REGULAR MEETING
October 23, 1967
The regular meeting of City Council was held Monday, October 23, 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, Jackson and Smith. Councilmen Hughes was absent.
MINUTES
The minutes of the Meeting of October 9, 1967 were approved and bore the written approval of Mayor Carroll.
ANNUAL AUDIT REPORT
The annual audit report was received by Council, and it was requested by Council that Mr. Manter, of the firm of Manter & Richardson, be contacted and asked to be present at the Council meeting of November 13th, and formally present the report to Council.
HALLOWEEN
On motion of Mr. Smith, seconded by MR. Holpp, Council authorized the Mayor to issue a proclamation limiting the observance of Halloween to October 31, 1967 and setting a curfew of 10:00 P.M., subject to the penalties provided by the ordinances of the City of Dover.
AMBULANCE
Mr. Neylan, City Manager, gave a report on the continuance of ambulance service after October 31st, the date Mr. Torbert has set as his last day of operating such a service if further arrangements cannot be worked out with the City. Mr. Torbert had requested a subsidy of $9,000 per year to continue operating the ambulance service as it has been in the past. Mr. Neylan has proposed that the City take one of serval alternates concerning the continuance of the service, those being; guarantee payment for every call answered in the City of Dover, provide volunteer drivers from the City’s employee during working hours, the City purchase the ambulance business and operate it on its own, or subsidize Mr. Torbert $4,500 per year, in lieu of the $9,000 originally requested.
Mr. James D. Quillen requested to address Council at this time. He stated that he is an active member of a local safety group and expressed an offer of any service whatsoever to keep the ambulance service operating in the City of Dover. He felt that there were enough local organizations that volunteers should be able to operate such a service.
Council then discussed the alternatives presented by Mr. Neylan. On motion of Mr. Harris, seconded by Mr. Hastings, Council authorized the City Manager to make a formal proposal to Mr. Torbert stating the City would subsidize him in the present operation of the service to the extent of $4,500 per year. This would be on a yearly basis, with a 90 day notice for discontinuance by either party. The fees are to be set at a charge of $5 for each call answered for long distance service.
SEWAGE PLANT STUDY
Albright & Friel, Inc. are presently making a study of the facilities of the City’s sewage plant. The study in not quite complete, but they have come up with four proposals that they would like to discuss with the Council, at a time convenient to the Council. In general the four proposals are; the City to expand its present secondary treatment and install tertiary treatment, City treatment of the sewage without General Foods, City incorporating with the County, and finally the combination of the City expansion and going in with the County. Mr. Harris then stated that he understood the County was going ahead with plans to lay a pipe line from North Dover to Dover and empty into the St. Jones River at approximately the present site for our plant. Mr. Neylan stated that this was proposed but a public hearing would be held on the matter by the Water and Air Resources Commission this Wednesday, October 25th at 4:00 P.M. and the City would be represented at this hearing. Mr. Harris felt that the City should take action to stop this if this be the course that the County is going to take. It was then decided that the Council would meet with the representatives of Albright & Friel on Monday, October 30, 1967 at 7:30 P.M.
SCHOOLVIEW HEARING
A public hearing was scheduled for this date to consider a rezoning of two lots at the entrance of the Schoolview Development. Mr. Nate Cohen, on behalf of the builder of Schoolview Development sent a request to Council asking that this rezoning public hearing be withdrawn. On motion of Mr. Hayes, seconded by Mr. Holpp, Council accepted the request and canceled the public hearing.
QUICK CAR WASH ALLEY
A request was received from the owners of the Quick Car Wash on U.S. Route 13 to abandon a 20' x 350' alley at the rear of their property. The properties affected by this would be the Capitol City Motel, Quick Car Wash, the residence of Gerald Cullen, and the Mister Donut. There was a question arose as to whether the City had any utilities running through this alley. On motion of Mr. Smith, seconded by Mr. Hastings, Council be a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Hughes, adopted the following resolution and requested the City Manager plot the utilities on this property for consideration by Council.
RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF AN ALLEY TO THE REAR AND ADJACENT TO THE QUICK CAR WASH ON U.S. ROUTE 13
1. Council of the City of Dover is considering the vacating and abandonment of an alley to the rear of and adjacent to the Quick Car Wash, Inc. on U.S. Route 13. This alley is 20' in width and runs for a distance of approximately 350' from Kings Highway to the rear of the Capitol City Motel.
