REGULAR MEETING
December 8, 1969
The regular meeting of City Council was held on Monday, December 8, 1969 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Hastings, Hayes, Holpp, Hughes, Jackson, Legates and Walls.
MINUTES
The minutes of the regular meeting of City Council of November 24, 1969 were accepted and bore the written approval of Mayor Carroll.
REPORTS
The Chief of Police report for the month of November was accepted.
The Building Inspector and Fire Marshal report for the month of November was accepted.
Alderman report for the month of November was accepted. Fines in the amount of $244.90 were remitted.
J. P. Court #7 report for the month of November was accepted. A check in the amount of $2835.50 was remitted to the City. Fines in the amount of $4915.50 are due the City from J.P Court #7 and area outstanding at this time.
Cash receipts, General Fund, for the month of November was accepted.
Budget Report, General Fund, for the month of October was accepted.
Cash Receipts, Electric Revenue Fund, for the month of November was accepted.
Cash Receipts, Electric Improvement Fund, for the month of November was accepted.
City Manager Report for the month of November was accepted.
HUEBNER FARM
City Manager Neylan requested permission of Council to lease the Huebner farm, owned by the City of Dover, upon the expiration of the present lease. On motion of Mr. Hastings, seconded by Mr. Biggs, Council authorized the City Manager to advertise for bids on the lease of the farm for a period of up to two years.
HOLIDAY - DECEMBER 26TH
On motion of Mr. Hughes, seconded by Mr. Jackson, Council authorized a Holiday for City Employees on Friday, December 26, 1969.
KENT GENERAL HOSPITAL
In the expansion of Kent General Hospital, electric transformers in the amount of approximately $30,000 have been estimated by the Architect for the hospital. Normally this cost is placed in the cost of construction and is a bid price by the General Contractor. Kent General Hospital has requested that the City purchase these and the Hospital repay the City for the transformers. Mr. Neylan has requested permission of Council to purchase the transformers for the Hospital, who will repay the City on a deferred payment over a five year period. They will be repaid on a monthly basis with 1/60th of the cost added to each months electric bill over this five year period. On motion of Mr. Jackson, seconded by Mr. Walls, Council approved the request of the City Manager as outlined above.
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playgrounds & Trees Committee meeting held on December 1, 1969 was present by Chairman Hastings. On motion of Mr. Hayes, Council accepted the report as presented.
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee meeting held on December 1, 1969 was presented by Chairman Hastings. On motion of Mr. Hayes, Council accepted the report as presented.
STOP SIGN ORDINANCE
On motion of Mr. Holpp, seconded by Mr. Wall, Council by unanimous vote adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That stop signs be erected at the following designated places:
1. At the intersection of Reed and State Streets requiring traffic travelling in a westerly direction on Reed Street to stop at the intersection.
2. At the intersection of Reed Street and Kings Highway requiring traffic travelling in an easterly direction on Reed Street to stop at the intersection.
3. At the intersection of Buckson Drive and Miller Road requiring traffic travelling in a westerly direction on Miller Road to stop at the intersection.
4. At the intersection of Miller Road and Nimitz Road requiring traffic travelling in an easterly direction on Miller Road to stop at the intersection.
5. At the intersection of Buckson Drive and Bacon Drive requiring traffic travelling on Bacon Drive to stop at the intersection.
ADOPTED December 8, 1969
AIR BASE BUS STOP
The Police Department has received a request from the Dover Air Force Base to relocate the bus stop for their buses that is presently located on South New Street at Loockerman Street. The Police Department has recommended that the bus stop be relocated in the vicinity of The Plaza, on the indentation by Wesley Fellowship Hall and the old Post Office. This would necessitate the removal of two parking spaces. After much discussion by Council, a motion was made by Mr. Hughes, seconded by Mr. Walls, and approved by Council that any action on the relocation of the bus stop be deferred until such time as the pending recommendations on the traffic study by the Safety Advisory Committee can be presented to Council.
