REGULAR MEETING
April 12, 1971
The regular meeting of City Council was held on Monday, April 12, 1971 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Coyle, Hayes, Holmes, Holpp, Legates, Muir and Walls.
The invocation was said by the Rev. C. W. Adams of the Southern Baptist Church.
MINUTES
The minutes of the regular meeting of City Council held on March 22, 1971 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police report for the month of March was accepted.
Building Inspector & Fire Marshal report for the month of March was accepted.
City Planner report for the month of March was accepted.
Alderman report for the month of March was accepted. Fines in the amount of $529.00 were remitted.
J. P. Court #7 report for the month of March was accepted. Fines in the amount of $9,590.43 were remitted.
Budget Report, General Fund, for the month of February was accepted.
Cash Receipts, General Fund, for the month of March were accepted.
Cash Receipts, Electric Revenue Fund, for the month of March were accepted.
Cash Receipts, Electric Improvement Fund, for the month of March were accepted.
City Manager report for the month of March was accepted.
SPECIAL MEETING
Bids will be received for the piling work to be done in connection with the construction of the #3 Unit at McKee Run. These bids will be received on April 14, 1971. Due to the urgency of the work City Manager Neylan has requested that a special meeting be held to award the contract on this work. On motion of Mr. Legates, seconded by Mr. Muir, Council directed that a special meeting be held at 6:00 A.M. on Thursday, April 15, 1971, Messrs Coyle and Holpp voting ‘No’.
HINKLE BUILDING
A price of $4800 for the demolition of the Hinkle Building was received from the Swaim Construction Company of Lincoln, Delaware. City Manager Neylan stated that he has sent an agreement to them to be signed outlining the requirements of the removal of this building. The City will furnish a portion of the insurance at a cost of approximately $300. On motion of Mr. Muir, seconded by Mr. Holpp, Council directed that the City Manager be authorized to enter into an agreement with Swain Construction Company upon receipt of such a signed agreement from them and that all terms are agreeable to the City of Dover.
TAX APPEALS
A public hearing was duly advertised for this time and place for the purpose of hearing tax appeals. Chairman Hayes of the Tax Appeals Committee gave a report of the hearings held on April 5 and April 12, with the recommendations of the Committee as follows:
Marvin L. & Doris H. Kohn - 28 Loockerman Street - assessment be reduced from $30,200 to $27,200
Mrs. Damante Nicholas Estate - 218 Loockerman Street - assessment remain at $42,200.
Lily M. Larkin - Lot South Bradford Street - assessment be reduced from $10,000 to $7,500.
Blue Chip Properties, Inc. 117-119 Loockerman Street - assessment remain at $47,600.
Fox Hall Plantation - Kenton Road - assessment remain at $108,700.
A.B.C. Inc. - Wedgewood Apartments - assessment remain at $840,300.
A public hearing was duly advertised for this time and date, Mayor Carroll declared the hearing opened. Mr. Marvin Kohn was present and spoke on behalf of the appeal on his property located at 28 Loockerman Street. Mr. William Hudson was present and spoke on behalf of the appeal of the assessment on the Wedgewood Apartments, whom he was representing. No one else was present to speak for or against the tax appeals. Mayor Carroll then declared the hearing closed.
By action of Council, the following recommendations of the Tax Appeals Committee were approved as follows:
On motion of Mr. Holpp, seconded by Mr. Holmes, Council by unanimous roll call vote reduced the assessment of Marvin Kohn - 28 Loockerman Street - from $30,200 to $27,200.
On motion of Mr. Coyle, seconded by Mr. Muir, Council by unanimous roll call vote reduced the assessment of Mrs. Demante Nicholas Estate - 218-220 Loockerman Street - remain the same.
On motion of Mr. Walls, seconded by Mr. Coyle, Council by unanimous roll call vote reduced the assessment of Lily Larkin - Lot South Bradford Street - from $10,000 to $7,500.
On motion of Mr. Coyle, seconded by Mr. Biggs, Council by unanimous roll call vote reduced the assessment of Blue Chip Properties, Inc. - 117-119 Loockerman Street - remain the same.
