REGULAR MEETING
April 24, 1967
The regular meeting of City Council was held Monday, April 24, 1967 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Harris, Hastings, Hayes, Holpp, Hughes, Jackson and Smith.
The invocation was said by Rev. Archie McGilvray of the Faith Community Church.
MINUTES
The minutes of the meeting of April 10, 1967 were approved by Council, and bore the written approval of Mayor Carroll.
J. P. COURT #7
Report of the J. P. Court #7 for the month of March was accepted. A check in the amount of $2,421.00 was remitted to the City.
COUNCIL MEETING OF MAY 8, 1967
On motion of Mr. Smith, seconded by Mr. Biggs, Council authorized the dispensing of the regular Council Meeting of May 8, 1967 in conjunction with the 250th Anniversary Celebration.
ZONING CHANGE
A request for a rezoning has been received by Council to change the zoning on a trat of land located within the City of Dover bounded on the South by Webbs Lane, on the north by New Burton Road, on the east by the present C-1 zone and Mayfair, and on the west by the present R-20 zone which is east of Garton Road. All the zoning in this area is presently R-20 and is requested that approximately 5.96 acres be rezoned to RG-2. A public hearing is required prior to any change in the zoning ordinance and zoning map. On motion of Mr. Smith, seconded by Mr. Holpp, Council adopted the following resolution and referred the request to the Planning Commission.
RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP AND DIRECTING THAT A NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands bounded on the south by Webbs Lane, on the north by New Burton Road, on the east by the present C-1 zone and Mayfair, and on the west by the present R-20 zone, which is east of Garton Road, is presently zoned for R-20 zone use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning ordinance and zoning map,
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 at 8:00 P.M. on May 22, 1967 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-20 to R-8 and RG-2 use the area bounded on the south by Webbs Lane, on the north by New Burton Road, on the east by the present C-1 zone and Mayfair, and on the west by the present R-20 zone which is east of Garton Road.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted April 24, 1967
H. B. 102
A bill was recently introduced in the House of Representatives of the General Assembly entitled ‘House Bill No. 102', and Act to provide for the Continuation of electric service in certain areas in the State of Delaware. This bill would restrict the right of the municipalities in the State of Delaware to license or franchise public utilities within their boundaries and to regulate the use of public lands and thoroughfares. The Mayor requested that the City of Dover go on record as being opposed to this bill. On motion of Mr. Hastings, seconded by Mr. Holpp, Council authorized the Mayor to send a letter to all Representatives and Senators of the State Legislature stating the City of Dover’s objection to H. B. 102 in conjunction with the objections of the Delaware League of Local Governments on the same bill.
CLEAN UP - FIX UP RESOLUTION
On motion of Mr. Hayes, seconded by Mr. Buggs, Council by unanimous vote adopted the following resolution concerning the 250th Celebration.
RESOLUTION PERTAINING TO THE 250TH ANNIVERSARY CELEBRATION
WHEREAS, the City of Dover is observing the 250th Anniversary of it founding, and
WHEREAS, the formal festivities will be held from May 6, 1967 through May 13, 1967, by the celebration of Doverama, and
WHEREAS, thousands of visitors will be in th City of Dover to take part in the celebration including State, National and Foreign dignitaries,
NOW, THEREFORE, IT IS HEREBY RESOLVED AND ENACTED THAT:
1. All of the citizens of the City of Dover are requested to actively participate in preparing the City of Dover to receive these visitors by cleaning up and fixing up their respective lawns and properties, and
2. Requested to make an extra effort to help beautify the City of Dover for this special occasion.
Adopted April 24, 1967
MAYOR’S PROCLAMATION
On a unanimous vote of Council, the Mayor was authorized to issue a proclamation in accordance with the resolution passed this evening by Council concerning the 250th Celebration. This proclamation would request the citizens to beautify the City of Dover for the upcoming celebration.
APA REQUEST
A letter was received from the Agency for the Performing Arts, Inc. of Chicago Illinois, stating the Guy Lombardo and his Nationally Famous Orchestra would be in the Dover area on Saturday, June 10, 1967. They would like to arrange to have an organization sponsor Mr. Lombardo’s appearance. The Mayor requested that if any organization or club were interested, information could be gotten at City Hall to contact the APA in Chicago.
