REGULAR MEETING
December 10, 1979
The Regular Meeting of Council was held on December 10, 1979 at 7:30 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt, Carson and Bewick.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA DELETIONS
Mr. Bewick requested that the subject of the Delaware Solid Waste Authority Agreement, under the Utility Committee Report, be deleted with the understanding that a special Council Workshop will be held at a later date.
The City Clerk requested that item #22, setting a public hearing to amend the City Code that evaluates land considered agricultural, be deleted from the agenda.
AGENDA ADDITIONS
Mr. McDonough requested an additional item to present a resolution related to the Caesar Rodney High School Football Team.
The City Clerk requested an additional agenda item to present a letter from Nicholas Brown, representing Rizzo and Capaldi, relating to an annexation request.
RESOLUTION - CAESAR RODNEY HIGH SCHOOL - 1979 FOOTBALL TEAM
By motion of Mr. McDonough, seconded by Mr. Witt, Council unanimously adopted the following resolution.
WHEREAS, the Caesar Rodney High School Football Team participated in the Henlopen Conference, Division I Championship game; and
WHEREAS, the Caesar Rodney High School Football team enjoyed a successful season by exerting tremendous team effort both offensively and defensively, which effort entitled them to participate in the Championship game.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council of The City of Dover wish to extend their congratulations to the players of the Caesar Rodney High School Football Team and their Coach, Jim Brooks, for their fine showing in the Championship game and although they did not emerge victorious, they have evoked extreme pride in the success of their 1979 playing season.
2. The Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover.
ADOPTED: December 10, 1979
MINUTES
The Minutes of the Regular Council Meeting of November 12, 1979 was unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Muir and bore the written approval of Mayor Legates.
BUILDING INSPECTOR APPOINTMENT - 1980
By motion of Mr. Muir, seconded by Mr. Hardcastle, Mr. Jack T. Roe was appointed Building Inspector for the year 1980. The motion was unanimously approved.
APPOINTMENT - CITY ASSESSOR - 1980
By motion of Mr. Hardcastle, seconded by Mr. Carson, Mr. William Hayes was appointed City Assessor for the year 1980. The motion was unanimously approved.
COUNCIL MEETING - DECEMBER 24, 1979 - CANCELLATION
By motion of Mr. McDonough, seconded by Mr. Carey, the Regular Council Meeting of December 24, 1979 was canceled by a unanimous vote.
COMMEMORATIVE DINNER - COUNCILMAN JAMES HARDCASTLE
Mayor Legates reported his attendance, representing Council, at a commemorative dinner in honor of Councilman James Hardcastle on December 8, 1979. The meeting was held at Wesley College, where has was honored for outstanding community leadership by leading officials of the community and members of his church.
ROBBINS HOSE COMPANY ELECTION RESULTS - CONFIRMATION OF OFFICERS - 1980
City Manager Mogan reported the successful candidates of the Robbins Hose Company Annual election of November 19, 1979, as follows:
Chief - Charles Boyer
Deputy Chief - Raymond Osika
First Assistant Chief - Robin Christiansen
Second Assistant Chief - Michael Shinsky
Third Assistant Chief - William Hurley
Captain - Thomas Trader
The results of the election were certified by Councilmen McDonough and Witt and Alderman Willis.
Mr. Weyandt moved to approve the officers as submitted, seconded by Mr. Carson and unanimously carried.
MONTHLY REPORTS
The following monthly reports were unanimously approved by motion of Mr. Muir, seconded by Mr. Weyandt:
Chief of Police Report for the month of October
Building Inspector & Fire Marshal Report for the month of October
City Alderman Report for the month of October
General Fund, Cash Receipts Report for the month of October
General Fund, Budget Report for the month of September
Electric Revenue Fund, Cash Receipts Report for the month of October
Electric Revenue Fund, Budget Report for the month of September
City Manger’s Report for the month of October
J.P. COURT #7 REPORT FOR THE MONTH OF OCTOBER
A check was received from J.P. Court #7 for the month of October in the amount of $6,786.
By motion of Mr. Muir, seconded by Mr. Carey, the J.P. Court #7 Report for the month of October was unanimously approved.
