REGULAR MEETING
July 23, 1979
The Regular Meeting of Council was held on July 23, 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
Mr. Bewick moved that an item appearing on the agenda, under the heading of “Sewer Assessment Policy - Uniform Front Foot Charge”, be deleted and referred back to the Utility Committee. The motion was seconded by Mr. Witt and unanimously carried.
MINUTES
Mr. Witt referred to the Minutes of July 9, 1979 which reflected a policy adoption for sewer installation and property assessment with a uniform front foot charge of $14.00.
It was pointed out in a letter from the City Clerk that the motion for adoption actually failed by a vote of four (4) yes, three (3) no. He moved that the Minutes be approved as submitted with the exception of that portion, as outlined above, which should reflect that a policy was not adopted due to a negative vote. The motion was seconded by Mr. Carey and unanimously carried.
The Minutes bore the written approval of Mayor Legates.
MONTHLY REPORTS
Chief of Police Report for the Month of June
The Chief of Police Report for the Month of June was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Building Inspector & Fire Marshal Report for the Month of June
The Building Inspector & Fire Marshal Report for the Month of June was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
City Alderman Report for the Month of June
The City Alderman Report for the Month of June was unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Bewick.
General Fund, Cash Receipts Report for the Month of June
The General Fund, Cash Receipts Report for the month of June was unanimously approved by motion of Mr. Witt, seconded by Mr. McDonough.
General Fund, Budget Report for the Month of May
The General Fund, Budget Report for the month of May was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Electric Revenue Fund, Cash Receipts Report for the Month of June
The Electric Revenue Fund, Cash Receipts Report for the month of June was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Electric Revenue Fund, Budget Report for the Month of May
The Electric Revenue Fund, Budget Report for the month of May was unanimously approved by motion of Mr. McDonough, seconded by Mr. Bewick.
Electric Improvement & Extension Fund, Receipts & Disbursements Report - June
The Electric Improvement and Extension Fund, Receipts & Disbursements Report for the month of June was unanimously approved by motion of Mr. McDonough, seconded by Mr. Carey.
Library Fund, Cash Receipts & Disbursements Report - June
The Library Fund, Cash Receipts & Disbursements Report for the month of June was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Hardcastle.
General Capital Fund, Cash Receipts & Disbursements - April, May and June
The General Capital Fund, Cash Receipts & Disbursements Report for the months of April, May and June was unanimously approved by motion of Mr. McDonough, seconded by Mr. Bewick.
Municipal Street Aid Fund, Cash Receipts & Disbursements - April, May and June
The Municipal Street Aid Fund, Cash Receipts & Disbursements Report for the month of April, May and June was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
City Manager’s Report for the Month of June
Mr. Weyandt referred to the City Manager’s Report and Mr. Schucker’s Report from the Power Plant which related to sludge in the fuel storage tanks at McKee Run. He advised those present that there are methods of testing the product to determine the percentage of contaminants and wondered if such procedures are being practices by personnel at the plant.
Mr. Schucker’s report indicated that number #1 fuel storage tank contained approximately 16,505 gallons of sludge. At 43¢ per gallon, Mr. Weyandt stated that this amounted to a sizeable amount of money, especially if each shipment contained a more than normal amount of sludge. He also asked if the tankers were sealed at the source before transport.
Mr. Hodge advised Council that random samples are taken twice a day at the plant for incoming shipments. He reminded Mr. Weyandt that the 16,505 gallons of sludge is an accumulation over a period of approximately 6½ years. He was not sure if the tank wagons are sealed on arrival but stated that he would check into the matter.
Mr. Weyandt moved that the matter of samples to determine sludge and sealing of tank wagons at the terminals be referred to the Utility Committee for review and a full report to Council at a later date. The motion was seconded by Mr. Bewick and unanimously carried.
Mr. Weyandt moved for approval of the City Manager’s Report, seconded by Mr. Bewick and unanimously carried.
