REGULAR MEETING
June 23, 1969
The regular meeting of City Council was held on Monday, June 23, 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 June 9, 1969 were accepted and bore the written approval of Mayor Carroll.
GENERAL FUND BUDGET
On motion of Mr. Hayes, seconded by Mr. Biggs, Council by unanimous vote adopted the following ordinance adopting the General Fund Budget for the fiscal year of 1969-1970.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. The amounts hereinafter named, aggregating Two Million, Three Hundred Thousand, Eight Hundred Thirty Five Dollars and no Cents ($2,300,835.00) or so much as may be necessary, are hereby appropriated from current revenues and other funds for the use of the several departments of the Municipal Government, and for the purposes hereinafter mentioned, for the fiscal year beginning July 1, 1969 and ending June 30, 1970, as follows:
GENERAL ADMINISTRATION
Personal Services
Materials & Supplies
Fire Marshal & Building Inspector
Donations
Debt Service
Social Security & Group Insurance
Pensions
Electricity
Parking Authority
POLICE DEPARTMENT
Personal Services
Materials & Supplies
Gasoline, Oil & Grease
FIRE DEPARTMENT
Personal Services
Materials & Supplies
Gasoline, Oil & Grease
Donations
$ 105,000.00
75,000.00
50,000.00
3,000.00
366,435.00
55,000.00
35,000.00
10,000.00
17,000.00
340,000.00
47,000.00
6,000.00
21,000.00
12,000.00
1,200.00
2,000.00
$ 716,435.00
393,000.00
36,200.00
STREET & TRASH DEPARTMENT
Personal Services
Materials & Supplies
Electricity
Contractural Services
SEWER PLANT & SEWERS
Personal Services
Materials & Supplies
Electricity
WATER DEPARTMENT
Personal Services
Materials & Supplies
Electricity
STORES DEPARTMENT
Personal Services
Materials & Supplies
Gasoline, Oil & Grease
PARKS & RECREATION
Personal Services
Materials & Supplies
School Rental & Expanded Program
Donations
AMBULANCE
Personal Services
Materials & Services
New Equipment
Donations
PLANNING COMMISSION
MUNICIPAL STREET AID
CAPITAL EXPENDITURES
$ 165,000.00
75,000.00
60,000.00
55,000.00
120,000.00
60,000.00
30,000.00
48,000.00
70,000.00
40,000.00
9,400.00
4,000.00
12,000.00
70,000.00
15,000.00
25,000.00
9,500.00
20,800.00
5,000.00
20,000.00
1,500.00
$ 355,000.00
210,000.00
158,000.00
25,400.00
119,500.00
47,300.00
15,000.00
200,000.00
25,000.00
$ 2,300,835.00
2. The City Manager is hereby authorized without further approval of City Council to make interdepartmental transfers of up to 10% of the amount herein appropriated to any department.
Adopted June 23, 1969
COMMITTEE APPOINTMENTS
On motion of Mr. Jackson, seconded by Mr. Hastings, Council confirmed the recommendation of Mayor Carroll and appointed Mr. Pat Knight to fill the unexpired term of Mrs. John McClearnan on the Parks, Playgrounds and Trees Committee.
On motion of Mr. Hastings, seconded by Mr. Jackson, Council confirmed the recommendation of Mayor Carroll and reappointed Mr. Lamar Pierce to a full five year term on the Dover Parking Authority.
ANNEXATION RESULTS
The election officials who conducted the referendum held on June 14, 1969 on the question of annexation into the City of Dover certain lands located adjacent to the City of Dover, certified to the Council the results of the election as follows:
McKEE LANDS– FOR ANNEXATION 66 Votes
AGAINST ANNEXATION 0 Votes
McKEE-MINUS LANDS– FOR ANNEXATION 106 Votes
AGAINST ANNEXATION 226 Votes
LANDS BORDERED GENERALLY BY KENTON ROAD: ROAD 100; ROUTE 13 AND FORK BRANCH; SAULSBURY ROAD; MIFFLIN LANDS; MIFFLIN ROAD; HARTLY ROAD; AND OTHERS:
FOR ANNEXATION 4088 Votes
AGAINST ANNEXATION 5190 Votes
On motion of Mr. Hastings, seconded by Mr. Walls, Council accepted the results of the election as certified by the election officials.
ANNEXATION RESOLUTION
On motion of Mr. Jackson, seconded by Mr. Holpp, Council by unanimous vote adopted the following resolution.
