REGULAR MEETING
The regular meeting of City Council was held on Monday, July 28, 1969 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Hastings, Hayes, Holpp, Hughes, Jackson, Legates and Walls.
The invocation was said by the Rev. Raymond Best of St. Andrew Lutheran Church.
MINUTES
The minutes of the regular meeting of City Council of July 14, 1969 were accepted and bore the written approval of Mayor Carroll.
I. L. C. RESOLUTION
On motion of Mr. Walls, seconded by Mr. Hayes, Council by a unanimous vote adopted the following resolution.
RESOLUTION HONORING ILC INDUSTRIES
WHEREAS, the successful flight of Apollo 1 has been concluded; and
WHEREAS, said flight has been hailed as one of the greatest scientific achievements in the history of man; and
WHEREAS, I. L. C. Industries of our City designed and manufactures the space suits worn by the three astronauts who participated in the flight of Apollo 11; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
1. That the Mayor and Council are extremely proud that a Dover industry has made such a substantial contribution to the successful program to Apollo 11; and
2. That the Mayor and Council want to extend their most sincere congratulations to I. L. C. Industries for their material contribution to the great success of Apollo 11; and
3. That the Clerk of Council shall make this Resolution a part of the permanent records of the City of Dover.
Adopted July 28, 1969
KENT COUNTY RESOLUTION
On motion of Mr. Holpp, seconded by Mr. Hayes, Council by a unanimous vote adopted the following resolution requesting the Levy Court of Kent County to adopt a service function budget for Kent County.
A RESOLUTION REQUESTING THE LEVY COURT OF KENT COUNTY TO ADOPT A SERVICE FUNCTION BUDGET FOR KENT COUNTY, TO ESTABLISH TAX RATES FOR PROPERTY WITHIN THE CITY OF DOVER IN RELATION TO SERVICES RECEIVED AND TO DISCONTINUE THE REQUIREMENT OF BUILDING PERMITS AND BUILDING PERMIT FEES BY THE LEVY COURT OF KENT COUNTY FOR NEW CONSTRUCTION WITHIN THE CITY OF DOVER
WHEREAS, the Levy Court of Kent County annually adopts a budget and establishes a tax rate for the operation of the county government, and
WHEREAS, included within the said annual budget are expenditures for county departments such as the Board of Assessment, the Zoning Commission, the Regional Planning Commission, the Board of Adjustment and the County Engineer, which departments function outside of the incorporated areas of Kent County, and
WHEREAS, the property owners of the City of Dover and other full service communities in Kent County are presently required to obtain County building permits and pay certain building permit fees to the Levy Court of Kent County for construction within the City of Dover for which they receive no County services in the form of inspections or building code administration, and
WHEREAS, the above costs to the property owners of the City of Dover and other full service communities in Kent County are substantial, particularly in view of the fact that they receive no benefits in return, and
WHEREAS, if the present county budget had been prepared to eliminate the costs which have been absorbed by the State of Delaware and the costs referred to above for which the property owners of the City of Dover and others receive no benefits, the tax rate for the City of Dover would be seventeen cents per one hundred dollars of assessed valuation rather than the present fifty cents per one hundred dollars of assessed valuation, and
WHEREAS, if the present practice of requiring county building permit fees for which no services are received were eliminated, the property owners of the City of Dover would realize an addition net annual savings of approximately $11,000+ per year,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council of the City of Dover request that the Levy Court of Kent County seek an amendment to the existing legislation with respect to property taxation to permit the establishment of a local service function budget for Kent County and the assessment of property taxes within the incorporated areas of Kent County in relation to the County services received, and
2. That the Mayor and Council of the City of Dover request the Levy Court of Kent County discontinue the present practice pf requiring county building permit fees for new construction within any incorporated area of Kent County with a building inspection department and performing building inspections services within its incorporated area.
Adopted July 28, 1969
HARLEY TAYLOR REQUEST
Mr. Herman Brown, attorney for Mr. Harley Taylor, was present and addressed Council once again on the request of Mr. Taylor that he be reimbursed by the City of Dover for construction of a water line the he built to the Northwest Dover Heights development in 1952. At that time the City agreed to reimburse Mr. Taylor for that portion of the water line that he constructed that was within the City limits at the time of construction, this being the portion from Pear Street to the railroad crossing on Walker Road, the tne City limits. Mr. Taylor is now requesting that the entire water line cost be reimbursed to him as the entire area covered by this water line is now within the City limits. On motion of Mr. Hastings, seconded by Mr. Hayes, Council referred this request to the Utility Committee, who in turn will work with the City Manager and City Solicitor on attempting to solve this problem presented by Mr. Brown, on behalf of Mr. Taylor.
