REGULAR MEETING
The regular meeting of City Council was held on Monday, September 9, 1968 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Harris, Hastings, Hayes, Holpp, Hughes Jackson and Smith. Councilman absent were Biggs and Smith.
The invocation was said by the Rev. C. W. Adams of the First Southern Baptist Church of Dover.
MINUTES
The minutes of the regular meeting of Council held on August 26, 1968 were accepted by Council and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police for the month of August was accepted.
Report of the Building Inspector and Fire Marshal for the month of August was accepted.
Report of the Acting Alderman for the month of August was accepted. Fines in the amount of $409.40 were remitted to the City of Dover.
Report of the J. P. Court #7 for the month of August was accepted. A check in the amount of $2,383.00 was remitted to the City of Dover.
Report of Cash Receipts, General Fund, for the month of August was accepted.
Report of Budget, General Fund, for the month of July was accepted.
Cash Receipts, Electric Revenue Fund, for the month of August was accepted.
Cash Receipts, Electric Improvement Fund, for the month of August was accepted.
Report of the City Manager for the month of August was accepted.
ELECTRIC HEAT BUDGET BILLING
The installation of electric heat in many homes and businesses in Dover is now being considered. City Manager Neylan recommended to Council an addition to the Electric Department Policy to permit budget billing where electric heat is involved. On motion of Mr. Hastings, seconded by Mr. Holpp, Council authorized the following addition to the Electric Department Policy:
“Budget billing will be permitted for residential customers who have electricity heated homes. Monthly budget payments will be based on estimated cost of total consumption for the ten month period, October through July, with refunds or additional billings being made in the remaining two months. Adjustments in monthly budget payments may be made after January billing, which may indicate that original estimate of consumption was too high or too low. Residential customers who rent or lease will be required to make a deposit, initially an amount equal to the estimated monthly budget payment. A deposit may be required of home owners who fail to meet monthly payments. An increased deposit may be required of home renters who fail to meet monthly payments.”
WORKABLE PROGRAM
A workable program for Community Improvement has been prepared for submission to the Department of Housing and Urban Development for certification. Certification of the Workable Program by HUD is a prerequisite to participation in Federal programs by the Dover Housing Authority, or by the City of Dover itself in a great number of other Federal programs. On motion of Mr. Jackson, seconded by Mr. Hastings, Council authorized the Mayor to sign and submit to the Federal Housing and Urban Development Department the workable program as prepared by the City Planning department.
DELMARVA REZONING REQUEST
A request has been received from Delmarva Warehouse Inc. to rezone from M to C1-A a parcel of land they own on the South Side of Walker Road. A public hearing is required prior t any change in the Zoning Ordinance and Zoning Map. On motion of Mr. Hayes, seconded by Mr. Hastings, Council adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP AND DIRECTING THAT A NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain land located on the South Side of Walker Road, owned by Delmarva Warehouses, Inc., is presently zoned for M 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, IN COUNCIL MET:
1. That a public hearing be held at City Hall at 8:00 P.M. on October 14, 1968 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from M to C1-A that land located on the south side of Walker Road, owned by Delmarva Warehouses Inc., and containing approximately 1 acre.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted September 9, 1968
PUBLIC HEARING - WATER FLUORIDATION
A notice was received from the Delaware State Board of Health of a public hearing to be held on Thursday, September 26, 1968 at 10:30 A.M. at the State Board of Health Building in Dover, for the purpose of receiving comments from operators of public water systems located in Delaware in connection with the fluoridation of their water supplies. On motion of Mr. Holpp, seconded by Mr. Jackson, Council directed the City Manager to attend said public hearing and the Utility Committee to make a review of the firm proposal of the City of Dover in conjunction with the fluoridation of the City of Dover water supply.
EHRLICH REZONING
A request has been received from J. Ehrlich Realty Company to rezone approximately 5.75 acres of land located of Spruance and Willis Roads. A public hearing was duly advertised for this time and date. Mayor Carroll declared the hearing opened. Mr. William Lageman, 75 Mitchner Road, presented to Council a petition of approximately 170 signatures of residents in the area, expressing their complaint to the construction of Town Houses, or Roe Houses, feeling that this type of housing would degrade the area and cause a loss in value of their present property values. Mr. Frank Pullella, the proposed builder and Mr. Robert Georges, owner, both addressed the Council at this time and stated that they felt that low cost housing was needed in Dover and this type of zoning would permit the building of this type of housing, which would sell approximately in the $15,000 range, which they felt would not be considered substandard housing, which is the feeling of the residents of the area expressed by Mr. Lageman, spokesman for the group. Mr. John Longobardi, owner and builder of Dickinson Arms Apartments, Inc., which is adjacent to the area proposed for rezoning, presented a letter to Council protesting any such development, claiming it would be detrimental to the surrounding properties which would ultimately result in a loss of property value. Many other residents of this area were present and expressed to Council their feelings and protests to the rezoning of this area. They felt this would cause an over-crowding of the neighborhood, and that the area was designed for single-family dwellings and they would like to see it remain that way. The Planning Commission, in its meeting of August 19, 1968, deferred action on this request until its meeting of September 16, 1968. Mayor Carroll then declared the hearing closed. On motion of Mr. Holpp, seconded by Mr. Hayes, Council deferred any motion of this request until such time as a recommendation can be received from the Planning Commission.