2. The Council of the City of Dover will sit on Monday, November 13, 1967 at 8:00 P.M. at the City Hall to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158, Volume 36, Laws of Delaware).
3. The Clerk of Council is hereby directed to post copies of this resolution in five or more places in the City and to publish the same in a newspaper published in the said City.
Adopted October 23, 1967
AMEND ZONING ORDINANCE
A request had been presented to Council to amend the Zoning Ordinance by setting up procedures for the submission of applications required by the Planning Commission. The request was duly advertised for a public hearing at this date and time. Mayor Carroll declared the hearing opened. No one being present to speak either for or against the request, Mayor Carroll closed the hearing. On motion of Mr. Jackson, seconded by Mr. Biggs, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Hughes, passed the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DOVER, DELAWARE, AS APPROVED BY COUNCIL ON NOVEMBER 27, 1961.
WHEREAS, Article X of the Zoning Ordinance of the City of Dover, Delaware sets forth procedures for the submission of applications to the Planning Commission for conditional use and site development plan approvals and Article XI of the said ordinance sets forth procedures for the submission of petitions to the Council for an amendment to the Zoning Map, and
WHEREAS, it has been recommended by the Planning Commission that the submission requirements of Article X and Article XI be amended to clarify the procedure for the submission of such applications.
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:
(Attached hereto and to be made a permanent part of these minutes it a copy of the amendments to this Zoning Ordinance to become effective the date of its passage.)
Adopted October 23, 1967
VACATING SHORT STREET
A public hearing was duly advertised for this date and time for the purpose of vacating and abandoning Short Street, also known as ‘No Name Street’. Mayor Carroll declared the hearing opened. No one being present to speak for or against this request, Mayor Carroll closed the hearing. On motion of Mr. Smith, seconded by Mr. Biggs, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Hughes, granted the request to vacate and abandon Sort Street as of this date.
GENERAL SOCIETY
A letter was received from the Dover Choral Society outlining their upcoming schedule of presentations to be held in the City of Dover. They also explained in this letter that these presentations that they make incur quite a bit of expense, which they must obtain from outside sources, since they do not charge admission to their productions. They are presenting Handel’s “Messiah” this December in the Middle School Auditorium and it will cost them $1000 to produce. They are asking at this time that the City of Dover donate to them the $1000 needed to cover the majority of the expense in this production. On motion of Mr. Hayes, seconded by Mr. Jackson, Council by a vote of 6 ‘yes’, 1 ‘no’, Mr. Holpp, and 1 ‘absent’, Mr. Hughes, denied this request.
SANTA CLAUS HOUSE
A letter was received from the Central Dover Merchants Association requesting permission to place a house trailer at the corner of Bradford and Loockerman Street to be used as a headquarters for Santa Claus. This is a similar request to that which was approved last year. On motion of Mr. Hastings, seconded by Mr. Hayes, Council granted this request.
STATE PLANNING MEETING
Mr. Neylan, City Manager, stated that a meeting was trying to be arranged between the City of Dover Planning Commission, the City Council and the State Planners Office. This meeting has been requested by the Planning Office of the State of Delaware to acquaint the City of Dover officials with the State office and personnel, so that they may further be of any assistance to the City of Dover in the future.
ORDINANCES
On motion of Mr. Smith, seconded by Mr. Hayes, Council by a vote of 7 ‘yes; and 1 ‘absent’ Mr. Hughes, passed the following ordinance.
AN ORDINANCE TO PROHIBIT PARKING OF VEHICLES ON CERTAIN PORTIONS OF THE STREETS OF THE CITY OF DOVER
WHEREAS, the parking of motor vehicles on certain portions of Water Street and Queen Street constitutes a hazard to the free flow of traffic on the streets mentioned above; and
WHEREAS, the Mayor and Council deem it in the best interests of the residents of the City of Dover and in the best interests of those individuals operating motor vehicles on the above referred to streets to prohibit parking on certain portions of said streets.
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, it shall be unlawful for any person, firm, association or corporation to park any vehicle on either Water Street or Queen Street, and on either side of the said streets, for a distance of thirty-five (35) feet in all directions from the intersections of the right-of-way lines of the two above mentioned streets.
