REGULAR MEETING

The regular meeting of City Council was held on Monday, December 9, 1968 at 7:30 P.M. with Vice-Mayor Hayes presiding. Councilmen present were Messrs Biggs, Harris, Hastings, Holpp, Hughes, Jackson and Walls. Mayor Carroll was attending a National League of Cities Convention.

MINUTES

The minutes of the regular meeting of Council held on November 25, 1968 were accepted and bore the written approval of Mayor Carroll.

REPORTS

The Chief of Police report for the month of November was accepted.

The Building Inspector & Fire Marshal report for the month of November was accepted.

The Alderman report for the month of November was accepted. Fines in the amount of $242.40 were remitted to the City of Dover.

The J. P. Court #7 report for the month of November was accepted. A check in the amount of $2,441.50 was remitted to the City of Dover.

Cash Receipts, General Fund, for the month of November was accepted.

Budget Report, General Fund, for the month of October was accepted.

Cash Receipts, Electric Improvement Fund, for the month of November was accepted.

Cash Receipts, Electric Revenue Fund, for the month of November was accepted.

City Manager Report for the month of November was accepted.

SAFETY ADVISORY COMMITTEE

A written report of the Safety Advisory Committee meeting held on Monday, December 2, 1968 was presented by Chairman Hastings. On motion of Mr. Harris, Council accepted the report as presented.

WHITE OAK PARKING

A request has been received by Council to remove the No Parking signs on the south side of Harrison Drive in the White Oak Development, that were placed there recently as a result of an Ordinance passed by City Council. The petition was signed by the residents living on the south side of Harrison Drive. The City has made a uniform practice of prohibiting parking on one side of all 28' wide streets in the City, of which Harrison Drive is one. The Safety Advisory Committee recently confirmed the recommendation of the Committee and denied the request to remove the No Parking signs of the south side of Harrison Drive.

U.S. ROUTE 113 SPEED LIMIT

A request has been presented to Council concerning the speed limit on U.S. Route 113 from the Air Base to the South Little Creek Road. This portion of U.S. Route 113 is controlled by the State Highway Department. The Committee recommends that the State Highway Department be asked to make a uniform speed limit in this area, preferably 45 MPH, as now there are three different speed limits governing this short stretch of highway. On motion of Mr. Walls, seconded by Mr. Harris, Council directed that a letter be sent to the Highway Department asking that they set a uniform speed limit of 45 MPH between the Air Base and South Little Creek Road.

PARKS, PLAYGROUNDS & TREES COMMITTEE

A written report of the Parks, Playgrounds & Trees Committee was presented to Council by Chairman Hastings of their meeting held on Monday, December 2, 1968. On motion of Mr. Holpp, seconded by Mr. Walls, Council accepted the report as presented.

COMMUNITY ACTION AGENCY, INC.

A request had been received from the Community Action Agency asking the City to donate a portion of the land on which the Little League Baseball Park is located on Court Street. This land would be used to build a Day Care Center for pre-school children. The Committee recommends that this request be denied, as all of that land is now being use for the Little League programs. On motion of Mr. Harris, seconded by Mr. Holpp, Council by unanimous vote denied the request of the Community Action Agency and asked that they be so notified.

REFACING SILVER LAKE DAM

City Manager Neylan reported that prices are being obtained on the cost of applying a coating of epoxy cement to the face of the dame to prevent further damage where deterioration is taking place. The City would like to complete his work while the water level is down. On motion of Mr. Hastings, seconded by Mr. Holpp, Council authorized the City Manager to award the contract, upon the receipt of the bids, and proceed with the refacing of the dam on Silver Lake.

MCNINCH VARIANCE

A request has been received by Council to grant a variance on the property located at 800 South Bradford Street. A public hearing was duly advertised for this time and date. Vice-Mayor Hayes opened the hearing. Dr. Eugene McNinch, owner of the property located at 800 South Bradford Street, was present and stated that the granting of the variance was agreeable to him, as it would grant him the desired use of the property. No one else was present to speak for or against the variance. City Solicitor Rodriguez explained the purpose of the hearing and the granting of this type of variance. Vice-Mayor Hayes declared the hearing closed. On motion of Mr. Jackson, seconded by Mr. Walls, Council by unanimous vote adopted the following ordinance.

AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DOVER BY GRANTING A VARIANCE TO THE PROPERTY LOCATED AT 800 SOUTH BRADFORD STREET, PRESENTLY ZONED FOR RG-1.

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 grant a variance on the land described below.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That from and after the passage and approval of this ordinance, the Zoning Ordinance of the City of Dover shall be amended by granting a variance on the property located at 800 South Bradford Street, which would permit a professional office of physicians to be operated on the premises, said occupation not to be incidental to the residential use of the premises nor carried on by a resident and permitting more than one non-resident assistant, said office being permitted to occupy 100% of the building, said use to be permitted only so long as the building is owned by its present owner and not rented.