THOMAS REZONING
A request has been received from George Thomas to rezone approximately 1 acre of land located on the east side of Saulsbury Road. A public hearing duly advertised for this time and date. Mayor Carroll declared the hearing opened. Mr. John Naylor, proposed buyer of this land, addressed Council and stated that he would like to construct a furniture warehouse on this property, pending rezoning. No one else was present to speak for or against the rezoning. The Planning Commission recommended the approval for rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Hastings, seconded by Mr. Harris, Council by a vote of 6 ‘yes’ and 2 ‘absent’, Messrs Biggs and Smith, 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 AT 93 SAULSBURY ROAD AND OWNED BY GEORGE THOMAS, FROM R-20 TO C-3.
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-3 use on the property described below, and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. 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-3 use on the land owned by George Thomas and located on Saulsbury Road, east side, approximately 200' north of Carver Road and containing approximately 1 acre.
Adopted September 9, 1968
JEFFERIC REZONING
A request has been received from Jefferic Enterprises, Inc. to rezone approximately 6 acres of land they own in Towne Point North. A public hearing was duly advertised for this time and date. Mayor Carroll declared the hearing opened. Mr. Joel Courtman of Jefferic Enterprises and Mr. Nate Cohen, Real Estate Agent of Towne Point North, addressed the Council and stated they felt there was a need for the type of zoning that would permit the construction of Towne Houses in this area. Mr. Chet Allen, a resident of Towne Point, was present and questioned whether these homes would be constructed so as they might turn into tenement homes in the next 5 to 10 years. No one else was present to speak for or against the rezoning. The Planning Commission, at its meeting held on August 9, 1968, deferred action on this request until their next meeting. Mayor Carroll declared the hearing closed. On motion of Mr. Holpp, seconded by Mr. Hayes, Council deferred any action on this request until such time as a recommendation can be received from the Planning Commission.
SAPP REZONING
A request has been received from Dawson Sapp and Bobby Steirs to rezone approximately 1.5 acres of land they own on U.S. Route 113 (Bay Road). A public hearing was duly advertised for this time and date. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission recommended approval of the rezoning. On motion of Mr. Hughes, seconded by Mr. Hastings, Council 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 U.S. ROUTE 113, OWNED BY DAWSON SAPP AND BOBBY STIERS, FROM R-20 TO C-4.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the sue 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 and C-4 use on the property described below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. 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 tp C-4 use on the land owned by Dawson Sapp and Bobby Steirs located on U.S. 113, west side, and containing approximately 1.5 acres.
Adopted September 9, 1968
BLUE COAT INN REZONING
A request has been received from the Blue Coat Inn, Inc. to rezone their property located on North State Street Extended and adjacent to Silver Lake. A public hearing was duly advertised for this time and date. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has recommended the approval of the rezoning. City Manager Neylan addressed the Council and stated that he felt that the permitted uses under C-2A zoning were too liberal for this area and thought that the zoning designation of I0 would be more applicable to this rezoning request. Mayor Carroll declared the hearing closed. On motion of Mr. Hughes, seconded by Mr. Holpp, Council deferred action of this request, until such time as the City Manager might contact the owner of the Blue Coat Inn as to his feelings on the change in the zoning designation of the rezoning, and the City Manager to report back to Council at its next meeting.
CITY OF DOVER CODE, 1968
A public hearing was duly advertised for this time and date for the purpose of adopting the City of Dover Code, a recodification of the Ordinances of the City of Dover. Mayor Carroll declared the hearing opened. No one was present to speak for or against the adoption of the Code. Mayor Carroll declared the hearing closed. On motion of Mr. Holpp, seconded by Mr. Hastings, Council by a vote of 6 ‘yes’ and 2 ‘absent’, Messrs Biggs and Smith, adopted the following ordinance.
AN ORDINANCE TO CODIFY AND CONSOLIDATE INTO A CODE THE ORDINANCES OF THE CITY OF DOVER OF A GENERAL AND PERMANENT NATURE; TO DECLARE THAT THE CODE SHALL BECOME IN FULL FORCE AND EFFECT ON SEPTEMBER 9, 1968; AN TO REPEAL AS OF THAT DATE ALL ORDINANCES AND PARTS OF ORDINANCES OF A GENERAL AND PERMANENT NATURE NOT INCLUDED IN THAT CODE, WITH CERTAIN LIMITATIONS AND EXCEPTIONS; TO PROVIDE FOR THE INCLUSION IN THAT CODE OF GENERAL ORDINANCES AND AMENDMENTS WHICH SHALL HAVE BEEN ADOPTED AFTER SEPTEMBER 9, 1968; TO PROVIDE THAT THE CODE BE KEPT ON FILE FOR PUBLIC INSPECTION; AND TO PROVIDE FOR THE PUBLISHING OF THIS ORDINANCE AND THE CODE OF ORDINANCES ADOPTED THEREBY.