CORRESPONDENCE
Dover Downs Annexation Request
A request was received from Nathan L. Cohen, agent for Dover Downs, to consider annexation of 5.0931 acres of land adjacent and contiguous to other lands of Dover Downs.
Mr. Witt moved for referral to the Utility Committee and Planning Commission, seconded by Mr. Carey and unanimously carried.
Rizzo-Capaldi Annexation Request
A letter was received by City Manager Mogan, from Nicholas R. Brown, representing Rizzo-Capaldi, to annex a tract of land on the west side of the Dover-Kenton Road.
By motion of Mr. Witt, seconded by Mr. Weyandt and unanimously approved, the request was referred to the Utility Committee and Planning Commission.
PUBLIC HEARING - REZONING - DOVER BROOK GARDENS
A public hearing was duly advertised for this time and place to consider rezoning Dover Brook Gardens in its entirety. Mayor Legates declared the hearing open.
Mr. Witt referred to the present zoning of Dover Brook Gardens (R-20) and asked if there were any existing violations or problems in rezoning the development to R-8.
Mr. Roe reported that the development conforms with a zoning of R-8, hence, this was the reason for a request to rezone.
Mayor Legates declared the hearing closed.
Mr. Muir moved for approval of the rezoning, seconded by Mr. Witt, and by a unanimous roll cal vote, Council adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE DESIGNATION OF THE LAND KNOWN AS DOVER BROOK GARDENS, IN ITS ENTIRETY.
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from R-20 to R-8.
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 known as Dover Brook Gardens, in its entirety, from R-20 to R-8.
ADOPTED: December 10, 1979
PUBLIC HEARING - REZONING - 822 & 826 FOREST STREET - JOSEPH SEDULE
A public hearing was duly advertised for this time and place to consider rezoning 822 and 826 Forest Street, owned by Joseph Sedule, from RG-1 to C-1A. Mayor Legates declared the hearing open.
Questioned by Mayor Legates, Mr. Roe stated that the rezoning would correct a non-conforming use.
Mr. Marion F. McDowell of 801 Lincoln Street, was present to present a petition to the City Clerk objecting to the rezoning request. It was the feeling of the petitioners that the area contained an abundance of commercial establishments and additional commercial sites would lower the value of residential properties.
Mr. Roe explained that a non-conforming use can exist for twenty years. After a twenty year period, the property owner must appear before the Board of Adjustment to show just cause for continuing the existing facility. Since the Zoning Code was adopted in 1961, Mr. Sedule’s non-conforming use expires in 1981. His application for zoning from RG-1 to C-1A is for the purpose of correcting the non-conforming use.
Mr. Joseph Sedule, owner of 822 and 826 Forest Street, assured those present that he did not plan any additions to the present facility; however, the proper zoning would encourage him to upgrade his property.
Questioned by Mr. McDonough, Solicitor Rodriguez stated his opinion that it would be necessary for Mr. Sedule to come before Council in applying for a zoning that would be conforming to his business after the twenty year period expires.
Mrs. Bessy McDowell expressed her objections to any enlargement of Mr. Sedule’s building if the rezoning is granted. In addition, persons use the rear of the property as a bathroom facility. This is especially annoying since their property is directly adjacent to the rear of Mr. Sedule’s property.
Mayor Legates declared the hearing closed.
Mr. McDonough moved to deny the rezoning request, seconded by Mr. Hardcastle. By a roll call vote of five (5) no, three (3) yes, (Mr. McDonough, Mr. Hardcastle and Mr. Carey) the motion failed.
Mayor Legates stated that it would be proper for a motion to rezone the property as requested; however, if the petition presented to the City Clerk contained 20% of the resident’s living within 100' of the property, a 3/4 majority vote would be required for approval.
Mr. Weyandt moved for approval of the rezoning request, seconded by Mr. Muir. The motion to approve the rezoning request received a roll call vote of five (5) yes, three (3) no (Mr. McDonough, Mr. Hardcastle and Mr. Carey).
City Assessor Hayes was requested to review the petition to reveal if 20% of property owners living within 100' of the Sedule property were signers. This was established as a fact by Mr. Hayes; therefore, the motion failed and the rezoning request was denied.
