REGULAR MEETING
The Regular Meeting of Council was held on March 24, 1980 at 7:30 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt, Carson and Bewick.
Noting the absence of the Reverend J.H. Williams, Mayor Legates dispensed with the invocation.
AGENDA ADDITIONS
Mr. Bewick requested an additional agenda item to discuss Channel 34 Television Station.
Mr. Mogan requested an agenda item that was omitted from the regular agenda and an advertised public hearing for an amended ordinance in regards to pollutants in the sewer system and sewer use rates.
MINUTES
Mr. McDonough reported a meeting of the Mayfair, Mayfair II, Wedgewood and Crossgates Civic Groups, where it was stated that Mr. Ted George was not an official representative of their group. Mr. McDonough’s information was in reference to the Regular Council Meeting of March 10th, where Mr. George expressed certain concerns in relation to the operation of the McKee Run Power Plant where he stated affiliation with the aforementioned civic organization.
Mr. Muir moved for approval of the March 10, 1980 minutes, stipulating that Mr. McDonough’s remarks be made a part of the permanent record. The motion was seconded by Mr. McDonough and unanimously carried. The Minutes bore the written approval of Mayor Legates.
APPOINTMENT - ELECTION JUDGES - 1980 MUNICIPAL ELECTION
Mayor Legates submitted the names of Councilmen Witt and Carey to serve as judges during the 1980 Municipal Election. Mr. Muir will serve as an alternate.
By motion of Mr. McDonough, seconded by Mr. Bewick, the election judges were unanimously approved as presented.
APPOINTMENT - TAX APPEALS COMMITTEE
Mayor Legates presented the names of Councilmen Muir, Witt and Carey to serve on the Tax Appeals Committee that will sit on April 14, 1980 between the hours of 1:00 p.m. and 4:00 p.m.
By motion of Mr. McDonough, seconded by Mr. Hardcastle, Council unanimously approved the committee as presented.
MONTHLY REPORTS
Chief of Police Report for the Month of February
The Chief of Police Report for the month of February was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Muir.
Building Inspector and Fire Marshal Report for the Month of February
The Building Inspector and Fire Marshal Report for the month of February was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Muir.
City Alderman Report for the Month of February
The City Alderman Report for the month of February was unanimously approved by motion of Mr. McDonough, seconded by Mr. Carey.
General Fund, Cash Receipts Report for the Month of February
The General Fund, Cash Receipts Report for the month of February was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
General Fund, Budget Report for the Month of January
The General Fund, Budget Report for the month of January was unanimously approved by motion of Mr. Bewick, seconded by Mr. McDonough.
Electric Revenue Fund, Cash Receipts Report for the Month of February
The Electric Revenue Fund, Cash Receipts Report for the month of February was unanimously approved by motion of Mr. Witt, seconded by Mr. Bewick.
Electric Revenue Fund, Budget Report for the Month of January
The Electric Revenue Fund, Budget Report for the month of January was unanimously approved by motion of Mr. Bewick, seconded by Mr. Muir.
Electric Improvement and Extension Fund, Receipts & Disbursements Report - February
The Electric Improvement and Extension Fund, Receipts and Disbursements Report for the month of February was unanimously approved by motion of Mr. Bewick, seconded by Mr. Witt.
City Manager’s Report for the Month of February
Mr. Witt expressed dissatisfaction with the infra-red scan to determine heat loss in residences, conducted by the State of Delaware Energy Office as project coordinator. Specifically, he did not agree with the method of scanning his particular residence and the resulting information furnished to him by the company who conducts the scan.
Mr. Witt moved that the infra-red project be reviewed by the Utility Committee, seconded by Mr. Weyandt and unanimously carried.
In referring to the Electric Department Monthly Report, Mr. Bewick moved that the information on page three, relating to Unit #3 (paragraphs 3, 4, 5, & 7) be referred to the Utility Committee for a complete report. The motion was seconded by Mr. McDonough and unanimously carried.
By motion of Mr. Witt, seconded by Mr. Bewick, the City Manager’s Report for the month of February was unanimously approved.
J.P. COURT #7 REPORT FOR THE MONTH OF FEBRUARY
A check was received from J.P. Court #7 for the month of February in the amount of $9,152.