HARRIS REZONING
A request had been received from Mr. Anthony Harris to rezone the property located at 298 & 302 Kings Highway from R-8 to RG-1. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. A verbal request for with drawl of this petition was received from Mr. Harris today, a written request is being forwarded in the mail. No one was present to speak for or against the rezoning. The Planning Commission recommends approval of the rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Biggs, Council by unanimous vote tabled any action on this request, pending receipt of the written request for with drawl of this petition.
FAIRVIEW SCHOOL AND DEL-VETS REZONING
A request has been received to rezone from M to I0 the property owned by Dover Special School District (Fairview Elementary School) and Del-Vets. 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 recommends approval of the rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Holpp, seconded by Mr. Hayes, 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 PROPERTY LOCATED AT 654 NORTH DUPONT HIGHWAY.
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 C-4 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 M to I0 on that property located on the southwest corner of Pear Street and Walker Road, owned by the Dover Special School District (Fairview Elementary School) and Del-Vets.
Adopted July 28, 1969
PASKINS REZONING
A request has been received to rezone the property located at 23 & 27 South Kirkwood Street from RG-1 to C-1. 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 petition be denied. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Walls, Council by a unanimous vote denied the above request for rezoning as per the recommendation of the Planning Commission.
LEPORE REZONING
A request has been received to rezone the property located at 654 North DuPont Highway from R-20 to C-4. 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 recommends approval of the rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Walls, Council by a 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 PROPERTY LOCATED AT 654 NORTH DUPONT HIGHWAY.
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 C-4 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 R-20 to C-4 on that property located at 654 North DuPont Highway, owned by Mr. Harry Lepore, and containing approximately 31,000 square feet.
Adopted July 28, 1969
ZONING AMENDMENT - HEIGHT REQUIREMENTS
A request has been received to amend the zoning ordinance, pertaining to the height of certain structures within the City of Dover. 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 amendment. Mayor Carroll declared the hearing closed. On motion of Mr. Hastings, seconded by Mr. Walls, Council by a unanimous vote adopted the following ordinance.
AN ORDINANCE TO AMEND THE ZONING ORDINANCE ARTICLE 5, SECTION 5.31, TO SPECIFY THE HEIGHT OF CERTAIN STRUCTURES
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That Article 5, Section 5.31 of the Zoning Ordinance be amended as follows:
5.31Â Â Â Â Â Supplementary Height Regulations in Non-Residential Zones. In Non-Residential Zones, except for one or two-family dwellings, where a lot has frontage on two or more streets or other public ways, the height limitation shall apply only as measured from the curb level along the street or way with a higher elevation above sea level. When penthouses, etc., are over twelve feet high and cover more than twenty percent of the roof area, measurements must be taken to the top of such penthouses or bulkheads. Provided, however, that no ornamental or decorative part of a building which is not used as a living or storage area such as steeples, spires and the like shall not be any greater in height than the maximum height of the building to which the same is attached. Al penthouses, bulkheads, etc., must be ten feet back of the sidewalks, except that walls of elevators and stair enclosures may be built on the side wall when required by the plan of building.
Adopted July 28, 1969
JEFFERIC-INGRAM REZONING
A request had been received to rezone land located on the west side of U.S. Route 13 north of the Delaware State College. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. Mr. Nate Cohen representing the owners was present and spoke in their behalf for the rezoning. No one else was present to speak for or against the rezoning. The request was for rezoning from R-20 to C-4 on both parcels of land. The Planning Commission has recommended that the land of Mr. E. V. Ingram be rezoned from R-20 to C-4. The Commission then recommended, with the consent of the owner, that the lands of Jefferic Enterprises, Inc. be rezoned from R-20 to RC, this being more restrictive than C-4. Mayor Carroll then closed the hearing. On motion of Mr. Walls, seconded by Mr. Hastings, Council by a 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 PROPERTY LOCATED ON THE WEST SIDE OF U.S. ROUTE 13, NORTH OF THE DELAWARE STATE COLLEGE AND OWNED BY MR. E. V. INGRAM AND JEFFERIC ENTERPRISES, INC.