PUBLIC HEARING - ORDINANCE - PARKING - MUNICIPAL LOT
A public hearing was duly advertised for this time and place to consider an ordinance that would establish enforcement of parking violations for metered parking in the first three rows in the municipal lot, east of City Hall. Mayor Legates declared the hearing open.
Mr. Weyandt stated that he did not feel it was the intention of Council to create five lines of metered parking. Three rows of parking was meant to be three rows of automobiles or one single line of parking, adjacent to Loockerman Street, and a double row of parking.
Mr. Willis referred to the minutes of November 12, 1979, pointing out that Mr. Witt explicitly stated that three rows of parking would include one single row and two double rows.
It was the general feeling of Council that three rows of parking should be interpreted to mean one single row and one double row.
Questioned by Mr. Witt, Mr. Mogan stated that the additional parking meters installed in the municipal lot would warrant hiring a meter person for enforcement on a part-time basis or approximately 24 hours per week. The additional employee would cost approximately $5,200 annually. Mr. Mogan stated that the 55 meters to be installed in the municipal lot would produce about $3,000 annually in income.
Mr. McDonough reminded Council that meters were removed from Loockerman Street t encourage shopping in the area and now Council was considering metered parking in the municipal lot for shoppers. He felt that the meters were being installed to punish the State and County workers and not to provide parking for downtown shoppers.
Mayor Legates declared the hearing closed.
Mr. Witt moved for approval of the ordinance, stipulating that the contents be modified to read “the first single row of parking, adjacent to Loockerman Street, and the next double row of parking”. The motion was seconded by Mr. Weyandt and carried by a roll call vote of seven (7) yes, one (1) no (Mr. McDonough).
The following ordinance was adopted, effective 12:01 December 11, 1979.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the municipal parking lot east of City Hall fronting on West Loockerman Street shall be utilized for metered parking for the first single row of parking, adjacent to Loockerman Street, and the next double row of parking and that appropriate parking meters shall be installed.
2. This ordinance shall be enforced by the City employees upon installation of the meters.
3. The penalty provisions provided in the Dover Municipal Code Sec. 31-77 shall be applicable to these meters and shall be enforced by the City.
ADOPTED: December 10, 1979
PUBLIC HEARING - TORT CLAIM ORDINANCE
A public hearing was duly advertised for this time and place to consider an ordinance that would require notice of tort claim within one year as a result of House Bill #523, a new law necessitated by a recent decision of the Supreme Court stripping municipalities of sovereign immunity, based upon the clause in the Charter which provides that the City can sue or be sued. Mayor Legates declared the hearing open.
There was no one present to speak for or against the ordinance.
Mayor Legates declared the hearing closed.
Mr. Witt moved for adoption of the ordinance, seconded by Mr. Bewick. By a unanimous roll call vote, Council 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 by and the same hereby is amended by adding the following new section to be designated as Chapter 1, section 1-15 to read as follows:
Section 1-15. NOTICE OF TORT CLAIMS
Any tort claims against the City of Dover not barred by the provisions of 10 Del. C section 4010 et seq. must be brought to the attention of the City within one year from the date of the occurrence of the Act giving rise to the tort claim by giving written notice thereof to the City Manager of the City of Dover or said clause shall be forever barred as provided in 10 Del. C section 4013 (c).
ADOPTED: December 10, 1979
PUBLIC HEARING - REZONING - LOTS #1 & #2 PERSIMMON TREE LANE - NELLIE PIKE
A public hearing was duly advertised for this time and place to consider rezoning lots #1 and #2, located on Persimmon Tree Lane, owned by Nellie Pike. Mayor Legates declared the hearing open.
There was no one present to speak for or against the rezoning request.
Questioned by Mr. Witt, Mr. Roe stated that the land surrounding lots #1 and #2 is predominately unimproved. The request for an R-8 zoning is for the purpose of two single family residences.
Mr. Weyandt moved for approval of the rezoning, seconded by Mr. Hardcastle.
By a unanimous roll call vote, 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 THE LAND LOCATED AT LOTS #1 AND #2 PERSIMMON TREE LANE.
