REGULAR MEETING
September 11, 1972
The regular meeting of City Council was held on Monday, September 11, 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 the Rev. Robert McKim.
MINUTES
The minutes of the regular Council meeting held on August 28, 1972 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police report for the month of August was accepted.
Building Inspector & Fire Marshal report for the month of August was accepted.
City Planner report for the month of August was accepted.
Alderman report for the month of August was accepted, fines in the amount of $1,084 were remitted.
Cash Receipts, General Fund, for month of August were accepted.
Cash Receipts, Electric Revenue Fund, for month of August were accepted.
Cash Receipts, Electric Improvement Fund, for month of August were accepted.
City Manager report for the month of August was accepted.
JACK R. WOODS RESOLUTION
On motion of Mr. Walls, seconded by Mr. Legates, Council by unanimous vote adopted the following resolution honoring Jack R. Woods, Superintendent of Public Works, for his appointment as Chairman of the Chesapeake Section, American Water Works Association.
WHEREAS, JACK R. WOODS is presently employed by the City of Dover as Superintendent of Public Works, and
WHEREAS, Jack R. Woods has been an active member of the Chesapeake Section of the American Water Works Association since 1958, and
WHEREAS, Jack R. Woods has served on various committees and has been a member of the Board of Trustees for the past five years, and
WHEREAS, Jack R. Woods, on September 7, 1972, was elected Chairman of the Chesapeake Section of the American Water Works Association.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Mayor and Council acknowledge the honor and distinction Jack R. Woods has brought the City of Dover by his affiliation with and service he has performed for the American Water Works Association, and his being elected as the Chairman of the Chesapeake Section for the coming year.
ADOPTED SEPTEMBER 11, 1972
UTILITY COMMITTEE
The Utility Committee written report covering their meeting of September 5, 1972 was presented by Chairman Holpp. On motion of Mr. Harris, seconded by Mr. Walls, Council accepted the report as presented.
DELMARVA RATE INCREASE OBJECTION
A rate increase for purchased power that the City of Dover purchases from Delmarva Power & Light has been proposed by DP&L, effective October 1, 1972. The have filed amended tariffs with the FPC to this effective rate increase. The Utility Committee has recommended that the City intervene in this proposed increase. On motion of Mr. Biggs, seconded by Mr. Legates, Council by unanimous roll call vote adopted the following resolution.
A RESOLUTION OF THE CITY OF DOVER OPPOSING WHOLESALE ELECTRIC RATE INCREASE BY DELMARVA POWER & LIGHT COMPANY
WHEREAS, the City of Dover owns and operates a municipal electric system in the State of Delaware, and
WHEREAS, the City of Dover presently purchases approximately fifty percent (50%) of its bulk power supply requirements from Delmarva Power & Light Company, and
WHEREAS, on September 1, 1972, Delmarva Power & Light Company filed amended tariffs for wholesale electric power service with the Federal Power Commission proposing substantial increases in its rates to the City of Dover and to its other wholesale power customers, and
WHEREAS, Delmarva Power & Light Company has proposed that said rate increase become effective as of October 1, 1972, and
WHEREAS, it will be necessary for the City of Dover to increase it own retail rates for electric power service defray increased costs of purchased power if Delmarva Power & Light Company’s proposed rate increase is permitted to become effective.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER,
1. The City of Dover will file a Petition to Intervene and Formal Protest with the Federal Power Commission requesting that the Federal Power Commission suspend said proposed new tariff provisions, order a hearing and investigation to determine whether said new tariffs are just, reasonable and otherwise oppose the implementation of said rates increases.
2. The City of Dover will file a formal or informal complaint with The Price Commission requesting a determination as to whether the wholesale rate increase sought by Delmarva Power & Light Company is consistent with the objectives as requirements of the Economic Stabilization Act of 1970 and the guidelines applicable to regulated public utilities,
3. The City of Dover shall take early effective action as resolved in paragraphs 1 and 2 above either individually or in concert with other municipalities or wholesale power customers of Delmarva Power & Light Company in which case the costs of such proceedings shall be shared by the participants.