UTILITY COMMITTEE
A written report of the Utility Committee meeting held on December 1, 1969 was presented by Chairman Holpp. On motion of Mr. Walls, Council accepted the report as presented.
FLUORIDATIONS OF WATER SUPPLY
The Utility Committee considered the recent regulation from the State Board of Health pertaining to the fluoridation of the City Water supply. Fluoridation is required by January 1, 1973 and the submission of a plan is required by March, 1970. The City had previously taken a stand that Legislation should be past by the State Legislators making fluoridation of water supply optional rather than mandatory. This is also the position that has been taken by the Delaware League of Local Governments. On motion of Mr. Holpp, seconded by Mr. Hughes, Council tabled any further action on this matter at this time.
WILLIS AND SPRUANCE ROADS
The Utility Committee has recommended front foot charges to be assessed against the abutting property owners for the improvements on Willis and Spruance Roads. On motion of Mr. Walls, seconded by Mr. Holpp, Council adopted the following ordinance.
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF THE INSTALLATION OF MUNICIPAL IMPROVEMENTS ON THE PUBLIC RIGHTS OF WAY OF SPRUANCE ROAD AND WILLIS ROAD.
WHEREAS, the Council is authorized to install municipal improvements in the City, and by ordinance, to provide for the levy and collection of assessments against property owners whose land adjoins said installation, and
WHEREAS, the Council has caused to be installed paved streets, storm sewers, curbs, water lines, paved alleys, water taps and sewer taps and will cause alleys and street lights within the public rights of way of Spruance Road and Willis Road, and
WHEREAS, this Ordinance is enacted pursuant to the Charter of the City of Dover to levy and collect the assessment against property owners whose land adjoins said installation to cover the cost thereof,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. An assessment shall be, and is hereby, levied against all property owners whose property adjoins the installation of said improvements at a cost per front foot, as follows:
Streets $ 4.575
Storm Sewer 2.89
Curb 2.35
Alley 1.36
Water 3.03
Water Tap 100.00 per lot
Sewer Tap 195.00 per lot
Street Lights 1.00
$ 15.205
2. These assessments shall be liens against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. These assessments shall be paid within a five-year period from the date of enactment of the assessment and levies including interest which shall be at the rate of five percent per annum on the unpaid balance of each assessment. The assessments plus accrued interest to the date of payment may be paid in full at any time during the five-year period. If the assessments are paid in full within one year from the date of enactment of the assessments and levies, then all interest charges shall be waived and only the original amount of each assessment shall be paid.
4. A public hearing on said assessments and levies shall be held on January 12, 1970 at 8:05 P.M. in City Hall, Council Chambers, at which time any appeals from the same may be heard. Notice of said public hearing shall be given by publication in the Delaware State News once a week for each of the two weeks preceeding the date of the hearing.
Adopted December 8, 1969
FIRE CHIEFS
On motion of Mr. Holpp, seconded by Mr. Hastings, Council by unanimous vote elected the following Fire Chiefs for the year of 1970.
Chief William T. James
Deputy Chief Leroy Dear, Sr.
First Assistant Chief William H. Rhodes
Second Assistant Chief C. Donald Hodge
Third Assistant Chief John W. Raughley
TAX ASSESSOR
On motion of Mr. Hayes, seconded by Mr. Walls, Mr. William T. James was appointed Tax Assessor for the year of 1970.
BUILDING INSPECTOR & FIRE MARSHAL
On motion of Mr. Biggs, seconded by Mr. Hayes, Council by unanimous vote appointed Mr. Jack T. Roe as Building Inspector and Fire Marshal for the year of 1970.
KENT COUNTY PLANNING COMMISSION
Mr. Robert O’Brien, Director of the Kent County Regional Planning Commission, was present and addressed Council concerning a request of the KCRPC for the City of Dover to adopt a resolution recognizing the Kent County Regional Planning Commission as the area wide planning organization. This recognition is needed, according to Mr. O’Brien, for the KCRPC to apply for and receive funds from the Federal Government in setting up a comprehensive plan for Kent County. The feeling of Council was that if they do recognize the KCRPC, there is a possibility that all future funds from the Federal Government might be funnelled through the KCRPC, they being the area wide planning organization. Mr. O’Brien stated that he felt this was not true, but could offer nothing in writing to substantiate his feeling. Council also felt that if the KCRPC was recognized, it might have a direct effect on the planning and growth of the City of Dover. On motion of Mr. Walls, seconded by Mr. Hastings, Council tabled at this time any further action on the request of Mr. O’Brien.
