REGULAR MEETING
August 24, 1970
The regular meeting of City Council was held on Monday, August 24, 1970 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Coyle, Hayes, Holmes, Holpp, Legates and Walls. Councilman Hastings was absent.
The invocation was said by the Rev. John Roock of the St. Johns Lutheran Church.
MINUTES
The minutes of the regular meeting of City Council held on August 10, 1970 were accepted and bore the written approval of Mayor Carroll.
UTILITY COMMITTEE
A written report of the Utility Committee was presented by Chairman Holpp of their meeting of August 17, 1970. On motion of Mr. Walls, seconded by Mr. Legates, Council accepted the report as presented.
CARLISLE LANDS, INC.
The request for rezoning of the Carlisle Lands, Inc., for which a public hearing was duly advertised and held on August 10, 1970, was referred at that time to the Utility Committee for their study. The main problem in this request if the land were rezoned, would be serving this area with City utilities. The Utility Committee has stated that it would be approximately 2 to 5 years before City utilities would reach this area. The Committee recommends that whether the area be rezoned or not, the applicant could in the mean time, request permission of the State Board of Health and the Water and Air Resources to install temporary facilities, at their own expense, until such time as City facilities are available in the area. On motion of Mr. Coyle, seconded by Mr. Holmes, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Hastings, adopted the following ordinance and request that the applicant be notified of the recommendation of the Utility Committee regarding the availability of City facilities to this area.
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 SOUTH SIDE OF ROAD 100, DENNY’S ROAD, OWNED BY CARLISLE LANDS, INC. FROM R-20 USE 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 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 RG-2 on that land located on the South side of Road 100, Denny’s Road, owned by the Carlisle Lands, Inc. and containing approximately 25.20 acres.
ADOPTED AUGUST 24, 1970
LEGISLATIVE & FINANCE, WAGES & HOURS COMMITTEE
A written report of the Legislative & Finance, Wages & Hours Committee was presented by Chairman Hayes of their meeting of August 19, 1970. On motion of Mr. Holpp, seconded by Mr. Walls, Council accepted the report as presented.
OVER 65 TAX EXEMPTION
A request was received of the Legislative & Finance Committee to consider the recently passed House Bill No. 690 that provides for Tax Exemption from Municipal Taxation on Real property for persons over 65 years of age with an income of $3000 or less annually. This would exempt them from the first $5000 of assessed valuation on real property only. This exemption would not apply to capitation tax. On motion of Mr. Biggs, seconded by Mr. Walls, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Hastings, adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
WHEREAS, the General Assembly recently passed House Bill #690 which adds a new section to the Delaware Code, being 22 Del. C. #1001, et seq.; and
WHEREAS, this new legislation provides that municipalities may exempt owners of real estate who are 65 years of age or over from paying real property real property taxes; and
WHEREAS, it is deemed in the best interest of the residents of the City to adopt this legislation for the City.
NOW, THEREFORE, BE IT ORDAINED:
1. That the provisions of 22 Del. C. #1001, et seq. are hereby adopted so that every person, a resident of the City of Dover and the owner of real property located in the City of Dover, who is 65 years of age or over shall be entitled to an exemption from taxation on such real property to the extent of the first $5,000 of assessed valuation thereof subject to the terms and provisions of Chapter 10, Title 22, Delaware Code, 1953, as amended.
2. Application for such exemption must be made by the property owners on forms to be furnished by the City Assessor and shall furnish the information and be executed in the manner required on such forms and shall be filed in the Office of the City Assessor no later than February 1st of the year sought for the tax exemption.
ADOPTED AUGUST 24, 1970
DOVER HOUSING AUTHORITY APPOINTMENT
On motion of Mr. Walls, seconded by Mr. Legates, Council confirmed the request of Mayor Carroll in the appointment of Mr. William A. Hayes to the Dover Housing Authority, his term to expire on August 15, 1976
PARKING AUTHORITY APPOINTMENTS
On motion of Mr. Walls, seconded by Mr. Holpp, Council confirmed the appointment by Mayor Carroll of Mr. William Manter to another five-year term on the Dover Parking Authority. This term will expire on June 30, 1975.
On motion of Mr. Legates, seconded by Mr. Walls, Council confirmed the appointment of Mr. Joseph Coyle to fill the unexpired term of Mr. Martin Berglund on the Dover Parking Authority. This term will expire on June 30, 1972.
