REGULAR MEETING
November 12, 1962
The regular meeting of City Council was held Monday, November 12, 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 regular Council meeting of October 22,1962 and of the Special Council meetings of October 24 and October 29, 1962 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police was accepted as read.
Report of Alderman Shockley for December was accepted as read. A check in the amount of $72.00 was remitted to the City. Report of Magistrate Cavanaugh was accepted as read. A check in the amount of $231.50 was remitted to the City. Report of Magistrate Knotts was accepted as read. A check in the amount of $122.60 was remitted to the City.
Report of the Fire Marshal & Building Inspector was accepted as read.
Report of the Board of Health was accepted as read.
General Fund Cash Receipts and budget reports were accepted as read.
Electric Department Cash, Improvement and Operating reports were accepted as read.
COHEE HOUSE
Al Biggs requested permission to move the Rosie Cohee house from S. State Street to Water Street. On motion of Mr. Mowlds, seconded by Mr. Zartman, permission was granted. The Building Inspector will write a letter informing Mr. Biggs that the relocated house must meet all requirements of the various City codes and ordinances.
CURB HEARING
Due notice has been given of a public hearing to be held at this time regarding the installation of curb and gutter on both sides of North Street from New Burton Road to Federal Street and on both sides of New Street from Loockerman to Water Street. The hearing was open and all property owners and residents of the City were given the opportunity to be heard. Questions were asked about the improvement of the streets. There were no objections to installation of curb and gutter.
On motion of Mr. Turner, seconded by Mr. Hayes, Council by unanimous vote adopted the following Resolution:
RESOLUTION PROVIDING FOR THE INSTALLATION OF CURBS AND GUTTERS ON NORTH STREET BETWEEN NEW BURTON ROAD AND THE FEDERAL STREET AND ON NEW STREET BETWEEN LOOCKERMAN STREET AND WATER STREET IN THE CITY OF DOVER AND ASSESSING THE COSTS THEREOF TO THE ADJOINING PROPERTY OWNERS.
WHEREAS, the Mayor and Council of The City have considered the installation of curbs and gutters on the streets mentioned above, and
WHEREAS, a hearing has been held by the mayor and council determining whether the said curbs and gutters should be installed, and
WHEREAS, pursuant to the hearing the Mayor and Council have determined that such installation is for the best interests of the residents in the area designated above.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council Of The City of Dover in Council Met:
1. That the City of Dover shall install along North Street between New Burton Road and Federal Street and along New Street between Loockerman Street and Water Street, curbs and gutters for the benefit of the residents of that area, and
2. That the cost of the installation of the said curbs and gutters shall be assessed against the adjoining property owners based upon the front footage which each property owner has on the aforesaid street.
Passed November 12, 1962
CURB HEARING
Due notice had been given of a public hearing to be held at this time regarding the installation of curb and gutter on both sides of Legislative Avenue extended, between Loockerman Street and north line of lands of the City of Dover and the Dover Hotel Corporation. The hearing was open and all property owners and residents of the City were given the opportunity to be heard. There was no objection to installation of the curb and gutter.
On motion of Mr. Mowlds, seconded by Mr. Walls, Council by unanimous vote adopted the following Resolution:
A RESOLUTION PROVIDING FOR THE INSTALLATION OF CURBS AND GUTTERS ON LEGISLATIVE AVENUE IN THE CITY OF DOVER AND ASSESSING THE COSTS THEREOF TO THE ADJOINING OWNERS OF PROPERTY.
WHEREAS, the Mayor and Council of The City of Dover have considered the installation of curbs and gutters on the streets mentioned above, and
WHEREAS, a hearing has been held by the Mayor and Council determining whether the said curbs and gutters should be installed, and
WHEREAS, pursuant to the hearing the Mayor and Council have determined that such installation is for the best interests of the residents in the area designated above.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of The City of Dover in Council Met:
1. That the City of Dover shall install along Legislative Avenue extended, curbs and gutters for the benefit of the residents of that area, and
2. That the cost of the installation of the said curbs and gutters shall be assessed against the adjoining property owners based upon the front footage which each property owner had on the aforesaid street.
Passed November 12, 1962.
ZONING ORDINANCE HEARING
Due notice had been given of a public hearing to be held at this time regarding a proposed amendment to the zoning map of the City of Dover which would designate the area west of the railroad and south of the Hazlettville Road, within the City limits, as an Industrial Park Manufacturing Zone. The hearing was duly opened and all interested parties were given the opportunity to be heard. Following questions and discussion it was the decision of City Council that all the area should be designated Industrial Park Zone with the exception of certain properties on which residences were now constructed.
On motion of Mr. Hill, seconded by Mr. Zartman, Council by unanimous vote passed the following amendment to the Zoning Ordinance and Zoning Map:
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DOVER
WHEREAS, the zoning ordinance of the City of Dover established an Industrial Park Manufacturing Zone designated as Section 3.99, and
WHEREAS, after a public hearing, it is the belief of the Mayor and Council of the City of Dover that an area in the western section of the City should be designated as an Industrial Park Manufacturing Zone, and
WHEREAS, it is required that the Zoning Map of the City of Dover be changed to designate this Zone.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. All that area located, lying and being West of the Pennsylvania Railroad line and South of the Hazlettville Road recently incorporated within the limits of the City of Dover shall be designated as an Industrial Park Manufacturing Zone (IPM), except an area parallel to, an extending 380 feet to the east of, County Road No. 195, between the south property lines of Ethel C. Evans and E. Calvin and Eileen E. Lockwood Jr. and the north property line of Charles C. and Sarah S. Breme.
2. That the zoning map of The City of Dover shall be modified so as to establish this as the zone designated in paragraph 1.
