REGULAR MEETING
November 27, 1967
The regular meeting of City Council was held Monday, November 27, 1967 at 7:30 P.M. with Vice-Mayor Hayes presiding, in the absence of Mayor Carroll. Council present were Messrs Biggs, Harris, Hastings, Hayes, Holpp, Hughes, Jackson and Smith.
MINUTES
The minutes of the meeting of November 13, 1967 were approved by Council and bore the written approval of Mayor Carroll.
VACATING QUICK CAR WASH ALLEY
A public hearing was held at the last Council meeting on the vacating and abandoning of an alley adjacent to and at the rear of the Quick Car Wash located on U.S. Route 13. A decision was deferred until more information could be obtained as to the rightful owners of this alley. Upon research of this alley it was determined that the alley was dedicated to public use in a plat recorded in the office of the Recorder of Deeds, Kent County in 1958. In 1964 a deed was also recorded showing this alley was conveyed in a parcel of land that was sold to the now owner, Mr. Donut. It was the opinion of the City Solicitor that the City may abandon the entire alley or any portion thereof. Upon abandonment, the City does not have to get involved in who may obtain ownership of the abandoned portion. On motion of Mr. Smith, seconded by Mr. Hayes, Council by a vote of 6 ‘yes’ and 2 ‘no’, Messrs Holpp and Jackson approved the vacating and abandonment of the alley, that portion of which is directly behind and adjacent to the property now owned by Biter & Cullen, Inc., owners of the Quick Car Wash. Upon abandonment of said portion of this alley, easements will be granted to the City for all existing utilities now located in this area.
BUILDING CODE
On motion of Mr. Hayes, seconded by Mr. Holpp, Council by a vote 7 ‘yes’ and 1 ‘no’, Mr. Harris, adopted the following ordinance:
AN ORDINANCE PROVIDING FOR FIRE LIMITS, AND REGULATIONS GOVERNING THE CONSTRUCTION, ALTERNATION, REMOVAL, DEMOLITION, EQUIPMENT, USE AND OCCUPANCY, LOCATION AND MAINTENANCE OF BUILDINGS AND STRUCTURES.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. Adoption of Building Code.
There is hereby adopted by the Council of the City of Dover for the purpose of establishing rules and regulations for the construction alternation, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties that certain building code known as the National Building Code recommend by the American Insurance Association, successor to the National Board of Fire Underwriters, being particularly the 1967 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, of which three (3) copies have been and now are filed in the office of the Clerk of Council of the City of Dover and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling in the construction of all buildings and structures therein contained within the corporate limits of the City of Dover. etc.
(Attached hereto and to be made a permanent part of these minutes is a copy of the Building Code Ordinance as adopted this date.)
Adopted November 27, 1967
J. ALLEN FREAR REZONING
A request had been received from Council for rezoning of approximately 16.84 acres of land on U.S. Route 13 owned by J. Allen Frear, Jr. The request was duly advertised for a public hearing at this date and time. Mayor Carroll declared the hearing opened. The Planning Commission has requested that this petition be denied. Mr. Walter Ellis, agent for the owner, was present and stated that the main objection, to his knowledge, was there was no access to the proposed RG-2 zone from U.S. Route 13, only throughout New Castle Avenue. Councilman Hastings stated that he understood the Planning Commission requested denial on three reasons; the access problem, the problem of traffic congestion in the area, and the proposed East-West Highway by the State Highway Department would cut across this area. Mr. Thomas Houska, of the State Highway Planning Office, was present and showed a sketch of the proposed highway as it would be laid out along South Street and across U.S. Routes 13 & 113. This sketch was a tentative sketch and no definite plans have been made to this date. The Council questioned whether other routes across town might be more desirable, but Mr. Houska stated that as far as land acquisition and construction cost, the route along South Street would be the least expensive and the most desirable to help alleviate the congestion of traffic in the downtown area. Mayor Carroll closed the hearing. On motion of Mr. Hayes, seconded by Mr. Jackson, Council by a vote of 6 ‘yes’ and 2 ‘no’, Messrs Harris and Hastings, adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING ZONING DESIGNATION OF THE PROPERTY LOCATED ON U.S. ROUTE 13 ADJACENT TO THE ST. JONES RIVER, FROM R-20 TO C-4 AND RG-2 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 C-4 and RG-2 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 to C-4 and RG-2 use the property located on U.S. Route 13 adjacent to the St. Jones River and the Capitol Green Development.