WHEREAS, pursuant to Section 17 of the Dover, Delaware Charter (1961), the Council of the City has caused a Code to be prepared containing all the ordinances of the City of a General and permanent nature omitting therefrom, however, certain ordinances hereinafter specifically enumerated; and
WHEREAS, this Ordinance has been published in a newspaper of general circulation in the City of Dover, for one (1) week prior to the date established when it shall be considered for passage, and the Council of the City has caused a copy of the Code to be prepared and made available for public inspection and all applicable State laws have been complied with; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. Authorization That the ordinances of the City of Dover of a general and permanent nature which are appropriate for continuation as law, as codified and printed and heretofor made available for public distribution and inspection, one (1) copy of which is annexed hereto, consisting of Chapters 1 to 33, are ordained as general ordinances of the City of Dover as authorized by Section 17 of the Charter of the City of Dover, Delaware (1961), and shall constitute “THE CODE OF THE CITY OF DOVER, DELAWARE.”
2. Repeal of prior general ordinances That the provisions of the Code shall be in ful force and effect on and after September 9, 1968, and all ordinances of general application in full force and effect on that date and not contained in that Code are hereby repealed from and after that day, except has hereinafter provided. On and after that date, all violations against any provision of the Code shall be charged and prosecuted as in violation of this Ordinance and the particular Section or Sections of the Code involved, or as it may thereafter be amended.
3. Exceptions to repeal of prior ordinance. That the repeal provided for in the preceding Section of this Ordinance shall not affect the following:
(a) Offense, penalty, forfeiture. Any offense or act committed or done or any penalty or forfeiture incurred before the day this Ordinance shall become law.
(b) Contract or right. Any contract or right established or accruing before the day this Ordinance shall become law.
(c) City indebtedness or obligation. Any ordinance or resolution promising or guaranteeing the Payment of money for the City or authorizing the issue of any bonds of the City or any evidence of the City’s indebtedness, or any contract or obligation assumed by the City before the day this Ordinance shall become law.
(d) Administrative regulations. The administrative ordinances or resolutions of the City Council not in conflict or inconsistent with the provisions of the Code.
(e) Annual appropriations. The annual appropriations ordinances.
(f) Tax levy. An ordinance levying or imposing any tax for one (1) year only.
(g) Special ordinances. Any special, temporary or non-continuing ordinance.
(h) Status of public streets and property. An ordinance or resolution dedicating, opening, vacating or closing any park, square or alley or changing the name of any street, park, square or alley.
(i) Improvements and assessments. An ordinance or resolution of the City providing for local improvements or levying assessments for local improvements.
(j) Pending actions and judgements. Any prosecution, suit or proceeding pending, or any judgement rendered on or prior to the day this Ordinance shall become law.
(k) General ordinances adopted on or after September 9, 1968, which date constitutes the cut-off date for the inclusion of general ordinances in the initial publication of this Code.
4. Additions and amendments. That any additions or amendments to the Code, when passed in such form as to indicate the intention of the City Council to make them a part of the Code, shall be deemed to be incorporated in the Code so that a reference to “THE CODE OF THE CITY OF DOVER, DELAWARE,” shall be understood as including them.
5. Code on public file. That a copy of the Code of the City of Dover, Delaware, as amended from time to time, shall be kept on file in the office of the City Clerk, preserved in loose-leaf form, or in such other form as may be most expedient. It shall be the express duty of the City Clerk or someone authorized by him, to insert in their designated places, when printed or reprinted in page form, all amendments or ordinances which indicated the intention of the City Council. This copy of the Code shall be available, during reasonable hours, to all persons desiring to examine it and shall be considered the official Code of Ordinances of Dover.
6. Publication. That this Ordinance which includes the Code, shall be published in book form and this Ordinance, but without the Code, shall be printed in the official journal of the City Council.
7. Severability. That if any Section or part of this Ordinance of Code be for any reason held unconstitutional or invalid by a court of competent jurisdiction, that holding shall not effect the validity of the remaining portion of the Ordinance or Code, but the remaining portion shall be and remain in full force and effect.
8. Date of effect. That the Code of the City of Dover shall take effect and be in force from and after the date of its passage.
Adopted September 9, 1968
CRAWFORD J. CARROLL, JAY R. DOUGHERTY,
MAYOR CITY CLERK
Council adjourned at 9:15 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of February 26, 1968 are hereby approved.
September 10, 1968 Crawford J. Carroll Mayor