REGULAR MEETING
March 13, 1967
The regular meeting of City Council was held Monday, March 13, 1967 at 7:30 P.M. with Vice-Mayor Hayes presiding, in the absence of Mayor Carroll. Council present were Messrs Biggs, Harris, Hughes, Jackson and Smith. Councilmen Hastings and Holpp were absent.
MINUTES
The minutes of the meeting of February 27, 1967 were approved and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police for February was accepted.
Report of the City Alderman for the month of February was accepted. Fines in the amount of $677.40 were remitted to the City.
Report of the J.P. Court #7 was accepted. A check in the amount of $1404.00 was remitted to the City for the month of February.
Report of the Building Inspector and Fire Marshal was accepted.
Report of Cash Receipts, General Fund, for February was accepted.
Budget Report, General Fund, for month of January was accepted.
Cash Receipts, Electric Revenue Fund, for February was accepted.
Cash Report, Electric Improvement Fund, for February was accepted.
Report of the City Manager was accepted.
WORKABLE PROGRAM
An updated Workable Program has been prepared for the approval of Council in connection with its planning and housing programs. The Federal Government requires such a program prior to approval of being given to the Dover Housing Authority for its expanding program. Tentative approval of Council is needed before its maybe submitted on part to the Federal Government. There are seven parts to the program, including all Codes and Ordinances. This would require the updating of the Building Code and a Housing Inspection of all the houses within the City Limits. This inspection would be over a five (5) year period. Its also provides the appointment by the Mayor, of a Citizens Advisory Committee of members other than those now on the Council. On motion of Mr. Smith, seconded by Mr. Biggs, Council by a vote of 4 ‘yes’, 1 ‘no’, Mr. Harris, and 2 ‘absent’ Messrs Hastings and Holpp, recommended that any action on this be delayed until such time as the Council could further study this request and its affect on the City of Dover.
CITY MANAGER’S CAR
City Manager Neylan requested of Council to purchase an additional vehicle to be used by the City Manager. The present station wagon that is being used by Mr. Neylan would be turned over to the Engineering Department to be used by Mr. Charles Carey, Inspector. On motion of Mr. Smith, seconded by Mr. Jackson Council authorized the City Manager to purchase a new sedan.
TRAILER REPORT
A detailed report in the location of all trailers within the City Limits was presented to Council. They City Manager recommended that Council amend the present Zoning Ordinance to establish a zone for trailer parks only. The remaining trailers, or singe trailers, would be regulated by the present zoning ordinance. An amendment to the zoning ordinance would make trailer parks a conforming use, whereas single trailers are not now. Mr. Neylan stated that the remaining trailer owner would be contacted to find out their intentions so far as removing these trailers within the three year limitation now in effect. On motion of Mr. Harris, seconded by Mr. Jackson, Council deferred action on amending the zoning ordinance until contacts could be made with the present trailer owners as to their intentions of moving, and a report brought back to Council.
PARKS, PLAYGROUNDS & TREES COMMITTEE
Chairman Smith presented a report of the Parks, Playgrounds & Trees Committee meeting held on Monday, March 6, 1967. On motion of Mr. Harris, seconded by Mr. Jackson, Council accepted the report as presented.
ROBERT PIPPIN PROPERTY
Mr. Pippin owns a piece of property located on the south side of Lynnhaven Drive from South Governor Avenue to Puncheon Run. It consists of approximately three quarters of an acre. He has offered this piece of property to the City in lieu of some $4,051 that had been assessed against him for sewer, water, and curbing on his properties. The recommendation of the Parks, Playground and Trees Committee was that the offer be turned down. On motion of Mr. Harris, seconded by Mr. Biggs, Council accepted the recommendation.
SAFETY ADVISORY COMMITTEE
Chairman Smith presented a report of the Safety Advisory Committee meeting held on Monday, March 6, 1967. On motion of Mr. Hughes, seconded by Mr. Biggs, Council accepted the report as presented.
CITY ASSESSOR REPORT
City Assessor James gave a report stating the Tax Assessment Book was ready to be hung, and would be done by the required time of March 15th. Mr. James requested that dates and times for the tax appeals be set so a notice could be places in the front of the tax books. On motion of Mr. Hughes, seconded by Mr. Smith, Council set April 3rd and April 10th as appeal dates. The time set aside is 2:00 P.M. to 4:00 P.M. on each day.
REZONING OF 350 BRADFORD STREET
A public hearing was duly advertised for this date for the purpose of rezoning the property located at 350 North Bradford Street. The request was to rezone this property from its present RG-1 to C-3. Vice-Mayor declared the hearing opened. Mr. Nicholas Rodriquez, Attorney, was present to represent the petitioner. Mr. Rodriquez requested at this time, that a zoning change to C-1 rater that C-3 was being asked for. He said that he was informed that Mr. Buckson, City Solicitor, had stated that a more restricted zoning change could be asked for, even though the public hearing had been set for a C-3 zone. Mr. Buckson , who was present, stated that this was correct and had been done a couple times in the past. Mr. Rodrequez stated the that petitioner, Mr. & Mrs. Newell, has purchased this property, and had signed a conditional sale contract. The C-1 zoning was felt to be more conforming than a C-3 zoning. A petition signed by some 35 residents and home owners in the immediate vicinity of the proposed beauty salon was presented stating that they were in favor of such a change. No one was present to speak against the rezoning. Vice-Mayor Hayes closed the hearing. At this time the recommendation of the Planning Commission that this change be denied to a C-3 zone was presented to the Council. Mr. Roe, Building Inspector, was asked being it was non-conforming in a C-3 zone, would it also be non-conforming in a C-1 zone. He stated that it would also be non-conforming in C-1 due to size of lot and parking problem. It would require at least 2 parking places for the size of the lot. It was then ascertained that the business of the beauty salon would only cover a 6' x 20' area and be a one-operator business. Parking would be available in the rear of the property adjacent to the garage. On motion of Mr. Jackson, seconded by Mr. Harris, Council by vote of 5 ‘yes’ and 2 ‘absent’, Messrs Hastings and Holpp, granted a zoning change to C-1 to the property located at 350 North Bradford Street.