Adopted November 27, 1967
PARADEE REZONING
A request had been received from Mr. Charles Paradee for rezoning of approximately 7.8 acres of land located on the South Little Creek Road, across from the East Dover Elementary School. The request was duly advertised for this time and date. Mayor Carroll declared the hearing opened. No one was present to speak for or against this rezoning. The Planning Commission recommended the rezoning be approved. Mayor Carroll declared the hearing closed. On motion of Mr. Hughes, seconded by Mr. Biggs, Council adopted the following ordinance by unanimous vote.
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING ZONING DESIGNATION OF THE PROPERTY LOCATED ON SOUTH LITTLE CREEK ROAD ACROSS FROM THE EAST DOVER ELEMENTARY SCHOOL, FROM R-20 to RG-2 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 RG-2 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 to RG-2 use the property located on the South Little Creek Road across from the East Dover Elementary School. This property contains approximately 7.8 acres.
Adopted November 27, 1967
ORDINANCE REGULATING TRUCK TRAFFIC
It had been requested that an ordinance be prepared prohibiting trucks from operating on State Street, Loockerman Street and Governors Avenue, except for local deliveries. These streets being State maintained streets are controlled by the State Highway Department, which has stated that they would go along with any wish that the Council of the City of Dover expresses to control the truck traffic on these streets. On motion of Mr. Hayes, seconded by Mr. Hastings, Council by a unanimous vote adopted the following ordinance:
AN ORDINANCE PROHIBITING TRUCKS FROM OPERATING ON STATE STREET, LOOCKERMAN STREET AND GOVERNORS AVENUE WITHIN THE LIMITS OF THE CITY OF DOVER
WHEREAS, the Mayor and Council of the City of Dover are vested with the responsibility of providing for the health, safety and welfare of the residents of the City of Dover.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. From and after the passage of this Ordinance, is shall be unlawful for any truck to operate on State Street, Loockerman Street ad Governors Avenue within the City of Dover, except where said truck is in the process of making a local delivery where access to said location necessitates travel over and upon State Street, Loockerman Street and Governors Avenue.
2. Any person, firm, association or corporation violating the provisions of the Ordinance, upon conviction thereof, shall be fined not less than Ten Dollars ($10.00) nor more than Fifty Dollars, ($50.00), and in lieu of the payment of said fine shall be imprisoned for a period not to exceed seven (7) days.
Adopted November 27, 1967
NUR TEMPLE CIRCUS
Nur Temple of Wilmington, Delaware has contracted with Mr. David Buckson to hold there annual circus performance, in conjunction with the Clyde Beaty-Cole Bros. Circus, at the Dover Downs Raceway on Thursday, May 2, 1968, and was at this time requesting permission to obtain permits for this date. On motion of Mr. Smith, seconded by Mr. Holpp, Council granted permission to issue the necessary permit to cover the holding of this circus on this date.
OUTSTANDING CHECKS - ELECTRIC REVENUE FUND
Permission was request by the City Clerk Treasurer to write off some 72 outstanding checks in the amount of $262.25 in the Electric Revenue Fund. The checks date back prior to June 30, 1966. On motion of Mr. Holpp, seconded by Mr. Hastings, Council granted permission to write off these outstanding checks.
DELAWARE STATE NEWS LETTER
A letter was received from Mr. Joe Smyth, Managing Editor of the Delaware State News, asking for the City to reinstate a policy of several years ago which provided copies of official city reports to representatives of the press. Mayor Carroll stated at this time that copies of all the reports that are made available to the Councilmen are also made available to the press on the night of the Council Meetings, but due to the fact that some of the press are frequently late in arriving to the Council meetings, they do not pick up a copy of these reports, prior to the meeting and often not at all.