J.P. COURT #7 REPORT FOR THE MONTH OF JUNE
A check was received from J.P. Court #7 for the month of June in the amount of $7,344. Mr. Willis advised Council that deferred payments as of June 30th would be submitted in the month of August.
By motion of Mr. Witt, seconded by Mr. Carey, the J.P. Court #7 Report for the month of June was unanimously approved.
DOWNTOWN REVITALIZATION - PROGRESS REPORT
A detailed financial and progress report on the status of the Downtown Revitalization Program was submitted by Mr. O’Neill, City Engineer.
Mr. Hodge reported that the project was progressing satisfactorily, in accordance with the projected completion date.
The report indicated that the Engineer’s office estimated a completion date of August 31, 1979.
PROPOSED DEDICATION OF FREEDOM AND LIBERTY DRIVES - BICENTENNIAL VILLAGE
Mr. Hodge reported that the deeds for Freedom and Liberty Drives in Bicentennial Village are now in the hands of the City of Dover along with a $5,600, one year escrow account. The streets have been inspected by various departments of the City of Dover and found in acceptable condition. It was the recommendation of the City Manager’s Office that the dedication and acceptance be approved.
Mr. Bewick moved for the recommendation of the City Manager’s Office, seconded by Mr. Hardcastle and unanimously carried.
BID RESULTS - ANNUAL RESURFACING PROGRAM
Mr. Hodge informed Council that bids have been received and are ready for presentation to initiate the repairs of potholes caused by severe winter damage. The appropriation in the amount of approximately $59,800 is a supplement granted by the State of Delaware. To qualify, work must begin by September and all work completed by December 30th. The successful bidder was Warren Brothers at $25.95 per ton installed. Preparation such as digging out and filling with quarry waste will be performed by City crews. If for some unforeseen reason, City crews cannot perform the work, an additional bid of $250 per eight hour work day was received from Warren Brothers.
The streets under priority #1 that will receive repairs are as follows: Pear Street, from William Street to Walker Road; Wyoming Avenue from Governors Avenue west to the railroad; Queen Street from Water Street to North Street; River Road, the entire length.
After completion of the aforementioned streets, if any of the appropriations remain, priority #2 list will begin with repairs to A Street.
Mr. Witt moved to approve the City Manager’s recommendation as presented, seconded by Mr. Carey and unanimously carried.
PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON SOUTH STATE STREET EXTENDED - RUDNICK
A public hearing was duly advertised for this time and place to consider the rezoning of property located on South State Street Extended, known as Rudnick property, for the purpose of a professional building. The owner of record is Rudnick Estates, Inc. The equitable owner is Thomas W. Mercer, D.M.D. Vice-Mayor Muir declared the hearing open.
Attorney Joshua Twilley was present to represent the owner of the property and respectfully requested approval as recommended by the Planning Commission. The Planning Commission’s approval was based on a stipulation that no other parcels of land on the property would be presented for rezoning until an overall development plan had been completed.
It was Mr. Bewick’s feeling that Council had stipulated during the last rezoning that no more applications would be considered until an overall plan of the plot had been completed.
Mr. Twilley recollected that this was a concern of Council at the time of the previous rezoning but did not feel that it was a stipulation.
He informed Council that the existing structures on the plot of land that had received a new zoning category are contiguous with the application being presented. A professional building, such as the type that Dr. Mercer is contemplating, would be compatible with the use of the adjoining land.
Questioned by Mr. McDonough on the validity of Council’s refusal to rezone any more parcels contingent upon a completed plan of the entire plot, the City Solicitor stated that Council had the right to reject the rezoning under any circumstances although suggested possibly a moratorium on future rezonings until such time that a completed plan of the entire parcel is presented.
Dr. Mercer, equitable owner, raised a point that Mrs. Berkman did not wish to become a developer. Relating to Council’s thoughts that no other individual plots would be considered for rezoning until an overall plan for development of the entire plot is presented, it was his opinion that Council would be discriminating against any future individual who wished to purchase a portion of the land. Only a developer who could afford the design of streets, utilities and produce a full scale plot plan would be permitted to purchase the Rudnick tract.