JOHN O. ADAMS REZONING
A request has been received from Mr. John O. Adams to rezone his property located at 509 Pear Street. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has recommended that this request be denied, on the grounds that the deed restrictions for the Fairview Development prohibit trade or business establishments in the residential development of Fairview. Mayor Carroll then declared the hearing closed. On motion of Mr. Hastings, seconded by Mr. Holpp, Council accepted the recommendation of the Planning Commission and denied the rezoning request.
McGINNIS-BOOK REZONING
A request has been received to rezone the property of Mr. & Mrs. George Mazock, legal owners, and Mr. Raymond Book and Mr. James McGinnis, equitable owners, located on New Burton Road. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. Mr. Nate Cohen, agent for McGinnis-Book was present. The Planning Commission has recommended approval of this request. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Hastings, Council by unanimous 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 LAND LOCATED ON THE EAST SIDE OF NEW BURTON ROAD IN THE ‘MIDWAY SUBDIVISION’, FROM C-1 TO C-1A 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 C-1 to C-1A on that land described below.
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 Ordinance of the City of Dover shall be amended by changing the zoning designation from C-1 to C-1A on that land located on the east side of New Burton Road in the ‘Midway Subdivision’, owned by Mr. & Mrs. George Mazock, and containing approximately 33,450 square feet.
Adopted December 8, 1969
ZONING ORDINANCE AMENDMENTS
A public hearing was duly advertised for this time and place for the proposed amendments to the Zoning Ordinance of the City of Dover as follows: (1) Flight Path Height Restriction Zone, (2) High Rise Apartment Classification, (3) High Rise Office Classification, and (4) Amending length of apartment structures and eliminating restriction on maximum number of units in RG-1 and RG-2 Zones. Mayor Carroll declared the hearing opened. No one was present to speak for or against the zoning classification. The Planning Commission drew up these recommendations and unanimously vote in favor of approval of same. Mayor Carroll declared the hearing closed. On motion of Mr. Jackson, seconded by Mr. Hayes, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Hughes, adopted the following ordinances.
AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY, IN THE VICINITY OF THE DOVER AIR FORCE BASE BY CREATING APPROACH-DEPARTURE CLEARANCE SURFACE ZONES, INNER HORIZONTAL SURFACE ZONES, CONICAL SURFACE ZONES, OUTER HORIZONTAL SURFACE ZONES AN D TRANSITIONAL SURFACES, AND ESTABLISHING THE BOUNDARIES THEREOF.
WHEREAS, it is hereby found that an airport hazard endangers the lives and property of the users of the Dover Air Force Base and of occupants of land or to property in its vicinity, and
WHEREAS, obstructions in effect reduce the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy and impair the utility of the Dover Air Force Base and the public investment therein, and
WHEREAS, it is declared that: (1) The creation or establishment of a airport hazard is a public nuisance and an injury to the region served by the Dover Air Force Base, (2) It is necessary in the interest of the public health, public safety and general welfare that the creation or establishment of airport hazards be prevented, and (3) The prevention of these hazards should be accomplished to the extend legally possible,
WHEREAS, it is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend funds and acquire land or interests in land.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET, that effective this date, the Zoning Ordinance of the City of Dover, Delaware is amended as follows, to wit:
1. That Article III, Use Regulations, is amended by adding to the said Article a New Section, as follows:
Section 3.01A Flight Path Zone
Section 3.10A1 Definitions. As used in Section 3.10A of this Ordinance, unless the context otherwise requires:
a. AIRPORT means the Dover Air Force Base
b. AIRPORT ELEVATION means the elevation, in feet mean above sea level, of the highest point on the landing area that is used or intended to be used for takeoff and landing operations.
