REGULAR MEETING
April 12, 1965
The Regular Meeting of City Council was held Monday, April 12, 1965 with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Harris, Hayes, Holpp, Hughes, Massey, Smith and Walls.
The invocation was said by the Rev. Leroy Hamilton.
MINUTES
Minutes of the meeting of March 22, 1965 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police was accepted.
Report of Alderman Cavanaugh was accepted. Checks in the amounts of $482.50, $475.00, and $269.00 were remitted to the City. Report of Magistrate Knotts was accepted. A check in the amount of $1266.60 was remitted to the City.
Report of the Fire Marshal and Building Inspector was accepted.
Report of the Board of Health was accepted.
Report of Cash Receipts General Fund was accepted.
Budget Report, General Fund, was accepted.
Cash Report, Electric Revenue Fund, was accepted.
Cash Report, Electric Improvement Fund, was accepted.
Report of the City Manager was accepted.
CAR BIDS
Fire Marshal Roe reported he had received bids on the purchase of two compact cars for use of inspectors operating from his office. Low bidder was C.F. Schwartz, $3.149.98. On motion of Mr. Hayes, seconded by Mr. Walls, Council authorized purchase of the two cars from the low bidder C.F. Schwartz.
HISTORY
A copy of the History of the Robbins Hose Company was presented to the Mayor and each member of Council.
PLUMBING CODE COMMITTEE
The ordinance establishing a plumbing code for the City provides for an appeals committee consisting of the City Manager and two others. On motion of Mr. Hayes, seconded by Mr. Smith, the Superintendent of Public Works and the Executive Officer of the Board of Health were appointed as members of the committee of appeals.
TAX ASSESSMENT APPEALS
The committee of Council appointed to hear appeals to the tax assessment made the following report and recommendations to Council:
That the assessment of George Pyott remain at $6700. On motion of Mr. Holpp, seconded by Mr. Walls, the recommendation was approved.
That the assessment on all service station buildings located on route #13 between White Oak Road and Water Street be reduced 17%. On motion of Mr. Walls, seconded by Mr. Massey, the recommendation was approved. Mr. Harris voted ‘No’.
That the assessment of properties not having City sewer or water available be 5/6 of the assessment of like properties having City sewer and water available, and that the assessment of properties having neither sewer nor water available be 2/3 of the assessment of like properties having City sewer and water available. On motion of Mr. Holpp, seconded by Mr. Walls, the recommendation was approved.
That the assessment of a property of Kent County Motor Company fronting on U.S. Route #13 be increased from $19,300 to $38,600 to be equivalent to like properties. On motion of Mr. Holpp, seconded by Mr. Harris, the recommendation was approved.
No other appeals were made to City Council.
ZONING HEARING
A public hearing was duly advertised for this date on a proposed amendment to the Zoning Ordinance providing for a new Zoning Classification known as ‘Limited Central Commercial Zone, (C-2A). Mayor Carroll declared the hearing opened. No one appeared to speak for or against the proposed amendment. Councilman Harris asked whether the proposed amendment could be further amended to limit the proposed permitted use of multiple dwellings to new construction, prohibiting the conversion of existing buildings to such use. City Solicitor Buckson advised that the amendment could be made as it was a more restricting provision than that advertised. A less restrictive provision could not be made without further advertising and public hearing. No one else desiring to speak, Mayor Carroll declared the hearing closed.
On motion of Mr. Harris, seconded by Mr. Hayes, Council by unanimous vote adopted the following amendment to the proposed ordinance providing for a Limited Central Commercial Zone (C-2A).
After the period in subsection 3.11.1.4 add the following: “This use is limited to new buildings. Conversion of existing buildings is prohibited.”
On motion of Mr. Harris, seconded by Mr. Walls, Council by unanimous vote adopted the following amendment to the Zoning Ordinance of the City of Dover, as amended:
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DOVER BY PROVIDING FOR A NEW ZONE KNOWN AS LIMITED CENTRAL COMMERCIAL ZONE AND ESTABLISHING BULK REGULATIONS THEREFORE.
