REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 11, 1988 at 7:30 p.m. with Mayor Richter presiding. Members present were Councilmen Daisey, Legates, Lynn, Christiansen, Levitt, Weyandt and VanSant. Councilman Hall was absent.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Bartolotta, Mr. Saxton, Ms. Bittner and Mr. Rodriguez.
The invocation was given by the Reverend J. H. Williams, Council Chaplain, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mayor Richter requested the addition of a Resolution for Col. Richard B. Harper, Jr.
The agenda was approved as amended by motion of Mrs. Legates, seconded by Mr. Weyandt and unanimously carried.
PROCLAMATION - FIRST STATE GAMES
The City Clerk read into the record the following Proclamation:
WHEREAS, participation in organized athletics helps to build character and teaches a wholesome sense of fair play and good sportsmanship; and
WHEREAS, thirty-five states have created a State Games program, endorsed by the United Stated Olympic Committee, in which amateur athletes can compete against one another; and
WHEREAS, in February of this year, Governor Castle created the “First State Games” as an annual sports festival for Delaware amateur athletes; and
WHEREAS, the newly organized “First State Games” is planning a sports festival for July 29-31, 1988 where participants will experience firsthand the excitement of a parade of athletes, an opening ceremonies, a torch run, awards ceremonies, and the pageantry of a multi-sport event; and
WHEREAS, to kick off the events, a torch run will be held from Dover to Newark on Friday, July 29, 1988.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, do hereby proclaim July 29, 1988 as FIRST GAMES DAY in support of a sports festival for Delaware amateur athletes and urge the residents of Dover to participate in the planned events.
PROCLAMATION - DOVER HIGH SCHOOL CLASS OF 1948 DAY
The City Clerk read into the record the following Proclamation:
WHEREAS, graduates of Dover High School constantly achieve many honors in myriad personal endeavors which encompass the entire spectrum of effort from Abacist to Zymurgy; and
WHEREAS, the City of Dover continues to reflect with much pride upon Dover High School and the graduates therefrom who, from time to time, return to Dover for a short period of reunion, camaraderie, reflection and fun; and
WHEREAS, the Dover High School Class of 1948 (a vintage year) will gather in the City of Dover on July 22 and 23, 1988 to celebrate their 40th Class Reunion.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim July 23, 1988, as “Dover High School Class of 1948 Day”, not only in recognition of this 40 year reunion, but also their continuing determination to such a pilgrimage every five years since graduation in 1948.
CANOE JOUSTING - SNOW HILL, MARYLAND
Mayor Richter reminded members of Council that the town of Snow Hill, Maryland has challenged City of Dover Council members to a canoe jousting on August 14, 1988. Mayor Richter and Mr. VanSant have volunteered to serve on the City’s team and one other team member is necessary.
RESOLUTION - COL. RICHARD B. HARPER, JR.
By motion of Mr. VanSant, seconded by Mr. Lynn, Council unanimously adopted the following Resolution:
WHEREAS, Col. Richard B. Harper, Jr., will retire from the United States Air Force after more than 27 years of dedicated service to his country; and
WHEREAS, the citizens of Dover gratefully acknowledge that we live in freedom because of the many sacrifices by the valiant service men and women in the armed forces; and
WHEREAS, Col. Harper, Commander of the 436th Air Base Group, has been stationed in Dover, Delaware for over 12 years, and is often referred to as “the Mayor of the Dover Air Force Base” due to the vast responsibilities under his charge; and
WHEREAS, the City of Dover has watched Dover Air Force Base grow over the years and has been very fortunate to be a part of this growth which has contributed greatly to our City as well as to our Country; and
WHEREAS, Col. Richard B. Harper, Jr. has played a tremendous opart in the cooperative relationship shared by the City of Dover and Dover Air Force Base and through his efforts at work and in the community, he has made Dover a better place for eveyone.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their sincere gratitude and convey their deepest respect to Col. Richard B. Harper, Jr. for the many years of dedicated service to his Country and the Dover community.
2. The Mayor and Council wish Col. Harper and his family success in all future endeavors and that his retirement is enhanced with good health and happiness.
3. The Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in expression of their appreciation for the contribution to our community by Col. Richard B. Harper, Jr.