c. AIRPORT HAZARD means the obstructions to air navigation which are:
1. Natural objects or manmade structures that protrude above the plans or surface ones as defined in Section 3.10A of this Ordinance and/or
2. Manmade objects that extend more than 500 feet above the ground at the site of the structure.
d. AIRPORT REFERENCE POINT means the point established as the approximate geographic center of the airport landing area and so designated.
e. CLEAR ZONE SURFACE defines the limits of the obstruction clearance requirements in the vicinity contiguous to the ends of the primary surface. It consists of the surface of the clear zone. The length of the clear zone surface is 1000 feet. The width of the clear zone is the same as the primary zone surface.
f. CONTROLLING ELEVATION means where surfaces or planes within these criteria overlap, the governing elevation is that of the lowest surface or plane.
g. DIMENSIONS mean all dimensions are measured horizontally unless otherwise noted.
h. HEIGHT means for the purposes of determining the height limits in all zones set forth in Section 3.10A of this Ordinance and shown on the accompanying map, the datum shall be mean sea level unless otherwise specified.
i. LANDING AREA means the area of the airport used for the landing, taking off and taxiing of aircraft.
j. NONCONFORMING USE means any preexisting structure, tree natural growth or use of land which is inconsistent with the provisions of Section 3.10A of this Ordinance.
k. PERSON means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative.
l. PRIMARY SURFACE means the surface defines the limits of the obstruction clearance requirements in the immediate vicinity of the landing area. The primary surface comprises surfaces of the runways, runway shoulders and lateral safety zones. The length of the primary surface is the same as te runway length. The width of the primary surface is 2,000 feet (1,000 feet each side of the runway centerline.)
m. RUNWAY means the pavement designed and built for sustained aircraft landing and takeoffs.
n. STRUCTURE means an object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks and overhead transmission lines.
o. TREE means any object of natural growth.
3.10a.2 ZONES. In order to carry out the provisions of this Ordinance, there are hereby created and established certain zones which include all of the land lying within the Approach-Departure Clearance Surface Zones, the Inner Horizontal Surface Zones, the Conical Surface Zones, the Outer Horizontal Surface Zones and the Transitional Surface Zones. Such areas and zones are shown on the “Zoning Plan, Dover Air Force Base” map, Directorate of Civil Engineering DSC/P & R, Washington, D. C., and dated June 28, 1966, and revised to January 1, 1969, which is attached to this Ordinance and made a part thereof. The various zones are hereby established and defined as follows:
a. APPROACH-DEPARTURE CLEARANCE SURFACE ZONE. This surface is symmetrical about the runway centerline extended, begins as an inclined plane (glide angle) 200 feet beyond each end of the primary surface at the centerline elevation of the runway end, and extends for 50,000 feet. The width of this surface zone at the runway end is the same as the primary surface; it flares uniformly, and the width at 50,000 feet is 16,000 feet.
b. INNER HORIZONTAL SURFACE ZONE. This surface is a plane, oval in shape at a height of 150 feet above the established airport elevation. It is constructed by scribing an arc with a radius of 7,500 feet about the centerline at the end of all runways and interconnecting these arcs with tangents.
c. CONICAL SURFACE ZONE. This is an inclined surface extending outward and upward from the outer periphery of the inner horizontal surface zone for a horizontal distance of 7,000 feet to a height of 500 feet above the established airport elevation.
d. OUTER HORIZONTAL SURFACE ZONE. This surface is a place located 500 feet above the established airport elevation. It extends for a horizontal distance of 30,000 feet from the outer periphery of the conical surface zone.
e. TRANSITIONAL SURFACE ZONE. These surfaces connect the primary surfaces, clear zone surfaces, and approach-departure clearance surface zones to the inner horizontal surface zones, conical surface zones, outer horizontal surface zones or other transitional surface zones. The slope of the Transitional Surface Zone is outward and upward at right angles to the runway centerline.