By motion of Mr. Witt, seconded by Mr. Carey, Council unanimously approved the J.P. Court #7 Report for the month of February as submitted.
PARKING - EAST SIDE OF BRADFORD STREET, INTERSECTION OF LOOCKERMAN STREET
Mr. Witt referred to the parking on the east side of Bradford Street, at the intersection of Loockerman Street, stating his opinion that the present three parking spaces could be altered which could allow four vehicles to park in the same space.
Mr. Witt moved that the aforementioned matter be referred to the Safety Advisory Committee, seconded by Mr. McDonough and unanimously carried.
PUBLIC HEARING - LOTS #29 - #33 EDGEMONT AVENUE - DANIEL & MARY LYNN HOUGHTALING
A public hearing was duly advertised for this time and place to consider rezoning lots #29 - #33 inclusive, located on Edgemont Avenue, owned by Daniel and Mary Lynn Houghtaling. Mayor Legates declared the hearing open.
Mr. John LePore was present to inquire about the use of the land under the new zoning if adopted.
Mr. Roe stated that the owner proposes multi-family apartments which will involve three buildings.
Mayor Legates declared the hearing closed.
By motion of Mr. Witt, seconded by Mr. Weyandt, Council by a unanimous roll call vote adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED AT LOTS #29 - #33 EDGEMONT AVENUE.
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from I0 to RG-2.
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 on property located at lots #29 - #33 inclusive, located on Edgemont Avenue, owned by Daniel and Mary Lynn Houghtaling, from I0 to RG-2.
ADOPTED MARCH 24, 1980
PUBLIC HEARING - ORDINANCE AMENDING SOLICITOR APPLICATIONS
A public hearing was duly advertised for this time and place to consider amending section 22-26 of the Municipal Code relating to Solicitor Applications, deleting subparagraphs (g), (h), (I), (j) and relettering subparagraph (k) to be subparagraph (g). Mayor Legates declared the hearing open.
There was no one present to speak for or against the ordinance amendment.
By motion of Mr. Witt, seconded by Mr. Carey, Council unanimously adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Dover Municipal Code shall be amended as follows: Sec. 22-26 is amended by deleting subparagraph (g), (h), (I), and (j) and be relettering subparagraph (k) to be subparagraph (g).
The purpose of this ordinance is to delete application requirements for solicitors requiring photographs of the applicant; fingerprinting of the applicant; a statement of prior offenses of the applicant; and a certificate of health of the applicant; it being assumed that these provisions would violate the constitutional rights of the individual applicant.
ADOPTED MARCH 24, 1980
PUBLIC HEARING - TRAILER LICENSE PENALTY DATE
A public hearing was duly advertised for this time and place to consider an amendment to the Municipal Code that would change the penalty date for trailer licenses from September 30th to August 1st. Mayor Legates declared the hearing open.
Questioned by Mr. McDonough, Mr. Roe stated that the purpose of the amendment was to lessen the time period where penalties could be applied for non-payment of trailer licenses. The present ordinance stipulates a due date of July 1st with a penalty beginning September 30th. The amendment would modify the due date to August 1st with the penalty beginning September 30th.
Mayor Legates declared the hearing closed.
By motion of Mr. Witt, seconded by Mr. Weyandt, Council unanimously adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the ordinance providing for the licensing of mobile homes shall be amended to require the license fee to be paid on or before August 1 of each year without penalty rather than September 30 of each year as presently provided. Paragraph 1 of the ordinance is thereby amended to read as follows:
“1. On and after July 1, 1980, mobile homes in the City shall be licensed and the owners thereof shall pay an annual license fee of $30.00. The license fee shall be due on July 1 of each year and must be paid on or before August 1 of each year. If not paid on or before August 1 a 1% per month penalty shall accrue on the unpaid balance of the license fee. The license fee shall be paid to and collected by the City Manager or his authorized agent. Payment of the annual license fee shall be prorated on a quarterly basis for each fractional part of a year in which the mobile home is within the City of Dover.”