2. Any person, firm, association or corporation convicted of a violation of this Ordinance shall be fined not less than One ($1.00) Dollar nor more than Twenty-five ($25.00) Dollars, or upon failure to pay such fine shall be imprisoned not more than five (5) days.
Passed October 23, 1967
On motion of Mr. Jackson, seconded by Mr. Hastings, Council by a vote of 7 ‘yes’ and 1 ‘absent’ Mr. Hughes, passed the following ordinance:
AN ORDINANCE PROVIDING FOR THE ERECTION OF A STOP SIGN AT THE INTERSECTION OF LOOCKERMAN STREET BEFORE ENTERING SLAUGHTER STREET WITHIN THE LIMITS OF THE CITY OF DOVER
WHEREAS, Title 21, Delaware Code, Section 502, vests in the local Authorities the right to install signs notifying drivers of motor vehicles to come to a full stop and to yield the right-of-way; and
WHEREAS, the Police Department of the City of Dover has deemed it necessary and advisable to install such stop signs at the intersections of certain hereinafter named streets.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET, THAT:
1. From and after the passage of this Ordinance, no vehicle shall enter onto any of the following described streets without first coming to a full stop, nor shall any individual operate a motor vehicle so as to enter onto any of the following streets without first coming to a full stop:
Stop on Loockerman Street before entering Slaughter Street in an easterly direction.
2. From and after the passage of this Ordinance the Stop Sign on Slaughter Street before entering Loockerman Street shall be removed.
3. That the Police Department of the City of Dover, pursuant to Title 21, Delaware Code, Section 505, is hereby authorized and empowered to install the necessary signs and/or symbols at the locations and intersections mentioned above.
4. Any violation of the provisions of this Ordinance shall result in prosecution under the laws of the State of Delaware, and any fined and/or imprisonment shall be as provided in the applicable provisions of the Delaware Code.
Passed October 23, 1967
On motion of Mr. Hayes, seconded by Mr. Harris, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Hughes, passed the following Ordinance.
AN ORDINANCE REGULATING AND RESTRICTING PARKING OF VEHICLES ON A PORTION OF THE WESTERLY SIDE OF GOVERNORS AVENUE, IN THE CITY OF DOVER, AND PROVIDING PENALTIES THEREFORE.
WHEREAS, the parking of motor vehicles on a certain portion of the westerly side of Governors Avenue constitutes a hazard to the free flow of traffic on the street mentioned above; and
WHEREAS, the Mayor and Council deem it in the best interests of the residents of the City of Dover and the best interests of those individuals operating motor vehicles on the above referred to street, to prohibit parking on certain portions of said street.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET, THAT:
1. From and after the passage and approval of this Ordinance, it shall be unlawful for any person, firm, association or corporation to park any vehicle on the westerly side of Governors Avenue for a distance of two hundred thirty-five (235) feet measured in a northerly direction along the westerly side of Governors Avenue from its intersection with the northerly line of Wyoming Avenue.
2. Any person, firm, association or corporation convicted of a violation of this Ordinance shall be fined not less than One ($1.00) Dollar nor more than Twenty-I’ve ($25.00) Dollars, or upon failure to pay such fine shall be imprisoned not more than five (5) days.
Passed October 23, 1967
On motion of Mr. Hayes, seconded by Mr. Biggs, Council by a vote of 7 ‘yes; and 1 ‘absent’, Mr. Hughes, passed the following ordinance.
AN ORDINANCE PREVENTING THE DESTRUCTION, DEFACING OR REMOVAL OF CITY PROPERTY
WHEREAS, providing for the existence of certain signs, traffic markings and other types of street designations within the limits of the City of Dover is a function of the Mayor and Council of the City of Dover, and the actual property used in connection with the erection of said signs and symbols is property belonging to the City of Dover; and
WHEREAS, the maintenance and existence of said property is for the mutual benefit of the residents of the City of Dover.
NOW, THEREFORE, BY IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET, THAT:
1. From and after the passage of this Ordinance it shall be unlawful for any person, or group of persons to damage, deface, remove, carry away, or otherwise alter any items or personal property belonging to the City of Dover.
2. The provisions of Section “1" shall pertain to any and all traffic signs or symbols, any and all street signs and symbols, and any and all similar types of property belonging to the City of Dover.
