REGULAR MEETING
September 9, 1963
The regular meeting of City Council was held Monday, September 9, 1963 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Harris, Hayes, Hill, Holpp, Hughes, Smith and Walls.
The invocation was said by Mr. Amos V. Pepper.
MINUTES
Minutes of the meeting of August 26, 1963 were accepted as read and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police was accepted as read.
Report of the Alderman Cavanaugh was accepted as read. Checks in the amounts of $874.90, $137.00, and $71.00 were remitted to the City. Report of Magistrate Knotts was accepted as read. A check in the amount of $1540.60 was remitted to the City.
Report of the Fire Marshal and Building Inspector was accepted as read.
Report of the Board of Health was accepted as read.
Report of Cash Receipts, General Fund was accepted as read.
General Fund Budget Report was accepted as read.
Electric Revenue Fund Cash Report was accepted as read.
Electric Improvement Fund Cash Report was accepted as read.
Report of the City Manager was accepted as read.
EQUIPMENT PURCHASE
Council reviewed the bids received for trash collection equipment together with the recommendation that purchase be made from The Leach Company, whose bid was the highest of three submitted. Council approved the recommendation. On motion of Mr. Hayes, seconded by Mr. Biggs, Council authorized purchase of the equipment form the Leach Company for a total price of $9,828.00.
GAS LINE
Eastern Shore Natural gas requested permission to install a gas line in the Hazlettville Road from a point near the railroad to the General Foods plant. Council discussed the present installation of that company and also the operation of the Dover Gas Company within the City. Council decided that they should see a proposed written agreement before granting any permit to the Natural gas Company. On motion of Mr. Holpp, seconded by Mr. Harris, Council directed the City Manager and City Solicitor to prepare a proposed agreement for consideration of City Council.
REFERENDUM CERTIFICATION
Kent County election officials who conducted the annexation referendum on the area known as Northwest Dover Heights on Saturday, September 7, 1963, between the hours of 1 P.M. and 7 P.M. certified to Council the results of the election to be as follows:
FOR inclusion within the City of Dover: 1051 Votes
AGAINST inclusion within the City of Dover: 31 Votes
On motion of Mr. Hayes, seconded by Mr. Hughes, the certification was accepted.
WOODCREST
Prior to considering the annexing of the Northwest Dover Heights Area Council discussed the Wilson tract and the Woodcrest development. Even though a question existed at to the number of vote R. Harry Wilson, the only voter in the referendum annexing that area, should have cast, the Solicitor assured Council there was no doubt that the annexation of the tract was legal. A doubt does exist as to whether the Wilson tract is zoned. The zoning ordinance of the City contains a provision which automatically zones all newly annexed lands as R-20 or agricultural. The developers of Woodcrest filed a plot plan showing proposed uses of the Wilson tract prior to its annexation by City Council. The Planning Commission had been asked to give tentative approval to the proposed development plan prior to annexation and had refused approval of the erection of apartment houses adjacent to the Suburban Propane Gas Co. and the City of Dover power plant. Following annexation, a public hearing as required by the State enabling act, has not been held to zone the area according to the filed plot plan, or any other way. The Solicitor stated that the blanket R-20 zoning can be challenged, that filing the plot plan prior to annexation in effect was acceptance by Council of the uses plotted, and that a public hearing was required under the State Code prior to zoning or rezoning. After much discussion, Council decided to hold a public hearing on rezoning the Wilson tract.
ON motion of Mr. Hayes, seconded by Mr. Harris, Council by unanimous vote adopted the following resolution:
RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON PROPOSED AMENDMENT TO THE ZONING MAP AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands north of Walker Road and east of the Delaware Railroad owned by Woodbrook Builders Inc., and recently annexed to the City of Dover, are zoned pursuant to the Zoning Ordinance of the City of Dover as R-20, and
WHEREAS, a plot plan filed by the developers prior to annexation proposes that the land be zoned C-1, R-8, RG-2 and IPM, and
WHEREAS, Council desires to zone or rezone the land in the best public interest and welfare
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
1. That the Zoning Ordinance and Zoning Map of the City of Dover be amended as hereinafter set forth and that a public hearing on the proposed amendment be held on the 14th day of October 1963 at City Hall at 8:00 P.M., and that notice be given in accordance with the provisions of the Delaware Code and the Zoning Ordinance of the City of Dover.
2. That lands of Woodbrook Builders Inc, between Walker Road and a proposed Woodcrest Drive and Woodcrest Turn containing approximately 6.3 acres to be rezoned from R-20 to C-1; that lands of Woodbrook Builders Inc. between Woodcrest Drive, lands of City of Dover and lands of Dover Special School District, plotted as lots and containing approximately 34.9 acres be rezoned from R-20 to R-8; that lands of Woodbrook Builders Inc. between Woodcrest Drive and lands of City of Dover and containing approximately 10.9 acres be rezoned from R-20 to RG-2; and that lands of Woodbrook Builders Inc. between lands of the City of Dover and the Delaware Railroad and containing approximately 1.5 acres be rezone from R-20 to IPM.
Adopted September 9, 1963
ANNEXATION RESOLUTION
On motion of Mr. Hughes, seconded by Mr. Biggs, Council by unanimous vote adopted the following resolution of annexation with the provision that the area be zoned R-20 in accordance with the Zoning Ordinance of the City of Dover.
RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
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 deem it in the best interest of the City of Dover to include an area as hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held on the 7th day of September, A.D. 1963, for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, there were 1051 votes cast for the inclusion within the City of Dover of the hereinafter described lands and 31 votes against the inclusion with the City of Dover of the hereinafter described lands, and
WHEREAS, the aforementioned Amendment to the Charter of the City of Dover provides that if a majority of the votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing the said territory and including the same within the limits of the City of Dover:
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
1. That the following described area shall be annexed to and included within the limits of the City of Dover:
ALL those certain pieces, parcels or lots of land lying and being adjacent to the City of Dover and being in East Dover Hundred, Kent County and State of Delaware and being more particularly described, to wit:
BEGINNING at a point, said point being the intersection of the easterly right of way line of the Delaware Railroad Company with the northerly right of way line of Walker Road; thence in a westerly direction with the said northerly right of way line of Walker Road to the easterly right of way line of McKee Road; thence with the said easterly right of way line of McKee Road in a northerly direction to the southerly property line of lands of Coty, Inc.; thence in an easterly direction with said Coty, Inc. lands to the aforesaid easterly right of way line of the Delaware Railroad Company; thence in a southerly direction with the said easterly right of way line of the Delaware Railroad Company home to the place of beginning, be the contents what they may.
2. That a certified copy of this Resolution of Annexation together with a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County.
3. That the above described area so annexed and included within the limits of the City of Dover shall for all purposes beginning with the effective date of this resolution be a part of the City of Dover.
4. The effective date of this Resolution shall be the 10th day of September, 1963, at 12:01 A.M. o’clock.
Adopted September 9, 1963
GRASS CUTTING ORDINANCE
Council considered the adoption of a grass cutting ordinance governing permissible growth on occupied or unoccupied premises within the City.
On motion of Mr. Hayes, seconded by Mr. Hill, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE REQUIRING THE PROPERTY OWNER TO CUT AND/OR REMOVE GRASS AND WEEDS FROM OFF THE PREMISES WHEN SAID GRASS AND/OR WEEDS EXCEEDS 12 INCHES IN HEIGHT.
WHEREAS, the Health Inspector of the City of Dover is vested with the authority to remove fire hazards and unsafe conditions within the limits of the City of Dover, and
WHEREAS, the Mayor and Council deems the existence of tall grass and weeds such a hazard.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council in Council met, that,
Section 1. Any owner, occupant, tenant of any premises within the limits of the City of Dover or any agent caring for or in charge of said premises shall be responsible for maintaining the yards, fields, or gardens in such a manner so as to prevent all grass, weeds and underbrush from exceeding 12 inches in height.
Section 2. Section 1 is not intended to include any flowers, hedges, shrubbery, trees, or vegetable gardens growing on the premises as described in paragraph one. Subject, however, to the conditions that the Health Inspector of the City of Dover shall have the responsibility and duty for determining what constitutes a violation and/or breach of Section 1 herein.
Section 3. The regulations pertaining to the cutting of grass and weeds of a height in excess of 12 inches shall be advertised in a local paper on the first Monday of each month beginning in April and ending in October.
Section 4. In addition to the advertising as provided in Section 3, above, the Health Inspector shall notify, in writing, the owner, occupant, or tenant, setting forth the fact that the premises are in such a condition as to be in violation of this ordinance.
Section 5. Five days after the notice in writing as provided in Section 4 above, the City of Dover by it’s authorized agent or employee may enter on the premises for the express purpose of cutting the grass and/or weeds as provided in Section 1 above, it being understood that the purpose for the action taken by the City of Dover is to prevent the existence of a fire and health hazard for residents of the said City of Dover.
Section 6. Any further violation of the provisions of this ordinance shall be a misdemeanor and any owner, occupant, tenant, or agent in charge of the premises upon conviction shall be fined not less than $10.00 nor more than $50.00, or shall be imprisoned for a period of not more than 10 days.
Passed September 9, 1963
AIR BASE ELECTRIC CONTRACTS
Council considered proposed supplements to the Dover Air Base electric contracts which included the latest Federal regulations on labor standards. On motion of Mr. Hughes, seconded by Mr. Hayes, Council authorized completion of the contract supplements. Mr. Hill voted ‘No’.
BROUGH DRIVEWAY
A request by Albert Brough for a driveway exit on S. Governors Avenue had previously been refused because it would be located in a channeled traffic lane. He has again requested the curb depression on the grounds that his lot had enough area to permit a car to be turned around and driven into the street without backing. On motion of Mr. Hill, seconded by Mr. Hayes, the request was referred to the City Manager and Chief of Police for investigation and report back. Mr. Holpp voted ‘No’.
CHOPTANK AVIATION
A letter from Choptank Aviation Co. Inc., P.O. Box 103, Cambridge, Maryland stated the plan of that company to begin on October 1 a commuter air service between Dover, Baltimore, Washington and Dulles International Airport. They had planned to use Dover Airpark, behind Consolidated Industries, at Dover, but the field is suitable only for use in daylight hours. They requested permission to use Dover Air Force Base and found that such requests were accepted only from representatives of the community. The Company therefore asks the Mayor and Council of Dover to endorse their air service and to request the Dover Air Force Base to permit the Company to use Base facilities. A copy of the request would go to the Federal Aviation Agency. On motion of Mr. Harris, seconded by Mr. Hayes, Council authorized the Mayor to make such a request of the Dover Air Force Base.
TRAFFIC SURVEY
Chief Turner stated that a 24-hour survey had been made of traffic on East Loockerman Street and that 90 trucks had passed during the period. Only one vehicle during the period exceeded the speed limit by more than 2 or 3 miles per hour. The Chief pointed out that many truck use Loockerman Street when moving from the west because of the traffic island at Division and Forest Streets which makes truck turns into Division Street difficult. The committee of Council on Traffic and Safety will talk to officials of the State Highway Department on the possibility of removing the traffic island. Because Loockerman and Forest Streets are supported with Federal funds truck traffic cannot be banned, but Division Street can be posted as a truck route.
Council adjourned at 10:15 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of September 9, 1963 are hereby approved.
Crawford J. Carroll
Mayor
September 11, 1963