REGULAR MEETING
February 13, 1984
The Regular Meeting of Council was held on February 13, 1984 at 7:30 p.m. with Mayor Carroll presiding. Those present were Messrs. Richter, Tudor, Boaman, Christiansen, Witt, Weyandt and Shevock. Mr. Hardcastle was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Richter requested an additional agenda item to discuss referendum by petition as a referral to the Legislative and Finance Committee.
Mayor Carroll requested additional agenda items, under correspondence, to recognize a letter from the Bible Way Temple Church of God in Christ, relating to a proposed liquor license application, for the Ritz Club, located on Kirkwood Street, and correspondence, from the Central Dover Business Association, concerning the closing of Loockerman Street for filming purposes.
Mayor Carroll also requested the addition of a Proclamation concerning the WKEN Heart Fund Radiothon.
The agenda was unanimously adopted as amended.
PROCLAMATION - ANNUAL WKEN HEART FUND RADIOTHON
Mayor Carroll submitted the following Proclamation:
WHEREAS, WKEN and a host of volunteers will join forces for the WKEN Heart Fund Radiothon in its 17th year; and
WHEREAS, the marathon programming, which benefits the American Heart Association, will take place at Johnathon’s Restaurant in Dover starting at 12:00 noon Saturday, February 18th through 12:00 noon Sunday, February 19th; and
WHEREAS, the American Heart Association is the only voluntary health agency whose sole mission is to reduce early death and disability from heart disease and stroke; and
WHEREAS, each year the Heart Fund has increased its goal, raising $15,000 last year.
NOW, THEREFORE, I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, hereby urge all the citizens of Dover to support this year’s WKEN Heart Fund Radiothon by calling 674-1111, between 12:00 noon February 18th to 12:00 noon February 19th, with your pledge. Contributions of time and money will help in the fight against heart disease and stoke.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 23, 1984
The minutes of the Regular Council Meeting of January 13, 1984 were unanimously approved by motion of Mr. Boaman, seconded by Mr. Christiansen and bore the written approval of Mayor Carroll.
PUBLIC HEARING - REZONING OF LAND ON SOUTHEAST CORNER OF MIFFLIN ROAD AND DELAWARE ROUTE #8 (HARTLY ROAD) - ROWE VON PLEASANTON ESTATES AND ROBERTA CARROLL, OWNERS
A public hearing was duly advertised for this time and place to consider rezoning land located on the southeast corner of Mifflin Road and Delaware Route #8 (Hartly Road) owned by the Rowe Von Pleasanton Estate ad Roberta Carroll.
Mr. Tudor moved to remove the rezoning from the table, seconded by Mr. Richter, and unanimously carried.
Mayor Carroll declared the hearing open.
Attorney Michael, Parkowski, representing the heirs of Ruth G. Pleasanton and Roberta Carroll, owners of the land involved in the proposed rezoning, stated his opinion of the existing confusion in what is involved in zoning and what is involved in site plan approval. It is therefore, important that the matter be placed in the proper perspective. He suggested that discussions center around the type of activities that would take place on the land as a result of the rezoning.
Mr. Parkowski explained that the application for rezoning involves 14.3 acres of land, and a portion of that acreage is proposed for commercial use with a depth of 400 feet off of Route #8. The remaining property is proposed for a zoning category of R-8 or residential. Mr. Parkowski explained that when annexed, the property came into the City with a zoning category of R-20. The original application requested an RM-2 zoning and C-4. After meetings attended by the developer, representatives of Mifflin Road and others, Mr. Harmon, the developer, compromised his original request asking for an R-8 zoning for the residential area and C-2A for the commercial, with the understanding that a convenience store proposed for the commercial portion would be permitted to install gas pumps as a conditional use.
In respect to the residential development of the land, it would be necessary to have an access road off Mifflin Road.
In regards to the commercial portion of the land, the developer plans to construct an elongated building on the eastern boundary of the property leaving enough footage to the rear for deliveries. The building itself, would face Mifflin Road with parking facilities between the building and the boundaries of Mifflin Road.
Referring to a proposal that a strip of land adjacent to Mifflin Road be left as a buffer, Mr. Parkowski stated that the land would be of no use as development for residential or commercial.
Mr. Parkowski submitted a map that outlined commercial development along Route #8 through County action. He pointed out that the land along Route #8 and in this area has been developed as business general and business neighborhood. He requested that the map be made a part of the official record of the proceedings.
