REGULAR MEETING
June 10, 1963
The regular meeting of City Council was held Monday, June 10, 1963 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Harris, Hayes, Hill, Holpp, Hughes, Smith and Walls.
The invocation was said by the Rev. John Roock.
MINUTES
Minutes of the meeting of May 27, 1963 and June 4, 1963 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police was accepted as read.
Report of Alderman Cavanaugh was accepted as read. Checks in the amounts of $1309.50 and $207.00 were remitted to the City. Report of Magistrate Knotts was accepted as read. A check in the amount of $495.00 was remitted to the City.
Report of the Fire Marshal and Building Inspector was accepted as read.
Report of the Board of Health was accepted as read.
Report of Cash Receipts, General Fund, was accepted as read.
On motion of Mr. Smith, seconded by Mr. Hayes, the action of a previous Council which reserved Housing Fund monies for slum clearance was rescinded, and the transfer of all funds and investments from the Housing Fund to the General Fund for the use of general operations of the City was authorized.
Report of General Fund Budget was accepted as read.
Cash Report, Electric Revenue Fund, was accepted as read.
Cash Report, Electric Improvement Fund, was accepted as read.
Electric Department Operating Report was accepted.
Report of the City Manager was accepted.
CONSTRUCTION REVIEW
City Engineer Joseph reviewed for Council progress being made on the sewage pumping station on Hazlettville Road, and on sewer lines being installed in Eastover Hills and Edgehill Acres. Bids will be received for the June 24 meeting on sewer and water in Edgehill, a water storage tank at General Foods, and a sewer line under the North Street crossing of the railroad.
DOVER HOUSING AUTHORITY
The Dover Housing Authority is acquiring 60 housing units in Capital Green which are served with City sewer, water and electricity. They are requesting a single bill for electrical requirements. Their representatives will meet with the Utility Committee of Council.
UTILITY REPORT
Councilman Holpp submitted a report of a meeting of the Utility Committee. On motion of Mr. Smith, seconded by Mr. Hayes, the report was accepted.
INSPECTIONS
On motion of Mr. Hayes, seconded by Mr. Holpp, Council authorized the employment of a senior inspector from Albright & Friel at a cost not to exceed $7 per hour plus expenses, and of a junior inspector at not to exceed $5.50 per hour. The latter could be employed locally. The inspectors will be employed on the sewer and water construction program now underway.
HEAT AND AIR CONDITIONING
Bids have been received for central heating and air conditioning for City Hall. The bidders asked that their bids not be opened unless an award was intended. The Treasurer was then asked about availability of funds. He pointed out the bank balance May 31 of $10,335, as compared with $285,282 at the same time last year, and that proposed budget included only $40,000 for capital expenditures, most of which would be needed to purchase equipment to meet commitments to General Foods for trash collection and disposal. The bids were not opened. On motion of Mr. Hill, seconded by Mr. Hayes, the matter of heat and air conditioning for City Hall was referred back to the City Manager and Treasurer for further consideration. Mr. Hill voted ‘No’.
DIAMOND ICE WELL
Diamond Ice & Coal requested permission to drill a well to provide 75 GPM of water, which would replace a previous well which had collapsed. Norman Ward, of that company, stated that the City water which was now being used, contained impurities which made it unsuitable for ice making and at one time made it necessary to destroy a large quantity of ice. Council requested Jack Woods, Supt. of Public Works, to have the water at Diamond Ice & Coal checked before action was taken on request for the well.
BULLOCK ZONING
Notice has been duly given of a public hearing to be held this date on a proposed change in the zoning map of Dover which would rezone the northeast corner of New and Loockerman Streets from C-2 to RG-1. Mayor and Carroll declared the hearing opened. Arlington Bullock, who requested the change, was present and spoke. No other resident or property owner spoke. It was determined that if the zoning change were made, apartment units on the second floor of the building in question would be a conforming use, the commercial uses on the ground floor would be nonconforming. Under the zoning ordinance, a variance can apparently be granted for continued use of the apartments, and the businesses would be a conforming use, if the zoning map is not changed as requested.
On motion of Mr. Walls, seconded by Mr. Smith, the request amendment to the zoning map was denied by unanimous vote, and Mr. Bullock was directed to apply to the Zoning Board of Adjustment for a variance.