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 planning and zoning to change the permitted use of property described below from R-20 to R-8.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That from and after that 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 #1 and #2 Persimmon Tree lane, owned by Nellie Pike, from R-20 to R-8.
ADOPTED: December 10, 1979
REZONING - SE CORNER OF U.S. ROUTE #13 & JEFFERIC BOULEVARD - JEFFERIC ENTERPRISES, INC.
A public hearing was duly advertised for this time and place to consider rezoning a portion of land on the southeast corner of U.S. Route #13 and Jefferic Boulevard, owned by Jefferic Enterprises, Inc. for the purpose of a retail toy store. Mayor Legates declared the hearing open.
Mr. Mike Foster was present to speak for the rezoning, representing M & M Distributing Company, a corporate name for Kiddie World. Mr. Foster informed Council that the company plans a 15,000 square foot building which will incorporate a main entrance off of Jefferic Boulevard.
Mayor Legates declared the hearing closed.
Mr. Hardcastle moved for approval of the rezoning, seconded by Mr. Bewick, and by a unanimous roll call vote, 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 THE LAND LOCATED ON THE SOUTHEAST CORNER OF U.S. ROUTE #13 AND JEFFERIC 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-1 to C-1A.
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 the southeast corner of U.S. Route #13 and Jefferic Boulevard, owned by Jefferic Enterprises, Inc. from RG-1 to C-1A.
ADOPTED: December 10, 1979
PUBLIC HEARING - PROPERTY NW CORNER OF S. QUEEN STREET & BANK LANE - ROBERT & VIVIAN REED
A public hearing was duly advertised for this time and place to consider rezoning property located on the northwest corner of S. Queen Street and Bank Lane, owned by Robert H. and Vivian D. Reed, for the purpose of administrative offices and a sales area for Chesapeake Utilities Corporation. Mayor Legates declared the hearing open.
Mr. Robert Reed of 72 Lynnhaven Drive, owner of the property, was present to explain the planned facility of Chesapeake Utilities. Questioned by Mr. McDonough, Mr. Reed stated that the plot of ground is divided into two parcels. Chesapeake Utilities plans to purchase one parcel and is taking an option on the adjoining parcel. It is their wish that the entire parcel be zoned C-1A before consummation of the deal. The zoning conforms with the Land Use Map and the Comprehensive Plan.
Mayor Legates declared the hearing closed.
Mr. Weyandt moved for approval of the rezoning, seconded by Mr. Hardcastle. By a unanimous roll call vote, 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 THE LAND LOCATED AT THE NORTHWEST CORNER OF SOUTH QUEEN STREET AND BANK LANE.
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 and C-1A.
NOW, THEREFORE, BE IT RESOLVED 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 the northwest corner of South Queen Street and Bank Lane, owned by Robert H. and Vivian D. Reed, from RG-1 to C-1A.
ADOPTED: December 10, 1979
RECESS
At this point, during the proceedings, Mayor Legates declared a five minute recess.
PUBLIC HEARING - REZONING 142.92 ACRES ON U.S. ROUTE #13 & SOUTH LITTLE CREEK ROAD - JOHN HUNN AND AL-JOHN CORPORATION
A public hearing was duly advertised for this time and place to consider the rezoning 142.92 acres of land adjacent to U.S. Route #13 and South Little Road, owned by John Hunn Brown and Al-John Corporation. Mayor Legates declared the hearing open.
Mr. Walter Ellis of Lore and Ellis, representing John Hunn Brown, was present to speak for the rezoning. He pointed out that the land was zoned SC-3 approximately one year ago to accommodate a shopping center. Since the proposed center will now be located elsewhere, it is the desire of the owner, Mr. Brown, to rezone the property to C-4 and RM-2 which will allow residential and commercial establishments to a depth of 870' from U.S. Route #13.
Mr. Bewick questioned Mr. Ellis on a conceptual plan that indicated a street from the South Little Creek Road through the Brown property, joining Edgehill Avenue.
Mr. Ellis stated that the road shown on plans mentioned by Mr. Bewick was only a concept of what could be accomplished but really has no bearing on the application for rezoning and should not be a subject for discussion. If, in the future, a road was proposed, this would require a public hearing which would include a site development plan.