ADOPTED: July 11, 1988
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 13, 1988
The Minutes of the Regular Council Meeting of June 27, 1988 were unanimously approved by motion of Mr. Christiansen , seconded by Mr. Lynn and bore the written approval of Mayor Richter.
PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON INDEPENDENCE BOULEVARD - FRANK ROBINO, INC.
A public hearing was duly advertised for this time and place to consider the rezoning of property located on Independence Boulevard, owned by Frank Robino, Inc.
Planner’s Review
Mr. Walter Saxton, representing the City Planner, stating that that equitable owner is Walter J. Ellis. The request was made for the purpose of constructing a real estate office. The Planning Commission unanimously recommended approval of the request to rezone the property from RG-2 to RG-0, in accordance with D. A. C. comments. It was felt by the Planning Commission that the RG-0 zoning classification represents an opportunity to develop this parcel in a manner which offers a greater regard to the existing character and recent development history of the area. The Comprehensive Plan recommends that this area be utilized as medium density residential land use.
Correspondence
The City Clerk reported that no correspondence was received on the proposed rezoning.
Public Hearing
Mayor Richter declared the hearing open.
Mr. Tom Burns was present representing the owner, Frank Rodino, Inc. He informed Council that the equitable owner, Mr. Walt Ellis, intends to build a branch real estate office on the property.
Mr. Weyandt expressed his feelings that rezoning the property as requested would be considered spot zoning since there are no other parcels in the vicinity zoned RG-0.
Mr. Burns reminded members of Council that many properties along Route #8 were recently annexed into the City at various commercial zoning categories. He explained that the parcel in question is located on the corner of Independence Boulevard and Route #8. Although there are residential homes to the south of the property, there are many properties along Route #8 that maintain commerical zoning categories. The property immediately to the west of the Robino property is zoned C-1A and the property immediately east is an insurance office with a County zoning of BN. The property directly across the street is zoned RG-0 and the adjacent shopping center is zoned SC-2. It was the owner’s feeling that the requested zoning of RG-0 would be more restrictive than the zoning of many of the surrounding properties.
Mr. VanSant stated that some residents of Bicentennial Village have expressed concern about the requesting rezoning. The residents purchased their homes based upon the area as it existed and was orginially zoned. They object to a change in the intended use of the land and feel that the requested zoning would create a precedent for spot zoning.
Mr. Levitt and Mr. Daisey reminded members of Council that no correspondence was received in opposition to the rezoning request.
Mr. Burns alluded to the recent widening of Route #8, stating that this roadway will be a major five lane route. The parcel of land that is proposed for rezoning is located at the intersection and the lot will no longer be suitable for a single family home. He felt that the proposed use will be compatible with the residential homes as well as with the commercial establishments on Route #8.
Mr. Saxton stated that the requested zoning of RG-0 is conductive to the adjacent residential homes since it is a zoning classification for residential and office use.
Mayor Richter declared the hearing closed.
Mr. Weyandt moved that the request for rezoning be denied, seconded by Mr. VanSant. Mr. Weyandt stated that his motion for denial is based upon his feeling that it would be spot zoning and would create a president for future requests for spot zoning. Further, the proposed zoning would not be conducive with the surrounding residential neighborhood. He cautioned Council about setting a precedent that will affect the future of the City.
Mr. VanSant stated that Council must allow for stability in zoning for the benefit of citizens that buy property based on the zoning of adjacent properties.
Mr. Christiansen felt no danger of setting a precedent unless the identical circumstances occur in another situation. With the widening of Route #8, the character of the property has changed from when it was originally zoned, and the owners will be deprived of the use of the property if the zoning cannot be changed.
Responding to a question by Mrs. Legates, Mr. Rodriguez stated his opinion that the requested zoning category of RG-0 is a residential zoning and would not be spot zoning.
Mr. Levitt called for the question on the motion for denial of the rezoning request. By a roll call vote of five (5) no, two (2) yes (Mr. Weyandt and Mr. VanSant), with Mr. Hall absent, the motion failed.
