REGULAR MEETING
July 23, 1962
The regular meeting of City Council was held Monday, July 23, 1962 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Hayes, Hill, Holpp, Hughes, Mowlds, Turner and Walls.
The invocation was said by the Rev. Leon Hinson of pilgrim Holiness Church.
MINUTES
Minutes of the meeting of July 9, 1962 were accepted with the correction that Mayor Carroll presided, and bore the written approval of Mayor Carroll.
ANNEXATION PROTEST
John Snyder, Attorney, appeared on behalf of members of the Richardson family to protest inclusion of an area together with areas west and south of Dover. He stated that the area did not adjoin others included in the referendum and the residents and property owners of the north area could be voted area could be voted in or out of the City by the voters in the other areas. City Solicitor Buckson explained that the north area was in the same Kent County representative district as other areas included in the referendum and the intent of the City was to bring within the City limits the City-owned power plant and Silver Lake making them more easily subject to City regulation. The other properties are between the plant, the Lake and the present City line. It is not possible to change the boundaries on the published date, August 11.
HEARING OF ZONING ORDINANCE AMENDMENT
Mayor Carroll declared the hearing open on a proposed amendment to the Zoning Ordinance, notice of which was duly published in accordance with the provisions of the Delaware Code. No one was present to speak for or against the proposed amendment. The amendment would zone a certain area on the former Mifflin farm on which it is proposed to erect public housing, as RG-1 zone, and all unzoned land now within the City to annexed to the City in the future would be zoned R-20 or Agricultural, and the uses permitted in the latter are defined. The amendment in effect would afford zoning protection to all areas formerly unzoned which might be brought into the City, until the Zoning and Planning Commissions, and City Council could finally decide what the proper zoning should be.
On motion of Mr. Hughes, seconded by Mr. Hayes, Council by unanimous vote passed the following amendment to the Zoning Ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DOVER AND ADDING THE SECTIONS REFERRED TO HEREIN.
WHEREAS, lands presently annexed to the City of Dover have not been zoned, and
WHEREAS, lands hereinafter annexed to the City of Dover will not be zoned at the time of annexation, and
WHEREAS, it is deemed in the best interest of proper zoning and planning the all lands now within the limits of the City of Dover or hereinafter incorporated within the limits of the City of Dover by annexation or otherwise, should be zoned.
Be It Ordained By The Mayor and Council of The City of Dover in Council Met:
Section 1. That lands more particularly described by Exhibit “A” attached hereto shall be zoned RG-1.
Section 2. That Article II entitled: “Zoning Ordinance and Zoning Map” be amended by adding thereto a new section designated Section 2.5 entitled “Unzoned Land” and that sub-sections thereof read as follows:
2.51 All land now incorporated within the limits of the City of Dover and any and all land hereafter incorporated within the limits of the City of Dover, whether by annexation or otherwise, shall be zoned R-20, effective upon said lands being included within the limits of the City of Dover, and provided, however, that all unzoned lands being used for agricultural purposes at the time of said lands being included within the limits of the City of Dover shall be zoned “Agricultural”.
Section 3. Amend Article II Section 2.2 entitled “Zoning Map” by inserting at the beginning of the first sentence of said section the following: “Except as provided in Section 2.5" whereby the new section 2.2 will read as follows: “Except as provided in Section 2.5 the boundaries of the said zones are hereby established as shown on the “Zoning Map, City of Dover”, dated November 27, 1961, as amended, which accompanies, and which with all explanatory matter thereon, is hereby adopted and made a part of this ordinance. Said map, indicating the latest amendments, shall be kept up to date in the Office of the Building Inspector for the use and benefit of the public.”
Section 4. That Article III entitled “Use Regulations” be amended by adding thereto a new section designated as Section 3.01, entitled “Agricultural Zone”.
3.01. AGRICULTURAL ZONE USES PERMITTED
3.011. Farming in all its branches, including the erection or alteration of the usual accessory farm buildings, incident to agriculture and animal husbandry
3.012. Marketing or processing of farm products, where such use is accessory and incidental to the raising of said products.