ELECTRIC REVENUE BOND RESOLUTION
A resolution authorizing the issuance of $12,070,000 Electric Revenue Bonds has been prepared and presented to Council for their consideration at this time. A question has been presented concerning Sections 15 and 16 of this resolution. The Construction Engineers have questioned these sections and asked that a clarification on both be made prior to adoption by Council. Section 15 deals with filing of reports on a monthly basis to all bond holders. The Engineer has suggested this be done on a semi-annual basis. Section 16 pertains to the filing of a certificate by the City Manager and the Construction Engineer stating that all payments have been made regarding this issue and that all encumbrances and liens have been satisfied. Being this is a three stage finance project, this would be impractical. A change has been requested that would limit the filing of this certificate until such time as the project is 100% complete. The Bonding Attorney has been contacted and will make the necessary changes, which will be presented to Council, prior to the adoption of this resolution. Being time is very important in this matter, as soon as this information is received from the Bonding Attorney, Council will be so notified and a Special Council Meeting will be called for the purpose of consideration and adoption of the aforementioned resolution.
LAND SUBDIVISION CHANGES
A request has been received to amend the Land Subdivision Regulations. 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. The Planning Commission has recommended these changes to Council. Mayor Carroll declared the hearing closed. On motion of Mr. Coyle, seconded by Mr. Holmes, Council be a vote of 6 ‘yes’, 1 ‘no’, Mr. Hayes, and 1 ‘absent’, Mr. Hastings, adopted the following ordinance amending the Land Subdivision Regulations.
AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS OF THE CITY OF DOVER, APPROVED BY THE COUNCIL OF THE CITY OF DOVER ON NOVEMBER 27, 1961, AS AMENDED.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That the Article VII, Special Provisions, Section A, Variance and Waiver be amended by designating the present paragraph as Subsection 1. and by adopting a new subsection to be designated Subsection 2. to read as follows:
2. Upon the findings of the Commission that, due to special natural features or physical amenities peculiar to a proposed subdivision having the qualities of a single family suburban residential subdivision with a density of less than two dwelling units per gross acre, certain requirements of these regulations are inappropriate, or that strict compliance with these regulations would have a detrimental effect on the desired preservation of the natural features or amenities, or that the overall design of the subdivision would be enhanced by taking advantage of the natural features or amenities which would not be possible if these regulations were strictly complied with, the Commission may vary or waive the requirements of Article VI of these regulations with respect to streets sidewalks, curbs and gutters; provided that such variance or waiver shall not be detrimental to the public health, safety or general welfare, or have the effect of nullifying the intent and purpose of the Official Map, the Zoning Ordinance, the Development Plan or these regulations. In varying or waiving certain requirements, the Commission may specify such conditions as will, in its judgement, secure substantially the objectives of the requirements so varied or waived.
ADOPTED AUGUST 24, 1970
BUCKSON REZONING
A request had been received from Mr. David P. Buckson and Mr. Edward H. Richardson to rezone a piece of land they own adjacent to the southside of Fox Hall Road from R-20 to MHP. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. At this point, Mr. Nicholas Rodriguez, City Solicitor, laid down the ground rules for the hearing, stating who could be heard and the fact that if a petition were presented to Council containing the signatures of 20% of the land owners adjacent to the property rezoned, these owners being within a certain area and distance from the property to be rezoned, it would require a 3/4 vote of the entire Council to pass such a rezoning. He further stated that this could not be determined this evening, as it would take time for the City Assessor to check such a petition, so if rezoning of this area were to take place, the final vote might be delayed until a later date. Mr. David P. Buckson then addressed Council on behalf of the owners in their request for rezoning. Mr. Buckson stated that he felt this area was right for such a zoning and that it would not devaluate the area. Mr. Buckson made reference to tax revenues that might be received by the City, in addition to revenues from utilities, which would be installed at the cost to the developer. All on-sight costs would be the responsibility of the developer of this area, as is the case in all developments within the City. Mr. Buckson then made reference to a traffic which time they stated that development of this land for multi-housing would not create a traffic problem. Mr. Larry Lawson, representing Anderson & Stokes Builders, the proposed developer of this land, addressed Council and outlined the types mobile homes that will constructed in this area. The area will be under the controll of the developer by means of a ground lease to each mobile home owner. These mobile homes meet the requirements of all of the City of Dover Codes. At this time, a letter from Mr. E. P. Langenhan, a resident of Fox Hall Drive, and a resolution adopted by the Kent Swim Club, which is adjacent to the area requested for rezoning, were read into the record, both of which opposed the rezoning. Dr. Nisson Finkelstein, a resident of Fox Hall Drive, presented to Council a petition signed by sone 455 persons, all objecting to the rezoning, feeling that it would be a definite liability to the City of Dover instead of an asset. They stated that they felt that an approval of this request would not be in the beset interest of the Dover community. At this time, approximately 30 persons then addressed Council, most of which have signed the above mentioned petition. All of these people expressed their objection to the rezoning. Mr. James Hardcastle, representing the Capital School District, addressed Council and stated that they were neither for or against the rezoning, but that they were concerned that no one had contacted them prior to this in view of the fact that a mobile home park of this size would create a large increase in the Elementary School enrollments. Mr. Hardcastle was then asked by Mayor Carroll why they had no objections to the two prior rezonings for MHP that would also create such a problem. Councilman Hayes then asked if there was anyone present at this time. The Planning Commission by a vote of 3 ‘yes’ and 2 ‘no’, recommended approval of this request as submitted. Mayor Carroll then declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Holpp, Council by a vote of 7 ‘yes’ and 1 ‘absent’, denied the request of Mr. David P. Buckson and Mr. Edward H. Richardson for rezoning of 83 acres of land located on the south side of Fox Hall Road from R-20 to MHP.
