SPECIAL MEETING
December 17, 1962
A special meeting of City Council was held Monday, December 17, 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. G. P. Mellick Bellshaw of Christ Chruch.
MINUTES
Minutes of the meeting of December 10, 1962 were accepted as read and bore the written approval of Mayor Carroll.
SEWER RATE
On motion of Mr. Turner, seconded by Mr. Hayes, Council by unanimous vote directed that the minimum sewer rent charged to users outside the City limits shall be $36.00 per year, effective with billings after January 1, 1963.
ZONED REFERENDUM
Council considered the adoption of a formal resolution providing for a referendum election to be held January 21, 1963 on the question of issuing $2,500,000 of general obligation bonds for sewer, water and storm sewer improvements. On motion of Mr. Hayes, seconded by Mr. Zartman, Councilman Hughes was named as Judge of the election. On motion of Mr. Hill, seconded by Mr. Turner, Councilmen Hayes and Walls were named as Clerks of the Election. Council also decided that notice of the referendum should be published in the Delaware State News and in the News-Journal papers.
Councilman Mowlds moved for the adoption of the following Resolution:
WHEREAS, the Mayor and Council of The City of Dover is authorized by the provisions of Section 50(b) of Chapter 158 of Volume 36 of the Laws of Delaware, as amended by Chapter 112 of Volume 52 of the Laws of Delaware, to borrow on the faith and credit of The City of Dover sums of money for such purposes as may be deemed necessary and proper by the Mayor and Council of said City; and
WHEREAS, the Mayor and Council of The City of Dover hereby deems it necessary and proper to borrow the sums of money hereinafter set forth for the purposes hereinafter set forth, which purposes are consistent with the powers conferred upon the Mayor and Council of The City of Dover, by said Chapter 158 of Volume 36 of the Laws of Delaware, as amended, for the management and maintenance of said City; and
WHEREAS, the issuance of bonds of The City of Dover for said purposes must be approved by a referendum vote of the qualified voters of The City of Dover and the Council desires to make provisions for the calling and holding of a referendum to vote on the issuance of such bonds: NOW, THEREFORE,
BE IT RESOLVED by the Council of The City of Dover as follows:
Section 1. The question of whether the qualified voters of The City of Dover shall approve the issuance of bonds of the total aggregate principal amount of $2,500,000 for the purposes hereinafter set forth, which purposes constitute a general project for the improvement of said City, shall be submitted to the qualified voters of said City at a referendum to be held in said City on the 21st day of January, 1963.
Section 2. Said purposes and the respective portion of the bond issue to be allocated to each said purpose are as follows:
(a) Construction, extension and improvement of sanitary sewers
and sewer plants $1,500,000
(b) Construction, enlargement, improvement and extension of
the water system of the City 500,000
(c) Construction, improvement, enlargement and extension of
storm sewers 500,000
Section 3. The City Clerk of said City is hereby authorized and directed to publish a Notice of Referendum in substantially the following form:
NOTICE OF REFERENDUM
THE CITY OF DOVER, DELAWARE
NOTICE IS HEREBY GIVEN that a referendum will be held in The City of Dover, Delaware, on the 21st day of January, 1963 for the purpose of submitting the question whether the qualified voters of The City of Dover shall approve the issuance of bonds of said City of the aggregate principal amount of $2,500,000 to finance the construction, improvement, enlargement and extension of storm sewers, sanitary sewers and sewer plants and the water system of said City, comprising a general improvement project for said City.
In the event that the qualified voters approve the issuance of said $2,500,000 in bonds will be issued on the faith and credit of The City of Dover, and the proceeds will be used as follows:
(a) For the construction, extension and improvement of sanitary
sewers and sewer plants. $1,500,000
(b) For the construction, enlargement, improvement and extension
of the water system of the City 500,000
(c) For the construction, improvement, enlargement and extension
of storm sewers 500,000
Said referendum will be held in accordance with Section 50(c) of the Charter of The City of Dover, as amended by Chapter 318, Volume 49, Laws of Delaware, and shall be held at the City Hall, Dover, Delaware, between the hours of 2 o’clock, P.M., and 7 o’clock, P.M., Eastern Standard Time.
Randolph Hughes has been appointed Judge and William A. Hayes and Carleton Walls have been appointed Clerks for the purpose of passing upon the qualifications and number of votes of each voter and of conducting the referendum.