ADOPTED MARCH 24, 1980
PUBLIC HEARING - BONDING REQUIREMENTS - OUTDOOR MUSIC FESTIVALS
A public hearing was duly advertised for this time and place to consider an ordinance that would amend chapter 6 of the Municipal Code relating to bonding requirements for outdoor music festivals. Mayor Legates declared the hearing open.
There was no one present to speak for or against the ordinance amendment.
Mr. Roe explained that the proposed amendment is almost identical to the State statute. The amendment to the ordinance would also narrow the restrictions on outdoor music festivals and place the bonding requirements as a prerogative of Council.
Mayor Legates declared the hearing closed.
By motion of Mr. Witt, seconded by Mr. Carey, Council unanimously adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Chapter 6 of the Dover Municipal Code is hereby amended by adding the following new Article and Sections to read as follows:
Article V. Outdoor Music Festivals
Sec. 6-10. Definitions. As used in this Article:
(1) “Outdoor Music Festival” means any group or groups of persons participating in musical entertainment in open spaces and not enclosed within a fully enclosed and constructed building.
(2) “Promoter” means the organizer, operator, producer or the person or persons or corporations staging the Outdoor Music Festival and the owner, tenant and lessee of the land upon which the Outdoor Music Festival is performed.
(3) “Spectator” mean a gathering of 1,000 or more persons who pay a consideration for the purpose of seeing or hearing the Outdoor Music Festival.
Section 6-11. Permits for Outdoor Music Festival
(a) No Promoter shall hold or conduct any Outdoor Music Festival where Spectators will be present without first obtaining permits from the Department of Licensing of the City of Dover, or its successor, and the City of Dover Police Department.
(b) The Licensing Department shall not issue a permit until the following provisions are met:
(1) The Promoters post a cash bond in an amount to be determined by City Council not to exceed $50,000; and
(2) The Promoters establish adequate sanitation and health facilities that are in accordance with the rules and regulations governing Outdoor Music Festivals adopted by the City of Dover Health Department.
(c) The City of Dover Police Department or the Chief of Police shall not issue a permit until the Promoter furnishes evidence that he has provided:
(1) Adequate security for the safety of the Spectators and their property; and
(2) Adequate arrangements for the orderly flow of traffic to, at and from the Outdoor Music Festival.
(d) The City of Dover Licensing Department shall retain the bond required in Subsection (b) of this Section for a period of thirty (30) days after the Outdoor Music Festival has terminated. In the event the Promoters fail to remove all trash, debris or residue and repair any damage to personal property, real property, crops or livestock belonging to another person created or caused by the Outdoor Music Festival or the Spectators within 72 hours after its termination, then, in that event, the City of Dover Licensing Department may use as much of the Bond money as is needed to remove the trash, debris or residue and repair the damage to personal property, real property, crops, or livestock. Any monies unexpected from the bond shall be returned by the City of Dover Licensing Department to the Promoter thirty (30) days after termination of the Outdoor Music Festival or at such time as the Department has been able to pay for damages and repairs incurred.
Section 6-13. License.
No Promoter shall obtain a license pursuant to Chapter 18 of this Code until he has first obtained permits required by this Article but said Promoter shall be required to obtain a license pursuant to Chapter 18 once said permit required by this Article has been secured.
Sec. 6-14. Penalties.
Any person or corporation who organizes, operates, produces, stages or permits an Outdoor Music Festival to be organized, operated, produced or staged on land which he or it owns or leases without having first obtained the required permits and license shall be subject to a fine of not more than $100 for each such violation.
ADOPTED MARCH 24, 1980
PUBLIC HEARING - REVISED BUSINESS LICENSE FEES AND DEFINITIONS
A public hearing was duly advertised for this time and place to consider amending the Municipal Code that would revise business fees and definitions. Mayor Legates declared the hearing open.
Mr. Greg Boaman was present representing a faction of local merchants who oppose the method in which the merchant’s license is computed. In explanation, Mr. Boaman stated that the merchants license is based on gross purchases for the prior year. These purchases are directly effected by inflation. In comparison, professional license fees are fixed at a flat rate and not effected by inflation.
Questioned by Mr. Bewick, Mr. Boaman suggested that professional business licenses could be based on gross receipts.
Mr. Roe stated that the City business licenses are levied much in the same manner as the state requirements; however, it was his feeling that licenses based on gross receipts could present an auditing problem.