Mrs. Legates moved to approve the rezoning request as recommended by the Planning Commission, seconded by Mr. Levitt. By a roll call vote of five (5) yes, two (2) no (Mr. Weyandt and Mr VanSant), with Mr. Hall absent, the following ordinance was approved:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON INDEPENDENCE BOULEVARD.
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 of property described below from RG-2 to RG-0.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR ND 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 has been amended by changing the zoning designation from RG-2 to RG-0 on that property located on Independence Boulevard, owned by Frank Robino Associates, Inc.
ADOPTED: July 11, 1988
PUBLIC HEARING - REZONING OF LAND LOCATED AT 34 RIDGELY STREET - TREPPER DEVELOPMENT COMPANY
A public hearing was duly advertised for this time and place to consider the rezoning of property located at 34 Ridgley Street, owned by Trepper Development Company
Planner’s Review
Mr. Walter Saxton, representing the City Planner, stated that the Planning Commission unanimously voted to recommend that the property be rezoned from C-3 to M (manufacturing), in accordance with the D. A. C. Comments. The Comprehensive Plan recommends that this area be utilized for manufacturing and industrial uses.
Correspondence
The City Clerk reported that no correspondence was received on the proposed rezoning.
Public Hearing
Mayor Richter declared the hearing open.
Mr. Charles E. Cooper of 627 W. Division Street addressed Council relative to the rezoning request and stated that he is also representing Reverend Brooks and Mr. & Mrs. INgram of Fulton Street. In answer to questions by Mr. Cooper on the building, Mayor Richter explained that Site Plan approval will be considered by the Planning Commission at a later date, if rezoning is approved. Mr. Saxton stated that the equitable owner is P. V. C. Window Components, Inc. who will use the facility for the purpose of manufacturing windows.
Mr. Cooper stated that he and his neighbors have been plagued in the past with excessive truck traffic and loud noises from previous businesses. He suggested that there must be insufficient bathroom facilities for employees since he has observed employees urinating in public. The excessive traffic is dangerous for children walking from a nearby elementary school. He requested that Council be cognizant of the fact that there are residential homeowners living in close proximity to the business and requested that the rezoning request be denied.
Regarding the question on noise levels, Mr. Saxton stated that certain performance standards must be met and that noise cannot be disruptive to the existing neighborhood. Mr. VanSant stated that the State of Delaware also has restriction relative to the level of permitted noise.
Responding to Mr. Christiansen’s question, Mr. Saxton stated that the present zoning of C-3 is a very permissive zoning category. Manufacturing is permitted in the C-3 in the C-3 zone, however, the business would be limited to no more than 25 employees. P. V. C. Window Components, Inc. intend to employ more than 25 persons, requiring a zoning change to M (manufacturing). Mr. Saxton assured Mr. Cooper that adequate sanitation facilities would be required by the Planning Commission at the time of Site Plan review.
Mr. Jeff Alexander was present representing Trepper Development, Inc., stating that he will be managing the plant for P. V. C. They intend to employ 40 to 45 employees, maintaining two shifts. Mr. Alexander stated that the loudest noise emitted from their operation would be made by the air compressor which will be closed in since all production will take place inside the building. He did not feel that the neighbors would endure excessive noise from their operation. There will be very light truck traffic. He assured Council that there will be adequate restroom facilities for their employees.
Mr. VanSant suggested that Mr. Alexander discuss his plans with adjacent neighbors in an attempt to allay their concerns.
Mayor Richter declared the hearing closed.
Mr. Daisey stated that he has no problem with the proposed operation by P. V. C., but expressed concern with the other types of businesses that could operate under the M (manufacturing) zoning classification.
Mr. VanSant moved for approval of the rezoning request in accordance with review and recommendation of the Planning Commission, seconded by Mrs. Legates. By a roll call vote of five (5) yes, two (2) no (Mr. Daisey and Mr. Christiansen), with Mr. Hall absent, Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 34 RIDGELY STREET.
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 of property described below from C-3 to M.
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 has been amended by changing the zoning designation from C-3 to M on that property located at 34 Ridgely Street, owned by Trepper Development.
ADOPTED: July 11, 1988
Mayor Richter assured Mr. Cooper that City staff will continue to monitor the problems brought before Council and invited him to call the City whenever necessary.