Passed November 12, 1962
ZONING ORDINANCE HEARING
Due notice has been given of a public hearing to be held at this time regarding a proposed amendment to the zoning map of the City of Dover which would designate a plot of land on the southeast corner of Governors Avenue and South Street as C-3 Zone rather than I0 Zone. The hearing was duly opened and all interested parties were given the opportunity to be heard. Dr. Robert Fox, owner of the plot, stated that the Goodyear Tire and Rubber Co. proposed to build a retail outlet on the plot, which business would be similar to those now occupying the other three corners of the intersection. Dr. Fox stated that he will put a restriction on the use of the land which will prohibit any tire recapping process on the premises. Max Terry, Attorney, for J. Allen Frear, from whom Dr. Fox purchased the plot, objected to the rezoning, stating that the plot was sold with the understanding it would be used only for activities connected with the nearby Kent General Hospital. Dr. Fox stated he had no such understanding and that the deed contained no such restriction.
On motion of Mr. Hill, seconded by Mr. Walls, Council by vote of 5 to 3 passed the following amendment to the Zoning Ordinance and Zoning Map, Councilmen Holpp, Turner and Zartman voting ‘No’.
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DOVER FROM I0 TO C-3.
WHEREAS, the Mayor and Council of The City of Dover conducted a hearing to determine whether or not certain lands located on the southeast corner of South Governors Avenue and South Street should be changed from I0 to C-3 use, and
WHEREAS, it is necessary to reflect the change in the zoning map of the City of Dover.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. The zoning map of the City of Dover shall be modified so that all that lot or parcel of land located on the southeast corner of South Governors Avenue and South Street, extending 269 feet on Governors Avenue and 208 feet on South Street, shall be designated as C-3 Zone, and
2. That the area set forth herein shall be subject to the same regulations and restrictions as are established for zones presently designated as C-3.
Passed November 12, 1962.
On motion of Mr. Hill, seconded by Mr. Mowlds, Council directed that the minutes note the statement of Dr. Fox that no tire recapping services will be permitted on the plot.
AUDIT
William Manter, CPA, appeared before City Council and answered questions in relation to the audit of City accounts for the fiscal year ending June 30, 1962. He requested that prior to the next required audit a meeting be held with the Finance Committee of Council to define the scope of the audit. Council requested the City Manager to furnish a list of delinquent accounts receivable.
LEGISLATIVE & FINANCE REPORT
Chairman Hayes of the Legislative and Finance Committee reported that the Committee was not yet ready to make a recommendation for appointment of a firm to act as Financial Advisor on Sewer and Water Revenue bonds.
SANTA BOOTH
On motion of Mr. Hayes, seconded by Mr. Hill, Council authorized the Chamber of Commerce to locate the Santa Claus booth on The Plaza near the Bank of Delaware.
ROBBINS HOSE COMPANY NOMINATIONS
The Robbins Hose Company reported that the following were nominated for Fire Chiefs of the Company:
Chief Jack T. Roe
Deputy Chief William T. James
1st Assistant Wilson Comegys
2nd Assistant Robert Quillen
3rd Assistant Donald Hodge, and
Robert Faries
As there is a contest for one position, it will be necessary to hold an election at the Robbins Hose Company from 7 to 9 P.M. on November 19, 1962. Councilmen Turner, Holpp and Mowlds were named as the committee to conduct the election.
OPEN HOUSE
On motion of Mr. Mowlds, seconded by Mr. Zartman, Council approved open house being held at McKee Run Generating Plant on Saturday November 24, 1962 from 1 to 6 P.M. and on Sunday, November 25, 1962 from 1 to 5 P.M.
CITY MANAGER REPORT
Report of the City Manager for October was accepted.
CLEMINSHAW APPRAISAL
On motion of Mr. Hayes, seconded by Mr. Hill, Council authorized the J. M. Cleminshaw Co. to appraise all properties included in the recently annexed areas south and west of the City at a cost of $1200.
UTILITY COMMITTEE
Report of the Utility Committee was presented by Chairman Holpp. Among the recommendations was one that the debt to the City of John Vane, Sackarackin Avenue, for sewer work in the amount of $54, be canceled. The report was accepted by Council.
AMEND ZONING ORDINANCE
Mr. Nichols, Attorney for General Foods Corporation, requested that Section 4.15 of the Zoning Ordinance be amended to change the building height requirement from ‘not more than one half the distance to the nearest lot line’ to ‘not more than the distance to the nearest lot line’, where such restriction supplies to the Industrial Park Manufacturing Zone.
On motion of Mr. Hughes, seconded by Mr. Mowlds, 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 of the City of Dover to amend the zoning ordinance to change the permitted building height in the Industrial Park Manufacturing Zone.
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 on Monday, December 10, 1962 at 8:00 P.M. for the purpose of considering the following proposed amendment to the Zoning Ordinance of The City of Dover.
2. That the Building Height requirement in the IPM Zone under Section 4.15, Article IV be changed from “not more than one-half distance to the nearest lot line.” to “not more than the distance to the nearest lot line”.
3. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted November 12, 1962.
Council adjourned at 11:15 P.M.
F. Neylan
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of November 12, 1962 are hereby approved.
November 15, 1962 Crawford J. Carroll Mayor
City Council, meeting as the LPA for Urban Renewal, convened at City Hall at 11:15 P.M., Monday, November 12, 1962, with Mayor Carroll presiding and all members of present.
On motion of Mr. Hayes, seconded by Mr. Zartman, Council as the LPA terminated the services of Myron Lamb as Director of Urban Redevelopment.
Council, as the LPA, adjourned at 11:20 P.M.
F. P. Neylan
City Clerk