On motion of Mr. Walls, seconded by Mr. Coyle, Council by unanimous roll call vote reduced the assessment of Fox Hall Plantation - Kenton Road - remain the same.
On motion of Mr. Coyle, seconded by Mr. Muir, Council by unanimous roll call vote reduced the assessment of ABC, Inc. - Wedgewood Apartments - remain the same.
TAX RATE
On motion of Mr. Hayes, seconded by Mr. Biggs, Council by a unanimous roll call vote, set the tax rate for the year of 1971 at 90¢ per $100 of assessed valuation.
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee meeting held on April 5, 1971 was presented by Chairman Walls. On motion of Mr. Hayes, seconded by Mr. Coyle, Council accepted the report as it was presented.
NEW BURTON ROAD SPEED LIMITS
A request has been received through the State Highway Department for the City to consider the raising of speed limits on New Burton Road. The Highway requested speed limits of 45 MPH from Holly Drive to Waples Avenue and 35MPH from Waples Avenue to Water Street. This would increase the speed limits by 10 MPH in both sections. The Safety Advisory Committee has recommended that the City go along with the request of the Highway Department. On motion of Mr. Hayes, seconded by Mr. Holpp, Council by unanimous vote directed that the Highway Department be notified of the City’s acceptance of their recommendation, and that they should raise these speed limits.
ORDINANCE CHANGES
A recommendation has been received from the Safety Advisory Committee to make changes in a Truck Loading Zone at New and Water Streets, to provide two hour parking on the south side of the Plaza between Federal Street and Legislative Avenue, and a change in the Weapons Ordinance. Ordinances will be drawn and presented to Council for their consideration on these changes. On motion of Mr. Hayes, seconded by Mr. Holpp, Council approved the recommendation of the Safety Committee and directed that such ordinances be drawn.
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playgrounds & Trees Committee was presented by Chairman Walls of a meeting held on April 5, 1971. On motion of Mr. Hayes, seconded by Mr. Legates, Council accepted the report as presented.
SILVER LAKE CONCESSION
The Parks, Playgrounds & Trees Committee has recommended that a contract be entered into with Mr. Arno Friedline, Jr. for the operation of the concession stand at the Silver Lake swimming area for the 1971 season. Mr. Friedline operated this stand last season and did an excellent job. On motion of Mr. Hayes, seconded by Mr. Muir, Council by unanimous vote approved the signing of a contract with Mr. Arno Friedline, Jr. for the operation of the concessions stand at Silver Lake, with a fee of $75 to be forwarded to the City for this contract.
UTILITY COMMITTEE
A written report of the Utility Committee meeting held on March 23, 1971 was presented by Chairman Holpp. On motion of Mr. Walls, seconded by Mr. Biggs, Council accepted the report as presented.
GAS LINE EASEMENT
The Eastern Shore Natural Gas Company has requested permission for a permanent easement to construct a 10", 500 pound pressure natural gas main through the City of Dover by way of Saulsbury Road, North Street and New Burton Road. The City discussed with the Gas Company the installation of manual valves or solenoid valves. On motion of Mr. Hayes, seconded by Mr. Coyle, Council by unanimous roll call vote approved the granting of an easement to the Eastern Shore Natural Gas Company for the construction of a 10" gas main through Dover, provided solenoid valves be installed at each end of the line within the City unless the gas company demonstrates to the Building Inspector and Fire Marshal that the use of such valves is not feasible.
CHANNELIZATION TRAFFIC AT STATE & WYOMING
The State Highway Department is in the process of channelizing traffic at the intersection of State Street and Wyoming Avenue. A portion of this project has been completed, and they are asking the help of the City in painting the traffic lanes for the northbound traffic on State Street. On motion of Mr. Legates, seconded by Mr. Holpp, Council authorized the City to cooperate with the Highway Department in channelizing this intersection and at the same time directed the City Manager to request the Highway Department to install curbing on the east side of State Street in the vicinity of this intersection in order that sidewalks maybe installed in the future, to accommodate the foot traffic in this area.
