dover Street. With the exception of her residence at 832 S. Governors Avenue, the entire tract is undeveloped. She requested that the sidewalk project for her tract of land be deferred until such time as the character of this land be changed. Following much discussion by Council, Mayor Carroll declared the hearing closed. On motion of Mr. Harris, seconded by Mr. Smith, Council by unanimous vote directed that concrete sidewalks be installed in the area described above, where curbing now exists, as follows; (1) that 4' wide sidewalks be installed in areas that now have no sidewalks; (2) that in areas that now have 4' wide sidewalks, these area will be completed with 4' sidewalks; (3) that in areas that now have 5' wide sidewalks, these areas will be competed with 5' sidewalks; and (4) any trees or shrubs that cannot be moved without damage to these trees or shrubs, sidewalks will be installed but diverted around these tress or shrubs. Council directed that the City Manager notify the property owners involved and give then the required 15 days notice to install the sidewalk or the City will have this work done and place a lien against the property, as outlined in the Charter of the City of Dover.
CURB INSTALLATIONS
The City of Dover plans to install concrete curb and gutter on the portion of South Governors Avenie between South Street and Wyoming Avenue on both sides of South Governros Avenue, the cost of which will be charged to abutting property owners who now lack curb. A public hearing is required before proceeding with such projects and assessing the cost thereof.
On motion of Mr. Jackson, seconded by Mr. Hayes, Council by unanimous vote adopted the following resolution.
RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING TO CONSIDER THE INSTALLATION OF CURB AND GUTTER ON BOTH SIDES OF SOUTH GOVERNORS AVENUE BETWEEN SOUTH STREET AND WYOMING AVENUE.
WHEREAS, the City Council of the City of Dover is considering the installation of concrete curb and gutter on both sides of South Governors Avenue between South Street and Wyoming Avenue and charging the cost thereof to property owners, and
WHEREAS, the Charter of the City of Dover requires that a public hearing be held prior to such action, at which the property owners concerned and other residents of the City may be heard, and that notice of such hearing be published,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. The Council of the City of Dover will hold a public hearing in the Council Chambers at City Hall at 8:00 P.M., May 27, 1968 on the question of installing concrete curb and gutters on both sides of South Governors Avenue between South Street and Wyoming Avenue and assessing the cost thereof to property owners.
2. The following-named persons are the owners or the purported owners of the properties in front of which the concrete curb and gutter will be installed:
Everett C. Matthews Renard Corporation
Maydon, Incorporated Victor E. Holpp
Dover Professional Building, Inc. Shore Distributors, Inc.
Edward D. & Mary B. Biter Turner B. & Sarah G. Hastings
Logar Corporation Thelma Lou Townsend, Trustee
Gustav Konschak Wilds Building Corporation
Frank X. & Susan T. Sakalosky John A. & Elizabeth A. Boyer
Leon Smallwood George H. Rhoads, Inc.
Ida T. Bush H & F Corporation
Sinclair Refining Company Conrad Greenlee
Victor E. Jr. & Lillian W. Webster Dr. George R. & Natalie R. Spong
Audrey M. Tradey Reba M. Mears
Baynard E. & Jean Sweetman Harry N. Jr. & Elizabeth A. Barrett
Wm., Wm. Jr. & Jean C. Flanagan Bertram B. & Barbara D. Widder
Allan S. & Helen P. Walls Delsie & Walker C. Kemp & Harry W. Kemp
Elizabeth Horn Ward H. & Leora M. Kelly
William Garrett Helen H. Warner & Margaretta Paynter
3. At the said meeting the Council will hear the aforesaid owners of property and other residents of the City in accordance with the Charter of the City of Dover.
Adopted April 22, 1968
Council adjourned at 9:10 P.M.
Jay R. Dougherty
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of April 22, 1968 are hereby approved.
Crawford J. Carroll Mayor
At 9:20, Mayor Carroll called the Council of the City of Dover back into session to act on unfinished business.
SEWER LINE RIGHT-OF-WAY
At an earlier Council meeting City Manager Neylan was authorized to negotiate for the right-of-way for a sewer line that would begin at the Dover Downs area and end in the vicinity of Walker Road crossing the lands of the Delaware State College, Silver Lake and the lands of the Dover Special School District. Mr. Neylan reported that he has made these negotiations and has come up with a price he recommends that the Council approve. The right-of-way across the lands of the Delaware State College can be obtained for $750. The right-of-way across the lands of the Dover Special School District can be obtained in exchange for the front foot charge that is now assessed against the Dover Special School District for the West Dover Elementary School on Forest Street. On motion of Mr. Harris, seconded by Mr. Jackson, Council authorized the payment of the $750 for the Delaware State College right-of-way, and the exchange of the front foot charge for the right-of-way over the lands of the Dover Special School District.
Council adjourned at 9:30 P.M.
Jay R. Dougherty
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of April 22, 1968 are hereby approved.
April 23, 1968 Crawford J. Carroll Mayor