Adopted December 9, 1968

UTILITY COMMITTEE

A written report was presented by Chairman Holpp on the Utility Committee meeting held on Monday, December 2, 1968. On motion of Mr. Walls, Council accepted the report as presented.

BUILDING INSPECTOR & FIRE MARSHAL

On motion of Mr. Harris, seconded by Mr. Walls, Council by unanimous vote appointed Jack T. Roe as Building Inspector and Fire Marshal for the year 1969.

TAX ASSESSOR

On motion of Mr. Biggs, seconded by Mr. Harris, Council by unanimous vote appointed William T. James as Tax Assessor for the year 1969.

FIRE CHIEFS

On motion of Mr. Harris, seconded by Mr. Hastings, Council by unanimous vote elected the following fire chiefs for the year of 1969.

            Chief                                       William T. James

            Deputy Chief                          Wilson R. Comegys, Jr.

            First Assistant Chief               William H. Rhodes

            Second Assistant Chief           C. Donald Hodge

            Third Assistant Chief             James W. Hurley, Jr. 

HANBY BUILDING

A request has been received from Mr. Paul Hanby asking permission to move a quonset-type building on the property located at 1117-1119 South DuPont Highway. A public hearing was duly advertised for this time and place. Vice-Mayor Hayes declared the hearing opened. Mr. Paul Hanby was present and explained the desired use of this building, pending permission to move same. No on else was present to speak for or against this request. Vice-Mayor Hayes declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Holpp, Council by a vote of 6 ‘yes’ and 1 ‘absent from voting’, Mr. Hughes, granted the request of Mr. Paul Hanby to move the quonset-type building onto his property located at 1117-1119 South DuPont Highway.

LEB, CORP. REZONING

A request has been received from LEB, Corp. to rezone from RG-1 to RG-2 the property located at 766 South State Street. A public hearing is required prior to amending the Zoning Map and Zoning Ordinance. On motion of Mr. Walls, seconded by Mr. Harris, Council adopted the following resolution and referred the request to the Planning Commission.

A RESOLUTION SETTING FORTH 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 property located at 766 South State Street is presently zoned for RG-1 use, and

WHEREAS, it is necessary to hold a public hearing prior to amending the zoning ordinance and the 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 8:00P.M. on January 13, 1969 on a proposed amendment to the zoning ordinance of the City of Dover which would rezone from RG-1 to RG-2 that property located at 766 South State Street, owned by LEB, Corp., and containing approximately 12,000 square feet.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

Adopted December 9, 1968

WIDDER REZONING

A request has been received from Dr. Bertram Widder to rezone a parcel of land he owns on the southeast corner of Waples and South Governors Avenues. A public hearing is required prior to amending the Zoning Map and Zoning Ordinance. On motion of Mr. Hastings, seconded by Mr. Jackson, Council adopted the following resolution and referred the request to the Planning Commission.

A RESOLUTION SETTING FORTH 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 property located at the southeast corner of Waples and South Governors Avenues is presently zoned for RG0 use, and

WHEREAS, it is necessary to hold a public hearing prior to amending the zoning ordinance and the 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 8:15P.M. on January 13, 1969 on a proposed amendment to the zoning ordinance of the City of Dover which would rezone from RG0 to RG-2 that property located on the southeast corner of Waples and South Governors Avenues, owned by Dr. Bertram Widder and containing approximately 31,200 square feet.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

Adopted December 9, 1968

HORSEY REQUEST - G. F. TREATMENT FACILITIES

A letter was received from Mr. Henry R. Horsey on behalf of the owners of Eden Hill Farm and adjacent land owners concerning the proposed construction of a sewage treatment facility at the General Foods plant. They raise the question whether this will eliminate the odor problem at the present Sewage Treatment facility the City owns on Water Street or whether this will only transfer the problem to the General Foods plant which will border on their land. City Manager Neylan stated that there is no definite assurance that the odor will be eliminated, but the Engineering firm making the studies for the City, feel that this is a step in the right direction.

MROZ REQUEST

A letter was received from Dr. Winfried L. Mroz on behalf of the residents of Mifflin Road, complaining that the hunters during the hunting season are discharging fire arms in the wooded area adjacent to the yards of the homes on Mifflin Road, these woods being in the City limits. Chief Spence stated that several arrests have been made in this area. Mr. Mroz requested that the City publish a proclamation in the Delaware State News emphasizing the ordinance prohibiting the discharge of fire arms within the City limits and the penalty for same. On motion of Mr. Harris, seconded by Mr. Holpp, Council directed that an ad be placed in the Delaware State News emphasizing the discharge of firearms in the City limits.