4. The City Manager is authorized and directed to engage the professional services of an attorney and such other consultants as may be necessary to carry out the objectives of this Resolution.
5. The City Manager is authorized and directed to contact and consult with representatives of other municipal electric systems and other wholesale electric power customers of Delmarva Power & Light Company to determine whether such parties may wish to join with the City of Dover in opposing said wholesale electric power rate increases.
6. There is authorized for expenditures, from the Electric Revenue Fund only, sufficient revenues as may, from time to time, be necessary to defray the costs of these proceedings.
ADOPTED SEPTEMBER 11, 1972
DELMARVA RIGHTS-OF-WAY
The Utility Committee has recommended that permission be granted to Delmarva Power & Light Company to use the right-of-way they have obtained by negotiations with the Penn Central Railroad for the installation of a 138KV transmission line along this right-of-way through the City of Dover. On motion of Mr. Legates, seconded by Mr. Biggs, Council by unanimous vote approved the recommendation of the Utility Committee as outlined above.
DELAPEAKE REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of the property owned by Delapeake, Inc. located on W. Division Street. 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. Council questioned the necessity of changing from M to C-3, and were informal that the owner told the Planning Commission it was in order to use a portion of the existing foundation for further construction and to cut down on the side-yard requirements. Mayor Carroll declared the hearing closed. On motion of Mr. Holpp, seconded by Mr. Muir, Council by unanimous roll call vote 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 WEST DIVISION STREET, OWNED BY DELAPEAKE REALTY COMPANY, FROM M TO C-3 USE.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use from M to C-3 on that property described below.
NOW, THEREFORE, BE IT RESOLVED 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 M to C-3 on that property located on West Division Street, between Fulton Street, Ridgley Street and the railroad and containing approximately 3.2 acres.
ADOPTED SEPTEMBER 11, 1972
STERLING REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of the property located at 1132 South Little Creek Road. Mayor Carroll declared the hearing opened. Mr. George Thompson, 1172 South Little Creek Road, was present and addressed the Council and presented to Council a petition containing the signatures of approximately 150 people objecting to the rezoning of this property and also the property of Mr. Charles Pietsch, 1100 South Little Creek Road. The Planning Commission has not made a recommendation to Council on this property, having tabled action on this and the Pietsch property at their last meeting. Mayor Carroll declared the hearing closed. A motion was made by Mr. Hayes, seconded by Mr. Legates that this rezoning be denied. By a roll call vote of 3 ‘yes’, Messrs Biggs, Hayes and Legates and 5 ‘no’, the motion was defeated. A motion was then made by Mr. Harris and seconded by Mr. Muir, and by a roll call vote of 6 ‘yes’ and 2 ‘no’, Messrs Hayes and Legates, Council tabled action on this request pending receipt of a recommendation from the Planning Commission.
WILLIAMS REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of the property located at 583 North DuPont Highway. Mayor Carroll declared the hearing opened. Mrs. Myrtle Williams was present and addressed Council requesting they consider the favorable rezoning of this property. No one else was present to speak for or against the rezoning. The Planning Commission has recommended that this request be denied. After much discussion with Council, the City Planner and the City Solicitor, it was determined that a more restrictive zoning change might be desirable and fill the need of Mr. & Mrs. Williams. Mayor Carroll declared the hearing closed. On motion of Mr. Muir, seconded by Mr. Hayes, Council by unanimous roll call vote adopted the following resolution.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE PROPERTY LOCATED AT 583 NORTH DUPONT HIGHWAY FROM R-20 TO RG0 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 R-20 to RG0 on that property described below.
NOW, THEREFORE, BE IT RESOLVED 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 RG0 on that property located at 583 North DuPont Highway, owned by Joseph & Myrtle Williams and containing approximately 13,440 square feet.