Questioned by Mr. Witt, Mr. Roe stated that the Comprehensive Plan for this particular plot of land calls for C-4 commercial with a depth of 400' and low density residential. Mr. Ellis is requesting medium density residential and C-4 commercial with a depth of 870'.
Mr. Ellis stated that a depth of only 400' could be some problems if, for instance, a motel were to be built on the C-4 land. Four hundred feet would not accommodate sufficient depth for such an establishment.
It was pointed out that a depth of 1,000' would provide for stack commercial, which is not recommended for the land adjacent to U.S. Route #13.
Mr. McDonough stated that he would rather approve a 400' depth for the C-4 portion and consider a greater depth when a proposal was presented for consideration.
Mr. Robert Tudor of 706 E. Division Street was present and reminded Council that a petition had been presented containing 163 signatures objecting to the application for rezoning by Mr. John Hunn Brown. He stated that residents of the adjacent community disagree with rezoning the property without a proposed development plan. It was his opinion that RM-2 zoning would allow anything residential, including multiple occupancy. In addition, residents are asking that Council approve nothing in excess of 300' for the C-4 land adjacent to U.S. Route #13 and a residential category of R-8 for the remaining land. A 300' depth, he said, would coincide with the depth of Edgehill Shopping Center. It was Mr. Tudor’s opinion that a depth of 1,000' would allow for a road that residents do not want and would be a reality in the future if approved. In behalf of residents in the area, Mr. Tudor requested that Council deny the rezoning request.
Mr. William Hamilton of 802 E. Loockerman Street reiterated the objections outlined by mr. Tudor and recommended approval of 300' depth for the C-4 land to prevent stack commercial.
Mr. Michael Welsh of 731 E. Loockerman Street, stated that he purchased his property specifically for protection of zoning and investment. Approval of a 1,000' depth for the C-4 property would allow commercial establishments directly behind several properties on E. Loockerman Street. He requested that Council deny the rezoning.
Mr. Harold Carey of 40 S. Edgehill Avenue, objected to the rezoning and specifically the proposed road from South Little Creek Road through the Brown property, connecting South Edgehill Avenue. This road, he stated, would subject residents of South Edgehill Avenue to commercial traffic.
Mrs. Margaret Lynch of 810 E. Loockerman Street, objected to a RM-2 zoning category, feeling that this would be degrading to the existing properties on her street. She requested that Council consider only a 300' depth for the C-4 property and a residential category of R-8 and R-20.
Mr. William Murray of 745 E. Loockerman Street was present to object to the possibility of stack commercial if a depth of over 300' to 400' is allowed.
Mr. McDonough asked Mr. Brown if a zoning category of C-4, stipulating a depth of 300', and an R-8 residential zoning represents any problems.
Mr. Brown stated that he now has an option on one section of the C-4 land that has a depth of 410'. He felt that a restricted depth of 300' would only provide for small, and in some cases, objectionable commercial establishments.
Mayor Legates declared the hearing closed.
Mr. Weyandt moved that the rezoning be denied, seconded by Mr. McDonough. By a roll call vote of seven (7) yes, one (1) no (Mr. Muir), the zoning application was denied.
Mr. Weyandt moved that the lands of John Hunn Brown be rezoned in conformance with the Comprehensive Plan, stipulating that the C-4 portion have an allowable depth of 400' and the balance of land zoned R-8. The motion was seconded by Mr. Bewick.
By a unanimous roll call vote, 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 THE LAND LOCATED ON U.S. ROUTE #13 & SOUTH LITTLE CREEK ROAD, CONSISTING OF 142.92 ACRES.
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-4 and R-8.
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 on U.S. Route #13 and South Little Creek Road (consisting of 142.92 acres of land), owned by John Hunn Brown and Al-John Brown Corporation, from SC-3 to C-4 (400' fronting on the service road) with the remainder parcel being zoned R-8.