A RESOLUTION APPROVING THE INCLUSION OF AN AREA ADJACENT TO THE CITY LIMITS ON THE SOUTH ALONG COLLEGE ROAD WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, a recent Amendment to the Charter of the City of Dover authorized the Council to extend the boundaries of the said City after a special election of the qualified voter and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deemed it in the best interest of the City of Dover to include the area adjacent to the south of the City Limits and being the lands of W. Baxter McKee more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held on the 14th day of June A.D., 1969 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, the aforementioned Amendment to the Charter of the City of Dover provides that if a majority of the votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council shall thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED:
1. That the following described area situate in East Dover Hundred, Kent County, Delaware and more particularly bounded and described herein shall be annexed to and included within the limits of the City of Dover:
ALL that certain lot, piece or parcel of land lying and being adjacent to the City of Dover in East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows, to wit:
BEING all of the lands of W. Baxter McKee lying on the north side of the College Road and being bounded on the west by Foxhall Plantation and on the east by the REA, Inc. and others and be the contents what they may.
2. That a certified copy of the Resolution of annexation together with a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County.
3. That the above described area so annexed and included within the limits of the City of Dover shall be for all purposes beginning with the effective date of this resolution be a part of the City of Dover.
4. That the effective date of this resolution shall be the 24th day of June, 1969 at 12:01 A.M. O’Clock.
Adopted June 23, 1969
ROE RESOLUTION
On motion of Mr. Legates, seconded by Mr. Hayes, Council adopted the following resolution honoring Mr. Jack T. Roe, Building Inspector and Fire Marshal, for his service as President of the Eastern Association of Fire Chiefs and a member of the President’s Advisory Board of the International Association of Fire Chiefs.
WHEREAS, the President of the Eastern Association of Fire Chiefs is Jack T. Roe of Dover, Delaware; and
WHEREAS, Jack T. Roe has been appointed a member of the President’s Advisory Board of the International Association of Fire Chiefs; and
WHEREAS, he has served as Chief of the Robbins Hose Company of Dover and is the Fire Marshal of the City of Dover;
NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF DOVER recognize the honor and distinction brought to the City of Dover by Jack T. Roe because of his affiliation with the Easter Association and International Association of Fire Chiefs, and be it further resolved that he be presented with a copy of this resolution upon its adoption and a copy sent to the Robbins Hose Company to be read at their next meeting.
Adopted June 23, 1969
HIGHWAY DEPARTMENT INVITATION
An invitation was extended to the City Council by the State Highway Department, to let the Council members examine the Department’s preliminary proposal for the Existing Dover Bypass Improvements. At this time the Council agreed to meet the Highway Department at the New Highway Administration Center on U.S. Route 113 on Monday evening, June 30, 1969 at 8:00 P.M.
DOVER SCHOOL DISTRICT REQUEST
A letter was received from the Dover Special District Superintendent, Dr. Robert T. Rasmussen, requesting permission to speak to City Council concerning a decision of the Planning Commission concerning the construction of an Administrative Center for the school district. The Planning Commission has approved the Site Development Plan for the construction of an Administrative Center, with the exception that the parking area proposed for the front of the building be reconstructed and placed on the side of same. Dr. Rasmussen stated that he felt this was an unfair decision and wishes to appeal to Council on this change. As per the Delaware Code, the direction of appeal is not with the City Council, but with the Superior Court of Kent County. On motion of Mr. Hayes, seconded by Mr. Walls, Council acknowledged receipt of this letter, and directed that the Dover Special School District be so notified.
LEGISLATIVE & FINANCE, WAGES & HOURS COMMITTEE
A written report of the Legislative & Finance, Wages & Hours Committee meeting held on Monday, June 16, 1969 was presented by Chairman Hayes. On motion of Mr. Walls, Council accepted the report as presented.
The L & F, W & H Committee has recommended the reclassification of the City Assessor, now G-17, and the Chief of Inspections, now G-20, to Classification G-21. On motion of Mr. Hayes, seconded by Mr. Biggs, Council approved the above recommendation.
RECREATIONAL-COMMERCIAL (RC) ZONE
A request has been presented to Council for the creation of a Zoning category for Recreational Commercial Zone. 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 adoption of this zoning classification, which was designed and recommended by the Planning Commission. Mayor Carroll declared the hearing closed. On motion of Mr. Hastings, seconded by Mr. Hayes, Council by unanimous vote adopted the following ordinance.
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 established permitting large recreational complexes of a commercial nature within 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 3.7B Recreational-Commercial Zone (RC)
3.7B.1 Uses Permitted No building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used in whole or in part for any purpose except the following:
3.7B.1.1 Public and private parks and playgrounds
3.7B.1.2 Athletic fields
3.7B.1.3 Baseball, football or boxing stadiums and arenas
3.7B.1.4 Public and private swimming pools and clubs
3.7B.1.5 Miniature golf courses and Pitch and Putt Golf Courses
3.7B.1.6 Golf or baseball driving ranges
3.7B.1.7 Golf courses and country clubs
3.7B.1.8 Commercial and recreational establishments, including dance halls, skating rinks, bowling alleys and other similar indoor recreational uses, but excluding penny arcades and shooting galleries.
