REGULAR MEETING
November 13, 1972
The regular meeting of City Council was held on Monday, November 13, 1972 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Harris, Hayes, Holmes, Holpp, Legates, Muir and Walls.
The invocation was said by Rev. Joh Roock of St. John’s Lutheran Church.
MINUTES
The minutes of the Council meeting held on October 23, 1972 were presented and bore the written approval of Mayor Carroll. By unanimous vote, Council accepted the minutes as presented.
REPORTS
Chief of Police report for the month of October was accepted.
Building Inspector & Fire Marshal report for the month of October was accepted.
City Planner report for the month of October was accepted.
Alderman report for the month of October was accepted, fines in the amount of $869 were remitted.
Cash Receipts, General Fund, for the month of October were accepted.
Cash Receipts, Electric Revenue Fund, for the month of October were accepted.
Cash Receipts, Electric Improvement Fund, for the month of October were accepted.
City Manager report for the month of October were accepted.
WOODCREST PARKING
On May 8, 1972, Council passed an ordinance that prohibited parking in the development of Woodcrest between the hours of 9:00 A.M. and 10:00 A.M. daily. Many of the residents have complained to Council about this prohibition and are requesting the ordinance be rescinded. The Safety Advisory Committee, upon the recommendation of the Chief of Police, recommend that the Ordinance be rescinded. On motion of Mr. Hayes, seconded by Mr. Muir, Council by unanimous roll call vote rescinded the ordinance adopted by City Council on May 8, 1972, that prohibited parking in the development of Woodcrest during certain hours. Only the section of the ordinance, Section 1, pertaining to the above problem is rescinded.
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee meeting held on November 6, 1972 was presented by Chairman Walls. On motion of Mr. Biggs, seconded by Mr. Muir, Council accepted the report as presented.
TREE REMOVAL - 409 NORTH STATE STREET
A request has been received to remove a tree in front of 409 N. State Street, the residents in the area claiming it is a safety hazard, and the tree is dead. The Parks, Playgrounds & Trees Committee has no recommendation on this request at this time. After much discussion, Council on a motion of Mr. Holpp, seconded by Mr. Muir, and by a roll call vote of 8 ‘yes’ and 0 ‘no’, directed that the abovementioned tree be removed.
TARBURTON PARK PROPOSAL
A proposal was received from three firms for the completion of the engineering studies and development plans for Tarburton Park. After evaluating all bids, the Parks Committee has recommended that the contract be awarded to Edward H. Richardson Associates at a bid price not to exceed $8,400 and a time limit of 7 weeks. On motion of Mr. Harris, seconded by Mr. Holmes, Council by unanimous roll call vote approved the award of the above contract to Edward H. Richardson Associates.
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playgrounds & Trees Committee meeting held on November 6, 1972 was presented by Chairman Walls. On motion of Mr. Muir, seconded by Mr. Legates, Council accepted the report as presented.
ROBBINS HOSE COMPANY FIRE CHIEFS
A letter was received from the Robbins Hose Company announcing that the nominations for Fire Line Officers for the year of 1973 were enclosed. There being more than one name nominated for 2nd Asst. Chief, an election will be necessary and will be held on Monday, November 20, 1972. Mayor Carroll at this time appointed the following Councilmen, Messrs Holpp, Harris and Muir to conduct the election. The following are the nominations for the Fire Line Officers for 1973.
CHIEF - William Rhodes
DEPUTY CHIEF - Kline G. Kemp, Jr.
1st ASSISTANT CHIEF - Edwin B. Baker, Jr.
2nd ASSISTANT CHIEF - Carleton Carey
Jack LeCompte
3rd ASSISTANT CHIEF - Charles H. Boyer
SANTA CLAUS TRAILER
A request has been received from the Downtown Dover Business Association to locate a trailer on South Bradford Street adjacent to the Delaware Trust Company to be used by Santa Claus between November 24 and December 24, 1972. This location has been used each year in the past. On motion of Mr. Hayes, seconded by Mr. Walls, Council approved the above request.
LOOCKERMAN STREET SIGNS
Mr. William S. Hudson, representing a segment of the Loockerman Street merchants, was present and addressed Council concerning the recently adopted ordinance that prohibits the display of advertising signs on Loockerman Street, except those that are flat to the building and all other are to be removed within one year. Mr. Hudson felt the Council should look further into this matter and maybe amend the ordinance. The Council felt that no further changes should be made, therefore no further action was necessary.
WESLEY COLLEGE FLAG REQUEST
A request was received from Wesley College for a City of Dover Flag. They would like to display a City of Dover flag as a gesture of appreciation to the City of Dover. Mayor Carroll stated that if a flag were donated to Wesley College, he feels that one should also be donated to Delaware State College. On motion of Mr. Holpp, seconded by Mr. Walls, Council directed that the City of Dover donated a City Flag to both Wesley College and Delaware State College.