CURB & GUTTER HEARING
A recommendation has been received to install curb and gutters on a portion of both West Street and Bank Lane. On motion of Mr. Coyle, seconded by Mr. Legates, Council adopted the following resolution setting a public hearing.
A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER THE INSTALLATION OF CURB AND GUTTER ON BOTH SIDES OF WEST STREET FROM WILLIAM STREET TO CLARA STREET AND BOTH SIDES OF BANK LANE FROM GOVERNORS AVENUE TO NEW STREET.
WHEREAS, The City Council of the City of Dover is considering the installation of concrete curb and gutter on both sides of West Street between William Street and Clara Street and on both sides of Bank Lane from Governors Avenue to New Street 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 time 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 of City Hall at 8:05 P.M. on April 26, 1971 on the question of installation of concrete curb and gutters on both sides of West Street from William Street to Clara Street and on both sides of Bank Lane From Governors Avenue to New Street and assessing the cost thereof to the property owners.
2. The following named person or persons are the owners or the purported owners of the properties in front of which the concrete curb and gutter will be installed:
Bessie R. Wilhelm Dover Trucking Company
William J. Meredith State of Delaware
Virginia A. Pleasanton City of Dover Wesley College
Fannie Clayville H. Marshal Estate
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 12, 1971
SIDEWALK HEARING
A recommendation has been received to install sidewalks in certain areas of the City of Dover where sidewalks are now lacking. On motion of Mr. Coyle, seconded by Mr. Legates, Council adopted the following resolution setting a public hearing.
A RESOLUTION SETTING FORTH A PUBLIC HEARING PERTAINING TO INSTALLATION OF SIDEWALKS IN CERTAIN AREAS OF THE CITY OF DOVER
WHEREAS, certain sections of the City of Dover are without sidewalks, and
WHEREAS, the conditions of particular streets within the City require that sidewalks be installed for the safety, convenience and public welfare of the citizens of the City of Dover, and
WHEREAS, the Mayor and Council of the City of Dover are deliberating the feasibility of a comprehensive sidewalk installation program for the City of Dover.
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 on Monday, April 26, 1971 at 8:10 P.M. in the Council Chambers of the City Hall to consider the installation of sidewalks along the streets in the section of the City of Dover bounded by Division Street, Governors Avenue, William Street and the Railroad; and on the west side of Kings Highway, Pennsylvania Avenue and American Avenue between Loockerman Street and Division Street, where curbing is already installed and assessing the cost thereof to property owners concerned.
2. That notice of the public hearing be given in at least one newspaper published in the City of Dover.
ADOPTED APRIL 12, 1971
EISENBREY REZONING
A request has been received from Mrs. Evelyn S. Eisenbrey to rezone a parcel of land she owns located on the northwest corner of Cecil and Queen Streets. A public hearing is required prior to amending the zoning ordinance and map. On motion of Mr. Coyle, seconded by Mr. Walls, 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 northwest corner of Cecil and Queen Streets is presently zoned for RG-1 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 May 10, 1971 at 8:00 P.M. on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from RG-1 to C-2 that property located on the northwest corner of Cecil and Queen Streets, owned by Mrs. Evelyn S. Eisenbrey and containing approximately 0.47 acres.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED APRIL 12, 1971
DELAWARE STATE NEWS REZONING
A request has been received from the Delaware State News to rezone a parcel of land they own located on the east side of Garton Road, Lots 13, 14, 15, 16 & 17. A public hearing is required prior to amending the zoning ordinance and 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 on the east side of Garton Road, Lots 13, 14, 15, 16 & 17, are 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 May 10, 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 C-3 that property located on the east side of Garton Road, Lots 13, 14, 15, 16 & 17, owned by the Delaware State News (Independent Newspapers, Inc.) and containing approximately 37,500 square feet.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED APRIL 12, 1971
FUEL ADJUSTMENT CLAUSE
A recommendation has been made by the Utility Committee to change the method of calculating the fuel adjustment from and annual basis to a monthly basis. On motion of Mr. Walls, seconded by Mr. Hayes, Council by a unanimous roll call vote adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Electric Rate Schedule Regulations, on file in the office of the City Clerk, be amended as follows:
“Fuel Adjustment Clause”
When the monthly cost of fuel to Dover’s System at McKee Run is 1.5¢ or more above or below 35.0¢ per million BTU, then for each whole 0.5¢ variation above or below 35.0¢ per million BTU, the energy charges shall be adjusted upward or downward accordingly at the rate of 0.0055¢ per kilowatt hour. Fuel adjustment already applying to large customers under special contract shall remain in effect until energy to such customers is supplied from McKee Run.
