REGULAR MEETING
October 22, 1962
The regular meeting of City Council was held Monday, October 22, 1962 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Hayes, Hill, Holpp, Hughes, Mowlds, Turner, Walls and Zartman.
MINUTES
Minutes of the meeting of October 8, 1962 were accepted and bore the written approval of Mayor Carroll.
HINKLE BUILDING
City Solicitor Buckson reported that purchase of the Hinkle building at State and North Streets had not yet been completed. He gave his opinion that het City had the right to purchase the property as long as it was to be used for a public purpose, such as a street right-of-way, and had the further right to rent the building until the property was put to the use intended.
OPEN HOUSE
Plans had not yet been completed for an open house at the new power plant, but James Somerville reported they were being prepared with the idea of holding the affair some time before Thanksgiving. Council decided that the preferred days of the week for holding the affair would be Saturday and Sunday.
CURB HEARING
On motion of Mr. Walls, seconded by Mr. Zartman, Council by unanimous vote adopted the following Resolution providing for a public hearing to be held on November 12, 1962 on the matter of installing curb and gutter on Legislative Avenue extended and assessing the cost thereof to property owners.
A RESOLUTION PROVIDING FOR A PUBLIC HEARING TO CONSIDER THE QUESTION OF INSTALLING CONCRETE CURB AND GUTTER ON A PORTION OF LEGISLATIVE AVENUE AND ASSESSING THE COST THEREOF TO PROPERTY OWNERS
WHEREAS, the Mayor and Council of The City of Dover are considering the installation of concrete curbs and gutters on both sides of legislative Avenue, extended, between Loockerman Street and the north line of lands of The City of Dover and the Dover Hotel Corporation, and
WHEREAS, in order to comply with the provisions of the Charter of The City of Dover it is necessary to hold a public hearing at a time and place to be duly published,
NOW, THEREFORE, BE IT RESOLVED By The Mayor and Council of The City of Dover in Council Met:
1. That the Council of The City of Dover will hold a public hearing in City Hall at 8:15 P.M. on November 12, 1962 to consider the installation of concrete curbs and gutters on both sides of Legislative Avenue in front of the properties of the following-named owners:
Dover Hotel Corporation
The City of Dover
2. The above property owners and other residents of The City of Dover will be heard at the meeting in accordance with the Charter of The City of Dover as to the installation of curbs and gutters on Legislative Avenue.
Adopted October 22, 1962.
EASTERN STATES COOPERATIVE
City Solicitor Buckson explained to Council the situation in relation to the operation of a corn dryer at the Eastern States Cooperative. The corn dryer was erected without a building permit and does not meet the setback requirements of the zoning ordinance. Warrants have been issued for the arrest of the agent of the Cooperative for these violations. These violations can be corrected but it is unlikely that the operation of the corn dryer can be prevented under the zoning ordinance. The State Air Pollution Commission has not approved the operation of the corn dryer nor the steps taken so far to correct its faults. The City Council could find the operation of the corn dryer to be a nuisance and seek to enjoin its operation in the Court of Chancery. However, Mr. Buckson, stated that Herman Brown, Attorney for the cooperative had a proposal to make which might eventually result in the removal of the corn dryer entirely. Herman Brown explained that his client was willing to cooperate with the City and with property owners in the neighborhood to make the operation of the corn dryer as least offensive as possible. He admitted the violation of the zoning ordinance because of the lack of a building permit but claimed this could be corrected and the operation could continue. He read a telegram received from an official of the Cooperative which offered in effect to remove the corn dryer from the site if the City would permit the Cooperative to fulfil its obligations to its growers for the balance of this season without further prosecution. The growers under contract have until March 3, 1963 to turn in their corn. It is expected that most will be turned in within the next six weeks. The amount of corn to be processed is approximately 23,000 bushels, although the growers have the option of substituting soy beans which do not require drying. Mr. Brown stated that the Cooperative is willing to agree to operate only within certain hours of the day. Questions were asked by members of Council and property owners present. On motion of Mr. Zartman, seconded by Mr. Mowlds, Council directed that the City Solicitor prepare an agreement with Mr. Brown for the Cooperative, and Mr. Messick for the property owners which would outline operating restrictions during the present season and provide for permanent removal of the corn drying operation and drier after March 3, 1963.