ZONING CHANGE
A request for a rezoning has been received by Council to change the zoning on all properties located in the City of Dover which are bounded on the North by White Oak Road, on the South by North Little Creek Road and on the West by the present C-4 zone, which is East of Route 13, and on the East by Nimitz Road and quested to be rezoned to R-7. A public hearing is required prior to any change in the zoning ordinance and zoning map. On motion of Mr. Harris, seconded by Mr. Jackson, Council adopted the following resolution and referred the request tot eh Planning Commission.
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 lands bounded on the North by White Oak Road, on the South by North Little Creek Road, on the West by the present C-4 zone, which is East of Route 13, and on the East by Nimitz Road and the present RG-2 zone, is presently zoned for R-8 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:
1. That a public hearing be held at City Hall at 8:00 P.M. on April 10, 1967 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-8 to R-7 use the area bounded on the North by White Oak Road, on the South by North Little Creek Road, on the West by the present C-4 zone, which is East of U.S. Route 13, and on the West by Nimitz Road and the present RG-2 zone.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted March 13, 1967
WAR COMMISSION
A letter was received notifying the City of a public hearing that is to take place on March 22, 1967, in connection with the proposal to construct a pipeline to carry petroleum products to Delmar, Delaware from the Wilmington Marine Terminal along U.S. Route 13. This would be constructed in the Highway Department Right-of-Way. On motion of Mr. Hughes, seconded by Mr. Jackson, Council requested that the City Manager attend the public hearing to ascertain the City’s involvement in this proposal and state the City’s position on the matter.
J.G. SMITH FARMS, INC.
A letter was received from J. G. Smith Farms, Inc. requesting that a certain tract of land presently owned by them be rezoned from C-4 to RG-2. This 4 acre tract of land is located approximately 2000' north of White Oak Road and east of a proposed extension of north Halsey Road. A public hearing is required prior to any change in the zoning ordinance or zoning map. On motion of Mr. Jackson, seconded by Mr. Smith, Council adopted the following resolution and referred the request to the Planning Commission.
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 lands located approximately 200' North of White Oak Road and east of a proposed extension of North Halsey Road, covering approximately 4 acres is presently zoned for C-4 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:
1. That a public hearing be held at City Hall at 8:00 P.M. on April 24, 1967 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from C-4 to RG-2 use the property located approximately 200' North of White Oak Road and East of a proposed extension of North Halsey Road, which covers approximately 4 acres.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted March 13, 1967.
SEVENTH-DAY ADVENTIST CHURCH
A letter was received from the Seventh-Day Adventist Church requesting approval of a proposed erection of a tent on the church’s property at the corner of Wyoming Avenue and New Burton Road. The tent to be used for revival services. Thess services would be held in the evenings from 7:30 P.M. to 9:00 P.M. for the period of April 3rd through May 3rd. The tent is of conventional type canvas and measures 40' x 80'. Rev. Chamberlain, of the Seventh-Day Adventist Church was present and stated that they would meet all of the City’s Building Code and Fire Regulations. They would also provided some off-street parking. On motion of Mr. Hughes, seconded by Mr. Biggs, Council approved this request, provided all regulations are met, and final approval of the Police Department.
BRYSON-MCDANIEL
A letter was received from Mr. John Bryson and Mr. William McDaniel stating that they had recently purchased a tract of land on Highview Avenue of approximately 24 acres, which is bordered on the north by Puncheon Run, the present City Limits. It is their intention to develop this land into building sites for homes in excess of $25,000. Each lot would be approximately one acre. Since this land is contiguous to the southern boundary of the City, it is their wish that the City consider the possibility of annexing this tract into the cooperate limits of the City of Dover. On motion of Mr. Hughes, seconded by Mr. Harris, Council acknowledged receipt of this request and referred it to the Planning Commission, and all Departments and Committees involved for their recommendations prior to any formal action by Council.
CODIFICATION OF ORDINANCES
Mr. Buckson, City Solicitor, stated that the need for the codification of the ordinances of the City of Dover is necessary. He had contacted the National Institute of Municipal Law Officers who do this type of work, to get a price on having NIMLO codify these ordinances for the City. They have given him a price of $10,000 for the project. Mr. Buckson then requested the Councilmen study the correspondence that he had distributed among them, and he would discuss this project with them at a later date.
ONE WAY STREETS
Mr. Hughes discussed that idea of making One Way Streets going North and South in Dover, in particular State Street going North, and Governors Avenue going South. Mr. Hughes said that he was not entirely in favor of this idea originally, but after having discussed this at some length with Chief Turner and others, he felt that the need for one way streets was necessary due to the increased flow of traffic in the City of Dover. He expressed a desire to have this idea thought out very thoroughly before any action would be taken by Council. On motion of Mr. Hughes, seconded by Mr. Jackson, Council referred the recommendation to the Safety Advisory Committee for their study and a recommendation to be brought back to the Council.
Council adjourned at 9:45 P.M.
Jay R. Dougherty
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of March 13, 1967 are hereby approved.
March 14, 1967 Crawford J. Carroll Mayor