Passed July 23, 1962.
EFFECT OF ZONING ON NEWLY ANNEXED AREAS
Owners of trailer parks and other installations in areas which are propose for annexation to the City of Dover asked what the effect of City Zoning regulations would be on their activities if annexation is approved. City Solicitor Buckson pointed out that annexed areas would have the benefit of immediate zoning protection but that City Council would have time, thru due process, to rezone any such areas and to permit the continuation of present uses. Our present Zoning Ordinance sets time limits within which certain nonconforming uses must be discontinued. Solicitor Buckson stated it would be necessary to consider each such use separately and that he did not believe zoning provisions generally prohibiting already established nonconforming uses would be supported by the courts.
GENERAL FOODS
Messrs Estrada and Courtney of Albright & Friel appeared before City Council to explain the sewer and sewage treatment problems connected with the proposed General Foods plant. They still had not obtained a firm estimate of the sewage treatment load. They believed they could come up with a principle on which sewer charges could be based but felt the final charge could not be determined until actual bids were obtained on needed improvements. On motion of Mr. Holpp, seconded by Mr. Turner, the firm of Albright & Friel were asked to determine the cost of supplying the sewer and water requirements of General Foods and to recommend rates to be charged.
Mayor Carroll reported that representatives of the City and of the State Air Pollution Commission were invited to inspect a General Foods plant at Dorchester, Massachusetts this week. The trip will be made by Councilman Holpp, Harry Camper of the Air Pollution Commission, Henry Roscoe fo the Zoning Commission, and Ralph Tischer of the Planning Commission.
On motion of Mr. Hayes, seconded by Mr. Holpp, the recommendations of General Foods on establishment of Industrial Park zoning requirements were referred to the Planning Commission.
CODE ENFORCEMENT
On motion of Mr. Hill, seconded by Mr. Hayes, Council directed that City officials proceed to enforce all City codes relating to hazardous and substandard buildings and homes within the City with the assurance that Council will support their actions.
SILVER LAKE ORDINANCE
On motion of Mr. Mowlds, seconded by Mr. Hughes, Council by vote of 6 to 1 passed the following ordinance: Mr. Hill voted ‘No’.
AN ORDINANCE REGULATING SWIMMING, BOATING, SKIING, FISHING, THE USE OF SILVER LAKE AND THE PARK AND RECREATION AREAS OF THE CITY OF DOVER.
Be It Ordained By The Council Of The City Of Dover In Council Met:
A. Definitions
1. For the purpose of this Ordinance, the term recreation area shall be deemed to include all of the area known as Silver Lake and all of the real property adjacent thereto owned by the City of Dover and all that real property under the control of the Park and Recreation Committee.
B. General Provisions
1. The possession of alcoholic beverages within the area described in Section A whether in open or unopen containers shall be prohibited.
2. Glassware of any description whatsoever shall not be brought into the recreation or park areas.
3. Except as hereinafter provided, recreation areas shall be open from 8:00 A.M. to one hour after sundown.
4. No person shall in any way or for any purpose whatsoever molest or otherwise disturb wildlife within the lake area.
C. Swimming
1. No person shall swim within the lake area except within the confines of such swimming beaches as are designated by buoys and floats and under lifeguard supervision.
2. Swimming to and from boats, boat docks, beaches and dams, as well as diving therefrom is prohibited.
D. Fishing
1. Fishing within the lake area shall be done according to the rules and regulations promulgated by the Game and Fish Commission of the State of Delaware.
E. Boating
1. Before any person, firm or corporation shall engage in boating upon the said lake, said person, firm or corporation shall obtain from the Dover Police Department a permit. Said boat or boats owned by any person, firm or corporation shall be registered in the name of the owner with the Police Department at the time of the application for a permit, and thereafter said owner shall be responsible for the operation of said boat on Silver Lake and shall be responsible for the compliance with the terms of this ordinance whether or not said owner is the operator of said boat.
a. For each permit issued as aforesaid, the Dover Police Department shall collect one ($1.00) Dollar if the permit be requested for a private boat, and Five ($5.00) Dollars if the permit be requested by a dealer intending to demonstrate a boat upon the said lake.