ZONING ORDINANCE HEARING
Council is considering a proposed amendment to the Zoning Ordinance which would provide regulations for a new zone known as “Industrial Park Manufacturing Zone”. Due notice of a public hearing to be held this date had been given. Mayor Carroll declared the hearing open. Representatives of General Foods Corporation and Eden Hill Farm, located in the area where the zoning will probably be applied, were present at the hearing. The proposed amendment was read in detail and all were given the opportunity to be heard.
Following the hearing Council considered the adoption of the proposed amendment to the Zoning Ordinance:
On motion of Mr. Turner, seconded by Mr. Holpp, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DOVER AND PROVIDING A NEW ZONE KNOWN AS “INDUSTRIAL PARK MANUFACTURING ZONE”.
WHEREAS, it is deemed in the best interest of proper zoning and planning that all lands now within the limits of the city of dover by annexation or otherwise should be properly zoned, and
WHEREAS, it is deemed in the best interest of proper zoning and planning that provisions be made for an Industrial Park Manufacturing Zone or zones thereby encouraging the future growth of the City of Dover under conditions both beneficial to its inhabitants and industry.
NOW, THEREFORE, Be It Ordained By The Mayor and Council of The City of Dover in Council Met:
That a new section designated “Industrial Park Manufacturing Zone (IPM)” with pertinent subsections thereunder be added to and become part of the Zoning Ordinance of the City of Dover as more particularly hereinafter set forth, and that certain amendments and revisions are hereby made to said zoning ordinance as hereinafter set forth.
(Detailed amendments and revisions are attached hereto and made part of these minutes.)
Passed October 22, 1962.
WESLEY COLLEGE ALLEY
Council discussed the abandonment of an alley north of Cecil Street and adjoining lands of Wesley College. One proposal would make the abandonment contingent on the college acquiring property north of the alley and building, as it plans to do, across the alley by January 1, 1964. Joshua Twilley, Attorney, stated that the College objects to the restriction.
On motion of Mr. Zartman, seconded by Mr. Mowlds, Council adopted the following resolution by vote of 6 to 2, Councilmen Hayes and Turner voting ‘No’.
A RESOLUTION VACATING AND ABANDONING A CERTAIN ALLEY NORTH OF CECIL STREET IN THE CITY OF DOVER.
Be It Resolved By The Council Of The City of Dover In Council Met:
Section 1. The Council of the City of Dover hereby vacates and abandons a certain 10 foot alley north of Cecil Street running west from Bradford Street to an alley running between Cecil Street and Mart Street and adjoining lands of Wesley College.
Section 2. Since no person had been deprived of property by the vacating and abandoning of the aforesaid alley no compensation is awarded.
Adopted October 22, 1962
AUDIT REPORTS
Audit of City accounts for the fiscal year ending June 30, 1962 were presented to Council. Council directed that William Manter, CPA, be requested to appear at its meeting of November 12 to answer any questions on the audit.
LEGISLATIVE & FINANCE
Councilman Hayes reported on a meeting of the Legislative & Finance Committee held October 19. A list of possible capital improvements with estimated costs was presented. Dover is located in an area which is eligible for Federal grants under an Accelerated Public Works Program. Federal representative can be present on Wednesday to explain the program to Council. On motion of Mr. Hayes, seconded by Mr. Walls, Council authorized a special meeting to be held Wednesday, October 24, 1962 at 7:30 P.M. for the purpose of hearing an explanation of the Federal program.
DANGEROUS BUILDING HEARINGS
A hearing has been set for this time on a building at 32 S. Kirkwood Street, declared a dangerous building by the Building Inspector. The owner, George H. Hevalow, had been duly notified. James H. Hughes appeared as the attorney for Hevalow. He stated he had heard of the matter only this afternoon and requested an extension of time. Mr. Roe described the condition of the building. Council found it to be a dangerous building under the terms of the City Ordinance. On motion of Mr. Zartman, seconded by Mr. Hayes, Council granted a 30 day period during which the Building Inspector and Mr. Hughes were to work out an arrangement to repair or demolish the building.
A hearing has been set for this time on a building at 725 Slaughter Street, declared a dangerous building by the Building Inspector. The owner, Herman Berry, had been duly notified. No one appeared at the hearing for the owner. Mr. Roe described the condition of the building. Council found it to be a dangerous building under the terms of the City Ordinance. On motion of Mr. Mowlds, seconded by Mr. Walls, Council directed that the building be repaired or demolished within 30 days.
A hearing had been duly set for this time on a building at 19 N. New Street, declared a dangerous building by the Building Inspector. The owner, Helen M. Cohee, had been duly notified. No one appeared at the hearing for the owner. Mr. Roe reported that he owner had contacted him and has made arrangements to completely repair the building. No further action was taken by Council.