SOUTH DOVER ELEMENTARY SCHOOL PTA
A letter was received from the PTA of the South Dover Elementary School along with a resolution passed by them, requesting that the City of Dover look into the construction of sidewalks int eh area of the South Dover Elementary School. They said that their children must walk to school on many routes that do not have sidewalks, necessitating the children to often have to walk in the street, on these various routes to and from school. Mr. Neylan, City Manager, stated that the City had made a preliminary study on the need of sidewalks in Dover, especially on school routes, and would like to incorporate this in the budget for next year. All of the City property now has sidewalks installed on them. Councilman Hughes at this time brought up the question concerning the construction of sidewalks at the professional building on South Bradford and Gooden Streets, owned by the Kenbrit Corporation. Back in November, 1966 they requested of Council that they not have to install sidewalks as prescribed in the building permit issued at the time of the construction of the building. This request was denied by Council. Mr. Hughes wanted to know if anything had been done on this matter. Mr. Roe, Building Inspector, stating that the requirement to install sidewalks was in the form of a resolution, which does not prescribe any penalties. Mr. Buckson, City Solicitor, stated that if sidewalks were incorporated in the building plan submitted to and approved by the Planning Commission, they the City of Dover was within their rights to demand that these sidewalks be installed.
POLICE PROMOTIONS
Chief of Police James E. Turner was attending his last meeting of Council prior to his retirement. His statement becomes effective January 1, 1968, but with accumulated leave Chief Turner will be leaving his post as of November 30, 1967. Mayor Carroll at this time presented Chief Turner with a plaque of the City of Dover and thanked him for his cooperation with the City and all the service which Chief Turner gave to the City and the Police Department during his tenure as Chief of Police. Mayor Carroll then stated that effective December 1, 1967 the following promotions would take place in the Police Department:
Captain William L. Spence promoted to Chief of Police
Sergeant Charles D. Donovan promoted to Lieutenant
Corporal William H. Knotts promoted to Sergeant
Corporal George E. Scuse promoted to Sergeant
Corporal Lyle R. Dabson promoted to Sergeant
Detective Kline G. Kemp promoted to Detective Sergeant
Patrolman Fred R. Kowinsky promoted to Corporal
Patrolman Ralph C. Jones promoted to Corporal
Patrolman Lyle M. Baltrusch promoted to Corporal
Council adjourned at 9:30 P.M.
Jay R. Dougherty
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of November 27, 1967 are hereby approved.
November 28, 1967 Crawford J. Carroll Mayor
ATTACHMENT
AN ORDINANCE PROVIDING FOR FIRE LIMITS, AND REGULATIONS GOVERNING THE CONSTRUCTION, ALTERNATION, REMOVAL, DEMOLITION, EQUIPMENT, USE AND OCCUPANCY, LOCATION AND MAINTENANCE OF BUILDINGS AND STRUCTURES.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 1. Adoption of Building Code.
There is hereby adopted by the Council of the City of Dover for the purpose of establishing rules and regulations for the construction alternation, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties that certain building code known as the National Building Code recommend by the American Insurance Association, successor to the National Board of Fire Underwriters, being particularly the 1967 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, of which three (3) copies have been and now are filed in the office of the Clerk of Council of the City of Dover and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling in the construction of all buildings and structures therein contained within the corporate limits of the City of Dover.
Section 2. Establishment of Office or Building Official.
(a) The office of building official is hereby created and the executive official in charge shall be known as the building official.
(b) The building official shall be appointed by a Council of the City of Dover. His appointment shall continue during the pleasure of the Council of the City of Dover.
(c) During temporary absence or disability of the building official the Council of the City of Dover shall designate an acting building official.
Section 3. Qualifications of Building Official.
To be eligible to appointment, the candidate for the position shall meet with the qualifications of the job evaluation of the City of Dover for Building Inspector, approved by the Council of the City of Dover.
Section 4. Duties of Building Official.
(a) The office of building official shall receive applications required by this code, issue permits and furnish the prescribed certificates. He shall examine premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with and that construction is prosecuted safely. He shall enforce all provisions of the building code. He shall, when requested by proper authority, or when the public interest so requires, make investigations in connection with matters referred to in the building code and render written reports on the same. To enforce compliance with law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction, or to require adequate exit facilities in buildings and structures, he shall issue such notices or orders as may be necessary.
(b) Inspections required under the provisions of the building code shall be made by the building official or his duly appointed assistant. The building official may accept reports of inspectors of recognized inspection services, after investigation of their qualifications and reliability. No certificate called for by any provision of the building code shall be issued on such reports unless the same are in writing and certified to by a responsible officer of such service.