2. No person, firm or corporation shall operate a boat upon the aforesaid lake propelled by more than one outboard motor nor a boat in excess of eighteen (18) feet.
3. No person, firm or corporation shall operate a boat upon the aforesaid lake propelled by an inboard motor, which boat is in excess of sixteen (16) feet.
4. Every boat operated on the aforesaid lake shall display upon its hull the name and number of the permit so that the same can be clearly seen.
5. Every boat operated upon the aforesaid lake shall be equipped with at least one life saver per passenger.
6. All boats traversing the said lake shall do so in a counter-clockwise manner.
7. The rules regarding the overtaking and passing or meeting and passing of automobiles within the State of Delaware shall apply to boats upon the said lake.
8. In passing under the Silver Lake Bridge, all boats shall use the arch to its right and not boat at any time shall use the center arch.
9. No boat shall operate less than seventy-five (75) feet from any shore line, pier or dock except when launching and landing, nor shall any boat operate closer to Silver Lake Bridge than seventy-five (75) feet except when said boat is intending to pass under said bridge.
10. Boat racing is prohibited except upon the northerly portion of the said lake West of the Silver Lake Bridge.
11. Sailboats, rowboats, canoes, and other boats not mechanically propelled shall have the right of way over those which are so mechanically propelled and must at all times be cleared by boats operating under power by a minimum of fifty (50) feet.
12. At no time shall any boat be operated within any designated swimming area.
13. During funeral services at the adjacent cemetery, a red flag shall be displayed by the caretaker of the cemetery, all boats shall operate upon the said lake at a speed of five (5) miles per hour or less during time flag is raised.
14. All boats which are mechanically propelled must maintain at all times as a part of their equipment a standard manufacturer’s muffler of the type of engine used.
F. Water Skiing
1. Water Skiers shall embark and debark only at the posted area.
2. No person shall engage in water skiing within twenty-five (25) feet of any shore line or within fifty (50) feet of any designated swimming area.
3. The use of ski ramps or other devices and the practice of what is commonly known as “stunt skiing” shall be confined to the area approved by the Parks and Recreation Committee.
4. No boat shall be authorized to pull more than two skiers at any one time.
5. As of such time as a boat is engaged in pulling skiers a second person shall be in the boat and whose duty it shall be to observe the skiers and notify the driver of the boat if the skiers should at any time be injured or in need of assistance.
6. No person shall water ski upon Silver Lake unless they are wearing a life jacket or some other form of flotation gear.
7. No person operating the boat while skiers are in the water shall do so without wearing a life jacket or some other form of flotation gear.
G. The Parks and Recreation committee may adopt and enforce such rules and regulations relative to the use of the above described areas as they shall deem necessary.
H. Penalties
1. Any person, firm or corporation who shall violate any section or subsection of this Ordinance shall immediately upon notice from the Dover Police Department surrender to the said Police Department any permit granted to him under the provisions of this Ordinance and shall not be entitled to the issuance of another permit until the first day of March following the said surrender, and/or any person, form or corporation who shall violate any section or subsection of this Ordinance shall be fined not less than Fifty ($50.00) Dollars nor more than One Hundred ($100.00) Dollars, and in the default of payment of said fine shall be imprisoned for not more than thirty (30) days.
Passed July 23, 1962
RAYMOND & MAY
A letter from the Dover Planning Commission requested Council to authorize extension of its present contract with Raymond & May, Planning Consultants to include the months of July and August, 1962. On motion of Mr. Turner, seconded by Mr. Holpp, the extension was approved by vote of 4 to 2. Messrs Hill and Hughes voted ‘No’. Mr. Hayes was absent.
Council adjourned at 9:30 P.M.
F. Neylan
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of July 23, 1962 are hereby approved.
July 26, 1962 Crawford J. Carroll Mayor