KEITH ANNEXATION REQUEST
A letter was received from Mr. Ernest V. Keith requesting consideration of the Council concerning annexation of a piece of property recently purchased from Mr. G. Lacy Griffith and wife, which borders on Silver Lake. They have made improvements and alterations to this property for the purpose of opening a restaurant. In order to comply with certain State regulations it is of the paramount importance and necessity that this particular piece of land be annexed to the City of Dover, according to Mr. Keith. On motion of Mr. Hayes, seconded by Mr. Biggs, Council adopted the following resolution; with on descending vote, Mr. Harris:
RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN SAID AREA
WHEREAS, a recent Amendment to the Charter of the City of Dover, authorized the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area located adjacent to Silver Lake as hereinafter more particularly described within the limits of the City of Dover.
NOW THEREFORE BE IT RESOLVED:
1. That the following described areas situated in East Dover Hundred, Kent County Delaware, as more particularly bounded and described herein be annexed to the City of Dover:
(a) All that certain tract, piece or parcel of land lying and being situate in East Dover Hundred, Kent County and State of Delaware, near the northerly limits of the City of Dover, and being bounded on the east by formerly known U.S. Route 13 now North State Street Extended, and on the north by lands formerly of G. Leslie Gooden, now or late of Ralph E. Longabach and wife, and by the high water mark of Silver Lake on the west and south by the high water mark of Silver Lake, being more particularly described as follows, to wit:
(b) BEGINNING at a point in the westerly right-of-way line of said former U.S. Route 13 now North State Street Extended, said point being a corner for these land and lands formerly of G. Leslie Gooden, now or late of Ralph E. Longabach and wife; thence with said westerly right-of-way line of said formerly U.S. Route 13, now North State Street Extended, South 9 deg. 56 min. West Four hundred fifty-eight and fifty one-hundredths feet (458.50) to a point opposite the high water mark at Silver Lake; thence following the various wanderings and meanderings of the high water mark of the said Silver Lake first in a westerly direction and secondly in a northerly direction so as to reach a beach tree a corner for these lands and lands formerly of the said G. Leslie Gooden, now or late of Ralph E. Longabach and wife; thence with the line of lands formerly of G. Leslie Gooden, now or late of Ralph E. Lonabach and wife, North 57 deg. 26 min. east Eighty-three (83) feet home to the place of beginning, and containing 2.43 acres of land, be the same more or less.
2. That an election be held on the 27th day of May A.D. 1967 commencing at the hour of 1:00 P.M. at City Hall on the Plaza in the City of Dover, Delaware, for the purpose of submitting the question of annexation of the above area to the persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this Resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the date of said election.
Adopted April 24, 1967
CITIZENS ADVISORY COMMITTEE
In conjunction with the Workable Program that was recently adopted by the Council, a Citizens Advisory Committee consisting of at least five members was to be appointed by the Mayor. On motion of Mr. Hayes, seconded by Mr. Biggs, Council accepted the following appointments and terms of office as suggested by the Mayor.
Francis P. Neylan, Chairman 2 year term
William J. Laws 2 year term
Mrs. O. J. Pollock 2 year term
John A. Hartnett, III 1 year term
Dr. J. R. Williamson 1 year term
G. G.’S
Eight (8) letters were received from residents of the South Bradford Street area of the 900 block complaining of noise that originates from G. G.’s nitely. This is a Cocktail Lounge that is located in the 900 block of South Governors Avenue, from which the noise made by the entertainers employed by the owner, Mr. Rhodes, is disturbing the residents that have written these letters of complaint. Mr. Buckson, City Solicitor, stated that this problem had been presented to him as City Solicitor, from occurrences in other areas of Dover in the past. If the business is within the City Limits and is conducted in accordance with the Zoning Ordinances of the City of Dover, this is a prime concern of the Council. Mr. Buckson further stated, that being the noise in confined to a very small area of Dover, this would come under a Private Nuisance rather than a Public Nuisance, which would be the concern of Council. He felt the main recourse for these residents would be in a court of law. Mayor Carroll stated that he felt that in the future some consideration might be considered in regard to sound-proofing these types of places of business in connection with the issuance of building permits. Mr. Charles D. Donovan, one of the complaintants, stated that Mr. Rhodes had been contacted and no satisfaction was realized by the residents. He also said that the Police Department had been out there a couple of times and talked to Mr. Rhodes. On motion of Mr. Harris, seconded by Mr. Hastings, Council directed the Chief of Police to conduct a study and survey to determine the extent of the problems and at the same time give official notification to Mr. Rhodes of the complaints that have been received at this time. The Chief of Police will report back to Council at a later date on his findings.