Mr. Weyandt mentioned the possibility of establishing a fee based on dollar value of purchases in increments of $25,000, $50,000, $75,000, rather than the multiplier that is presently used.
It was Mr. Witt’s opinion that the fee increase for merchants is so minuscule that a change int eh present system is not warranted.
Mr. McDonough agreed that the method of charging merchants for licenses possibly should be reviewed but did not feel that the entire proposal of increasing the business licenses should be delayed from adoption.
Mr. Fred Umlauf of 731 W. Division Street was present and stated his satisfaction in the present method of licensing in the City of Dover. He pointed out the possible expenditures to the City for auditing if professional business licenses were to be based on gross receipts.
Mayor Legates declared the hearing closed.
Mr. Bewick moved to table the matter of business licenses and definitions and recommended referral to the Legislative and Finance Committee. The motion was seconded by Mr. Weyandt.
Mr. Weyandt moved to amend the motion, to allow merchants input during committee consideration and a report prepared by the committee for Council’s consideration at the next regularly scheduled meeting. The amendment was seconded by Mr. Bewick.
By a roll call vote of four (4) yes, four (4) no (Mr. McDonough, Mr. Muir, Mr. Witt and Mr. Carson) the motion failed.
By a roll call vote of four (4) no, three (3) yes, one (1) not voting (Mr. Carson), the motion to table the matter failed. Mr. Bewick, Mr. Hardcastle and Mr. Weyandt were recorded as voting yes.
Mr. Witt moved to approve the business license fees and definition as presented, seconded by Mr. McDonough.
By a roll call vote of four (4) yes, three (3) no, one (1) not voting (Mr. Carson), the motion failed. Mr. McDonough, Mr. Muir, Mr. Carey and Mr. Witt were recorded as voting yes.
Mr. Bewick moved that the matter be referred to the Legislative and Finance Committee and a public hearing held on the second meeting in April. The motion was seconded by Mr. Muir. By a roll call vote of seven (7) yes, one (1) no (Mr. Witt) the motion was approved.
PUBLIC HEARING - PROHIBITIVE DISCHARGES IN SEWER SYSTEM AND SEWER USER FEE - ORDINANCE AMENDMENT - SECTION 27-6 AND 27-9
A public hearing was duly advertised for this time and place to consider amending section 27-6 and section 27-9 of the Municipal Code that specifies prohibitive discharges in the sewer system and changes the wording of the sections that describes the method of computing the sewer use fee.
Mayor Legates declared the hearing open.
Questioned by Mr. McDonough, Mr. Mogan stated that amendments to the ordinance follows EPA guidelines in highlighting certain pollutants as to control. The amendment also changes the wording, giving the City authority of varying the rates based on quantity of pollutants. The present ordinance is very general as to quantity and chemical makeup. The amendment would also provide public participation in sewer rates. This relates mainly to industrial use.
Mayor Legates declared the hearing closed.
By motion of Mr. Hardcastle, seconded by Mr. McDonough, Council by a vote of seven (7) yes, one (1) absent (Mr. Muir) adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 27 of the Dover Municipal Code be amended by deleting sections 27-6 and 27-9 therein, and inserting in lieu thereof, the following:
Section 27-6. Prohibited discharges into City sewer system and pretreatment
(a) General Discharge Prohibitions
No User shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the City’s sewer system and Kent County Treatment Plant. These general prohibitions apply to all such Users whether or not the User is subject to National Categorical Pretreatment Standards or any other National, State, or local Pretreatment Standards or Requirements. A User may not contribute the following substances to the sewer system:
(I) Any liquids, solids or gases which be reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the sewer system and the treatment plant or to the operation of the same. At no time, shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent (5%) nor any single reading over ten percent (10%) of the Lower Explosive Limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the City, the State or EPA regards as a fire hazard or a hazard to the system.
(ii) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one-half (½") in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.
(iii) Any wastewater having a pH less than 6.0 or greater than 9.5, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the sewer and treatment system.
(iv) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the sewer and treatment system, or to exceed the limitation set forth in a Categorical Pretreatment Standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307 (a) of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq.
(v) Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.