ADOPTED SEPTEMBER 11, 1972
CARLISLE-LOUMAR REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of the property located on the west side of U.S. Route 13, north of Delaware State College, owned by Loumar, Inc. and Carlisle Lands Inc. Mayor Carroll declared the hearing opened. Mr. Nate Cohen, representing the owners, was present and spoke on behalf of the rezoning. No one else was present to speak for or against the rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Walls, seconded by Mr. Biggs, Council by unanimous roll call vote 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 THE WEST SIDE OF U.S. ROUTE 13, OWNED BY LOUMAR, INC., AND CARLISLE LANDS INC., FROM IPM AND C-4 USE TO RC 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 IPM and C-4 to RC on that property described below.
NOW, THEREFORE, BE IT RESOLVED 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 IPM and C-4 to RC on that property located on the west side of US Route 13, north of Delaware State College, owned by Loumar, Inc. and Carlisle Lands Inc., and containing approximately 28 acres.
ADOPTED SEPTEMBER 11, 1972
SPENCE REZONING REQUEST
A request has been received from William L. Spence, Jr. to rezone the property located at 896 South State Street. A public hearing is required prior to amending the zoning ordinance and map. On motion of Mr. Legates, seconded by Mr. Walls, 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 property located at 896 South State Street is presently zoned for R-8 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 October 9, 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 RG-1 that property located at 896 South State Street, owned by William L. Spence, Jr. and containing approximately 31,500 square feet.
2. That notice for this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED SEPTEMBER 11, 1972
EAST LOOCKERMAN STREET CLOSING
The closing of the East Loockerman Street section that had been approved by Council at its last meeting was brought on the floor once again. There had been numerous calls received by Council and by the Staff on the closing of this street. At this time a few of the residents appeared before Council to thank them for the action that was taken by Council in closing this street. Mr. Donald Culver and Mr. Robert Tudor, both residents of the immediate area, addressed Council and expressed their hope that Council would not reconsider this problem and open the street, as has been rumored in the past couple of days. Mr. Harold Carey, a resident of So. Edgehill Avenue, addressed Council and stated that he felt that no purpose was accomplished in closing this street and only that he felt it created a bottle-neck and traffic congestion that was completely unnecessary. Council at this time felt that no further action was necessary pertaining to this problem.
LOOCKERMAN STREET SIGN ORDINANCE
A petition was presented to Council from the Central Dover Business Association concerning the signs located on the places of business on Loockerman Street. A request has been made to have all overhead signs removed that are not parallel to the building. The present Zoning Ordinance does not permit signs to be placed on a building that pertrude more that 12 inches from the building and they may not be perpendicular to the building. On motion of Mr. Legates, seconded by Mr. Muir, Council by unanimous roll call vote adopted the following ordinance.
WHEREAS, the Central Commercial Zone (C-2) as set forth in the Dover Municipal Code under Section 3.619 provides that signs accessory to any establishment must comply with Sections 3.414 and 5.4 of the said code; and
WHEREAS, Section 3.414 provides that not more than one sign shall be permitted for each tenant on the premises on each wall fronting upon a street; that the aggregate area of all signs on the premises shall be not greater that sixteen (16) square feet and that all signs must be parallel to the face of the building an no part thereof including any illuminating devices shall project more than twelve (12) inches beyond the face of the wall to which the same is applied nor any distance beyond or above the building in any other direction; and
WHEREAS, many of the signs presently in use on Loockerman Street are in violation of the code and are non-conforming uses; and
WHEREAS, the Dover merchants have indicated a desire to enforce compliance with the Zoning Code and Council has agreed that the code should be enforced as written.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER
1. That by September 11, 1973 all properties on Loockerman Street between the westerly line of State Street and the Delaware Library Building will be required to comply with the sign requirements of the Central Commercial Zone (C-2) and that all non-conforming signs in said area will be required to either be removed or to be made conforming in accordance with the provisions of the code on or before September 11, 1973.
ADOPTED SEPTEMBER 11, 1972.
COUNCIL ADJOURNED AT 8:40 P.M.
JAY R. DOUGHERTY
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at the meeting of September 11, 1972 are hereby approved.
CRAWFORD J. CARROLL
MAYOR
SEPTEMBER 13, 1972