At said referendum election every resident and non-resident taxable of the City, of the age of twenty-one years or upwards, who has, by the time of voting, paid all city taxes theretofore assessed to him and/or assessed against the property he owns at the time of the referendum election, shall be entitled to vote and shall have one vote for each dollar, or fractional part of a dollar, of taxes paid by him according to the last city assessment and tax payment records preceding the referendum election. The Judge of the election shall note on the outside of each ballot, before he deposits the ballot in the ballot box, the number of votes to which each voter is entitled, in accordance with City assessment and tax payment records.
At said referendum election voters will be provided with ballots upon which shall be printed “FOR BOND ISSUE” and “AGAINST BOND ISSUE”.
By order of the Mayor and Council of The City of Dover,
Dated:________________
_________________________
City Clerk of the City of Dover
Said notice shall be published once a week for three consecutive weeks in the Delaware State News, being a newspaper published in The City of Dover, and in the News-Journal papers.
Section 4. The polls for said referendum shall be opened and closed at the times and at the place stated in said notice. The respective persons named as Judge and Clerks of Election in said notice are hereby appointed to be such Judge and Clerks and are hereby authorized to pass upon the qualifications and number of votes of each voter and to conduct such referendum.
Section 5. The City Manager is hereby designated to attend the referendum with the last City assessment and tax payment records for the inspection of the election officials, and the City Clerk is hereby authorized and directed to prepare sufficient ballots in the following for use at such referendum:
BALLOT FOR REFERENDUM ON BOND ISSUE
OF THE CITY OF DIVER, DELAWARE
HELD ON JANUARY 21, 1963
INSTRUCTIONS TO VOTERS
(1) Indicate your preference by making a clearly legible mark by pencil or in ink in the square to the left of the words “For Bond Issue” and “Against Bond Issue”; or
(2) Indicate your choice by striking out the alternative to which you are opposed; or
(3) Indicate your choice by marking the appropriate square to the left of the alternative you favor and by striking out the alternative you oppose
* * * * * * * *
Referendum for the issuance of bonds upon the faith and credit of The City of Dover in the maximum principal amount of $2,500,000 for the construction, improvement, enlargement and extension of sanitary sewers and sewer plants, storm sewers and the water system of The City of Dover.
_______
For Bond Issue
_______
_______
Against Bond Issue
_______
Councilman Hayes seconded the motion of and the motion was adopted. Those voting for the motion were Messrs Hayes, Holl, Holpp, Hughes, Mowlds, Turner, Walls and Zartman. No one voted against it.
ZONING ORDINANCE AMENDMENT
A public hearing was duly advertised for this date on a proposed amendment to the Zoning Ordinance, Section 9.22, Variances, which would permit granting a variance for additions to an existing non-conforming use of a more restrictive nature than the permitted use in the zone. Mayor Carroll declared the hearing opened. No one was present to speak for or against the proposed amendment.
On motion of Mr. Hughes, seconded by Mr. Turner, Council by unanimous vote passed the following amendment to the Zoning Ordinance.
AN ORDINANCE AMENDING SECTION 9.22, VARIANCES, OF THE ZONING ORDINANCE OF THE CITY OF DOVER
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
Section 1. From and after the passage and approval of this ordinance, Section 9.22, Variances, of the Zoning Ordinance of the City of Dover, dated November 27, 1961, is amended by addng after the words “other than variances of any use regulations,” the following words: “except a variance permitting addition to or extension of an existing nonconforming use of a more restrictive nature than the conforming use in the area”.
Passed December 17, 1962.
ZONING MAP HEARING
A public hearing was duly advertised for this time and date on proposed changes to the Zoning Map and Zoning Ordinance of the City of Dover which proposed changes in the zoning in recently annexed areas in accordance with a duly published map of such proposed changes. Mayor Carroll declared the hearing opened. A group of property owners in the Edgehill Acres area presented a written petition signed by more than 20% of property owners adjacent of lands of John Hunn Brown, which objected to zoning that land C-4, Highway Commercial. Among other things, they stated that such use would depreciate the value of their residential property. Maurice Hartnett, Attorney, spoke for Mr. Brown and pointed out that uses permitted in the C-4 zone were conditional upon approval of the Planning Commission and that property owners adjoining could express their views before the land was put to any particular use in the C-4 zone. A realtor speaking for Brown stated his opinion that the land was of such great value that its cost for any use but commercial would be prohibitive. George Cripps of the Chamber of Commerce expressed his views. William Hamilton and others spoke for the adjoining property owners, who also objected to the extent of a portion of Mr. Brown’s land already zoned C-4. No citizens appeared to object to proposed zoning of other areas. Several Councilmen expressed their views that a closs of zoning less restrictive than R-8 should be provided for existing areas which already do not conform to the R-8 requirements, such as Edgehill Acres and Morris Estates. City Solicitor Buckson pointed out that the rezoning of any area which was objected to by more than 20% of adjoining property owners would require at least a 3/4 vote of the legislative body.