(vi) Any substance which may cause the sewer and treatment system’s effluent or any other product of the sewer and treatment systems such as residues, sludges, or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to the sewer system cause the Kent County treatment plant to be in non-compliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Federal Water Pollution Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State criteria applicable to the sludge management method being used.
(vii) Any substance which will cause the Kent County Sewage Treatment Plant to violate its NPDES and/or State Disposal System Permit or the receiving water quality standards.
(viii) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
(ix) Any wastewater having a temperature which will inhibit biological activity in the treatment plant resulting in Interference, but in no case wastewater with a temperature at the introduction into the sewer system which exceeds 40o C (104o F).
(x) Any waters or wastes that for a duration of 15 minutes has a concentration greater than five (5) times that of “normal” sewage as measured by suspended solids and B.O.D. and/or which is discharged continuously at a rate exceeding 200 gallons per minute, except by special permit. Normal domestic sewage shall be construed to fall within the following limits:
Constituents Permissible Limits
B.O.D. 300 ppm
Chlorine Demand 15 ppm
Settleable Solids 20 ml/l
Suspended Solids 300 ppm
(xi) Any wastewater containing any radioactive wastes or isotopes of such halflife or concentration as may exceed limits established by the City Manager in compliance with applicable State or Federal regulations.
When the City Manager determines that a User(s) is contributing to the sewer system, any of the above enumerated substances in such amounts as to Interfere with the operation of the sewer system of Kent County Treatment Plant, the City Manager shall: 1) Advise the User(s) of the impact of the contribution and 2) Develop effluent limitation(s) for such User to correct the Interference.
(b) Federal Categorical Pretreatment Standards
Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this Ordinance for sources in that subcategory, shall immediately supersede the limitations imposed under this Ordinance. The City Manager shall notify all affected Users of the applicable reporting requirements under 40 CFR, Section 403.12.
(c) Specific Pollutant Limitations
No person shall discharge wastewater containing in excess of:
0.1 ppm arsenic
0.2 ppm cadmium as Cd
1.0 ppm copper as Cu
2.0 ppm cyanide as CN
1.0 ppm lead
0.01 ppm mercury
1.0 ppm nickel
0.2 ppm silver
0.5 ppm total chromium
3.0 ppm zinc as Zn
100ppm Oil, grease or fat
(d) State of Delaware Requirements
State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those in this Ordinance.
(e) Excessive Discharge
No User shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards, or in any other pollutant-specific limitation developed by the City, Kent County or State of Delaware.
Sec. 27-9. Sewer use rates
(a) It shall be the policy of the City to establish sewer use rates at levels which assure that the actual collections of fees is as at least equal to the annual debt service, operational, and maintenance costs and allowance for replacement of the sewer system.
(b) Three (3) copies of the sewer use rates shall be on file in the City Clerk’s office.
(c) The City shall review the sewer rates biannually or sooner and revise, if necessary.
(d) A public hearing shall be held at least thirty (30) days prior to any revisions in the sewer use rates.
(e) The City shall inform each user of the sewer system about any proposed revisions in the sewer use rates at least thirty (30) days prior to the public hearing. The public hearing will also be announced in at least one newspaper with wide circulation within the City.
(f) The City shall inform each user of the sewer system of the current rates at least once a year.
ADOPTED MARCH 24, 1980
SET PUBLIC HEARING - PLANNING COMMISSION RECOMMENDATION TO AMEND SECTION 5.184 TO SECTION 10 - ONE YEAR LIMITATION ON ZONING REQUESTS AFTER DENIAL
A request was received from the City of Dover Planning Commission to set a public hearing to consider amending the zoning text by adding section 5.184 to section hearing to consider amending the zoning text by adding section 5.184 to section 10, entitled “Reconsideration - One Year Limitation” for zoning requests after denial.
Mr. McDonough moved that a public hearing be held on April 28, 1980 at 7:45 p.m., seconded by Mr. Carey and unanimously carried.
