REGULAR MEETING
December 11, 1972
The regular meeting of City Council was held on Monday, December 11, 1972 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Harris, Hayes, Holmes, Holpp, Muir and Walls. Councilman Legates was absent.
MINUTES
The minutes of the Council meeting of November 27, 1972 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police report for the month of November was accepted.
Building Inspector & Fire Marshal report for the month of November was accepted.
City Planner report for the month of November was accepted.
Alderman report for the month of November was accepted, fines in the amount of $1,043 were remitted.
Cash Receipts, General Fund, for the month of November were accepted.
Budget Report, General Fund, for the month of July through October were accepted.
Cash Receipts, Electric Revenue Fund, for the month of November were accepted.
Cash Receipts, Electric Improvement Fund, for the month of November were accepted.
City Manager report for the month of November was accepted.
REVENUE SHARING CHECK
A check was received this date from the Federal Government to cover the first six (6) months of the Revenue Sharing recently passed into law. The check was in the amount of $245,293.00. This money was deposited in the Bank of Delaware on 90 day certificate at the interest rate of 5 1/4%.
1973 REVENUE BONDS AND REFUNDING BONDS
Mr. John Miller, representing Merrill Lynch, Pierce, Fenner & Smith, was present and addressed Council concerning the refinancing of the 1965 and 1970 Revenue Bonds. In a most recent workshop, Council asked that Mr. Miller explore the possibility of defeasing both the 1965 and 1970 issues. Mr. Miller at this time recommends that only the 1970 Revenue Bonds be defeased. On motion of Mr. Holpp, seconded by Mr. Muir, Council directed that the necessary resolutions be drawn that would permit the defeasence of the 1970 Revenue Bonds and the issuance of new bonds for the completion of McKee Run Generating Station.
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playgrounds & Trees Committee meeting held on November 30, 1972 was presented by Chairman Walls. On motion of Mr. Hayes, seconded by Mr. Biggs, Council accepted the report as presented.
ANNUAL AUDITS
Mr. William Manter was present and presented to Council the annual audits of the General Fund and the Electric Revenue Fund, for the fiscal year ending June 30, 1972. Mr. Manter highlighted both funds and the areas of both increase and decrease in the past fiscal year. On motion of Mr. Hayes, seconded by Mr. Biggs, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Legates, accepted the audit of the Electric Revenue Fund for the fiscal year ending June 30, 1972.
Certain recommendations were made by the auditor in regard to both the General and Electric Funds. On motion of Mr. Walls, seconded by Mr. Harris, Council directed that the Legislative & Finance Committee look into these recommendations and the correction of same and report back to Council.
ROBBINS HOSE COMPANY FIRE CHIEFS
On motion of Mr. Harris, seconded by Mr. Holmes, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’ Mr. Legates, confirmed the appointment of the following Fire Chiefs for the year of 1973.
CHIEF WILLIAM RHODES
DEPUTY CHIEF KLINE KEMP, JR.
ASSISTANT CHIEFS EDWIN BAKER, JR.
CARLETON CAREY
CHARLES H. BOYER
PLANNING COMMISSION APPOINTMENTS
Due to two recent vacancies on the City of Dover Planning Commission, Mayor Carroll presented to Council the names of two of Dover’s citizens to fill these following vacancies. On motion of Mr. Walls, seconded by Mr. Harris, Council confirmed the appointment of D. Julian Massey, whose term will expire February 28, 1974. On motion of Mr. Hayes, seconded by Mr. Walls, Council confirmed the appointment of Mrs. Sarah Hastings, whose appointment will expire February 28, 1975.
STATE HIGHWAY MEETING
A letter was received by the City of Dover during the week of December 4, 1972 announcing a meeting of the Council on Highways to consider the East-West Dover Connector. This letter was read to Council at this time. The meeting has been set for Thursday, December 14, 1972. This conflicts with a long scheduled meeting of the Delaware League of Local Governments to be held on the same night. After much consideration the Council considered the following resolution. On motion of Mr. Hayes, seconded by Mr. Walls, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Legates, adopted the following resolution and at the same time requested the Highway Department be made aware of the feelings of Council, those being that they are opposed to construction of the proposed cross-town route at the intended sights and alignments.