1. From and after the passage and approval of this ordinance, the Zoning Ordinance of The City of Dover is hereby amended to provide for a new zoning classification by adding ‘Section 3.11, Limited Central Commercial Zone (C-2A)’, and the Bulk Regulations therefor, as follows:
Section 3.11 LIMITED CENTRAL COMMERCIAL ZONE (C-2A)
3.11.1 Uses Permitted. In a Limited Central Commercial Zone (C-2A), no building or premises shall be used, and no building or part or a building shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any purposes, except the following:
3.11.1.1 All uses permitted in the Neighborhood Commercial C-1A Zone.
3.11.1.2 Business, professional, or governmental offices.
3.11.1.3 Banks, theatres, and restaurants.
3.11.1.4 Dwelling for two or more families, provided that the entire lot occupied by a multiple dwelling shall be maintained in single ownership throughout the life of the building. This use is limited to new buildings. Conversion of existing buildings is prohibited.
3.11.1.5 Hotels, Clubs, and places of worship.
3.11.1.6 Signs accessory to an establishment located on the same lot, provided such signs shall be limited as set forth in Sections 3.414 and 5.4.
3.11.2 All permitted uses and all storage accessory thereto; other than off-street parking shall be carried on in buildings fully enclosed on all sides.
3.11.3 Performance Standards. All uses are subject to Performance Standards as set forth in Section 5.51.
3.11.4 Site Development Plan Approval. Site development plan approval in accordance with Section 10.2 hereof shall be required prior to the issuance of building permits for the erection or enlargement of all structures and prior to the issuance of certificates of occupancy for any change of use.
BULK REGULATIONS
(C-2A)
Minimum Required:
Area -
Lot Width (ft.) -
Lot Depth (ft.) 100
Front Yard (ft.) -
Side Yard (ft.) Same as C-1
Rear Yard (ft.) 20 ft. above ground floor, none required for ground floor but 10 ft. minimum if provided.
Side or Rear Year which
adjoin a Residence Zone (ft.) 25
Off-Street Parking Per
300 sq. ft. of Floor Area 1 or 1/DU as in 6.3
Maximum Permitted:
Stories 6
Feet 60
Floor Area Ratio 4.0
Passed April 12, 1965
TAX RATE
On motion of Mr. Hayes, seconded by Mr. Biggs, the tax rate for the year 1965 was set at 90¢ per $100 of assessed valuation.
ANNEXATION REFERENDUMS
Election officials of Kent County certified to City Council the result of the referendum on April 3, 1965 on the question to annexing to the City of Dover certain territory generally north of the present City limits as 841 votes in favor of annexation, 5445 votes opposed to annexation. The certification was accepted by Council.
Election officials of Kent County certified to City Council the result of the referendum on April 3, 1965 on the question of annexing to the City of Dover certain territory generally west and northwest of the present City limits as 2192 votes in favor of annexation, 2134 votes opposed to annexation. The certification was accepted by Council.
Winfield and D. Louise Cannon, property owners in the area in which the annexation was approved, through their attorney Harold Schmittinger, wrote Council that they were allowed to cast votes on the basis of a $500 property assessment rather than on a property assessment of $7100, which change their attorney claims was made on April 2, the day before the election. The additional 66 votes would have been cast against annexation, and they requested Council to declare that the proposed annexation failed. Mr. Schmittinger also presented to Council a petition signed by residents and property owners in the area requesting Council to set aside the vote because the closeness indicated tat the greater number of individual property owners were not in favor of annexation. In the case of the Cannons, they built a house in 1962 for which they had never previously been assessed by the County. The County records available to election officials at the time of the election indicated the $500 assessment and the Cannons claim they protested this amount to an election official.
City Solicitor Buckson gave his opinion to Council that the increase in the Cannon assessment was not valid because it had not been made by the Board of Assessment and the written notice required by law had not been made until some time after the election.
Council listened to the petitioners who were present at the meeting. On motion of Mr. Hayes, seconded by Mr. Biggs, further action on the annexation was tabled until April 26, 1965.
ZONING HEARING
Lewes Dairy Inc. requested City Council to change the zoning on a 50' lot on Mitscher Road adjacent to Whiteoak Road from its present R-8 designation to C-1. A public hearing is required prior to any change in the zoning map or zoning ordinance:
On motion of Mr. Hayes, seconded by Mr. Harris, Council by unanimous vote adopted the following resolution, and referred the request to the Planning Commission for recommendation.