SET PUBLIC HEARING - PLANNING COMMISSION REQUEST - REZONING LAND ON KINGS HIGHWAY (FORMERLY THE RICHARDSON AND ROBBINS FACTORY) - STATE OF DELAWARE
A recommendation was received from the City of Dover Planning Commission to rezone land owned by the State of Delaware (formerly the Richardson & Robbins Factory) from M to I0. 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 unanimously 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 Kings Highway are presently zoned for M (manufacturing) 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 April 28, 1980 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from M (manufacturing) to I0 (institutional and office) that property located on Kings Highway, owned by the State of Delaware.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MARCH 24, 1980
COUNCIL CONSIDERATION TO REVERT ZONING - FRED C., CHARLES & RALPH LORD - LAND NORTH OF LAFFERTY LANE ON BAY ROAD
In conformance with Section 5.183 of the Zoning Code, the City Clerk included as an agenda item consideration by Council to revert land owned by Fred C., Charles and Ralph Lord, located north of Lafferty Lane on the Bay Road, to its former zoning category.
Mr. Roe explained that the owners have not conformed with the Zoning Code, in that no improvements have been initiated.
The Code stated that the owners must show some progress of construction within one (1) year after the new zoning is granted.
Mr. McDonough moved that the City Clerk inform the owners of record by written notice, requesting that they submit a reason by writing or in person explaining why Council should approve an extension of time.
The motion was seconded by Mr. Muir and unanimously carried.
ANNEXATION REFERENDUM RESULTS - RIZZO/CAPALDI TRACT - 57.742 ACRES - ROUTE #104
As certified by officials from the Kent County Board of Elections, the City Clerk reported two (2) votes in favor of annexation as a result of an annexation referendum held on March 14, 1980 for 57.742 acres of land located on the west side of County Road #104, owned by Rizzo and Capaldi.
It is noted that the Planning Commission and Utility Committee recommended approval of the annexation.
Mr. Muir moved for acceptance of the land into the corporate limits of the City of Dover, seconded by Mr. Weyandt and by a unanimous roll call vote, Council adopted the following resolution.
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
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 west of Dover, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held during the 127th General Assembly, Special Session 1973 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, the aforementioned Amendment of the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council shall thereupon adopt the resolution annexing said territory and including same within the limits 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 the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded therein shall be annexed to and included within the limits of the City of Dover:
All that certain, generally triangular lot, piece or parcel of land, west of the present boundary of the City of Dover, situated in East Dover Hundred, Kent County, Delaware, lying on the southwesterly side of “Kenton Road” - - Kent County Road #104, and north of the extended northerly line of “College Road” - - Kent County Road #99, being bounded on the northeast by said Kenton Road, 60' wide, on the southeast by lands now or late of Berman and Clouse, and on the southwest by lands known as the William Willis Tract, in accordance with a survey by Charles C. Brown, dated 1958-59, and being more particularly described as follows, to wit:
Beginning at a point in the southwesterly line of Kenton Road, 60' wide, opposite the intersection of the northerly line of College Road - - Road #99, with the easterly line of Kenton Road - - Road #104, a corner for this parcel and lands now or late of Berman and Clouse; thence, running with lands of said Berman and Clouse, S 42o 55' W, 1620.00' to a point, corner for this and William Willis Tract; thence, running with line of said Willis tract, N 21o 44' W, 2949.13' to a point in the southwesterly line of said Kenton Road; thence, running with the southwesterly line of Kent Road, S 59o 57' E, 1103.45' to a point of curvature; thence, by the arc of a circle curving to the right, having a radius of 3789.83', a distance of 741.91' to a point of tangency; thence, S 48o 44' E, 856.25' to the point and place of beginning.
Also, the right-of-way of Kenton Road - - Kent County Road #104, 60' wide, as it extends from the present boundary of the City of Dover at the northerly line of Walker Road, in a northwesterly direction about 3150' to a point opposite and perpendicular to the most northerly point of aforedescribed Rizzo-Capaldi lands, the present City of Dover boundary binding with the northeasterly line of Kenton Road.
Containing a combined area of 57.742 acres, more or less; 0.083 square miles.
2. That the certified copy of the resolution of annexation together with a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County.
3. That the above described area so annexed and included within the limits of the City of Dover shall be for all purposes beginning with the effective date of this resolution be a part of the City of Dover.
