REGULAR MEETING
August 13, 1979
The Regular Meeting of Council was held on August 13, 1979 at 7:30 p.m. with Vice-Mayor Muir presiding. Members present were Messrs. McDonough, Weyandt, Hardcastle, Carey, Witt, Carson and Bewick. Mayor Legates was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
ADDITIONAL AGENDA ITEMS
Vice-Mayor Muir requested an addition to the agenda relating to the resignation of a Robbins Hose Company official.
Mr. Weyandt moved to approve the addition, seconded by Mr. Witt and unanimously carried.
MINUTES
The Minutes of the Regular Meeting of July 23, 1979 were unanimously approved by motion of Mr. Bewick, seconded by Mr. Carey and bore the written approval of Vice-Mayor Muir.
ANNEXATION - ROBERT AND JANET GEOGHEGAN - LOT #9 - MIFFLIN ROAD
The City Clerk reported the results of an annexation referendum held on August 13, 1979 for the property of Robert and Janet Geoghegan, Lot #9 Mifflin Road. As certified by officials of the Kent County Election Board, two votes were cast for inclusion into the corporate limits of the City and none against inclusion.
Based on the affirmative vote of those eligible to participate in the referendum, Mr. Witt moved for acceptance of the referendum results and adoption of the following resolution. The motion was seconded by Mr. Bewick and approved by a unanimous roll call vote.
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 bordering on the east side of Mifflin Road, bordered on three sides of the present City limits, 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 lot, piece or parcel of land contiguous to the boundary of The City of Dover, lying on the easterly side of Kent County Road #196, known as “Mifflin Road”, being lot #9 of an unrecorded plot of “Walker Mifflin Lots in East Dover Hundred”, the northwest corner of this lot being located 820' southerly from the division line between the whole Mifflin tract and lands now or late of Mrs. Rowe von Pleasanton; having a frontage on Mifflin Road of 100' extending back along radially divergent lines, 198.87' on the north, 201.14' on the south, to a width of 116.99' along a 15' wide alley on the east.
Also, the right-of-way of Road #196 - - Mifflin Road - - 60' wide, as it extends from the intersection of the extended westerly line of Mifflin Road with the southerly line of Kent County Road #73 - - Hazlettville Road - - (being the present boundary of The City of Dover) in a northerly direction about 1,700' to its intersection with the extended division line between the whole Mifflin tract, and lands now or late of Mrs. Rowe von Pleasanton.
Containing a combined area of 2.84 acres of land (0.0044 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 shall be the 14th day of August 1979 at 12:01 A.M. o’clock.
ADOPTED AUGUST 13, 1979
ANNEXATION - W. FRANK HEITE LANDS - EAST SIDE OF ROUTE #8
As certified by officials from the Kent County Election Board, the City Clerk reported one vote for inclusion into the corporate limits of the City of Dover and none against. Being the sole owner of said lands, W. Frank Heite cast the only eligible vote.
Mr. Bewick moved for acceptance of the annexation referendum results, seconded by Mr. Weyandt, and adoption of the following resolution, which was carried by a unanimous roll call vote.
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 bordering on the south side of the Hartly Road and north of the present City limits, 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 lots, piece or parcel of land contiguous to the boundary of The City of Dover, lying on the southerly side of Delaware Route #8, known in part as Forrest Street, and as Hartly Road, being all of lots #54, 55, 56, 33 and 68, and portions of lots #57 and 34 of a plot of “Country Club Estates”, of record in the Office of Recorder of Deeds for Kent County in Deed Record Book L, Volume 13, Page 408; having a frontage on Hartly Road of 180', and extending back southerly along a broken line on the east, about 1170.48' to line of lands now or late of Walker Mifflin (being the present boundary of The City of Dover), thence, with said Mifflin line, westerly about 697.56' to line of lands now or late of M.O. Robinson; thence, with said Robinson line, northerly about 796.18' to other lots of said Country Club Estates; thence, with said other Country Club Estates lots, easterly about 507' to the westerly line of this parcel; thence, with said westerly line, northerly about 455.5' to the southerly line of Hartly Road.
Also, the right-of-way of Delaware Route #8 - - Hartly Road - - 60' wide, as it extends from the present boundary of The City of Dover at the intersection of Hartly Road and Saulsbury Road, in a westerly direction about 7280' to its intersection with the present boundary of The City of Dover,, being the extended division line between lands now or late of Robino-Ladd Co. (Smith tract, former Elmer Lee Farm) and lands now or late of Jane Massey Draper.
Containing a combined area of 23.89 acres of land, more or less (0.037 square miles).
2. That the certified copy of the resolution of annexation togther 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 shall be the 14th day of August 1979 at 12:01 A.M. o’clock.
ADOPTED AUGUST 13, 1979
APPOINTMENT - DOVER HOUSING AUTHORITY - SIX YEAR TERM - HOWARD STEVENSON
Vice-Mayor Muir informed Council that Mayor Legates submitted the name of Howard Stevenson to serve a six year term on the Dover Housing Authority.
Mr. McDonough moved for approval of the appointment, seconded by Mr. Witt and unanimously carried.
SET PUBLIC HEARING - ORDINANCE AMENDMENT - NUMBER OF FOWL PERMITTED IN CORPORATE LIMITS
The Planning Commission submitted a recommendation to City Council to set a public hearing on September 10, 1979 at 8:00 p.m. to amend the zoning ordinance of the City of Dover, article 3, section 1, part 1.15 (d), striking the following words, “and not more than 25 fowl shall be permitted”.