Mr. Bewick stated that Council had certain responsibilities to the public and he personally would never vote for another individual plot of the entire parcel until such time as an overall plan of the tract is presented.
Mr. Twilley assured Council that the individual plots on the land would be treated as a part of the overall plan of the entire tract.
Vice-Mayor Muir declared the hearing closed.
Mr. Weyandt moved for approval of the rezoning, with a stipulation that a moratorium be called on any further development until such time as an overall plan of the entire tract is presented. 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 SOUTH STATE STREET EXTENDED.
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-0.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation on property located at South State Street Extended (Rudnick tract), owned by Rudnick Estates, Inc., from R-20 to RG-0.
ADOPTED JULY 23, 1979
PUBLIC HEARING - AMENDMENT TO ZONING TEXT - REQUIREMENTS FOR ADULT ENTERTAINMENT FACILITIES
A public hearing was duly advertised for this time and place to consider an amendment to the zoning text that would establish requirements for adult entertainment facilities. Vice-Mayor Muir declared the hearing open.
Ms. Sue Wheeler, Chairman of the State Commission on Adult Entertainment and Massage Parlors, was present and inquired of Mr. Rodriguez if the ordinance to be considered was patterned after an ordinance adopted by Kent County on adult entertainment facilities.
Mr. Rodriguez answered affirmative, with some additions that Mr. Roe and himself felt appropriate in the case of the City of Dover.
Ms. Wheeler referred to an ordinance recently amended in New Castle County that restricts adult entertainment facilities by 2,800' from any school, church or any other place of worship and suggested that the City of Dover might also want to consider a like restriction.
Mr. Rodriguez stated that he felt the specified 1,500' incorporated in the proposed ordinance of the City of Dover would be adequate.
Mr. Roe added that the City of Dover has a Conditional Use and a Public Hearing which the county of New Castle does not require.
Vice-Mayor Muir declared the hearing closed.
By motion of Mr. McDonough, seconded by Mr. Bewick, Council by a unanimous roll call vote, adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Zoning Code of the City of Dover is hereby amended in the following respects:
1. Article 12 is amended by adding the following definition:
Adult Entertainment Establishment. Any establishment or portions thereof which offers sexually oriented material, devices, paraphernalia, services, performances, or any combination thereof, or in any other form, whether printed, filmed, recorded or live. The term “sexually oriented” shall be interpreted in the context of the following specified sexual activities and anatomical areas:
1. Genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse, sodomy, sadism, masochism or bestiality;
3. Fondling or other erotic touching of the human genitals, pubic region, buttocks, or female breasts;
4. Less than completely and opaquely covered:
a. Human genitals, pubic region;
b. Buttocks; and
c. Female breasts below a point immediately above the top of the areola;
5. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
The term Adult Entertainment Establishment shall encompass but shall not be limited to what is commonly known as massage parlors, adult book stores and adult entertainment centers.
2. Article 3, Section 16.12 is amended by adding the following:
1. Adult Entertainment Establishment, subject to the provisions stated in Article 5, Section 15.
3. Article 5 is amended by adding a new section to be designated Section 13 to read as follows:
Section 13. Adult Entertainment Establishment.
An Adult Entertainment Establishment is permitted as a conditional use in the Highway Commercial Zone (C-4) only and in no other zone and is subject to the following restrictions:
13.1The building lot line upon which an Adult Entertainment Establishment is to be located shall be at least 500 feet from any residential zone.
13.2The lot line of the lot upon which an Adult Entertainment Establishment is to be located shall be at least 1,500 feet from the lot line of any other Adult Entertainment Establishment.
13.3An application for a Certificate of Occupancy shall be accompanied by a photocopy of a valid license when such license is required by Chapter 16, Title 24, Del. C.
13.4All building openings, entrys and windows shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semi-public area.