Mr. Parkowski pointed out that the applicant, Mr. Harmon, has gone to extreme measures in an effort to satisfy the desires of residents living near the proposed property rezoning. He added that it is virtually impossible to resolve site plan matters at this point, as it involves too many people with too many ideas and objectives.
In closing, Mr. Parkowski stated that any further change in the proposed project other than what has been submitted by the developer would not be acceptable. Speaking to the esteem of Mr. Harmon, Mr. Parkowski felt that the residents of Mifflin Road could be a lot worse off if someone other than Mr. Harmon developed the property.
Questioned by Mr. Richter, Mr. Parkowski stated that the commercial construction would be on the eastern boundary line of the property on Route #8, facing Mifflin Road with a parking lot and some sort of screening adjacent to Mifflin Road. Alluding to some of the questions concerning the screening for Mifflin Road residents, and specific planning for the design of the entire project, Mr. Parkowski stated that some of the questions are premature at the zoning stage and could be construed as contractual zoning, which is illegal.
Attorney Roy Shiels, legal representative for the Mifflin Road Citizen Association, stated that residents of Mifflin Road have accepted a zoning change from RM-2 to R-8 and C-4 to C-2A, as a compromise with access off Mifflin Road to the commercial and residential area. However, the residents have requested that a 30' buffer between Mifflin Road and the C-2A zoning be zoned R-8. This would not only serve as a buffer but preserve the character and nature of the land. He felt that the proposed 30' strip along Mifflin Road would ease the confrontations that might develop at the time of site plan discussions.
Mr. Tudor pointed out that the proposed 30' strip of R-8 land would interfere with access to the commercial and residential property, and in essence would create a strip of parkland.
The City Solicitor interjected the fact that in zoning a strip of R-8 land along Mifflin Road, Council would be creating a non-conforming zoning category that could not be used for residential or commercial purposes.
Mr. Eric Frankl, of 44 Mifflin Road, spoke for the 30' wide strip along Mifflin Road that would assist in preserving existing pine trees across from his property.
Mr. Robert R. Owens spoke as a representative of the neighborhood association of Mifflin Road, thanking Council for their graciousness in cooperating with Mifflin Road residents. He stated that residents of Mifflin Road live in Dover and Kent County, and claim a residency in this location from two months to forty years. Existing lots on Mifflin Road are in the 25-28,000 square foot range. The proposed R-8 zoning and commercial use on Route #8 would change the character of the neighborhood.
Mr. Ray Stone, speaking as a representative of the residents of Mifflin Road, distributed pictures of the area pointing out the predominant residential development which surrounds commercial property. He stated his opposition to the R-8 zoning, but was willing to be conciliatory if a 30' strip of R-8 land is granted along Mifflin Road as a buffer. This he felt, would protect residents from commercial activity.
Ms. Helen Singleton, living on Route #8 adjacent to the proposed commercial development, expressed concerns of the placement of commercial facilities that might be detrimental to her property.
Mr. Dwight Myer, living approximately 200' from Route #8 on Mifflin Road, expressed concern for his two children in relation to the proposed commercial activity.
Mr. Johnathan Seda, of 251 Mifflin Road, requested that Council speak in behalf of the residents to grant the proposed 30' strip of land along Mifflin Road.
Mayor Carroll declared the hearing closed.
Questioned by Mr. Boaman, Mr. Parkowski stated that a 30' strip of land along Mifflin Road would probably be unacceptable by Mr. Harmon, the developer; but he was sure that Mr. Harmon would be very willing to sit down and talk to the residents of Mifflin Road concerning the development of a proper buffer as long as access to the commercial property along Mifflin Road is not one of the objections by residents.
Questioned by Mr. Richter, Mr. Roe stated that the zoning code requires some type of buffer between the commercial and residential land. He felt confident that the Planning Commission, during site plan approval, would cooperate with the residents of Mifflin Road knowing their concerns on this matter.
Mr. Tudor reminded those present that if the zoning was to be denied, it could not come before Council again for one (1) year. Alluding to the trust that Mifflin Road residents seem to have in Mr. Harmon, the developer, he would not like to see this delay take place. Since the property will be developed some time in the future; and with a one (1) year delay, probably will be developed by someone other than Mr. Harmon, Mr. Tudor felt that a decision between the residents and the developer is forthcoming. Therefore, he suggested one more meeting to allow time for a mutual agreement. This could be accomplished before the next Regular Council Meeting of February 27, 1984.
It was Mr. Weyandt’s opinion that if Council approved the zoning as suggested by the residents of Mifflin Road, alluding to the 30 foot strip of land, he did not feel that the developer could live with the proposal. If Council approved the application, as submitted, then the legislative body would not be taking into consideration some of the suggestions offered by the residents.