(c) The building official shall keep comprehensive records of applications, of permits issued, of certificates issued, of inspections made, of reports rendered, and of notices or orders issued. He shall retain on file copies of required plans and all documents relating to building work so long as any part of the building or structure to which they relate may be in existence.
(d) All records shall be open to public inspection for good and sufficient reasons at the stated office hours, but shall not be removed from the office of the building official without his written consent.
(e) The building official shall make written reports to the Mayor and Council of the City of Dover once each month, or more often if requested, including statements of permits and certificates issued, and orders promulgated.
Section 5. Liability of Building Official.
The building official or any employee charged with the enforcement of this Code, acting in good faith and without malice for the City in the discharge of his duties, shall not thereby render himself liable personally and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his duties. Any suit brought against the building official or employee, because of such act or omission performed by him in the enforcement of any provisions of this code, shall be defended by the legal department of the city until final termination of the proceedings.
Section 6. Cooperation of Other Officials.
The building official may request and shall receive so far as may be necessary, in the discharge of his duties, the assistance and cooperation of other officials of the municipality.
Section 7. Right of Entry.
The building official, in the discharge of his official duties, and upon proper identification, shall have authority to enter any building, structure, or premises at any reasonable hour.
Section 8. Definitions.
(a) Wherever the word “Municipality” is used in the Building Code, it shall be held to mean the City of Dover.
(b) Wherever the term “Corporation Counsel” is used in the Building Code, shall be held to mean the Solicitor for the City of Dover.
Section 9. Fire Limits Established.
The Fire Limits of the City of Dover are hereby established as follows:
ALL that certain area of land, lots or properties, included in the following bounds to-wit:
BEGINNING at a point of intersection of the easterly right of way line of the Delaware Railroad and the southerly right of way line of North Street; thence in an easterly direction with the said southerly right of way line of North Street in part to the westerly edge of the St. Jones River; thence with the said westerly edge of the St. Jones River in part with the westerly edge of Mirror Pond in part to the point of intersection of the northerly right of way line on Minor Street Projected; thence in a westerly direction with the said northerly right of way line of Minor Street Projected in part and with the northerly boundary of Minor Street to a point opposite the intersection of Loockerman Street and Forest Street; thence with a line parallel to Forest Street in a northwesterly direction to the easterly right of way line of the Delaware Railroad, the last two said lines including and intended to include all properties fronting or abutting on Loockerman or Forest Street; thence with the easterly right of way line of the Delaware Railroad home to the place of beginning be the contents what they may.
Section 10. Fees.
(a) No permit as required by the building code shall be issued until the fee prescribed in this ordinance shall have been paid. Nor shall an amendment to a permit be approved until the additional fee, if any, due to an increase in the estimated cost of the building or structure, shall have been paid.
(b) For a permit for the construction or alterations of a building or structure, the fee shall be at the rate of TWO DOLLARS ($2.00) for the first five hundred dollars or fraction thereof of the estimated cost, plus TWO DOLLARS ($2.00) for the second five hundred dollars or fraction thereof of the estimated cost, plus TWO DOLLARS ($2.00) for each additional one thousand dollars or fraction thereof of the estimated cost; but not less than TWO DOLLARS ($2.00) in any case.
(c) For a permit for the removal of a building or structure from one lot to another, the fee shall be TWENTY-FIVE DOLLARS ($25.00).
(d) For a permit for the removal of a building or structure to a new location within the same lot, the fee shall be TWENTY-FIVE DOLLARS ($25.00).
(e) In case of abandonment or discontinuance, the cost of work performed under a permit may be estimated, an adjustment of the fee made and the portion of the fee for uncompleted work returned to the permit holder, provided that no refund of a prescribed minimum fee shall be made. If such discontinuance is due to revocation of permit, a similar adjustment and return may be made; provided that no refund shall be made until all penalties incurred or imposed by due authority have been collected. After such a refund has been made no work shall be resumed until a new application has been made and a new permit has been issued.
(f) The term “estimated cost” as use in this section, means the reasonable value of all services, labor, materials, and use of scaffolding and other appliances or devices entering into and necessary to the prosecution and completion of the work ready for occupancy; provided that the cost of excavation or grading, and of painting, decorating or other work that is merely for embellishment or not necessary for the safe and lawful use of the building or structure, is not deemed a part of such estimated cost.