A RESOLUTION SETTING FORTH TIME AND PLACE FOR 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, a certain lot on the east side of Mitscher Road, south of the Whiteoak Road, is presently zoned for R-8 use, and
WHEREAS, a request has been received to change the zone designation from R-8 to C-1 Commercial use, and
WHEREAS, a public hearing is required prior to amending the Zoning Ordinance or Zoning Map 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 a public hearing be held at City Hall at 8:00 P.M. on May 10, 1965 on a proposed amendment to the zoning ordinance and zoning map of The City of Dover which would change from R-8 to C-1 use a certain 5' x 103' lot on the east side of Mitscher Road beginning at a point approximately 123' south of the center line of Whiteoak Road bounded on the west by Mitscher Road on the south by lands of John Pleasanton and on the east and north by other lands of Lewes Dairy, Inc., the lot being the property of Lewes Dairy, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted April 12, 1965.
ZONING HEARING
J & C Farms Company and DFD, Inc. requested City Council to rezone a plot of approximately 11½ acres north of the Holiday Inn and adjacent to Silver Lake from its present R-20 designation to RG-2 use. The intention is to construct Colonial garden type apartments on the tract. A public hearing is required prior to any change in the zoning map or zoning ordinance.
On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous vote adopted the following resolution, and referred the request to the Planning Commission for recommendation.
A RESOLUTION SETTING FORTH TIME AND PLACE FOR 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, a certain plot immediately north of lands of Holiday Inn, between Silver Lake and lands of Towne Point Motel and others, containing approximately 11½ acres, is presently zoned for R-20 use, and
WHEREAS, a request has been received to change the zone designation from R-20 to RG-2 use, and
WHEREAS, a public hearing is required prior to amending the Zoning Ordinance or Zoning Map 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 a public hearing be held at City Hall at 8:15 P.M. on May 10, 1965 on a proposed amendment to the zoning ordinance and zoning map of The City of Dover which would change from R-20 to RG-2 use that plot of land containing approximately 11½ acres bounded on the south by lands of the Holiday Inn, on the west by Silver Lake, on the north by lands now or formerly of Ernest V. Keith, and on the east by lands of Vernon B. Derrickson, Vineta Hotel Co., and Towne Point Motel Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted April 12, 1965.
PARKS COMMITTEE
Councilman Walls submitted a written report of a meeting of the Parks, Playgrounds and Tree Committee held April 5. The report was accepted.
Councilman Walls submitted a written report of a meeting of the Safety Advisory Committee held April 5. The report was accepted.
TREE
A letter from the State Highway Department requested that a tree planted in a plot at the intersection of Division and Forest Streets be removed as a traffic hazard. On motion of Mr. Holpp, seconded by Mr. Harris, Council directed the tree be removed.
ORDINANCES
On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous vote passed the following ordinance:
AN ORDINANCE REGULATING THE PARKING OF MOTOR VEHICLES ON PORTIONS OF EAST AVENUE
WHEREAS, the parking of motor vehicles on that portion of East Avenue between Water Street and D Street creates a hazard to the free flow of traffic on that portion of East Avenue, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to restrict the parking of motor vehicles on portions of East Avenue, and
WHEREAS, the Police Department of the City of Dover are authorized and empowered to enforce the restriction established by the Mayor and Council of the City of Dover in Council met:
Be It Ordained that from and after the passage of this ordinance:
1. It shall be unlawful for any person, firm, association or corporation to park or allow to be parked, any motor vehicle on that portion of the east side of East Avenue from a point at the intersection of the easterly side of East Avenue and the southerly side of D Street to a point where the easterly side if East Avenue intersects with the westerly side of Water Street.
2. Parking of motor vehicles on the westerly side of East Avenue from a point where the westerly side of East Avenue intersects with the southerly line of D Street to a point in the northerly side of the service entrance to the State Highway Building shall be restricted to thirty (30) minutes.
3. That the Police Department of the City of Dover is hereby authorized and empowered to install any and all necessary signs or symbols at the above locations prescribing the parking regulations as set forth herein.
4. Any person or firm, association or organization violating provisions of this ordinance shall upon conviction be fined not less than $2.00 nor more than $10.00 and each day that this offense continues shall be deemed, for the purpose of this ordinance, a separate offense.
Passed April 12, 1965.
On motion of Mr. Walls, seconded by Mr. Massey, Council by unanimous vote, passed the following ordinance:
AN ORDINANCE PROVIDING FOR THE ERECTION OF A STOP SIGN ON MINIMA STREET, AT THE INTERSECTION OF MINIMA STREET AND SLAUGHTER STREET.
