REGULAR MEETING
November 26, 1962
The regular meeting of City Council was held Monday, November 26, 1962 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Hayes, Hill, Holpp, Hughes, Mowlds, Turner, Walls and Zartman.
The invocation was said by the Rev. Leonard Taylor.
MINUTES
Minutes of the meeting of November 12, 1962 were read and bore the written approval of Mayor Carroll. On motion of Mr. Hill, seconded by Mr. Hayes, Council directed that the minutes be corrected to indicate that Dr. Robert Fox stated he would permit the storage of no flammable liquids on his property at Governors Avenue and South Street, rezoned from I0 to C-3.
Minutes of the special meeting of November 14, 1962 were read and bore the written approval of Mayor Carroll. On motion of Mr. Hughes, seconded by Mr. Mowlds, Council directed that the minutes be corrected to indicate that short term money could be obtained by selling securities with repayment pledged from proceeds of a revenue bond sale.
FIRE COMPANY ELECTION
The committee named to conduct the nominating election at the Robbins Hose Company on November 19, 1962, certified the results of the election to be as follows:
Chief: Jack T. Roe, 28 votes
Deputy Chief: William T. James, 31 votes
1st Asst. Chief: Wilson Comegys, 31 votes
2nd Asst. Chief: Robert Quillen, 29 votes
3rd Asst. Chief: Donald Hodge, 18 votes
Robert Faries, 18 votes
The vote for 3rd Assistant Chief was tie. On motion of Mr. Turner, seconded by Mr. Walls, Council directed that a special election be held to nominate one for that office on Monday, December 3, 1962 between 7 and 9 P.M. Councilmen Turner, Holpp and Walls were named to conduct the election.
MEETING DATE
A regular meeting night of City Council in December fall on Christmas Eve. On motion of mr. Mowlds, seconded by Mr. Hayes, Council decided to hold its meeting on Monday, December 17, 1962.
BROUGH ZONING
Albert L. Brough owns a residence at 441 S. Governors Avenue and desires to enlarge it. The area is zoned Service Commercial and enlargement of residences is prohibited. Mr. Brough requests that the zoning ordinance be changed to permit his addition.
On motion of Mr. Mowlds, seconded by Mr. Walls, Council by unanimous vote adopted the following Resolution:
RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH PROVISIONS OF THE DELAWARE CODE.
WHEREAS, it is the desire of the Mayor and Council to amend the Zoning Ordinance to permit the Board of Adjustment to grant a variance under certain conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
1. That Section 9.22, Variances, of the Zoning Ordinance of the City of Dover be amended by adding after the words “other than variance of any use regulations,” the following words “but excepting a variance for improvement or extension of an existing nonconforming use of a more restrictive nature,”.
2. That a public hearing on the proposed change be held on the 17th day of December, 1962 at City Hall at 8:00 P.M., and that notice thereof be given in accordance with the provisions of the Delaware Code.
Adopted November 26, 1962.
JONES TRAILER
A letter from Herman W. Jones, 27 Mitchner Road, requested permission to relocate a trailer on a lot adjacent to that address for rental purposes. City water, septic tank and cesspool is installed, but the lot had been vacant since March 1961. An ordinance prohibits the location of trailers within the City. Council directed that the provisions of the ordinance be enforced and the request denied.
ZONING MAP HEARING
Notice has been duly given of a public hearing to be held at this time on a proposed amendment to the Zoning Map of the City of Dover to provide that certain areas along Highway 13 and 113 be designated as Highway Commerce Zone, C-4. The Mayor declared the hearing open. A map was presented which designated specific areas proposed to be zoned C-4. Lands of John Hunn Brown, fronting on the highway, were proposed C-4 for depths not exceeding 1000'. He appeared with his attorney, Maurice Hartnett and asked that his lands to their full depth be zoned C-4, rather than the depths proposed, which he had originally requested. Mr. Hollingsworth also asked that all his property be zoned C-4 rather than just the highway frontage as proposed. Council, after full discussion, decided any additions to the proposed C-4 zone should be delayed until all the area recently annexed to the City are finally zoned.
On motion of Mr. Turner, seconded by Mr. Mowlds, Council passed the following amendment to the Zoning Ordinance by vote of 7 to 1, Mr. Hill voting ‘No’.
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DOVER BY PROVIDING FOR CERTAIN AREAS TO BE DESIGNATED AS HIGHWAY COMMERCE ZONE (C-4).
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 necessary to designate a “Highway Commerce Zone” in order to property zone areas now included within the limits of the City of Dover by annexation, or otherwise.
NOW, THEREFORE, be it Ordained by the Mayor and Council of The City of Dover in Council Met:
1. That certain areas located on either side of U.S. Route 13 between the Whiteoak Road and Coopers Corner, and on a portion of U.S. Route 113A, as designated on a map at a public hearing heretofore held and previously designated as R-20 Zone, shall be modified and from the date of the enactment of the Ordinance shall be designated as Highway Commerce Zone, C-4, on the Zoning Map of the City of Dover.