3. Any person who, upon conviction of a violation of this Ordinance, shall be fined not less than Twenty-five ($25.00) Dollars, nor more than One Hundred ($100.00) Dollars, and in lieu of the payment of said fine shall be imprisoned for a period not to exceed ten (10) days.
Passed October 23, 1967
CROSSGATES DITCH
Councilman Biggs stated that he had received a letter from some of the residents of the Crossgates area complaining once again about the open ditch in the vicinity of New Burton Road. City Manager Neylan stated that an order has been placed for some concrete pipe, and when this is received, the ditch will be piped and covered over.
Council adjourned at 8:55 P.M.
Jay R. Dougherty
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of October 23, 1967 are hereby approved.
October 24, 1967 Crawford J. Carroll Mayor
ATTACHMENT
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DOVER, DELAWARE, AS APPROVED BY COUNCIL ON NOVEMBER 27, 1961.
WHEREAS, Article X of the Zoning Ordinance of the City of Dover, Delaware sets forth procedures for the submission of applications to the Planning Commission for conditional use and site development plan approvals and Article XI of the said ordinances sets forth procedures for the submission of petitions to the Council for an amendment to the Zoning Map, and
WHEREAS, it has been recommended by the Planning Commission that the submission requirements of Article X and Article XI be amended to clarify the procedure for the submission of such applicants.
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 X, Section 10.1, is amended by adding to the said Section, a new subsection 10.15 as follows:
10.15 Procedure
10.151 Application for a conditional use permit shall be submitted in triplicate to the Building Inspector, on forms approved by the Planning Commission, at least ten days (10) prior to the Planning Commission meeting at which approval of the permit is to be requested.
10.152 Each application for a conditional use permit shall be accompanied by a fee of ten dollars, ($10.00), payable to the City Clerk upon the filing thereof.
10.153 The Planning Commission shall not decide any application for a conditional use permit without first holding a public hearing, notice of which hearing and of the substance of the application shall be given by publication in a newspaper of general circulation in the City of Dover, at least five (5) days prior to the date of such public hearing.
10.154 The Building Inspector shall certify on each application for a conditional use permit whether or not the application meets the requirements of all Zoning Ordinance provisions other than those of this section regarding conditional use permit approval.
10.155 The Building Inspector shall retain one copy and transmit two copies of the certified conditional use permit application to the Planning Commission or its representative at least seven (7) days prior to the date of the meeting at which approval of the permit is to be requested.
10.156 The Planning Commission shall act to approve or disapprove any such request for a conditional use permit within forty-five (45) days after the meeting at which approval is requested. Failure to act within forty-five (45) days shall be deemed approval. Planning Commission disapproval shall include written findings upon any element found contrary to the provisions or intent of this ordinance.
10.157 Amendments to or renewals of conditional use permits shall be acted upon in the same manner as the original request for a conditional use permit.
(2.) That Article X, Section 10.1, is amended by adding to the said section, a new subsection 10.16 as follows:
10.16 Submission Requirements Accompanying Applications for Conditional Use Permits. The applicant shall cause a site map to be prepared by a civil engineer, surveyor, land planner, architect or other competent person. The applicant shall submit six (6) copies of the site map to the Building Inspector who shall retain one copy and transmit five copies to the Planning Commission or its representative at least seven (7) days prior to the meeting at which approval of the permit is to be requested. Elements to be included on the site map are listed below.
10.161 Scale and Dimensions. The map shall be at least 18 by 26 inches but not more than 24 by 36 inches and at a scale of 10, 20, or 40 feet to the inch, except that of the property has a maximum dimension over 900 feet, a scale of 50 feet to the inch may be used.
10.162 Legal Data.
(a) Lot, block, and section number of the property.
(b) Name and address of the owner of record.
(c) Name and address of the equitable owner, if any.
(d) Name and address of person, firm, or organization preparing the map.
(e) Date, North Point, and written and graphic scale.
(f) Sufficient description or information to define precisely the boundaries of the property and that portion of the property for which a conditional use permit is requested. All distances shall be given in feet and tenths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in ten thousand.
(g) The locations, names, and existing widths of adjacent street right-of-ways and curb lines.
(h) The locations and owners of record of all adjoining lands.
(i) Location, width, and purpose of all existing and proposed easements, set backs, reservations, and areas dedicated to public use within or adjoining the property.