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 C-4 and RC 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 Zoning Ordinance of the City of Dover shall be amended by changing the zoning designation from R-20 to C-4 on that property owned by Mr. E. V. Ingram, containing approximately 2 acres, ad changing the zoning designation from R-20 to RC on that property owned by Jefferic Enterprises, Inc., and containing approximately 21 acres, both parcels of land lying on the west side of U.S. Route 13 north of and adjacent to the Delaware State College.
Adopted July 28, 1969
VACATING ALLEY - NORTH OF CECIL STREET
A public hearing was duly advertised for this time and place for the purpose of vacating an alley that runs north of Cecil Street between Governors Avenue and Bradford Street. Mayor Carroll declared the hearing opened. No one was present to speak for or against the vacating of this alley. Councilman Hayes questioned as to whether the residents in the area has been notified personally. City Manager Neylan stated that the property bordering on both sides of the portion of this alley to be vacated is owned by Wesley College. The Planning Commission has recommended the Council approve this request. Mayor Carroll declared the hearing closed. On motion of Mr. Hastings, seconded by Mr. Biggs, Council by unanimous vote, granted the request of Wesley College to abandon and vacate the alley between Governors Avenue and Bradford Street running north from Cecil Street for a distance of 251.6 feet.
STOP SIGN - PARKING ORDINANCE
On motion of Mr. Jackson, seconded by Mr. Biggs, Council by unanimous vote adopted the following stop sign and no parking ordinance.
AN ORDINANCE PROVIDING FOR STOP SIGNS AND NO PARKING ZONES
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That stop signs shall be erected at the intersection of Kesselring Avenue and New Burton Road requiring traffic to stop on Kesselring Avenue; and that stop signs shall be erected at the intersection of Haman Drive and Kesselring Avenue requiring traffic to stop on Haman Drive.
2. That no parking signs be erected on the west side of Kings Highway from Division Street to Lake View Drive; on the east side of Kings Highway from Division Street to Maple Parkway; from the entrance to Silver Lake to the east entrance to the Standard Brands parking lot; on Hazletville Road on both sides from the easterly fence line of General Foods Corporation to the westerly fence line of said General Foods Corporation.
Adopted July 28, 1969
EXISTING DOVER BY-PASS HEARING
A notice was received from the Delaware State Highway Department announcing a public hearing will be held on Monday, August 25, 1969 at 8:00 P.M. concerning its plans for the construction of safety improvements on U.S. Route 13 between Coopers Corner and Delaware State College.
TRASH ORDINANCE
A question on the collection of trash for commercial establishments located on U.S. Route 13 was brought to the attention of the City Manager. Mr. Neylan has recommended that the Utility Committee study the present trash ordinance and at that time make and recommendations to Council on changes that might be necessary at this time. On motion of Mr. Hastings, seconded by Mr. Hayes, Council referred this recommendation of the City Manager to the Utility Committee for their study and report to Council at a later date.
DEMOLITION - ST. JONES PLANT
City Manager Neylan has been contacted by O’Brien Machinery Company concerning the demolition of a potion of the St. Jones Power Plant. The cost to the City of Dover will be a net figure of $20,000, which will include the demolition of the stack, silo and boiler room. Time estimate on completion of work is 10 weeks. On motion of Mr. Hastings, seconded by Mr. Hayes, Council granted authorization to the City Manager to enter into contract with O’Brien Machinery Company to dismantle portion of the St. Jones Power Plant at a net cost of $20,000.
COUNTY SEWER PROPOSAL
City Manager Neylan has received a letter from the Levy Court of Kent County with the proposed changes in the agreement the City of Dover will enter into on the proposed County Sewer System. These changes were requested by the City. They County is ready to prepare the final draft of this agreement for approval by the City Council. Also to be prepared is an additional 2nd agreement to be prepared by the County. Upon receipt of these, they will be forwarded to the Council members for their study prior to approval. On motion of Mr. Hastings, seconded by Mr. Walls, Council directed the City Manager to obtain the final draft and second agreement and forward to Council for their study and recommendations prior to approval.
Council adjourned at 8:50 P.M.
Jay R. Dougherty
City Clerk
All orders resolutions and ordinances adopted by City Council at its meeting of July 28, 1969 are hereby approved.
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July 29, 1969Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Crawford J. Carroll Mayor