Councilman Hill, seconded by Councilman Mowlds, moved that the zoning mao of the City of Dover be amended by ordinance to provide for the changes proposed on the illustrated map, with the exception of the Brown property, which would remain R-20. Council approved the following amending to the Zoning Map by unanimous vote.
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DOVER PROVIDING FOR CERTAIN AREAS LOCATED ON EITHER SIDE OF U.S. ROUTE 13 TO BE CHANGED FROM R-20 TO VARIOUS ZONES DEPENDING UPON THE INTENDED USE
WHEREAS, a certain area to the East and South of the former boundaries of The City of Dover was recently annexed and became part of the said City of Dover, and
WHEREAS, Section 2.5 of the zoning ordinance of The City of Dover provides that all lands included in this area should be temporarily zoned as R-20, and
WHEREAS, it is the desire of the Mayor and Council of The City of Dover to amend the Zoning ordinance to provide that the areas designated herein shall be changed from R-20 to other designations as such shall appear herein.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That all that area and tract located East of Dover comprising the developments of Edgehill and Edgehill Acres with the exception of certain lots fronting on U.S. Route 13 shall be changed from R-20 and hereinafter shall be zoned R-8.
2. That all that area of land designated as Playtex Park comprising the plant and adjacent parking area between Kings Highway on the West and North, East Division Street on the South and U.S. Route 13 on the East shall be changed from R-20 to IPM (Industrial Park Manufacturing).
3. All that area located West of U.S. Route 13 between the St. Jones River and the said U.S. Route 13 bounded on the North by East Division Street and bounded on the North by East Division Street and bounded in the South by lands of Garden Court Apartments and The City of Dover, except certain lots fronting on U.S. Route 13 south of East Loockerman Street, shall be changed from R-20 and hereafter shall be zoned R-10.
4. That all that area between U.S. Route 13 and St. Jones River which comprises lands of The City of Dover, Garden Court Apartments and Capital Green Development shall be changed from R-20 and hereafter shall be zoned RG-1.
5. That that parcel of land between U.S. Route 13 and the Bay Road shall be changed from R-20 and hereafter shall be zoned C-4, except as noted in 6, which follows.
6. That that area located east of U.S. Route 13 adjacent to Miller Road shall be changed from R-20 and hereafter shall be zoned R-8.
7. That all that area located South of Lotus Street on both sides of U.S. Route 13 known as Morris Estates #1 and Morris Estates #2, and the east end of Roosevelt Avenue shall be changed from R-20 and shall be rezoned R-8.
8. That that small tract of land east of U.S. Route 13 and south of Roosevelt Avenue shall be changed from R-20 and rezoned C-4.
9. That the areas rezoned and described herein shall be subject to the same rules, regulations and restrictions as are prescribed for areas zoned in like fashion.
Passed December 17, 1962
DECEMBER 24 HOLIDAY
On motion of Mr. Hill, seconded by Mr. Turner, Council directed that City Hall shall be closed on December 24, 1962, which shall be a holiday for employees of the City of Dover.
ZONING ORDINANCE AMENDMENT
On motion of Mr. Hayes, seconded by Mr. Walls, Council requested the Zoning Commission to prepare an amendment to the Zoning Ordinance which would provide for a residential zone, R-7, Areas such as Edgehill and Morris Estates could then be rezoned to a more conforming use than the present R-8.
VOTING MACHINE ORDINANCE
On motion of Mr. Hayes, seconded by Mr. Hill, Council by unanimous vote passed the following ordinance:
AN ORDINANCE PROVIDING FOR THE USE OF VOTING MACHINES IN MUNICIPAL ELECTIONS
WHEREAS, Section 8, subsection F of the Charter of The City of Dover vests in the Council power to adopt an ordinance providing for the use of voting machines in municipal elections, and
WHEREAS, it is deemed in the best interests of municipal elections to utilize voting machines.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER in Council Met:
1. That the voting machines now in the control of the County shall be utilized by the City in conducting the municipal election to be held on January 21, 1963.
2. That the City Manager or his duly authorized agent be empowered to undertake negotiations with the legal representative of the Kent County Board of Election to arrange and provide for such use of said voting machines.
Passed December 17, 1962.
Council adjourned at 12:15 P.M.
F. P. Neylan
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of February 26, 1962 are hereby approved.
December 20, 1962 Crawford J. Carroll Mayor