(j) A complete outline of existing or proposed deed restrictions or covenants applying to the property and a recital of the deed references of the same are of record.
(k) Existing Zoning.
10.163 Existing Structures.
(a) Location of uses and outlines of structures, drawn to scale, on or within 100 feet of the property.
(b) Paved areas, sidewalks, and vehicular access between the site and public streets.
(c) Other existing development including fences and landscape screening.
10.164 Proposed Use.
(a) A designation of that portion of the existing structures to be devoted to the proposed use and for which a conditional use permit has been requested.
(b) A designation of that portion of the property to be devoted to the proposed use, not requiring structures and for which a conditional use permit has been requested.
10.165 Other information deemed by the Planning Commission necessary to determine conformity with the intent of this ordinance.
(3.) That Article X, Section 10.2, Subsection 10.242, is amended by striking out all of said subsection and inserting in lieu of a new subsection 10.242, to read as follows:
10.242 Application for site development plan approval shall be submitted in triplicate to the Building Inspector, on forms approved by the Planning Commission at least ten (10) days prior to the Planning Commission meeting at which approval is to be requested.
(4.) That Article X, section 10.2, Subsection 10.243, is amended by striking out all of said subsection and inserting in lieu thereof a new subsection 10.243, to read as follows:
10.243 The Building Inspector shall certify on each application for Site Development Plan Approval whether or not the application meets the requirement of all Zoning Ordinance provisions other than those of this section regarding the Site Development Plan Approval.
(5.) That Article X, Section 10.2, Subsection 10.244 is amended by striking out all of said subsection and inserting in lieu thereof a new subsection and inserting in lieu thereof a new subsection 10.244 to read as follows:
10.244 The Building Inspector shall retain one copy and transmit two copies of the certified application for Site Development Plan Approval to the Planning Commission or its representative at least seven (7) days prior to the date of the meeting at which approval of the Site Development Plan is to be requested.
(6.) That Article X, Section 10.2, Subsection 10.25 is amended be striking out all of said subsection and inserting in lieu thereof, a new subsection 10.25 to read as follows:
10.25 Submission Requirements Accompanying Applications for Site Development Plan Approval. The applicant shall cause a site development plan map to be prepared by a civil engineer, surveyor, land planner, architect or other competent person. The applicant shall submit six (6) copies of the site development plan map to the Building Inspector prior to or at the time of filing the formal application for Site Development Plan Approval. The Building Inspector shall retain one copy and transmit five copies to the Planning Commission or its representative at least seven (7) days prior tot he meeting at which approval of the Site Development is to be requested. Site Development Plan elements shall include those listed below which are appropriate to the proposed development or use as indicated by the Planning Commission or its representative in the pre-submission conference required in section 10.241.
(7.) That Article XI, Section 11.1 is amended by adding to the said section, a new subsection 11.18 as follows:
11.18 Submission Requirements Accompanying Petitions for Amendments to the Zoning Map. The petitioner shall cause a site map to be prepared by a civil engineer, surveyor, land planner, architect or other competent person. The Petitioner shall submit three (3) copies of the site map to City Clerk. The elements to be included on the site map listed below.
11.181 Scale and Dimensions. The map shall be at least 18 by 26 inches but not more than 24 by 36 inches and at a scale of 10, 20, or 40 feet to the inch, except that if the property has a maximum dimension over 900 feet, a scale of 50 feet to the inch may be used.
11.182 Legal Data.
(a) Lot, block, and section number of the property.
(b) Name and address of the owner of record.
(c) Name and address of the equitable owner, if any.
(d) Name and address or person, firm, or organization preparing the map.
(e) Date, north point, and written and graphic scale.
(f) Sufficient description or information to define precisely the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in ten thousand.
(g) The locations, names, and existing widths of adjacent street right-of-ways and curb lines.
(h) The locations and owners of record of all adjoining lands.
(i) Location, width, and purpose of all existing and proposed easements, set-backs, reservations, and areas dedicated to public use within or adjoining the property.
(j) A complete outline of existing deed or proposed restrictions or covenants applying to the property and a recital of the deed references if the same are of record.
(k) Existing and proposed Zoning.
(l) Existing and proposed use.
(m)Other existing development on the property including fences and landscape screening.
Passed October 23, 1967