ADOPTED: December 10, 1979
PUBLIC HEARING - 146 ACRES ADJACENT TO HAZLETTVILLE ROAD - CHARLES F.D., WALKER L. JR. AND LAURA S. MIFFLIN
A public hearing was duly advertised for this time and place to consider rezoning 146 acres of land adjacent to the Hazlettville Road, owned by Charles F.D., Walker L. Jr. and Laura S. Mifflin, for the purpose of industrial and residential use. Mayor Legates declared the hearing open.
Mr. Nick Brown, representing the Mifflin’s, was present to present a conceptual plan of the entire tract, which included RM-2 and IPM zoning categories. Mr. Brown explained that the extreme east and west perimeters of the tract would be residential to provide buffers for the existing uses. The bulk of the tract would be developed as IPM. This is in conformance with the Comprehensive Plan; said tract having a high priority for development under the Growth Staging Plan.
Mr. Brown informed Council that his conceptual plan received a positive response from the Planning Commission; however, a faction of residents living on Mifflin Road were concerned with plans for residential development adjacent to their properties. If it was Council’s wish, he suggested that this portion of land, adjacent to Mifflin Road residences, be tabled rather than disapproving the entire tract. He expresses his willingness to meet with the residents of the area represented by Attorney Roy Shiels to resolve any objections that might exist. After the objections are resolved, that portion on the west end of the tract could be considered for rezoning.
Attorney Roy Shiels, representing property owners on Mifflin Road was present and referred to a petition submitted objecting to the residential development on the west end of the tract. Mr. Shiels, requested that the tract representing 22.2 acres, adjacent to the Mifflin Road, be tabled until such time that the property owners can resolve any objections with Mr. Brown and the Mifflin’s. He added that he represented no objections to the remaining portion of the rezoning request which included the IPM zone and the residential development of the east end.
Mayor Legates declared the hearing closed.
Mr. Bewick moved that the rezoning request be approved with the exception of the 22.2 acres on the west side of the tract, stipulating that this rezoning be submitted with a second public hearing and proper notification. The motion was seconded by Mr. McDonough. By a unanimous roll call vote, 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 THE LAND LOCATED ON THE HAZLETTVILLE ROAD, CONSISTING OF 146 ACRES.
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 R-20 to IPM and RM-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 123.8 acres of land adjacent to the Hazlettville Road, owned by Charles F.D., Walker Jr., and Laura S. Mifflin, with 119.9 acres being rezoned from R-20 to IPM and 4 acres on the eastern perimeter of the property being rezoning from R-20 to RM-2. The remaining 22.2 acres on the western perimeter will remain R-20.
ADOPTED: December 10, 1979
PUBLIC HEARING - REZONING PROPERTY ON SOUTHERLY SIDE OF ROUTE #8 - WEIMER FRANCIS HEITE
A public hearing was duly advertised for this time and place to consider rezoning property located on the southerly side of Hartly Road, opposite the intersection of Independence Boulevard, owned by the Weimer Francis Heite.
Mayor Legates declared the hearing open.
Attorney Glenn Hitchens was present in behalf of Edward H. Richardson, equitable owner, stating that the property consists of approximately 13 acres and abuts the Mifflin property to the south. He advised Council that there are no specific plans for developing at this time, although it is felt that housing much like the present Pine Grove Farm Development will occupy the land.
Mayor Legates declared the hearing closed.
Mr. Weyandt moved for approval of the rezoning request, seconded by Mr. Carey. By a unanimous roll call vote, 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 THE LAND LOCATED ON THE SOUTHERLY SIDE OF ROUTE #8.
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 R-20 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 on the southerly side of Route #8, owned by Francis Weimer Heite, from R-20 to RG-2.
ADOPTED: December 10, 1979
UTILITY COMMITTEE REPORT
The Utility Committee met on November 20, 1979 at 7:30 p.m. with Chairman Bewick presiding.
East Wind Industries - Electric Bill
Mr. Bewick referred to the Utility Committee minutes that related to a claim from East Winds, initiated by Mr. Profaci, indicating that the City over-billed his organization $800 to $900 per month for approximately eight months due to a misunderstanding that resulted in the installation of a demand meter.