CITY HALL OFFER
The advertisement for the offer of City Hall to anyone interested was confirmed by City Manager James. There have been no concrete offers presented to the City of Dover for this building. Mrs. Dolores Sapienza presented a petition to City Council on behalf of the “Committee to Save the City Hall”. They had requested to meet with the City architect in hopes of formulating a plan to save the building. Mr. R. Calvin Clemdaniel, the City of Dover’s Architect, was present and stated that the cost of renovation to the outside of the building alone would be in excess of $150,000. He estimated that it would cost an additional $150,000 to renovate the interior. After much discussion by Council, a motion was made by Mr. Muir, seconded by Mr. Hayes, and by a roll call vote of 7 ‘yes’ and 1 ‘no’, Mr. Harris, Council authorized the architect to advertise for bids for the construction of a new City Hall and also the demolition of the present City Hall.
DOVER EAST REZONING
A public hearing was duly advertised for this time and place to consider the rezoning from RG-2 to RG-3 land located on the South Little Creek Road owned by Dover East, Inc. Mayor Carroll declared the hearing opened. Mr. James Tevebaugh, representing the owner was present and spoke on behalf of the rezoning. No one else was present to speak for or against the request. The Planning Commission has not made a recommendation on this request at this time. Mayor Carroll declared the hearing closed. On motion of Mr. Holmes, seconded by Mr. Holpp, Council by unanimous roll call vote deferred any action on this request pending a recommendation from the Planning Commission.
OBSCENE AND PORNOGRAPHIC ORDINANCE
An ordinance was presented to Council for their consideration that would prohibit the sale of pornographic materials and the showing of obscene pictures and performances. Father Flinn of Holy Cross Church was present and addressed Council requesting their strong consideration of this ordinance. City Solicitor Rodriguez and Mayor Carroll both suggested to Father Flinn and al others present that the matter was under the jurisdiction of the State Attorney General who must enforce the State statutes, under which prosecution of this ordinance would come if it were adopted by City Council. There are presently local ordinances and state laws that prohibit this thing, but no prosecution is made by the courts. After much discussion by Council, a motion was made by Mr. Holmes and seconded by Mr. Legates, and by unanimous roll call vote, the following ordinance was adopted.
AN ORDINANCE PROHIBITING OBSCENE WRITING, PICTURES, PUBLICATIONS, PLAYS, DANCES OR THE EXHIBITION OF OBSCENE MATERIALS
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. This ordinance shall be known and may by cited as the Obscenity Ordinance of the City of Dover.
2. Pursuant to this Ordinance a person is guilty of obscenity when he knowingly or recklessly:
(1) Sells, delivers, or provides, or offers or agrees to sell, deliver, or provide any obscene picture, writing, record or other representation or embodiment of the obscene; or
(2) Presents or directs an obscene play, dance or performance, or participates in that portion thereof which makes it obscene; or
(3) Publishes, exhibits, or otherwise makes available any obscene materials; or
(4) Possesses any obscene material for purposes of sale or other commercial dissemination.
(5) Any person upon conviction shall be fined not more than $100.
3. Definition of “obscene” - Material is obscene if it has not redeeming social value and, considered as a whole, its predominant appeal is to prurient, shameful, or morbid interest in nudity, sex, excretion, sadism or masochism and it goes substantially beyond customary limits of candor in describing or presenting such matters. Predominant character of the material or the circumstances of its dissemination to be designed for children or some other specially susceptible audience.
4. Separability - It is the intention of the Mayor and Council that each separate provision of this Ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the Mayor and Council that if any provisions of this Ordinance is declared invalid, all other provisions thereof shall remain valid and enforceable.
ADOPTED NOVEMBER 13, 1972
MID-RISE APARTMENT ZONING CLASSIFICATION
A request has been received from the Planning Commission that would require the holding of a public hearing to amend the Zoning Ordinance of the City of Dover to establish a new zoning classification for Mid-Rise apartments. A public hearing is required prior to amending the Zoning Ordinance. On motion of Mr. Muir, seconded by Mr. Hayes, Council adopted the following resolution.
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, the City of Dover now has a Zoning Ordinance in effect; and
WHEREAS, it is necessary to hold a public hearing prior to amending this Zoning Ordinance.