Section 11. Amendments Made in Said Code.
The said code is amended and changed in following respects:
(a) Article I. Administration., Section 106. Unsafe Buildings and Structures, Paragraph 104.1 to 104.8 inclusive, is deleted in its entirety.
(b) Article I. Administration., Section 106. Penalties., Paragraph 106.1. Non-Compliance. is deleted in its entirety and new Article I. Administration., Section 106. Penalties., Paragraph 106.1. Non-Compliance. shall be inserted in lieu thereof to read as follows.
A person who shall violate a provision of this code or fails to comply therewith or with any of the requirements thereof, or who shall erect, construct, add to or alter, move or demolish, or has erected, constructed, added in violation of a detailed statement or plan submitted and approved thereunder, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor; also the owner of a building or structure, or portion thereof, or of the premises where anything in violation of this code shall be placed or shall exist, and an architect, engineer, builder, contractor, agent, person or corporation employed in connection therewith an who assisted in the commission of such violation. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any provision of this code is committed or continued and upon conviction of such violation each person shall be subject to a fine of not less than $10.00 or more than $100.00.
(c) Article I. Administration., Section 107. Board of Appeal., Paragraph 107.1. Appointment. is deleted in its entirety and new Article I. Administration., Section 107. Board of Appeal., Paragraph 107.1. Appointment. shall be inserted in lieu thereof to read as follows:
It is hereby established in the City of Dover a board to be called the Board of Appeal consisting of three (3) members, one of whom shall be the City Manager of the City of Dover and the other two (2) being members of the Council of the City of Dover.
(d) Article I. Administration., Section 107. Board of Appeal., Paragraph 107.2. Term of Office. is deleted in its entirety and new Article I. Administration., Section 107. Board of Appeal., Paragraph 107.2. Term of Office. shall be inserted in lieu thereof to read as follows:
The City Manager of the City of Dover shall be a member of the Board of Appeals by virtue of his office. The two (2) members of the Council of the City of Dover shall be designated by the Council within 30 days from the effective date of this ordinance and thereafter as designated by the Council at the Annual Organization Meeting.
(e) Article I. Administration., Section 107. Board of Appeal., Paragraph 107.3. Quorum. is deleted in its entirety and new Article I. Administration., Section 107. Board of Appeal., Paragraph 107.3. Quorum. shall be inserted in lieu thereof to read as follows:
Two (2) members of the board shall constitute a Quorum. In varying the application of any provision of this code or in modifying an order of the Building Official, affirmative votes of two (2) members shall be required. No member of he board shall pass upon any question in which he, or any corporation in which he is a shareholder, is interested.
(f) Article XIV. Gas Piping and Plumbing. is deleted its entirety.
(g) Article XV. Electrical Installations. is deleted in its entirety.
(h) Article XVI. Signs and Outdoor Display Structures. is amended by inserting new Section 1603. Inconsistent Provisions. to read as follows:
In the event that any provisions of this Article which are inconsistent or in conflict with any of the provisions of Zoning Ordinance of the City of Dover, the Zoning Ordinance of the City of Dover shall take precedence over the provisions of this article.
(i) Appendix Q. An Ordinance Providing for Fire Limits, and Regulations Governing the Construction, Alternation, Removal, Demolition, Equipment, Use and Occupancy, Location and Maintenance of Buildings and Structures. is deleted in its entirety.
Section 12. Saving Clause.
Nothing in this ordinance or the building code hereby adopted shall be construed to affect any suit or proceeding now pending on any court, or any rights acquired, or liability incurred, no any cause or causes or action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy or any character be lost, impaired or affected by this ordinance.
Section 13. Validity.
The invalidity of any section or provision of this ordinance or of the building code hereby adopted shall not invalidate other sections or provisions thereof.
Section 14. Inconsistent Ordinances Repealed.
Ordinances or parts thereof in force at the time that this ordinance shall take effect and inconsistent herewith, are hereby repealed, except as noted in Article XVI. Signs and Outdoor Display Structures., Section 1600. General., Paragraph 1603.
Section 15. Date of Effect.
This ordinance shall take effect 30 days after its approval as required by law.
Adopted November 27, 1967