DIVISION STREET ZONING
Notice has been duly given of a public hearing to be held this date on a proposed change in the zoning map of Dover which would rezone Division Street from C1A to C-2. Mayor Carroll declared the hearing opened. It was reported that the change was no longer desired because it would result in the many residences in the area becoming nonconforming uses.
On motion of Mr. Hayes, seconded by Mr. Harris, the requested amendment to the zoning map was denied by unanimous vote.
ELECTRIC DEPARTMENT BUDGET
Notice has been duly given of a public hearing to be held this date on a proposed budget for the Electric Department for the fiscal year of 1963-1964. Mayor Carroll declared the hearing open. No one appeared to speak for or against the proposed budget.
On motion of Mr. Harris, seconded by Mr. Hayes, Council by unanimous vote adopted the following budget ordinance for the Electric Department.
Be It Ordained By The Council Of The City Of Dover:
Section 1. That the amounts hereinafter named, aggregating two million, eight hundred fifteen thousand, three hundred seventy-seven dollars and fifty cents ($2,815,377.50), or so much thereof as may be necessary, are hereby appropriated from current revenues of the Electric Department, estimated to be two million, eight hundred sixty-five thousand dollars ($2,865,000.00), for the use of the several divisions of the Electric Department, and for the purposes hereinafter mentioned, for the fiscal year beginning July 1, 1963 and ending June 30, 1964, as follows:
Operation:
Production $1,420,000.00
Labor $ 185,000.00
Materials and Supplies 475,000.00
Purchased Power 760,000.00
Distribution: 50,000.00
Labor 25,000.00
Materials and Supplies 25,000.00
Administration 145,000.00
Salaries and Wages 60,000.00
Materials and Supplies 50,000.00
Social Security & Grp. Insurance 15,000.00
Electric Meter Deposit Refunds 20,000.00
Total Operating Budget 1,615,000.00
Interest on 1960 Revenue Bonds 352,125.00
Principal on 1960 Revenue Bonds 180,000.00
Reserve on 1960 Revenue Bonds 106,425.00
Electric Improvement Fund 200,000.00
City of Dover General Fund 300,000.00
Principal & Interest on G. O. Bonds 61,827.50
Total Appropriation $2,380,598.96
Section 2. The City Manager is hereby authorized, without further approval of City Council, to make interdivisional transfers up to 10% of the amount herein appropriated to any division, except that the amounts herein appropriated for interest, principal and debt reserve on 1960 Revenue Bonds and for the Electric Improvement Fund may not be decreased.
Passed June 10, 1963
(Hand Written “Plaintiff Exhibit #1")
FAIRVIEW ZONING
Notice has been duly given of a public hearing to be held this date on a proposed change in the zoning map of Dover which would rezone Section 2 of the Fairview development from R-8 to RG-1. Mayor Carroll declared the hearing open. The developer, Frank Robino, and his attorney and engineer were present. Councilmen questioned the street plan of the proposed development which did not provide for opening Ross Street from Fairview Avenue to Pear Street. Michael Poppitti, attorney for the developer, pointed out that the Planning Commission recommended that Ross Street not be opened and that additional right of way be dedicated for widening Walker Road. He exhibited the original plan which provided for the opening of Ross Street. When Ross Street was eliminated the lots were widened, but no new ones created. In either case the square feet of lot required by the R-8 zone was met, but the minimum frontage of 70' was not. All the requirements for RG-1 single dwellings would be met.
On motion of Mr. Smith, seconded by Mr. Biggs, Council directed that Ross Street be opened, and approved the following ordinance changing the zoning map from R-8 to RG-1 by vote of 7 to 1. Mr. Hughes voted ‘No’.
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE FAIRVIEW DEVELOPMENT.
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 desirable and proper to change the zoning map and the permitted uses in the Fairview development totaling 17.026 acres from R-8 to RG-1, One Family dwellings, detached, as more particularly described below, and excluding semi-detached and multiple dwellings otherwise permitted in an RG-1 zone,
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 R-8 to RG-1, One-Family Dwellings Detached of that certain area containing approximately 17.026 acres located west of Fairview Avenue, south of Walker Road, east of Pear Street and north of Lakewood Manor subdivision.
Passed June 10, 1963.