REZONING J. G. SMITH PROPERTY
A request has been presented to Council to rezone from C-4 to RG-2 the area located approximately 200 feet north of White Oak Road and east of a proposed extension of North Halsey Road. The request has been duly advertised for a public hearing at this date and time. Mayor Carroll declared the hearing opened. Mr. J. G. Smith spoke as the owner of this property requesting Council approve this request so they may start on the construction of the proposed apartments. There was no one present to object to the rezoning. The report of the Planning Commission was that the request be approved. Mayor Carroll closed the hearing. On motion of Mr. Holpp, seconded by Mr. Smith, Council by unanimous vote passed the following ordinance:
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING ZONING DESIGNATION OF THE AREA LOCATED APPROXIMATELY 200 FEET NORTH OF WHITE OAK ROAD AND EAST OF A PROPOSED EXTENSION OF NORTH HALSEY ROAD, FROM C-4 TO RG-2 USE.
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 in the best interest of zoning and planning to change the permitted use from C-4 to RG-2 in the area described below
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER MET:
1. From and after the passage and approval of this ordinance, the Zoning Map and Zoning Ordinance of the City of Dover shall be amended by changing the zoning designation from C-4 to RG-2 use of the area located approximately 200 feet north of White Oak Road and east of a proposed extension of North Halsey Road.
Passed April 24, 1967
REZONING DANNER FARM
A request was presented to Council to rezone from R-20 to I0 the property located on U.S. Route 113, known as the Danner Farm, which is owned by the State Highway Department. The request was duly advertised for a public hearing at this date and time. Mayor Carroll opened the hearing. No one was present to speak for or against the rezoning. The report of the Planning Commission was that they recommended approval. Mayor Carroll closed the hearing. On motion of Mr. Hastings, seconded by Mr. Biggs, Council by unanimous vote passed the following ordinance:
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING ZONING DESIGNATION OF THE PROPERTY LOCATED ON U.S. ROUTE 113, KNOWN AS THE DANNER FARM, WHICH IS OWNED BY THE STATE HIGHWAY DEPARTMENT FROM R-20 TO I0 USE.
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 in the best interest of zoning and planning to change the permitted use from R-20 to I0 in the area described below
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. From and after the passage and approval of this ordinance, the Zoning Map and Zoning Ordinance of the City of Dover shall be amended by changing the zoning designation from R-20 to I0 use the area of land located on U.S. Route 113, known as the Danner Farm, which is owned by the State Highway Department.
Passed April 24, 1967
250TH DIRECTIONAL SIGNS
Mr. Eugene Koch of the 250th Anniversary Committee was present and requested of Council permission to place directional signs along the main routes of the streets of Dover during the 250th celebration to help the many visitors expected to be here in finding their way around the town. On motion of Mr. Smith, seconded by Mr. Holpp, Council authorized the City to put up these directional signs which will be furnished by the 250th Anniversary Committee.
TRUCK PARKING
Councilman Smith stated that he had been contacted by a couple of residents in the area of North Bradford and Mary Streets about a truck that parks on Mary Street beyond the two hour parking limits set against large trucks of this size. In parking this truck on Mary Street over a weekend, the foreign substance that was hauled in the body of the truck leaks out and spills over the street. Mr. Smith requested that Council take some action concerning this matter. There is now an ordinance on the books prohibiting trucks from parking on the streets of Dover for over a two hour period. Chief of Police Turner and City Solicitor Buckson both stated that in order to enforce this ordinance signs would have to be posted on the streets in question concerning any complaint. On motion of Mr. Smith, seconded by Mr. Hayes, Council authorized the Chief of Police to post Two Houring Parking Limit signs for trucks on Mary Street between State Street and Governors Avenue, on Bradford Street between Clara and Williams Streets and on Water Street between State Street and Governors Avenue.
PREPARATION OF VEHICLE DISCHARGE ORDINANCE
On motion of Mr. Smith, seconded by Mr. Hayes, Council directed the City Solicitor to prepare an ordinance prohibiting discharge of foreign substances from vehicles parked on the streets within the Limits of the City of Dover.
PUBLICATION OF ELECTRIC RATES
Councilman Harris requested of Council that they consider the publication of the electric rates that are available to the users of the City of Dover Electric System. He stated that the majority of Utility Companies either print their rates schedule on the monthly bill or sent out periodical literature on present rates and/or rate changes. He felt that this is something that the City should also do, in view of the fact that the City is now trying to push Electric Heat. On motion of Mr. Harris, seconded by Mr. Hughes, Council by unanimous vote directed the City Manager to print electric rate schedules paying particular attention to the Electric Heating Rate, and send a copy to every user of the City of Dover’s Electric System.
Council adjourned at 8:45 P.M.
Jay R. Dougherty
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of April 24, 1967 are hereby approved.
April 25, 1967 Crawford J. Carroll Mayor