WHEREAS, the Mayor and Council of the City of Dover and the members of the administrative staff of the City of Dover have made it a practice to attend the meetings of the Delaware League of Local Governments; and
WHEREAS, the Delaware League of Local Governments will hold a meeting in the evening of December 14, 1972, which meeting has been scheduled one year in advance; and
WHEREAS, the Mayor and Council of the City of Dover and the members of the administrative staff have made plans to attend this meeting; and
WHEREAS, on Thursday, December 7, 1972, the Mayor and Council received a letter from the Department of Highways and Transportation of the State of Delaware advising them that a hearing would be held on the evening of December 14, 1972 to consider the cross-town road in the City of Dover, this letter being received just seven days before the proposed meeting; and
WHEREAS, the Mayor and Council duly contacted the Secretary of the Department of Highway and Transportation and advised him of the conflict with the meeting of the Delaware League of Local Governments and asked the Secretary to postpone the scheduled meeting with the Department of Highways and Transportation; and
WHEREAS, the Secretary of the Department of Highways and Transportation duly advised the Mayor and Council that such a postponement would not be granted.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council and the members of the City staff feel that they cannot refuse to attend the meeting of the Delaware League of Local Governments which has been scheduled over one year in advance for December 14, 1972.
2. That because of the conflict in dates, the Mayor and Council and the members of staff cannot attend the meeting with the Department of Highways and Transportation, notification of which meeting was given only seven days prior to the date of same.
3. That the Mayor and Council of the City of Dover hereby oppose the holding of the meeting scheduled by the Department of Highways and Transportation on December 14, 1972, since they will not be present nor will any of their members of staff be present because of the conflict with the Delaware League of Local Governments meeting.
ADOPTED DECEMBER 11, 1972
CAPITAL GRANGE TAX EXEMPT STATUS
A request was once again read concerning the application of the Capital Grange No. 18 for tax exempt status with the City of Dover. The request was held over from the meeting of November 27, 1972. On motion of Mr. Holmes, seconded by Mr. Muir, Council directed the City Manager to contact the Grange, and explain to them that the proper notification and application must be submitted to the City prior to consideration of this request, as per the City Code, and that upon this receipt, this request would be referred to the Legislative & Finance Committee for their study and recommendation.
MARKOWITZ REZONING
A request has been received from Isidor Markowitz to rezone land he owns located on White Oak Road. A public hearing is required prior to amending the Zoning Ordinance. On motion of Mr. Walls, seconded by Mr. Harris, Council 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 ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain land located on the south side of White Oak Road is presently zoned for R-20 use; and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Ordinance and Zoning Map.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER.
1. That a public hearing be held in City Hall on Monday, January 8, 1973 at 8:00 PM on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezone from R-20 to RG-2 that land lying on the south side of White Oak Road, owned by Isidor & Henrietta Markowitz, and containing approximately 20 acres.
2. That notice of this public hearing be held in accordance with the provisions of the Delaware Code.
ADOPTED DECEMBER 11, 1972
FINNEGAN REZONING REQUEST
A request was received from John R. Finnegan to rezone land he owns located on the south side of White Oak Road west of Long Point Road. A public hearing is required prior to amending the Zoning Ordinance of the City of Dover. On motion of Mr. Walls, seconded by Mr. Harris, Council 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 ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain land located on the south side of White Oak Road, west of Long Point Road is presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Ordinance of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER.
1. That a public hearing be held in City Hall on Monday, January 8, 1973 at 8:00 PM on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezone from R-20 to R-8 that property lying on the south side of White Oak Road, west of Long Point Road, owned by John R. Finnegan, and containing approximately 27.983 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED DECEMBER 11, 1972
MIS-RISE (RG-5) ZONING CLASSIFICATION
A public hearing was duly advertised for this time and place to consider the adoption of a zoning classification that would permit Mid-Rise apartment buildings, five stories. Mayor Carroll declared the hearing opened. No one was present to speak for or against the request. The Planning Commission has recommended approval as submitted. Mayor Carroll declared the hearing closed. On motion of Mr. Holmes, seconded by Mr. Hayes, Council by a unanimous roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Legates, adopted the following ordinance.
AN ORDINANCE AMENDING THE CITY OF DOVER ZONING ORDINANCE THAT WOULD PERMIT THE ESTABLISHMENT OF A MID-RISE ZONING CLASSIFICATION (RG-5).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER.
1. That the following zoning classification has been this date established by the adoption and approval of this ordinance, the zoning classification being as follows:
GENERAL RESIDENCE ZONE FOR MID-RISE APARTMENTS (RG-5)
1. USES PERMITTED - In general Residence Zone for Mid-rise Apartments no building or premises shall be used, or no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following:
a. Any use permitted in One-Family Residence Zones.
b. Dwellings for two or more families, provided that the entire lot occupied by a multiple dwelling shall be maintained in single ownership throughout the life of the building, or in multiple ownership under the provisions of the laws of the State of Delaware relative to condominiums.
c. The sale of the following commodities and services are permitted, as accessory uses and appropriate adjuncts to an apartment house, which are designed to serve the tenant’s daily needs; food, drugs, sundries and personal services, provided that:
i. Such uses are limited to the main floor of the building or below; and
ii. There is no direct entrance thereto from the outside of the building; and
iii. No part of such accessory use or the entrance thereto is visible from a sidewalk; and
iv. No sign or display indicating the existence of such accessory use is visible from the outside of the building; and
v. The accessory uses authorized under this sub-paragraph are intended to supply tenants of the apartment house with commodities and services supplementary to those established in the Commercial Districts.