ADOPTED JULY 23, 1979
PUBLIC HEARING - CONDEMNATION OF PROPERTY - EAST SIDE OF ROUTE #88 - DOVER ASSOCIATES
A public hearing was duly advertised for this time and place to consider condemnation of a property located on the east side of Route #88 (Dover-Leipsic Road) owned by Dover Associates. Vice-Mayor Muir declared the hearing open.
Mr. Roe presented slides depicting various violations of the code and informed Council that he had received no correspondence as a result of his notification to condemn.
There was no one present to speak for or against the condemnation or demolition.
Vice-Mayor Muir declared the hearing closed.
Mr. Bewick moved to demolish the structure with Mr. Roe accepting one low bid of three and that a lien be placed against the property for the appropriate cost of demolition. The motion was seconded by Mr. McDonough and unanimously carried.
PUBLIC HEARING - DEMOLITION OF GARAGE - 202 AMERICAN AVENUE - JOHN R. & NORMA COLLINS
A public hearing was duly advertised for this time and place to consider condemnation of a garage located at 202 American Avenue, owned by John R. & Norma Collins. Vice-Mayor Muir declared the hearing open.
Mr. Roe informed Council that the garage in question had been demolished and cleared away by the owner, therefore, the matter could be withdrawn as a consideration of Council.
Vice-Mayor Muir declared the hearing closed with no further action necessary.
PUBLIC HEARING - DEMOLITION OF HOUSE - 411 REED STREET - JOHN W. PITTS
A public hearing was duly advertised for this time and place to consider the demolition of a house located at 411 Reed Street, owned by John W. Pitts. Vice-Mayor Muir declared the hearing open.
Mr. Roe presented slides depicting various violations of the code.
There was no one present to speak for or against the demolition.
Vice-Mayor Muir declared the hearing closed.
Mr. Bewick moved to demolish the structure with Mr. Roe accepting one low bid of three, and that a lien be placed against the property for appropriate cost of demolition. The motion was seconded by Mr. Hardcastle and unanimously carried.
PUBLIC HEARING - DEMOLITION OF HOUSE - 18 NORTH KIRKWOOD STREET - SAMUEL MOSLEY
A public hearing was duly advertised for this time and place to consider the demolition of a house located at 18 North Kirkwood Street, owned by Samuel Mosley (c/o Coleman Mosley). Vice-Mayor Muir declared the hearing open.
Mr. Roe presented slides depicting various violations of the code. He also presented a letter from Samuel Mosley stating that the property had been transferred to Coleman and Elaine Mosley. The latter appeared in his office with Mr. Howard Stevenson and requested that Council delay the demolition for thirty (30) days to give them an opportunity to apply for a building permit to facilitate complete renovation for compliance with City of Dover codes. Mr. Stevenson assured Mr. Roe that this would be accomplished.
On a basis of Mr. Stevenson’s assurance of renovation, Mr. Roe recommended a thirty (30) day extension on demolition of the structure.
There was no one present to speak for or against the demolition.
Vice-Mayor Muir declared the hearing closed.
Mr. McDonough moved to approve the thirty (30) day extension as recommended by Mr. Roe, seconded by Mr. Weyandt and unanimously carried.
PUBLIC HEARING - 101 SPRUANCE ROAD, LOT #40 - LOT #1 BLOCK C - LOTS #33 & #34 - PLEASANTON
A public hearing was duly advertised for this time and place to consider demolition of structures located on lot #40 - small house, lot #1 - Block C (101 Spruance Road) and lots #33 and #34, consisting of a trailer on the corner of an alley, owned by the John Pleasanton Estate (c/o B.J. Caniford). Vice-Mayor Muir declared the hearing open.
Mr. Roe presented slides depicting the various violations that consisted of a small house, a portion of a house and a camper-trailer, surrounded by a grown up area. He presented a letter from Ms. Betty Jean Caniford, acknowledging the notification and requesting that Council approve a date of August 20, 1979 for compliance with Mr. Roe’s notice. The letter stated that she would resolve the matter personally.
Mr. Roe recommended that Council approve the request for an extension with all improvements accomplished by August 20th and if the violations are not resolved by that date, his office would proceed with the demolition in the usual form of three bids and a lien against the property for the appropriate cost.