PYOTT REZONING

A request has been received from George Pyott to rezone a tract of land he owns on the east side of U.S. Route 13. A public hearing was duly advertised for this time and place. Vice-Mayor Hayes declared the hearing opened. Mr. Richard Barros, attorney for the proposed buyer, was present and spoke about the proposed construction of apartments and motel on the land, pending rezoning. Mr. James Smith, a resident of Huntley, which is separated from the proposed rezoning area by Puncheon Run, stated that he would hope that be rezoning this area the character of the neighborhood would not be changed. Mr. Maurice Hartnett, attorney for Mr. J. Gordon Smith, also a land owner in the immediate area of the rezoning, stated that if a buffer zone could be created between Puncheon Run and the proposed C-4 zone, that his client would withdraw any objections to the rezoning. No one else was present to speak for or against the rezoning. Mr. Richard Barros and his client then agreed to the creation of such a buffer zone, as proposed by Mr. Hartnett. Vice-Mayor Hayes then declared the hearing closed. On motion of Mr. Harris, seconded by Mr. Holpp, Council by a vote of 6 ‘yes’ and 1 ‘absent from voting’, Mr. Hughes, 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 LAND LOCATED ON THE EAST SIDE OF U.S. ROUTE 13 ADJACENT TO THE SAINT JONES RIVER AND PUNCHEON RUN, FROM C-4 AND R-20 TO RG-2 AND C-4, 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 C-4 to R-20 to RG-2 and C-4 on the land described below.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:

1. That from and after the passage and approval of this ordinance, the Zoning Map and Zoning Ordinance of the City of Dover shall be amended by changing the zoning designation from C-4 and R-20 to RG-2 on the property located east of U.S. Route 13 bounded on the east by the St. Jones River, on the south by Puncheon Run, on the north of lands of Outten Brothers and now or late of Mr. A. Carroll, and on the west by land of George Pyott presently zoned C-4 and U.S. Route 13; and amended by changing the zoning designation from R-20 to C-4 on the property located east of U.S. Route 13 bounded on the east by other lands of George Pyott zoned for RG-2, on the north by land of George Pyott presently zoned for C-4, on the west by the present C-4 zone which border on the east side of U.S. Route 13 and on the south by lands of George Pyott presently zoned for R-20, which would create a buffer zone extending 100' north from the northern side of Puncheon Run, except for a 60' strip of RG-2 which bisects the C-4 zone. This tract of land contains approximately 51 acres. A detailed description of the rezoned tract of land is attached to be a permanent part of this record.

Adopted December 9, 1968

Council adjourned at 9:35 P.M.

Jay R. Dougherty

City Clerk

All orders, ordinances and resolutions adopted by City Council at its meeting of December 9, 1968 are hereby approved.

                                                                                                                                                            

December 10, 1968                                                                             Crawford J. Carroll Mayor

ATTACHMENT

ALL that certain piece parcel or tract of land with no improvements thereon erected situated in the City of Dover, Kent County, State of Delaware, lying southeast of U.S. Route #13, dual highway, between South State Street and Roosevelt Ave., being bounded on the northwest by said U.S. Route #13, on the north by lands now or late of Mrs. A. E. Carroll, on the east by other lands of the Grantors herein, on the south by lands now or late of the Harrington Case Estate and by Puncheon Run Branch which separates this parcel from Huntly Development, and on the west by other lands of Outten Bros.,

BEGINNING at the southeast corner for lands of William Lloyd, said point of Beginning being South 29 deg. 48 min. East of and 180 ft. from a corner for lands of Lloyd and for other lands of George Pyott in the southeast right of way line of U.S. Rt. #13; thence running from said point of beginning with other lands of George Pyott on the three following courses, (1) in a southerly direction with a 364.28 ft. radius curve to the left an arc distance of 307.30 ft.; thence (2) South 78 deg. 8 min. East 189.13 ft.; thence; (3) South 11 deg. 52 min. West 296.24 ft. where the point of the buffer shall begin, and said zone shall continue along said line in a southerly direction for 100 ft. to a corner for this parcel and for other lands of George Pyott in the center of Puncheon Run Branch and with Huntly Development and in part with lands of J. Gordon Smith on the four following courses, (1) South 80 deg. 11 min. West 86.4 ft. thence (2) North 70 deg. 34 min. West 286 ft. more or less; thence (3) North 35 deg. 29 min. West 74.7 ft.; thence (4) North 64 deg. 56 min. West 148.2 ft. to a point in Puncheon Branch at a corner for this parcel and for other land of George Pyott; thence running with other lands of George Pyott North 10 deg. 44 min. East, 131.9 ft. to a point; thence running in a course parallel to the southern boundary of this parcel with a constant width between the two lines of 100 feet back to the point where the buffer zone begins.

Please send me a copy of the resolution. Trusting this is the information you desire, I am

                                                                                                            Very truly yours,

                                                                                                            BROWN & BROWN

                                                                                                                                                         

                                                                                                            A. RICHARD BARROS

ARB:lbd

Maurice A. Hartnett, III

324 South State Street

Dover, Delaware

Mr. Abe Eisner

Philadelphia, Pa.

Morton S Gorelick, Esq.

Philadelphia, Pa.