2. SITE DEVELOPMENT PLAN APPROVAL - Site Development Plan Approval in accordance with Section 10.2 hereof shall be required prior to issuance of building permits for the erection or enlargement of all structures and prior to the issuance of certificates of occupancy for any change in use.
3. BULK AND PARKING REGULATIONS FOR GENERAL RESIDENCE ZONE FOR MID-RISE (RG-5)
RG-5 ZONE
MINIMUM REQUIRED:
Lot area (sq. ft.) None prescribed
Lot Width (ft.) 50
Lot Depth (ft.) None prescribed
Front Yard (ft.) 15
Side Yard (ft.) At the ground level or at any setback level one-sixth of the height of the nearest outside wall of the building measured in each case from the average level of the finished grade along side of the building, but in no case less than 5 feet.
Rear Yard (ft.) At the ground level or at any setback level, one-sixth of the height of the nearest outside wall of the building measured in each case from the average level of the finished grade along the rear of the building, but in no case less than 15 feet.
Off-Street Parking Spaces 2 / DU
Accessory Commercial Uses 1 per employee or 1 per 300 sq. ft. of
Parking Spaces floor area, whichever is greater.
Open Space 25 per cent of the lot area shall be devoted to open area, not including parking areas.
MAXIMUM PERMITTED:
Building Height
Stories 6
Feet 70
Floor Area Ratio 2.0
ADOPTED DECEMBER 11, 1972
BUCKSON-RICHARDSON REZONING
A public hearing was duly advertised for this time and place, to consider the rezoning of land owned by David P. Buckson and Edward H. Richardson located on Route 8, Hartly Road. Mayor Carroll declared the hearing opened. Mr. Buckson was present and spoke on behalf of the rezoning. No one else was present to speak for or against the rezoning. The Planning Commission has recommended approval of this request. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Walls, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Legates, 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 PROPERTY LOCATED ON ROUTE 8, OWNED BY DAVID P. BUCKSON AND EDWARD H. RICHARDSON FROM R-20 AND R-8 TO RG-2 USE.
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 the property described below from R-20 and R-8 to RG-2.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER.
1. That from and after the passage and approval of this ordinance, the Zoning Ordinance and Zoning Map of the City of Dover shall be amended by changing the zoning designation from R-20 and R-8 to RG-2 on that property located on the northside of Route 8, owned by David P. Buckson and Edward H. Richardson, containing approximately 23.67 acres.
ADOPTED DECEMBER 11, 1972
OUTTEN-TRIBBLE REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land owned by Ronald Outten and Billy Tribble located at the intersection of Saulsbury Road and Carver Road. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has recommended approval of this request. Mayor Carroll declared the hearing closed. On motion of Mr. Harris, seconded by Mr. Walls, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Legates, 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 PROPERTY LOCATED AT THE NORTHEAST CORNER OF SAULSBURY AND CARVER ROADS FROM RG-1 TO C-1A USE.
WHEREAS, The City of Dover has enacting 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 the property described below from RG-1 to C-1A.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER
1. That from and after the passage and approval of this ordinance the Zoning Ordinance and Zoning Map of the City of Dover shall be amended by changing the zoning designation from RG-1 to C-1A on that property located on the northeast corner of Saulsbury and Carver Roads, owned by Billy Tribble and Ronald Outten and containing approximately 16,000 square feet.
ADOPTED DECEMBER 11, 1972
CLAIRE WILLIAMS, ETC. REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of properties located at 575, 585, 589 and 595 North DuPont Highway. Mayor Carroll declared the hearing opened. Mrs. Claire Williams, representing the owners of these properties was present and addressed Council favoring this request. The Planning Commission has recommended that this request be denied until an overall development plan of the area can be presented. Mayor Carroll declared the hearing closed. On motion of Mr. Holmes, seconded by Mr. Holpp, Council by a roll call vote of 6 ‘yes’, 1 ‘no’, Mr. Muir and 1 ‘absent’, Mr. Legates, denied the request as outlined above.
HARTNETT REALTY REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on Forest Street owned by Hartnett Realty Company. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has recommended approval of this request. Mayor Carroll declared the hearing closed. On motion of Mr. Walls, seconded by Mr. Holmes, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Legates, 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 PROPERTY LOCATED ON FOREST STREET OWNED BY HARTNETT REALTY COMPANY FROM RG-1 TO C-3 USE.