There was no one present to speak for or against the violation.
Vice-Mayor Muir declared the hearing closed.
Mr. Bewick moved for the recommendation of Mr. Roe, seconded by Mr. Carey and unanimously carried.
PUBLIC HEARING - DEMOLITION OF STRUCTURE - SOUTH SIDE OF WHITEOAK ROAD - 5.68 ACRES - PARKVIEW, INC.
A public hearing was duly advertised for this time and place to consider demolition of a barn and clearance of the land, consisting of 5.68 acres, located on the south side of Whiteoak Road, owned by Parkview, Inc. Vice-Mayor Muir declared the hearing open.
Mr. Roe presented slides of the area, which contained a portion of an old barn and other debris scattered about the entire acreage. He added that the property also contained a small pond which was very dangerous to children playing in the area. Considering the amount of debris and demolition of the barn, Mr. Roe stated that considerable cost would be involved to clear the property.
Since no correspondence had been received in answer to his official notice, Mr. Roe recommended that the City proceed immediately to improve the property.
There was no one present to speak for or against the demolition and clearance of the property.
Vice-Mayor Muir declared the hearing closed.
Mr. Bewick moved to demolish the structure on the property, clear and level the land and make it safe for residents in the surrounding area. Mr. Roe was instructed to accept one low bid of three and that a lien be placed against the property for the appropriate cost of demolition and clearing. The motion was seconded by Mr. Carey and carried by a unanimous vote.
REZONING - SOUTH SIDE OF JEFFERIC BOULEVARD AT INTERSECTION OF U.S. ROUTE 13 - JEFFERIC ENTERPRISES
Vice-Mayor Muir called for a motion to remove the rezoning from the table which was moved by Mr. Witt and seconded by Mr. Bewick. The motion was unanimously carried.
The City Clerk read into the record a letter from Mr. Nathan Cohen, representing Jefferic Enterprises, Inc., that requested withdrawal of the rezoning request. Council recognized the request for withdrawal and no further action was taken.
CORRESPONDENCE
Public Transportation - Dover Area - Bruce Gibson
A letter was received from Mr. Bruce Gibson, expressing concern for the lack of public transportation in the Dover area. He requested any information available on the City’s consideration or proposal to initiate a public transportation system.
Mr. Witt moved for acknowledgment of letter, seconded by Mr. Bewick and unanimously carried.
Kent County Theatre Guild - Directional Signs - U.S. Route #13 & Roosevelt Avenue
A letter was received from Mrs. William Orange, from the Kent County Theatre Guild, requesting permission to erect two directional signs on U.S. Route #13, approaching Roosevelt Avenue from north and south indicating the location of their Patchwork Playhouse.
Mr. Roe stated that this would be in direct violation of the code and reminded Council that many similar requests have been denied.
Questioned by Mr. McDonough, Mr. Bewick stated that if the City approved such a request, the State Highway would over-ride and deny the erection of the signs.
On the basis of the aforementioned, Mr. Witt moved for denial of the request, seconded by Mr. Weyandt and unanimously carried.
Gospel Tent - Kirkwood & Fulton Streets - Mt. Zion Church
A letter was received from Elder Robert F. Neil, International Executive Secretary of the Mt. Zion Temple Christian Community Church of Crist, Inc., requesting permission to erect a gospel tent at the intersection of Kirkwood & Fulton Streets for two weeks, beginning August 6th or 7th.
Mr. Hardcastle informed Council that he had contacted residents of the area and found no opposition to the request other than a maximum time for services, if approved by Council, between the hours of 7:00 p.m. to 10:00 p.m.
Mr. Hardcastle moved for approval of the gospel tent for two weeks, beginning on August 6th or 7th, with the stipulation that services last no longer than 10:00 p.m. The motion was seconded by Mr. Witt and unanimously carried.
Meeting Adjourned at 8:50 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of July 23, 1979, are hereby approved.
JAMES P. MUIR
VICE-MAYOR
July 30, 1979
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