The adjustment to be used each month beginning July 1, 1971 and each succeeding month, will be based upon the fuel cost determined for the month occurring the second month prior to the date of billing.
ADOPTED APRIL 12, 1971
WAREHOUSE BIDS
Bids were received on the proposed construction of a new warehouse facility on April 8, 1971. The bids were evaluated and presented to Council at this time by Mr. Calvin Clendaniel, Architect. The low bid was that of John L. Briggs of Georgetown, Delaware at $396,350. A total of $350,000 is available in the 1970 Bond Fund for this construction. An attempt was made by Mr. Clendaniel and Mr. Neylan to subtract some of the alternates and bring the price within the range of money available. On motion of Mr. Hayes, seconded by Mr. Legates, Council tabled the award of this contract and referred this to the Committee of Committees for their study and recommendation.
BUREAU OF TRAVEL DEVELOPMENT
A request has been received from the State Bureau of Travel Development asking permission to use a portion of the booklet “Dover-the first two hundred and fifty years” in a new brochure entitled the “Dover Heritage Trail” which they are preparing. This booklet, “Dover-the first two hundred and fifty years” was copyrighted by the City of Dover in 1967. On motion of Mr. Legates, seconded by Mr. Coyle, Council granted permission for use of portions of the abovementioned booklet as requested by the Bureau of Travel Development.
WESLEY COLLEGE - WEST STREET
Wesley College has agreed to deed a certain portion of their athletic field to the City of Dover which would permit the City to extend West Street from Clara to William Streets. The College has recommended that in consideration of the previous cooperation of the City and the College, this land be deeded for a sum on money not to exceed $1.00. On motion of Mr. Coyle, seconded by Mr. Biggs, Council accepted the offer of Wesley College and directed the City Solicitor to prepare the necessary papers.
RODNEY VILLAGE BOWLING ALLEY
A request has been received from the Astroline Corp., the rebuilders of the Rodney Village Bowling Lanes, for permission to tie into the sewer and water services located in that area. On motion of mr. Legates, seconded by Mr. Walls, Council referred this request to the Utility Committee for their study and recommendations.
ANNEXATION REQUESTS
Requests were received from Mr. Henry Heller, 1310 Forest Street, and the Cedar Development Corporation to annex to the City of Dover land which they own. Mr. Heller’s property is located on Forest Street adjacent to the City limits and the Cedar Development Corporation’s land is located on Acorn Lane. On motion of Mr. walls, seconded by Mr. Legates, these requests were referred to the Utility Committee for their study and recommendation.
ROBINO-XLETE REZONING
A request has been received to rezone the properties owned by Mr. Frank Robino and the Xlete Corp. located on the east side of U.S. 13, northeast of The Beeches. A public hearing is required prior to amending the zoning map and zoning ordinance. On motion of Mr. Coyle, seconded by Mr. Holpp, Council by unanimous vote adopted the following resolution and referred this 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 east of U.S. Route 13, northeast of The Beeches, is presently zoned for RG-2 and 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 May 10, 1971 at 8:10 P.M. on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from RG-2 and R-20 to I0 that property located east of U.S. Route 13, northeast of The Beeches, owned by Mr. Frank Robino and the Xlete Corporation, and containing approximately 35 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED APRIL 12, 1971
HURLEY AVENUE
A request has been received to abandon and vacate a 30' wide strip of land lying south of Water Street known as Hurley Avenue. On motion of Mr. Legates, seconded by Mr. Hayes, Council referred this request to the Safety Advisory Committee for their study and recommendation.