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 from RG-1 to C-3 on that property described below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER
1. That from and after the passage and approval of this ordinance the Zoning Ordinance and Zoning Map of the City of Dover shall be amended by changing the Zoning designation from RG-1 to C-3 on that property located on Forest Street owned by Hartnett Company and containing approximately 0.6 acres.
ADOPTED DECEMBER 11, 1972
TONART CONSTRUCTION REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of property on Spruance Road owned by Tonart Construction Co. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has not made a recommendation on this request at this time. Mayor Carroll declared the hearing closed. On motion of Mr. Walls, seconded by Mr. Holmes, Council deferred action on this request pending a recommendation of the Planning Commission.
CEDAR DEVELOPMENT REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of property located on the east side of Acorn Lane owned by Cedar Development Co. Mayor Carroll declared the hearing opened. Nate Cohen representing the owner and development owners was present and addressed Council on behalf of the request. The Planning Commission has recommended that the request for RG-2 be changed to RG-1 in the same area proportions as requested. Mayor Carroll declared the hearing closed. On motion of Mr. Holmes, seconded by Mr. Walls, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Legates, adopted the following ordinance and approved the recommendation of the Planning Commission.
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 EAST SIDE OF ACORN LAND OWNED BY CEDAR DEVELOPMENT COMPANY FROM R-20 to R-8 AND RG-1.
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 the property described below from R-20 to RG-1 and R-8.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER
1. That from and after the passage and approval of this ordinance the Zoning Ordinance and Zoning Map of the City of Dover shall be amended by changing the zoning designation from R-20 to RG-1 (122.84 acres) and R-8 (50 acres) on that property located on the eastside of Acorn Lane, owned by Cedar Development Company.
ADOPTED DECEMBER 11, 1972
GRACE EVERETT REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of the property located at 155 American Avenue. Mayor Carroll declared the hearing opened. Mr. Wayne Holden, representing some property owners in the neighborhood, addressed Council and requested that they consider the denial of this request. The Planning Commission has recommended that this request be denied. No one else was present to speak for or against the rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Holpp, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Legates, denied the request to rezone the property located at 155 American Avenue from R-8 to C-1A.
ROBERT TUDOR REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land owned by Robert Tudor located at 1058 South Little Creek Road. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has recommend that this request be approved. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Harris, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Legates 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 1058 SOUTH LITTLE CREEK ROAD FROM R-20 TO C-3 USE.
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 the property described below from R-20 to C-3.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER.
1. That from and after the passage and approval of this ordinance the Zoning Ordinance and Zoning Map of the City of Dover shall be amended by changing the zoning designation from R-20 to C-3 on that property located at 1058 South Little Creek Road, owned by Robert and Alice Tudor, and containing approximately 21.5 acres.
ADOPTED DECEMBER 11, 1972
AIR CONDITIONER - CITY HALL
A letter was received from Wesley Methodist Church stating that they would like to have the air conditioning unit that now cools the City Hall building. The City Hall will possibly be demolished in the near future and they would like to obtain the air conditioning unit for their church. On motion of Mr. Hayes, seconded by Mr. Walls, Council directed that when a contract is awarded for the construction of the new City Hall and the demolition of the present City Hall, the air-conditioning equipment will be donated to Wesley Methodist Church. The church will contract to have the unit removed and disassembled at their expense and not to interfere with either the demolition or construction of the City Hall.
FLUORIDATION OF WATER SUPPLY
A letter was received from the Division of Physical Health, State of Delaware, stating that the deadline for installation of fluoridation equipment on public water supplies is January 1, 1973. They state that their records indicate that the City of Dover is not now fluoridating its water supply. Attached to the letter was a questionnaire relative to the fluoridation of the City’s water supply. After much discussion, Council directed the City Manager to answer the questionnaire and at the same time relate to the feelings of Council as opposing any fluoridation of the City water supply and relate also to the prior adopted resolution where Council went on record as opposing and fluoridation or chlorination of the City of Dover water supply.
DECEMBER 26TH MEETING
The next scheduled Council meeting is December 25, 1972. On motion of Mr. Holpp, seconded by Mr. Harris, Council authorized the cancellation of the December 25th meeting. The next regularly scheduled Council meeting will be January 8, 1973.
COUNCIL ADJOURNED AT 8:55 P.M.
JAY R. DOUGHERTY
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at its meeting of December 11, 1972 are hereby approved.
CRAWFORD J. CARROLL
MAYOR
DECEMBER 14, 1972