3.7B.1.9 Circuses, carnivals and fairs provided that no part of the activity area of such use shall be within 500 feet of a residential zone.
3.7B.1.10 Hotels, motels and restaurants
3.7B.1.11 In addition, the following may be permitted as Conditional Uses under Section 10.1 of this Ordinance:
(a) Outdoor and drive-in theaters, provided that adequate screening is installed to shield all adjacent properties and public streets and alleys from the glare of lights from the parking areas.
(b) Auto, horse and motorcycle racetracks
(c) Airports and facilities incident to aviation
(d) Livery stables and riding academies, provided that the corrals shall be at least 200 feet from any dwelling, school, church, eating place and intermittent or running, natural or artificial water courses.
3.7B.1.12 Accessory Uses:
(a) Accessory uses customarily incident to the principal permitted use and any other necessary to the operation of the principal permitted use located on the same premises therewith shall also be a permitted use.
(b) Accessory uses customarily incident to the principal conditional use located on the same premises therewith shall be a conditional use.
3.7B.2 Signs and Illumination. Signs and illumination are permitted as provided in Section 5.4 and as follows:
(a) Not more than two signals shall be erected for each premises, except in the event that the premises has more than two entrances from a public street or highway, approved by the Planning Commission, one sign shall be permitted for each approved entrance.
(b) The aggregate of total sign area for each sign shall not exceed 200 square feet.
(c) Signs attached to a building shall project not more than six feet from such building and shall not extend over any street.
(d) Signs shall not extend more than 30 feet from the ground; and shall be at least 25 feet from the front lot line except for signs to be attached to buildings erected prior to the effective date of this ordinance.
(e) Signs shall not be of a brilliance, design, color or location so as to detract from or be confused with emergency vehicle warning lights, traffic signals or other official warming, directional or informational signs.
(f) Lighting within 200 feet of a residential zone shall be designed and installed so as to prevent direct illumination upon such zones. Where necessary, screening shall be installed for such purpose.
3.7B.3 Performance Standards. All uses are subject to Performance Standards as set forth in Section 5.51
3.7B.4 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 issuances of certificates of occupancy for any change of use.
2. That Article IV, Zone Bulk and Parking Regulations, is amended by adding to the said Article, a new Section as follows:
Section 4.20 Bulk and Parking Regulations for Recreational-Commercial Zone (RC)
RC Zone
Minimum Required:
Lot Area- - - - - - - - - - - - - - - - - - - - - - 5 acres
Lot Depth (ft)- - - - - - - - - - - - - - - 400
Lot Width (ft)- - - - - - - - - - - - - - - 250
Front Yard (ft)- - - - - - - - - - - - - - - 30
Side Yard (ft)- - - - - - - - - - - - - - - - 50
Rear Yard (ft)- - - - - - - - - - - - - - - - 50
Side Yard or rear yards which
adjoin a Residence Zone (ft)- - - - 100
Off-Street Parking Spaces per
300 sq. ft. of floor area 1 space, or as provided in Section 6.3
Maximum Permitted:
Stories- - - - - - - - - - - - - - - - - - - - - 10
Feet- - - - - - - - - - - - - - - - - - - - - - - 130
Floor Area Ratio- - - - - - - - - - - - - - - 4.0
3. That Article VI, Section 6.3, Subsection 6.31 Schedule of Requirement is amended by adding to the end of the said Subsection, as follows:
For: At least One Parking Space for Each:
Athletic Fields, Baseball, Football or 3 seats
Boxing Stadiums and Arenas; race tracks
Golf Courses per employee and for each one-half hole
Golf or baseball driving ranges one-half stall
Airports per employee and for each two airplanes in storage
Adopted June 23, 1969
LOUMAR REZONING
A request has been received to rezone from R-20 to C-4 and IPM the property owned by Loumar, Inc. located on the west side of U.S. Route 13, at the northerly limits of the City of Dover. A public hearing was scheduled 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 approval of the rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Walls, seconded by Mr. Hayes, Council by unanimous vote adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE PROPERTY LOCATED ON THE WEST SIDE OF U.S. ROUTE 13 AT THE PRESENT NORTHERLY LIMITS OF THE CITY OF DOVER, FROM R-20 TO C-4 AND IPM.
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 IPM on the 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 that land owned by Loumar, Inc. on the west side of U.S. Route 13, at the present northerly limits of the City of Dover, this C-4 area to extend back from U.S. Route 13 approximately 600', and by changing the zoning designation of the remainder of the Loumar, Inc. lands from R-20 to IPM.
Adopted June 23, 1969
FOX HALL ANNEXATION REQUEST
A letter was received from the owners of the Fox Hall Development that is proposed on the northwest limits of the City of Dover, requesting annexation to the City of Dover. Council discussed the possibility of annexing this area and other adjacent areas in the same referendum. Council requested that a referendum be set for the proposed annexation of this requested parcel of land and others.