PARKLAND - NORTHWEST DOVER HEIGHTS
Mr. Sam Plevinsky, a developer, is contemplating the further development of the undeveloped lots remaining in Northwest Dover Heights. Prior to approval by the Planning Commission on a site plan, the Subdivision Regulations state that the Parks, Playgrounds & Trees Committee must first recommend approval of the area to be set aside by the developer for parkland, this area being upto 10% of the total acreage to be developed. The Parks Committee at its last meeting discussed this with the developer, and had made a tentative decision on approximately .45 acres. Upon presentation by the Committee of this recommendation, it was determined that Council does not have to act on this, that the recommendation of the Committee go straight to the Planning Commission. The Parks Committee will further study this request and make a recommendation to the Planning Commission.
LEBANON SUB-STATION
On Saturday evening, April 10, 1971 trouble developed in the Substation located on the Lebanon Road, causing damage to this facility. A passing Airman, T/Sgt. Carl E. Anson, discovered this trouble and notified the City of Dover immediately, which is felt prevented a complete loss of the substation, and possible great financial expense on our part. City Manager Neylan has recommended that T/Sgt. Anson be commended for his alert actions and so recommended that a Resolution be adopted commending him. On motion of Mr. Legates, seconded by Mr. Walls, Council by unanimous roll call vote adopted the following resolution.
RESOLUTION
WHEREAS, The City of Dover, Delaware owns and operates an electric system which generates and distributes electric power within the City and surrounding territory, and
WHEREAS, within the system is an electrical substation of 7500 KVA capacity located on the Lebanon Road adjacent to Base Housing of Dover Air Force Base, and
WHEREAS, on the evening of Saturday, April 10, 1971, trouble developed in the substation which resulted in an oil leak and overheating of the transformer, and
WHEREAS, Technical Sergeant Carl E. Anson, Civil Engineering Squadron, DAFB, residing at 1000F Circle Drive East, adjacent to the substation, heard cooling fans in operation and realized they were evidence of trouble, and
WHEREAS, Sergeant Anson tool the time and effort to promptly notify the City of Dover of his discovery this enabling the proper action to be taken to prevent complete loss of oil in the transformer and possibly great financial expense.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That Technical Sergeant Carl E. Anson is commended for his act which demonstrates a spirit of public concern worthy of public acknowledgment and is an example of the good neighbors who are most welcome in the community.
2. That Technical Sergeant Carl E. Anson be thanked with this resolution in appreciation for an act which undoubtedly saved the City of Dover from great financial loss.
3. That Technical Sergeant Carl E. Anson be presented with a copy of this resolution and that copies be furnished to his superior officers at Dover Air Force Base.
ADOPTED APRIL 12, 1971
PUBLIC TELEPHONES
Mayor Carroll stated that he had received complaints about the telephone located on the sidewalk on South Bradford Street adjacent to the Central Liquor Store. A discussion followed on whether these public telephones should be placed on the sidewalks and in the right-of-way of pedestrian traffic. On motion of Mr. Legates, seconded by Mr. Hayes, Council directed that any further requests for sidewalk public telephones should be submitted to Council for their approval, and that a survey be made of the present situation concerning these type telephones, such survey to be reported back to Council.
HURLEY PROPERTY
A request has been received from Mr. William Hurley, III to purchase from the City of Dover a parcel of land they own and adjacent to a house recently purchased from the William Hurley, Jr. Estate. The house on this property located at the corner of Governors Avenue and Bank Lane will be sold a public auction on Saturday, April 17, 1971. On motion of Mr. Legates, seconded by Mr. Hayes, Council tabled this request until such time as the results of the public auction will be submitted to Council.
COUNCIL ADJOURNED AT 10:25 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of April 12, 1971 are hereby approved.
APRIL 14, 1971 Crawford J. Carroll Mayor