3.10A.3 HEIGHT LIMITATIONS. No structure or tree shall be erected, altered, allowed to grow, or maintained in any zone created by Section 3.10A of this Ordinance to a height in excess of the height limit herein established for such zone. Such height limitations are hereby established for each of the said zones, as follows:
a. APPROACH-DEPARTURE CLEARANCE SURFACE ZONES - The slope of this zone is one (1) foot in height for each fifty (50) feet in horizontal distance beginning at a point 200 feet from and at the centerline elevation extended (glide angle) until it reaches an elevation of 500 feet above the established airport elevation. It then continues horizontally at this elevation to a point 50,000 feet from the start of the glide angle.
b. INNER HORIZONTAL SURFACE ZONES. The height of this zone is one hundred fifty (150) feet above the established airport elevation or a height of one hundred seventy (170) feet above mean sea level.
c. CONICAL SURFACE ZONE. The slope of this zone is one (1) foot in height for each twenty (20) feet in horizontal distance from the outer periphery of the inner horizontal surface zone for a horizontal distance of 7,000 feet to a height of 500 feet above the established airport elevation.
d. OUTER HORIZONTAL SURFACE ZONE. This zone is a plane located 500 feet above the established airport elevation or a height of 528 feet above mean sea level.
e. TRANSITIONAL SURFACE ZONE. The slope of this zone is one (1) foot in height for each seven feet in horizontal distance measured outward at right angles to the runway centerline. The elevation for the beginning of the transitional surface zone slope at any point along the lateral boundary of the primary surface, including the clear zone, may be determined by drawing a line from the point to the runway centerline. This line will be at right angles to the runway axis. The elevation at the runway centerline is the elevation for the beginning of the slope of one (1) foot in height for each seven (7) feet in horizontal distance.
f. When an area is covered by more than one (1) height limitation, the more restrictive limitation shall prevail.
3.10A.4 USE RESTRICTIONS. Not with standing any other provisions of this Ordinance, no use may be made of land within any zone established by this Ordinance in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off, or maneuvering of aircraft.
Adopted December 8, 1969
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DOVER, DELAWARE, AS APPROVED BY COUNCIL ON NOVEMBER 27, 1961.
WHEREAS, the Planning Commission of the City of Dover has recommended that a new zoning classification be created to permit the construction of high rise apartment structures in the City of Dover,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET, that effective this date, the Zoning Ordinance of the City of Dover, Delaware, is amended as follows, to wit:
1. That Article III, Use Regulations, is amended by adding to the said Article, a new Section, as follows:
Section 3.2A GENERAL RESIDENCE ZONE FOR MULTI-STORY APARTMENTS (RG-4)
3.2A USES PERMITTED. In a general Residence Zone for Multi-Story Apartments no building or premises shall be used, and no building or part of a building shall be erected, which os arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:
3.2A11 Any use permitted in One Family Residence Zones
3.2A12 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.
3.2A13 In addition, the following uses may by permitted as conditional uses under Section 10.1 of this Ordinance:
(a) Sale of the following commodities and services, 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:
1. such users are limited to the main floor of the building or below; and
2. there is no direct entrance thereto from the outside of the building; and
3. no part of such accessory use or the entrance thereto is visible from a sidewalk;
4. no sign or display indicating the existence of such accessory use is visible from the outside of the building; and
5. 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.
3.2A.2 SITE DEVELOPMENT PLAN APPROVAL. Site development plan approval in accordance with Section 10.2 hereof shall be required prior to the 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.
2. That Article IV, Zone Bulk and Parking Regulations, is amended by adding to the said Article, a new Section as follows:
SECTION 4.13A BULK AND PARKING REGULATIONS FOR GENERAL RESIDENCE ZONE FOR MULTI-STORY APARTMENTS (RG-4)
RG-4 Zone
Minimum Required:
Lot Area (square feet) None Prescribed
Lot Width (feet) 50
Lot Depth (feet) None Prescribed
Front Yard (feet) 15
Side Yard (feet)