LIBERTY CENTER - PROGRESS REPORT
Members of Council were supplied with copies of the State of Delaware Bond Bill language relative to the Liberty Center proposal. Mayor Richter informed Council that the Governor has signed the Bond Bill into law which authorizes $1,400,000 to be utilized towards a civic center as specified in the Bill. Under the new law, the Mayor will appoint a member to a Five Member Citizens Committee. A joint announcement of the committee will be made by the Governor, the City and the Country.
REZONING REQUEST - PROPERTY LOCATED ON THE EAST SIDE OF MIFFLIN ROAD - VILLAGE BUILDERS, INC.
A request was received to rezone property located on east side of Mifflin Road, known as the Deerfeild Subdivision. The parcel contains approximately 3.85 acres and is owned by Village Builders, Inc.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. VanSant, seconded by Mrs. Legates, Council unanimously referred the request to the Planning Commission and adopted the following resolution:
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON APROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located on Mifflin Road (Deerfield Subdivision) are presently zoned for R-10 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of 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 in City Hall on September 12, 1988 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-10 to R-8 that property located on Mifflin Road (Deerfield Subdivision), owned by Village Builders, Inc.
2. That notice of public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: July 11, 1988
REZONING REQUEST - PROPERTY LOCATED ON THE WESTERLY SIDE OF ROUTE #13 - WILLIAM RAYNOR
A request was received to rezone property located on the westerly side of Route #13, approximately 405' south of River Road, owned by William Raynor.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. VanSant, seconded by Mrs. Legates, Council unanimously referred the request to the Planning Commission and adopted the following resolution:
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located on the westerly side of U.S. Route #13 are presently zoned for C-4 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of 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 in City Hall on September 12, 1988 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from C-4 to C-2A that property located on the westerly side of U.S. Route #13, owned by William Raynor.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: July 11, 1988
REZONING REQUEST - PROPERTY LOCATED AT 21 N. STATE STREET
A request was received to rezone property located at 21 N. State Street, owned by Sara E. Hunn.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mrs. Legates, seconded by Mr. VanSant, Council unanimously referred the request to the Planning Commission and adopted the following resolution:
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located at 21 N. State Street are presently zoned for RG-1 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of 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 in City Hall on September 12, 1988 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to C-2A that property located at 21 N. State Street, owned by Sara E. Hunn.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: July 11, 1988
CORRESPONDENCE
Petition for Annexation - Properties Along Whiteoak Road
A petition was received from residents along Whiteoak Road requesting annexation of their property into the City of Dover.
Mr. VanSant moved for referral to the Utility Committee and the Planning Commission, seconded by Mr. Lynn and unanimously carried.
Petition - Light Standards - Pennsylvania Avenue
A petition was received expressing dissatisfaction with the light standards that are being erected on Pennsylvania Avenue.
Mr. VanSant moved for referral to the Utility Committee, seconded by Mr. Levitt and unanimously carried.
Blue Spruce Trees at Bradford Street and Governors Avenue - Virginia Russell
A letter was received from Virginia E. Russell of 645 N. Governors Avenue relative to blue spruce trees on her property at the intersection of Bradford Street and Governors Avenue. She was informed by City staff that limbs from the trees impede pedestrian access to the sidewalk. Mrs. Russell requests that the City withhold from cutting the trees until representatives can further inspect and evaluate them.
Mr. VanSant moved for referral to the Utility Committee, seconded by Mrs. Legates and unanimously carried.
Mr. VanSant moved for adjournment of the Regular Council Meeting, seconded by Mr. Christiansen and unanimously carried.
Meeting Adjourned at 8:35 P.M.
OPEN FORUM - 15 MINUTE SEGMENT
City of Dover Electric Service
Ms. Ruth Tee addressed Council relative to a recent electric outage in the Whiteoak Road area. She stated that her neighbor is 101 years old and is bedridden. The recent electric outage left this individual without air conditioning for several hours. Ms. Tee requested that she and her neighbor be taken off the line that serves them or that an emergency generator be installed.
Meeting Adjourned at 8:40 p.m.
DEBRAH J. BITTNER
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of June 27, 1988, are hereby approved.
JOHN E. RICHTER
MAYOR