SEWER RENTS
Council discussed the impositions of a sewer rent both within and without the City as proposed prior to a referendum which approved issuing $2,500,000 of bonds to finance improvements to the sanitary sewer, water and storm sewer systems. Charges were to be effective with the July 1, 1963 billings for water.
On motion of Mr. Hill, seconded by Mr. Hayes, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE ESTABLISHING SEWER RENT CHARGES FOR USERS OF THE SANITARY SEWER SYSTEM OF CITY OF DOVER INSIDE AND OUTSIDE THE LIMITS OF THE CITY.
1. Effective with the billings for water for the period ending June 30, 1963, all users of the sanitary sewer system of the City of Dover shall be billed for sewer rent in accordance with the rates listed below. Bills shall be rendered in conjunction with the water billing to those customers using both City water and City sanitary sewer facilities. Bills shall be rendered quarterly on July 1, October 1, January 1, and April 1. Discounts and penalties applying to water rates shall also apply to sewer rates. Rules and regulations which apply to water regarding payment of charges, discontinuance of service, and service charges shall also apply to sewer rates. Property owners shall be responsible for sewer rents, as they are for water rents.
Rate Schedule
Single Units Billed Through One Water Meter: Dwellings
City Customers: The minimum bill shall be the equivalent of the water bill, or $3.00 per quarter, whichever is greater.
Suburban Customers: The minimum bill shall be the equivalent of the water bill, or $9.00 per quarter, which ever is greater.
Multiple Units Billed Through One Water Meter: Dwellings
City Customers: The minimum bill shall be the equivalent of the water bill; or $3.00 for the first unit, plus $1.50 for each additional unit, per quarter, whichever is greater.
Suburban Customers: The minimum bill shall be the equivalent of the water bill; or $9.00 for the first unit, plus $4.50 for each additional unit, per quarter, whichever is greater.
Dwellings shall mean residences or apartments, including those located in or over business or commercial establishments, but shall not mean Hotels, Motels, or Rooming Houses when applied to multiple units.
INDUSTRIAL AND COMMERCIAL
City Customers: The minimum bill shall be the equivalent of the water bill, or $3.00 per quarter, whichever is greater.
Suburban Customers: The minimum bill shall be the equivalent of the water bill, or $9.00 per quarter, whichever is greater.
When the industrial waste load imposes an unusual burden on the sewage treatment facilities of the City, the sewer billing shall be based on the formula devised by Albright & Friel, as in the case of General Foods Corporation. Users of the sanitary sewer system of the City, with a water supply other than a measured in a manner approved by the City.
Passed June 10, 1963
ORDINANCES
On motion of Mr. Hayes, seconded by Mr. Smith, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE PROHIBITING PARKING ON A PORTION OF THE WEST SIDE OF SOUTH STATE STREET
BE IT ORDAINED, by the Mayor and Council in Council met: that from and after the passage of this ordinance:
1. It shall be unlawful for any person, firm, association or corporation to park or allow to be parked, any motor vehicle on the west side of South State Street for a distance of thirty feet north of the southerly exit of the entrance to Kent General Hospital.
2. That in connection with the no parking restrictions as provided in paragraph one of this ordinance, any person, operating a motor vehicle shall be entitled to stop within said area for the purpose of utilizing the mailing facilities installed at that location by the Post Office Department but at no time shall any person be allowed to remain in that location except as provided herein.
3. That the Police Department of the City of Dover shall be responsible for the placement of yellow curbing designating the no parking area provided herein.
4. Any person, firm, association or corporation violating the provisions of this ordinance shall be fined not less than Two ($2.00) Dollars nor more than Five ($5.00) Dollars and each day that a motor vehicle is allowed to remain in the above described area shall constitute a separate offense and further in lieu of non payment of a fine as provided above, the person operating the motor vehicle shall be imprisoned for a period of five (5) days.
Passed June 10, 1963.
On motion of Mr. Smith, seconded by Mr. Hayes, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE PROHIBITING PARKING ON A PORTION OF EAST LOOCKERMAN STREET EAST OF THE DUAL HIGHWAY U.S. RT. 13.