Mr. Tudor moved to table the final decision on the rezoning to afford an opportunity to the residents and the developer to finalize certain controversies in the rezoning. The motion was seconded by Mr. Weyandt, and carried with Mr. Christiansen and Mr. Shevock voting no.
PUBLIC HEARING - REZONING - 811 SOUTH BRADFORD STREET, LOTS 28 AND 30 - JUNE E. BRAVATA
A public hearing was duly advertised for this time and place to consider rezoning 811 South Bradford Street, Lots 28 and 30, owned by June E. Bravata.
Mayor Carroll declared the hearing open.
There was no one present to speak for or against the rezoning, and no correspondence. The Planning Commission unanimously recommended approval.
Mayor Carroll declared the hearing closed.
Mr. Christiansen moved for the approval of the rezoning, seconded by Mr. Richter.
Mr. Weyandt objected to the Planning Commission’s recommendation for the approval of the rezoning, citing the gradual encroachment of RG-0 zoning on South Bradford Street and South State Street. He felt that the building of professional offices in the area is causing older residents to move due to the traffic and turmoil caused by the facilities. In some cases, the older retired residents cannot afford the cost involved in new housing.
Mr. Witt suggested that it is time for the City of Dover to update their Comprehensive Plan due to the widespread development since the last update.
It was Mr. Tudor’s opinion that Council has set a precedent in zoning for professional buildings in the area of South Bradford and South State Street, therefore, it would be discriminatory to do otherwise for future requests.
Mr. Witt called for the question.
By roll call vote of four (4) yes, three (3) no (Mr. Richter, Mr. Christiansen and Mr. Weyandt), with Mr. Hardcastle 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 811 SOUTH BRADFORD STREET, LOTS 28 AND 30.
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-1 to RG-0.
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 RG-1 to RG-0 on that property located at 811 South Bradford Street, owned by June E. Bravata.
ADOPTED: FEBRUARY 13, 1984
ANNUAL REPORT - DEPARTMENT OF INSPECTIONS AND PLANNING
Mr. Weyandt congratulated Mr. Roe on the presentation of his Annual Report for the Department of Inspections and Planning.
Mr. Weyandt moved for approval of the report as submitted, seconded by Mr. Boaman and unanimously carried.
CHIEF OF POLICE - ANNUAL POLICE DEPARTMENT REPORT
Mr. Weyandt congratulated Chief Klenoski on the format of his Annual Report, specifically the inclusion of an organizational chart.
Mr. Boaman moved for approval of the report as submitted, seconded by Mr. Shevock and unanimously carried.
ROBBINS HOSE COMPANY - ANNUAL REPORT 1983
By motion of Mr. Boaman, seconded by Mr. Christiansen the Robbins Hose Company Annual Report for 1983 was unanimously approved.
REZONING REQUEST - PROPERTY LOCATED RT. #113 SOUTH OF KING’S CLIFFE MOBILE HOME PARK - RICHARD THOMAS T/A KING’S CLIFFE MOBILE HOME PARK
A request was received to rezone property located on Route #113, South of King’s Cliffe Mobile Home Park, owned by Richard Thomas, for the purpose of an outdoor auction and flea market.
Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Witt, seconded by Mr. Weyandt, Council by unanimous roll call vote (Mr. Hardcastle absent) 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 Route #113, South of King’s Cliffe Mobile Home Park are presently zoned for R-20 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 March 12, 1984 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to C-4 that property located on Route #113, south of King’s Cliffe Mobile Home Park, owned by Richard Thomas t/a King’s Cliffe Mobile Home Park.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: FEBRUARY 13, 1984
SET APPEALS HEARINGS - NON-COMPLIANCE OF DANGEROUS BUILDING ORDINANCE
Mr. Roe submitted a report on properties that have been posted as dangerous buildings and ordered as demolished or repaired. As provided in the Dangerous Building Act, the thirty days have expired as of February 9, 1984.
Mr. Richter moved that February 27, 1984, be set as a date to hear appeals from the following property owners and locations. The motion was seconded by Mr. Boaman and unanimously carried.