4. That the effective date of this resolution be the 25th day of March 1980 at 12:01 a.m. o’clock.
ADOPTED MARCH 24, 1980
ANNEXATION REFERENDUM RESULTS - DOVER DOWNS TRACT - 5.0931 ACRES
As certified by the Kent County Board of Elections, the City Clerk reported one (1) vote for annexation, as a result of an annexation referendum held on March 14, 1980, relating to 5.0931 acres of land owned by Dover Downs, Inc.
Mr. Muir moved for approval of the annexation, seconded by Mr. Weyandt. By a unanimous roll call vote, Council adopted the following resolution.
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
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 north of Dover, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held during the 127th General Assembly, Special Session 1973 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, the aforementioned Amendment of the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council shall thereupon adopt the resolution annexing said territory and including same within the limits 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 the following described area situated in Little Creek Hundred, Kent County, State of Delaware, and more particularly described and bounded therein shall be annexed to and included within the limits of the City of Dover:
ALL that certain triangular lot, price or parcel of land, north of and adjoining the present boundary of the City of Dover, situated in Little Creek Hundred, Kent County, Delaware, lying west of but not adjoining Leipsic Road - - Kent County Road #88, being bounded on the east by lands of Dover Downs, on the southwest by lands of Capital City Mall Associates, and on the northwest by lands of William C. David, and being more particularly described as follows, to wit:
Beginning as a field stone at the edge of Muddy Branch and at a corner for this parcel, lands of Dover Downs, and lands of William C. Davis, said point of beginning being located S 85o 04' 30" W, 700.35' from a point in the center of a bridge over Muddy Branch on Leipsic Road; thence, from said point of beginning with lands of Dover Downs and binding with the present boundary of the City of Dover, S 16o 47' 40" W, 944.07' to a corner for this parcel and lands of Capital City Mall Associates; thence, running with line of said Capital City Mall Associates, it also being the present boundary of the City of Dover, N 30o 52' 14" W, 635.80' to a point in line of said “Mall Associates” and lands of William C. Davis; thence, running with a new line of lands of said Davis, N 59o 07' 46" E, 697.88' to the point and place of beginning.
Containing 5.093 acres, more or less; 0.00795 square miles.
2. That the certified copy of the resolution of annexation together with a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County.
3. That the above described area so annexed and included within the limits of the City of Dover shall be for all purposes beginning with the effective date of this resolution be a part of the City of Dover.
4. That the effective date of this resolution be the 25th day of March 1980 at 12:01 a.m. o’clock.
ADOPTED MARCH 24, 1980
REZONING REQUEST - 57.742 ACRES - WEST OF COUNTY ROAD #104 - KENTON ROAD - RIZZO/CAPALDI
A request was received to rezone 57.742 acres of land located on the west side of County Road #104 (Kenton Road) owned by Rizzo and Capaldi. 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. Carey, Council unanimously 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 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 west side of County Road #104 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 April 28, 1980 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to R-10 that property located on the west side of County Road #104, owned by Rose Capaldi, Joseph Rizzo, Jr., Benjamin F. Rizzo and John F. Rizzo.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MARCH 24, 1980
CORRESPONDENCE
Outboard Horsepower Limitation - Silver Lake - Barry DiAntonio
A letter was received from Mr. Barry DiAntonio requesting that the prohibitive horsepower ordinance on Silver Lake be raised to 115 horsepower to accommodate his present engine.
Mr. Witt moved for referral to the Safety Advisory Committee, seconded by Mr. McDonough and unanimously carried.
Television Channel 34 - Delaware Citizens Committee - Shelton J. Merrill
A letter was received from Mr. Shelton J. Merrill, President of the Delaware Citizens Committee, expressing concern that the Federal Communication Commission proposes to remove channel 34 from Dover, Delaware and reassign the frequency to Wildwood, New Jersey. He encouraged participation of the City of Dover in an effort to retain Channel 34 and expressed a desire to further discuss the matter.
Mr. Bewick moved for referral to the Utility Committee, seconded by Mr. McDonough and unanimously carried.
Mr. Hardcastle moved for adjournment to executive session, seconded by Mr. Weyandt and unanimously carried.
(No recorded Minutes of Executive Session)
Meeting Adjourned at 9:50 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of March 24, 1980, are hereby approved.
CHARLES A. LEGATES, JR.
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