BE IT ORDAINED, by the Mayor and Council of the City of Dover; that from and after the passage of this ordinance it shall be unlawful:
1. For any person, firm, association or corporation to park or allow to be parked, any motor vehicle on the either side of East Loockerman Street, east of Dual Highway U.S. Rt. 13 for a distance of one hundred (100) feet from the intersection of the easterly right of way line of the aforesaid U.S. Rt. 13 and the Northerly right of way line of East Loockerman Street extended.
2. That the Police Department of the City of Dover shall be responsible for the placement of yellow curbing designating the no parking area provided herein.
4. Any person, firm, association or corporation violating the provisions of this ordinance shall be fined not less than Two ($2.00) Dollars nor more than Five ($5.00) Dollars and each day that a motor vehicle is allowed to remain in the above described area shall constitute a separate offense and further in lieu of non payment of a fine as provided above, the person operating the motor vehicle shall be imprisoned for a period of five (5) days.
Passed June 10, 1963.
On motion of Mr. Hill, seconded by Mr. Biggs, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE PROHIBITING PARKING ON STREETS IN EDGEHILL AND EDGEHILL ACRES.
WHEREAS, the City of Dover has recently annexed certain areas East of the former limits of the City of Dover designated as Edgehill and Edgehill Acres, and
WHEREAS, the streets in the aforementioned areas are of insufficient width to provide adequate parking for vehicles on both sides of the street in said areas.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council in Council Met that:
1. From and after the passage of this ordinance, it shall be unlawful for any person, firm, association or corporation to park or allow to be parked, any motor vehicle on the north side of East Loockerman, South Halsey Road, Maple and Edgehill Acres, and on the east side of Nimitz Road (to be paved), Spruance Road (to be paved), Mitschner Road, Halsey Road, Upland Avenue, Greenhill Avenue, Edgehill Acres, with the exception that motor vehicles may be parked on both sides of East Division Street.
2. That any person, firm, association or corporation parking or allowed to be parked, any vehicle on the aforementioned streets, shall be fined not less than One ($1.00) Dollar nor more than Five ($5.00) Dollars, and each day that the said vehicle remains parked on the aforementioned streets shall constitute a separate offense and the fine shall be imposed each day that the motor vehicle is allowed to remain on the aforementioned streets.
3. The Police Department of the City of Dover shall have the responsibility and authority to enforce the provisions of this ordinance.
Passed June 10, 1963.
On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE REGULATING THE SPEED FOR MOTOR VEHICLES ON NEW BURTON ROAD.
WHEREAS, a portion of New Burton Road extending from North Street to a point beyond Wyoming Avenue has been recently incorporated within the city limits of the City of Dover, and
WHEREAS, the City of Dover in connection with the proper state highway officials have determined that certain portions of New Burton Road should be regulated as to the speed of motor vehicles operated on said road, and
WHEREAS, it is necessary under the laws of the State of Delaware to make specific provisions for the installation of traffic control, signs by the City of Dover.
NOW, THEREFORE, BY IT ORDAINED by the Mayor and Council in Council met that:
1. From and after the passage of this ordinance the speed limit on New Burton Road from North Street to the south side of the Eastern States Farm Exchange property shall be 25 miles per hour.
2. That from and after the passage of this ordinance the speed limits on New Burton Road from North Street to the south side of the Eastern States Farm Exchange to the intersection of New Burton Road and Wyoming Avenue shall be 35 miles per hour.
3. That from and after the passage of this ordinance the speed limits on New Burton Road from Wyoming Avenue to the southwesterly limits of the City of Dover shall be 45 miles per hour.
4. That the Police Department of the City of Dover shall be responsible or the placement and installation of traffic control signs designating the speed limits as provided in Section 1, 2 and 3 of this ordinance.
5. That the Police Department of the City of Dover shall be responsible for the enforcement of the speed limits as provided herein and shall use whatever lawful and legal devices which they are empowered to use for said enforcement.
6. Any person, firm, association or corporation violating any of the provisions of this ordinance shall be fined or imprisoned in the same manner as presently provided for in ordinances of the city of Dover regulating speed.
Passed June 10, 1963.
TEMPORARY ROAD
Council authorized surface treatment of the temporary road located between Forest Street and the Hazlettville Road.
Council adjourned at 10:55 P.M.
F. P. Neylan
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of June 10, 1963 are hereby approved.
June 12, 1963 Crawford J. Carroll Mayor