Charles B. Murray - 14 South Queen Street
Cecie P. Henry - 123 South Queen Street
John Trifillis Estate - 37 North Queen Street
Della M. Scott Estate - 120 North Queen Street
Aleck J. Taylor - 319 West Loockerman Street
John Trifillis Estate - 409-411 West Loockerman Street
John Trifillis Estate - 420 West Loockerman Street
Lizzie Williams - 61 South Kirkwood Street
Regina Mae Fairley - 123 South Kirkwood Street
Rev. Clifton V. Holmes - 17 South Slaughter Street
John Trifillis Estate - 108 South New Street
CORRESPONDENCE
Alcoholic Beverage Control Commission - Notice of Request for initial form to apply for liquor license - Ritz Club - Kirkwood Street
A letter was received from the Delaware Alcoholic Beverage Control Commission, signed by Mary Ann D. Heesters, Deputy Executive Secretary, advising of a request from the Ritz II Nightclub for initial forms to apply for a liquor license. Until filed, the commission does not know if the application will be for a taproom or restaurant license. A legal protest would require 10 signatures within 10 days from the date the application is received.
A letter from the Bible Way Temple Church of God in Christ Church, Raymond Warren, Chairman of Trustees, reiterated the Church’s concern that a liquor license might be granted to the Ritz Club, citing inadequate parking, congestion, littering, offensive language and noise that may develop due to this type of business.
Mr. Christiansen moved that the letter from the Bible Way Temple Church of God in Christ be acknowledged, seconded by Mr. Weyandt and unanimously carried.
Mr. Weyandt moved that the letter from the Alcoholic Beverage Control Commission be acknowledged and that the City Clerk keep abreast of the developments on the liquor license application for the Ritz Club, notifying Council of same. The motion was seconded by Mr. Christiansen and unanimously carried.
CENTRAL DOVER BUSINESS ASSOCIATION - ROBERT M. BERGLUND, PRESIDENT - BLOCKING OFF OF LOOCKERMAN STREET ON FEBRUARY 14, 1984
A letter was received from Mr. Robert M. Berglund, President of the Central Dover Business Association, requesting that Loockerman Street not be blocked off on February 14, 1984, for the purpose of filming a docu-drama on Social Security, since it is an important retailing day for Valentine shoppers.
A second letter dated February 11, 1984, requested that the original letter be withdrawn since the filming has been rescheduled for shooting after February 14, 1984.
Mr. Weyandt moved for acknowledgment of the letter, seconded by Mr. Shevock and unanimously carried.
Sgt. Bates, Public Information Officer for the City of Dover Police Department, advised Council that a meeting was held with the C.L.I. Production Company from Hyattsville, Maryland. The filming which will take place on Loockerman Street is sponsored by the United State Government and will be a vehicle for promoting and explaining Social Security benefits. The filming company will be escorted by Police Department personnel at all times, and traffic will be delayed only during shooting of certain scenes. The scenes will incorporate a narrator who will explain Social Security benefits after simulated accidents, etc. The filming will involve a City ambulance and personnel. All activities have been coordinated with the City of Dover Police Department and a minimal amount of traffic delay will occur.
J. WILLIAM SATTERFIELD - TRAFFIC LIGHTS THROUGHOUT THE CITY
A letter was received from J. William Satterfield requesting Council consideration of modifying traffic lights on Governors Avenue and Ridgley Street to flash during early morning hours when traffic is almost non-existent.
Mr. Weyandt moved for referral to the Safety Advisory Committee, seconded by Mr. Christiansen and unanimously carried.
REFERENDUM BY PETITION
Mr. Richter stated that it has been brought to his attention that there is a desire to hold referendums by petition of the citizenry. He felt that sometimes citizens are denied referendums on certain matters due to denial of Council. It was his opinion that the Charter should be amended to allow referendum by petition and stated his willingness to submit a written proposal for review by committee.
Mr. Richter moved that the matter be referred to the Legislative and Finance Committee, seconded by Mr. Christiansen and unanimously carried.
Mr. Weyandt felt that when annexation referendums are held and City limits are extended, that the property involved should be brought into the City under a zoning code that would cover the use of the property vs. automatically considering the property as R-20.
Mr. Richter stated that this reiterates Mr. Witt’s suggestion that the Comprehensive Plan of the City of Dover be updated, specifically pinpointing zoning categories in all locations of the City.
Since Council deals with the objections of the citizens stemming from the decisions on site planning of the City of Dover be an update of the Comprehensive Plan.
Mr. Witt moved that the Legislative and Finance Committee study the necessity for implementation of an updating of the Comprehensive Plan next year and find means to finance this project in the Capital Fund or Operating Budget. The motion was seconded by Mr. Weyandt and unanimously carried.
Meeting adjourned at 9:30 p.m.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of February 13, 1984, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
February 17, 1984
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