2. That the area designated in section 1, above, shall be subject to the same general regulations and provisions as presently exist in Section 3.7A of the Zoning Ordinance of the City of Dover entitled “Highway Commerce Zone, (C-4)”.
Passed November 26, 1962.
NOTICE OF ZONING MAP HEARINGS
On motion of Mr. Hill, seconded by Mr. Mowlds, Council directed that in addition to the legal notice of public hearings on Zoning Map changes, a newspaper advertisement would be inserted which would include a sketch or map of the area in which changes are proposed.
ZONING MAP HEARING
Council desires to hold a public hearing to specifically zone areas recently annexed to the City. The Zoning Commission has recommended these specific zones. On motion of Mr. Hill, seconded by Mr. Turner, Council directed that the proposal of the Zoning Commission be changed to designate the balance of the lands of John Hunn Brown, Hollingsworth and Carroll as proposed Highway Commerce Zone, C-4.
On motion of Mr. Mowlds, seconded by Mr. Hill, Council by unanimous vote adopted the following Resolution:
RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE ZONING MAP OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain areas tot eh east and south of the old boundaries of the City of Dover were recently annexed, and
WHEREAS, Section 2.5 of the Zoning Ordinance of the City of Dover provides that all lands included within this area shall be zoned for R-20 or Agricultural use, and
WHEREAS, it is the desire of the mayor and council to amend the zoning ordinance to change the permitted uses within certain portions of this area.
BE, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
1. That a public hearing be held on proposed changes to the Zoning Map of the City of Dover, as hereinafter set forth, on Monday, December 17, 1962, at City Hall at 8:15 P.M. and that notice thereof be given in accordance with the provisions of the Delaware Code and the regulation of City Council.
2. That all lands recently annexed to the City of Dover, and not heretofore specifically zoned, shall be zoned as proposed by the Zoning Commission and amended by the City Council of the City of Dover and that a map or sketch of such proposed zoning shall be published together with this notice.
Adopted November 26, 1962.
KULJIAN ARBITRATION
City Manager Ward reported on the status of the arbitration proceedings with the Kuljian Corporation concerning their fees for engineering and construction management at the McKee Run plant. The law firm of Connolly, Lodge and Bove has been selected by the Utility Committee to represent the City.
DIAMOND COLD STORAGE WELL
The Diamond Cold Storage Co. asks permission to drill a well on its property which is within the City limits. A City ordinance prohibits any firm of person from drilling a well which taps the strate now providing the water supply of the City. On motion of Mr. Hayes, seconded by Mr. Hughes, Council directed that no wells be permitted which are prohibited by City ordinance.
XMAS PARTY
Council discussed a suggestion that a Christmas party be held for all City employees. No action was taken.
McKEE OPEN HOUSE
City Manager Ward reported on the open house held at the McKee Run Generating plant on November 24 and 25. Between 500 and 600 visitors went through the plant. On motion of Mr. Holpp, seconded by Mr. Hayes, Council directed that a letter pf appreciation be sent to the Boy Scouts for their assistance, and to the City employees at the power plant for their efforts.
CHANNEL SURVEY
On motion of Mr. Hill, seconded by Mr. Hayes, Council directed that a letter be sent to Act. Traffic Engineer Ray Pusey, Traffic Division, State Highway Department, requesting a survey of channelized State roads within the City and their recommendation as to proper overhead marking.
WEED ORDINANCE
On motion of Mr. Hill, seconded by Mr. Turner, the Fire Marshall was directed to meet with the City Solicitor to review City ordinances on control of weeds, grass, hedges and shrubbery, where they effect street or alley right-of-way, and otherwise, and to recommend to Council such amendments as they believe are necessary for more effective control.
FLANAGAN RESTRICTION
On motion of Mr. Hill, seconded by Mr. Mowlds, Council authorized signature by the Mayor of waiver of deed restriction limiting to residential use the property of Dr. W. W. Flanagan at Governors and Waples Avenues on which he proposes to build a professional building, and which is so zoned.
DELINQUENT ACCOUNTS
Council was presented with a list if delinquent water, sewer and curbing accounts. On motion of Mr. Zartman, seconded by Mr. Hayes, Council directed that the recommendation of the City Solicitor be obtained on action to collect the curbing accounts.
WATER LINE BID
Bids have been obtained on extension of a water line to the new General Foods plant site. Federal participation and grant is desired, if it can be obtained. On motion of Mr. Hughes, seconded by Mr. Zartman, Council left to the judgement of the City Manager the matter of the best time to proceed with the project and awarding the contract.
Council adjourned at 10:20 P.M.
F. Neylan
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of November 26, 1962 are hereby approved.
November 29, 1962 Crawford J. Carroll Mayor