Mr. Mogan informed the committee that the first meter installed at East Winds was connected to a demand meter because it was connected to a primary load. When East Winds added transformation to their system to bring it down to a secondary voltage, they put themselves in a different class. He added his willingness to negotiate with Mr. Profaci to offer a refund of $500 to finalize the matter.
The committee recommended that Mr. Mogan negotiate with Mr. Profaci and if necessary, initiate a settlement not to exceed $500.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Weyandt.
Mr. McDonough referred to the committee minutes where it was initiated by East Winds that personnel of the City of Dover advised the company in the method of installation which, through a misunderstanding, resulted in demand metering. However, this has not ben substantiated through inquiries with the Electric Department. Mr. McDonough objected to a refund if the City had no involvement in the meter installation.
Questioned by Mr. Hardcastle, Mr. Mogan stated that facts concerning the meter installation are not completely clear; therefore, it was his suggestion to offer the refund precluding possible litigation.
On a call for the vote, the refund was approved with Mr. McDonough voting no.
William McDaniel Property - Adjacent to Kent Acres - County Sewage Service
The committee considered a request from Mr. William McDaniel that would enable him to connect to the County sewer lines since his property, located adjacent to Kent Acres, but within the City of Dover, cannot be served by City sewer lines that are not available at this location. It was the committee’s recommendation that permission be granted to Mr. McDaniel to hook into the County sewer with an agreement that when City sewer is available, Mr. McDaniel will connect to the City lines, paying the standard fee.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Bewick and unanimously carried.
Mr. Hardcastle moved for approval of the Utility Committee as submitted, seconded by Mr. Weyandt and unanimously carried.
SET PUBLIC HEARING - ORDINANCE TO PROVIDE TWO HOUR PARKING LIMIT - NW CORNER OF MINOR STREET ALLEY AND GOVERNORS AVENUE
Mr. Witt moved that a public hearing be set for January 14, 1980 at 7:45 p.m. to consider an ordinance that would provide a two hour parking limit for City property located on the northwest corner of Minor Street Alley and Governors Avenue. The motion was seconded by Mr. Weyandt and unanimously carried.
SET PUBLIC HEARING - AMEND SECTION 4.2 OF ZONING CODE - LOT WIDTH & SIZE YARD REQUIREMENTS - ONE FAMILY SEMI-DETACHED DWELLING
Mr. Witt moved that a public hearing be set for January 14, 1980 at 7:45 p.m. to consider an amendment to section 4.2 of the Zoning Code that establishes lot width requirements and side yard requirements of a one-family semi-detached dwelling. The motion was seconded by Mr. Weyandt and unanimously carried.
REZONING REQUEST - 807 SOUTH BRADFORD STREET - CRAWFORD J. & ROBERTA P. CARROLL
A request was received from Crawford J. 7 Roberta P. Carroll to rezone their property located at 807 S. Bradford Street for the purpose of residential and/or business professional or governmental office use. 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. McDonough, 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 OF 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 807 S. Bradford Street, owned by Crawford J. and Roberta P. Carroll 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 January 14, 1980 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to RG-0 that property located at 807 S. Bradford Street, owned by Robert P. and Crawford J. Carroll.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: December 10, 1979
REZONING REQUEST - 1442 SOUTH STATE STREET - GUSTAV AND WILLIAM KONSCHAK
A request was received to rezone property located at 1442 S. State Street, owned by Gustav and William Konschak, Executors. 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 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 OF 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 1442 S. State Street, owned by Gustav and William Konschak, 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 January 14, 1980 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to R-8 that property located at 1442 S. State Street, owned by Gustav and William Konschak.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: December 10, 1979
EXECUTIVE SESSION
Mr. Hardcastle moved that Council recess for an executive session to discuss personnel matters. The motion was seconded by Mr. Weyandt and unanimously carried.
RATIFICATION OF CITY POLICE MEMORANDUM OF UNDERSTANDING
Mayor Legates announced that the executive session was for the purpose of discussing the City Police Department Memorandum of Understanding.
Mr. Witt moved that Council ratify the City of Dover Police Memorandum of Understanding, seconded by Mr. Carey. By a unanimous roll call vote, the motion was approved.
Meeting Adjourned at 9:45 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of December 10, 1979, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
December 17, 1979
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