KENT COUNTY CIVIL DEFENSE
A letter was received from the Kent County Civil Defense Department inviting the Mayor and Council to attend a meeting on September 1, 1970, in conjunction with the regularly scheduled Kent County Levy Court meeting, concerning the introduction of a Federally subsidized Flood Insurance program for residents of Kent County. This program will be explained by Col. James McCloskey, Acting State Civil Defense Director.
LOUMAR REQUEST - SIGN
A request was received from Loumar, Inc. asking permission to install a sign on their property located on U.S. Route 13 at the northern limits of the City of Dover. This sign would be a “Welcome to Dover” sign and would be installed at the expense of Loumar, Inc. On motion of Mr. Holpp, seconded by Mr. Hayes, Council granted permission to Loumar, Inc. to install such a sign providing it meets on the Code requirements of the City of Dover.
W. REILY BROWN ELEMENTARY SCHOOL
A letter was received from the Caesar Rodney School District calling Council’s attention to a problem at the W. Reily Brown Elementary School and offering a solution to solve it. The problem is that the major portion of Webb’s Lane is not in the City of Dover and the Dover Police Force does not have jurisdiction of traffic on this street and are unable to provide a crossing guard, except directly in front of the school. Another guard is needed further east at the intersection of Post Boulevard and Webbs Lane. They have suggested that Council annex all of Webbs Lane into the City of Dover, which would give the Dover Police Department jurisdiction in this area. Council at this time discussed the possibility of such an annexation, a resolution on which follows.
WEBBS LANE ANNEXATION
On motion of Mr. Legates, seconded by Mr. Holpp, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Hastings, adopted the following resolution. In doing so, Council wishes to make it clear that the main objective in this referendum is to provide protection for the school children walking to and from the W. Reily Brown Elementary School. If Webbs Lane were to be incorporated within the City Limits, this would allow the City of Dover Police Department to control and supervise traffic on the street, which is expected to create a problem upon the open of the school.
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN SAID AREA.
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 voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area south of the present City Limits and hereinafter more particularly described within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area situated in East Dover Hundred, Kent County and State of Delaware and more particularly bounded and described herein be annexed to the City of Dover:
ALL those certain pieces, parcels or lots of land lying and being adjacent to the City of Dover, East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows, to wit:
BEGINNING in the center of Puncheon Run and in the westerly right of way line of Governors Avenue and in a southerly direction to the southerly right of way line of Webbs Lane, thence with the said southerly right of way line of Webbs Lane and in a westerly direction to the easterly right of way line of New Burton Road thence with the said easterly right of way line of New Burton Road and in a northerly direction to the northerly right of way line of Webbs Lane thence with the said northerly right of way line of Webbs Lane and in a easterly direction to the westerly property line of Rodney Village Apartments, thence with the said westerly property line of Rodney Village Apartments and in a northerly direction to the Mayfair Development, thence with the said southerly property line of the Mayfair Development and in a southeasterly direction to the westerly right if way line of Governors Avenue thence with the said westerly right of way line of Governors Avenue and in a northerly direction to the easterly property line of the Mayfair Development, thence with the said easterly property line of the Mayfair Development and in a northwesterly direction to the center of Puncheon Run, thence with the said center of Puncheon Run and in an easterly direction home to the place of beginning be the contents what they may.
2. That an election be held on the 26th day of September A.D., 1970 commencing at the hour of 1:00 P.M. at City Hall, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the date of said election.
ADOPTED AUGUST 24, 1970
PUBLIC ADDRESS SYSTEM - COUNCIL CHAMBERS
Mr. Hayes asked that prices be obtained for the installation of public address system in the Council Chambers. Prices will be obtained and brought back to Council at its next meeting.
COUNCIL ADJOURNED AT 10:15 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of August 24, 1970 are hereby approved.
In all future business of the City Council where a roll call vote is necessary, each motion will so indicate that the roll call was taken and the result of same. This is to certify that in all previous requirements for a roll call vote, the roll call was held as required.
AUGUST 26, 1970 Crawford J. Carroll Mayor