WHEREAS, Title 21, Delaware Code, Section 505, vests in the local authorities the right to install signs notifying the drivers of motor vehicles to come to a full stop, and
WHEREAS, the Police Department of the City of Dover has deemed it necessary and advisable to install such stop sign at the intersection of Minima Street and Slaughter Street.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. No vehicle shall enter onto Slaughter Street from Minima Street without coming to a full stop, nor shall any individual operate a motor vehicle without first stopping before entering Slaughter Street.
2. 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 stop sign at the intersection of Minima Street and Slaughter Street.
3. Any violation of the provisions of this ordinance shall result in prosecution under the laws of the State of Delaware, and fines and/or imprisonment shall be as provided in the applicable provisions of the Delaware Code.
Passed April 12, 1965.
On motion of Mr. Walls, seconded by Mr. Hayes, Council by unanimous vote passed the following ordinance:
AN ORDINANCE REGULATING THE POSSESSION AND/OR CONSUMPTION OF ALCOHOLIC BEVERAGES BY MINORS
WHEREAS, the State of Delaware has enacted certain legislation concerning the consumption of alcoholic liquors by persons who have not yet reached the age of twenty-one years, and
WHEREAS, it is the desire of the Mayor and Council of the City of Dover that a restriction of similar nature be in force within the limits of the City of Dover
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 of this Ordinance whoever being under the age of twenty-one years, except as provided hereafter, has alcoholic liquor in his possession at any time or consumes or is found to have consumed alcoholic liquor, shall, upon conviction, be fined not more than Twenty-five Dollars ($25.00).
2. Section 1 above shall not apply to any person who has liquor in his possession or consumes alcoholic liquor in connection with any religious service or within any private home.
Passed April 12, 1965.
PLAZA TRAFFIC
The Safety Advisory Committee recommended that the plan of the State Highway Department for traffic flow on The Plaza and the parking lot adjacent to the new Post Office be approved with the exception of a proposed outlet on the north of the parking lot. On motion of Mr. Harris, seconded by Mr. Smith, Council approved the recommendation of the committee.
UTILITY COMMITTEE
Councilman Holpp submitted a written report of a meeting of the Utility Committee held April 5. The report was accepted.
HAZLETTVILLE - SAULSBURY ROAD
Council reviewed State Highway Plans for the extension of Saulsbury Road to the south and the development of Hazlettville Road. The Safety Advisory and Utility Committees recommended approval of their Scheme 2 modified so that Saulsbury Road would extend through the Mifflin home property, Hazlettville Road would be four lanes west from approximately Minima Street, North Street would be one way west from Governors Avenue to approximately Minima Street, an eastbound only road would be constructed across Eden Hill farm from approximately Minima Street to a railroad crossing at Water Street, New Burton Road would remain two-way, and Water Street east of the railroad would have two traffic lanes eastbound, and one land westbound. On motion of Mr. Walls, seconded by Mr. Holpp, Council approved Scheme II as presented, with Mr. Hayes voting ‘No’.
TRAFFIC CONTROLS
The manner of synchronization of traffic control lights in the City was discussed. The Safety Advisory and Utility Committees, both of which reported on the matter, apparently did not fully agree. On motion of Mr. Holpp, seconded by Mr. Harris, Council authorized the synchronization of traffic control lights as recommended by the City Manager. W.F. Keegan Master Control, actuated by telephone lines will be installed to synchronize present signals plus a new signal at Division & New Streets making a total of 12 being controlled. Signals at S. Governors and Wyoming Avenue and North State at Walker Road will not be synchronized.
DAYLIGHT SAVING
On motion of Mr. Smith, seconded by Mr. Hayes, Council authorized the opening and closing of City offices one hour earlier between the last Sunday in April and the last Sunday in October.
CORRESPONDENCE
A letter from the Dover Automobile Dealers Association noted that certain new and used car dealers in the City were open for business on Sundays. They thought a City ordinance prohibited such activity and asked Council action. Council directed that the letter be answered saying that no City ordinance prohibited such business, but that it was the sincere desire of Council that no unnecessary business be conducted on Sundays.
A letter from the Public Service Commission noted that a hearing would be held on April 26, 1965 on the application of Tidewater Utilities to operate a sewer and water utility in Kent County.
Council adjourned at 10:55 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of April 12, 1965 are hereby approved.
Crawford J. Carroll
Mayor
April 15, 1965