PLANNING COMMISSION
A letter received from the Planning Commission reported that the following actions had been taken:
The request of Dr. Robert Fox to rezone land at the southeast corner of Governors Avenue and South Street from I0 to C-3 had been considered and approval was recommended.
Recommended that the petition of Charles Fountain to rezone land in Edgehill to permit location of a house trailer be denied.
Disapproved the site development plan for an A&P supermarket on U.S. Route 13 as submitted and listed recommended changes.
Approved the site plan for the New Post Office and the Colonial style design.
Deferred action on the site plan for a carriage house on the Keith property on The Plaza.
Approved in principle the location of a YMCA building on City-owned land on Dover Street, but reserved full judgement until more detailed information is available.
TWILLEY CURB
John O. Snyder and Joshua M. Twilley requested to depress the curb in the rear of 26 The Green for entrance to a parking lot. The Police Department has no objection. On motion of Mr. Hayes, seconded by Mr. Hill, the request was granted.
MAYORS ASSOCIATION MEETING
The Mayor and members of Council received an invitation to attend a meeting of the Mayors Association with the wives which included field trips, dinner and business meeting, to be held Sunday, October 28 at a cost of $5.00 per person. Those who plan to attend will inform the City Clerk.
WESLEY GARAGE
Wesley College requested permission to move a garage from its main campus to its athletic field where it will be rebuilt and used to store football equipment. The arrangement will be temporary until a field house is constructed. On motion of Mr. Mowlds, seconded by Mr. Holpp, Council approved the request with the provision that approval is for a period of 5 years, only.
UTILITY REPORT
Councilman Holpp reported on a meeting of the Utility Committee held October 19 and stated that the City Manager was in Baltimore conferring with Mr. Lewin, an attorney, on the possibility of his representing the City in the arbitration proceedings with the Kuljian Corporation.
ZONING MAP HEARINGS
On motion of Mr. Mowlds, seconded by Mr. Hayes, Council adopted the following resolution providing for a public hearing on a proposed amendment to the Zoning Map to designate the area west of the railroad and south of the Hazlettville Road as Industrial Park Manufacturing Zone.
RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH PROVISIONS OF THE DELAWARE CODE.
WHEREAS, a Resolution was recently adopted by the Mayor and Council of The City of Dover annexing lands west and south of the old boundaries of The City of Dover, 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.
NOW, THEREFORE, BE IT RESOLVED By The Mayor and Council of The City of Dover:
That the zoning ordinance and the zoning map be amended as hereinafter set forth and that a public hearing on the proposed change be held on the 12th day of November, 1962 at City Hall at 8:30 P.M. and that notice thereof be given in accordance with the provisions the Delaware Code.
1. That all lands now located within the limits of The City of Dover west of the railroad and south of the Hazlettville Road shall be zoned as an Industrial Park Manufacturing Zone (IPM), and
2. That the zoning map of the City of Dover be amended and modified so as to provide for the change of the zoning area.
Adopted October 22, 1962.
Mr. Robert Fox requested that the zoning designation on a plot of land on the southeast corner of Governors Avenue and South Street be changed from I0 to C-3. The request was referred to the Planning Commission who reported no objection to the change.
On motion of Mr. Mowlds, seconded by Mr. Walls, Council by unanimous vote adopted the following Resolution providing for a public hearing to consider the proposed change in zoning designation:
RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP AND DIRECTIONS THA TNOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located on the southeast corner of South Governors Avenue and South Street are zoned for Institutional and Office Use, I0, and
WHEREAS, a request was submitted to change the designated use from I0 to Service Commercial Zone, C-3.
NOW, THEREFORE, BE IT RESOLVED By The Mayor and Council of The City of Dover:
That a public hearing be held on the 12th day of November 1962, at City Hall at 8:45 P.M. on the following proposed amendment to the zoning ordinance and zoning map, and that notice of the hearing be given in accordance with the provision of the Delaware Code:
1. That lands now located on the southeast corner of South Governors Avenue and South Street comprising 269 feet south of Governors Avenue from South Street and 205 feet east on South Street from Governors Avenue shall be rezoned C-3, and
2. That the zoning map be amended to reflect the change in the zoning area.
Adopted October 22, 1962.
Council adjourned at 10:45 P.M.
F. Neylan
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of October 22, 1962 are hereby approved.
October 24, 1962 Crawford J. Carroll Mayor