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, December 11, 1972 at 8:00 P.M. on a proposed amendment to the Zoning Ordinance of the City of Dover that would establish a new Zoning Classification, RG-5, Mid-Rise Apartments.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED NOVEMBER 13, 1972
REZONING REQUESTS
Eight (8) rezoning requests were presented to Council to be set for public hearings and to be referred to the Planning Commission for their recommendation. On motion of Mr. Holmes, seconded by Mr. Hayes, Council adopted the following resolution and referred this 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 property located on Delaware Route 8 (Hartly Road) is presently zoned for R-20 and R-8 use; and
WHEREAS, it is deemed 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, December 11, 1972 at 8:00 P.M. that would consider a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezone from R-20 and R-8 to RG-2 that property located on Delaware Route 8 (Hartly Road), owned by Edward H. Richardson and David P. Buckson, and containing approximately 23.67 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED NOVEMBER 13, 1972
On motion of Mr. Holmes, seconded by Mr. Muir, Council adopted the following resolution and referred this 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 property located at 1058 South Little Creek Road is presently zoned for R-20 use; and
WHEREAS, it is deemed 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, December 11, 1972 at 8:00 P.M. on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezone from R-20 to C-3 that property located on the southside of South Little Creek Road, owned by Robert H. & Alice M. Tudor, and containing approximately 21.5 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED NOVEMBER 13, 1972
On motion of Mr. Holpp, seconded by Mr. Holmes, Council adopted the following resolution and referred this 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 property located at 155 American Avenue is presently zoned for R-8 use; and
WHEREAS, it is deemed 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, December 11, 1972 at 8:00 P.M. on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezone from R-8 to C-1A that property located at 155 American Avenue, owned by Joseph L. Hurd and containing approximately 9000 square feet.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED NOVEMBER 13, 1972
On motion of Mr. Walls, seconded by Mr. Holpp, Council adopted the following resolution and referred this 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 property located on the east side of Acorn Lane is presently zoned for R-20 use; and
WHEREAS, it is deemed 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, December 11, 1972 at 8:00 P.M. 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 to RG-2 that property located on the eastside of Acorn Lane, owned by Cedar Development Company and containing approximately 172.84 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED NOVEMBER 13, 1972
On motion of Mr. Holpp, seconded by Mr. Walls, Council adopted the following resolution and referred this 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 property located on Spruance Road is presently zoned from R-7 use; and
WHEREAS, it is deemed 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, December 11, 1972 at 8:00 P.M. on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezone from R-7 to RG-3 that property located on Spruance Road (lots 10 thru 19, 22 through 24), owned by Tonart Construction Company.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED NOVEMBER 13, 1972
On motion of Mr. Biggs, seconded by Mr. Walls, Council adopted the following resolution and referred this 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 property located on the northeast intersection of Salisbury and Carver Road if presently zoned for RG-1 use; and
WHEREAS, it is deemed 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, December 11, 1972 at 8:00 P.M. on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezone from RG-1 to C-1A that property that property located at the northeast intersection of Salisbury Road and Carver Road, owned by Ronald N. Outten and Billy H Tribble and containing approximately 16,000 square feet.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED NOVEMBER 13, 1972
On motion of Mr. Holpp, seconded by Mr. Hayes, Council adopted the following resolution and referred this 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 property located on Forrest Street is presently zoned for RG-1 use;
WHEREAS, it is deemed 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, December 11, 1972 at 8:00 P.M. on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezone from RG-1 to C-3 that property located on Forest Street, owned by Hartnett Realty Company, and containing approximately 0.6 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED NOVEMBER 13, 1972
On motion of Mr. Hayes, seconded by Mr. Holmes, Council adopted the following resolution and referred this 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 property located at 575, 585, 589 and 595 N. DuPont Highway is presently zoned for R-20 and RG0 use; and
WHEREAS, it is deemed 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, December 11, 1972 at 8:00 P.M. on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezone from R-20 and RG0 to C-1A that property located at 575, 585, 589 and 595 North DuPont Highway.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED NOVEMBER 13, 1972
VOTER REGISTRATION LIST
A revised list of ineligible voters was presented at this time to Council. On September 25, 1972 a list of 1080 names was presented to Council for their consideration in removing these names from the registration rolls per the Code of the City of Dover. The Council requested that each individual be notified by mail, certified, and given the opportunity to state their desire to remain registered for City elections. This was done and the list of 772 names is now being presented for removal. On motion of Mr. Hayes, seconded by Mr. Muir, Council by unanimous roll call vote approved the removal of the presented list from the registration rolls of the City of Dover.
On motion of Mr. Legates, seconded by Mr. Hayes, Council directed that an ad be placed in the Delaware State News once a week until the period for registration expires announcing the registration hours. The last date for registration for the upcoming Municipal Election is December 29, 1972.
COUNCIL ADJOURNED AT 9:30 P.M.
JAY R. DOUGHERTY
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at its meeting of November 13, 1972 are hereby approved.
CRAWFORD J. CARROLL
MAYOR
NOVEMBER 15, 1972