Mr. Witt moved for approval of the recommendation, seconded by Mr. Bewick and unanimously carried.
CORRESPONDENCE
Arthur W. Henry, D.D.S. - Backstop - Dover Street Baseball Park
A letter was received from Dr. Arthur W. Henry, Secretary of the Medical Center Condominium Association, located at 748 South New Street, requesting that the City consider raising the existing backstop of the baseball field adjacent to his property. This would protect the windows of the medical center building from misguided baseballs during activities at the park.
Mr. Witt moved for referral of the Parks, Playgrounds and Trees Committee, seconded by Mr. McDonough.
Mr. Weyandt did not feel that the City should accept any responsibility for the problem since the owners must have known the potential danger before initiating construction of the complex. It was his opinion that the owner should accept all responsibility in this area.
After a brief discussion, Mr. Witt withdrew his motion for referral to the Parks, Playgrounds and Trees Committee as did Mr. McDonough his second.
Mr. Weyandt moved that the City Manager correspond with Dr. Henry, informing him that the City would be willing to correct the condition in any manner desirable for protection of Dr. Henry’s property if the owner would accept the total cost of the project.
The motion was seconded by Mr. Bewick.
Mr. Witt suggested that Dr. Henry be given the opportunity to decide the alternatives for protection of the building.
By a unanimous voice call vote, Mr. Weyandt’s motion was approved.
Request for Water and Sewer - Eugene & Sara Jones - Sate College Road
A letter was received from Eugene and Sara Jones of State College Road, requesting permission to tap into water and sewer services of the City of Dover.
Mr. McDonough moved for referral to the Utility Committee, seconded by Mr. Witt and unanimously carried.
Direction Signs - U.S. Route #13 - HAZ Corporation - 2nd Annual Cultural Appreciation Day
A letter was received from Ms. A.D. Shamsid-deen, Director of the Second Annual Cultural Appreciation Day function to be held at the City of Dover Municipal Park. The letter was requesting permission to place directional signs on U.S. #13, between Loockerman and Division Streets, directing patrons to the City Park area on the Whiteoak Road on August 18, 1979.
Mr. Roe stated that ordinances prohibit the placing of signs in such a manner and added that the matter would have to be cleared with the Highway Department. Mr. Roe also reminded Council of the precedent that might be set for other organizations requesting same in the future.
Mr. Bewick informed Council of a recent law suit conducted by the State of Delaware relating to signs placed on the highway, which resulted in substantial fines to those involved. He added that the Highway Department would probably reject such a request.
Mr. Witt moved for denial of the request, seconded by Mr. Bewick.
Mr. Hardcastle suggested that Mr. Roe write a letter to the organization explaining the legal ramifications of placing signs on U.S. Route #13.
Mr. Witt’s motion for denial of the request was unanimously carried.
RESIGNATION - FRED SEMANS - FIRE CAPTAIN
A letter was received from Fire Captain Semans, resigning that position with the Robbins Hose Company, effective immediately.
Vice-Mayor Muir informed Council that replacement procedures would be submitted by Chief Baker in the near future.
VACATION REQUESTS - TAX ASSESSOR WILLIAM HAYES & CITY CLERK WILLIAM WILLIS
A request for vacation was received from Tax Assessor Hayes and City Clerk Willis for the last week in August and was unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Carey.
COUNCIL RECESS
At this point, Council recessed until 8:00 p.m.
PUBLIC HEARING - REZONING - 846 & 860 S. STATE STREET - DR. ROBERT KIDD, III
A public hearing was duly advertised for this time and place to consider the rezoning of properties located at 846 & 860 South State Street, owned by Dr. Robert Kidd, III, for the purpose of professional offices.
Vice-Mayor Muir declared the hearing open.
A letter from John M. Lester, Lester Lumber and Home Center, Inc., requested that the public hearing be canceled for additional time to prepare a site plan to overcome all possible objections that residents in the area may have.
Vice-Mayor Muir declared the hearing closed.
Mr. Hardcastle moved for acceptance of the letter requesting cancellation of the public hearing, seconded by Mr. Witt and unanimously carried.
PUBLIC HEARING - REZONING - LOTS #7 - #9 SPRUANCE ROAD - LASCO DEVELOPMENT CO., INC.
A public hearing was duly advertised for this time and place to consider rezoning property known as lots #7 - #9 Spruance Road, owned by LasCo Development Co., Inc., for the purpose of constructing duplex homes. Vice-Mayor Muir declared the hearing open.
Mr. John L. Sminkey, representing LasCo Development Co., Inc., was present to speak for the rezoning, explaining the company’s intention of building duplex homes on lots #7 - #9.
Vice-Mayor Muir declared the hearing closed.
Mr. Hardcastle moved for approval of the rezoning, seconded by Mr. Witt 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 AT LOTS #7 - #9 SPRUANCE ROAD.
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-7 to RG-1.
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 lots #7 - #9 Spruance Road, owned by LasCo Development Co., Inc., from R-7 to RG-1.
ADOPTED AUGUST 13, 1979
ADJOURNMENT
Mr. McDonough moved for adjournment, seconded by Mr. Hardcastle and unanimously carried.
Meeting adjourned at 8:03 p.m.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of August 13, 1979, are hereby approved.
JAMES P. MUIR
VICE-MAYOR
August 20, 1979
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