REGULAR MEETING
October 25, 1965
The Regular Meeting of City Council was held Monday, October 25, 1965 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Harris, Hayes, Holpp, Hughes, Massey, Smith and Walls.
The invocation was said by the Rev. Leonard Taylor.
MINUTES
Minutes of the regular meeting of October 11, 1965 and Special Meeting of October 21, 1965 were accepted and bore the written approval of Mayor Carroll.
WAGES & HOURS
Council accepted a written report of a meeting of the Wages & Hours, Legislative & Finance Committee held October 20, 1965 and submitted by Councilman Hayes. The following recommendations of the committee were approved:
On motion of Mr. Harris, seconded by Mr. Walls, Council approved transfer of all City Housing Funds to the General Fund.
On motion of Mr. Smith, seconded by Mr. Hughes, Council directed that the City Manager cause a physical inventory to be made twice a year at the Warehouse by others than the warehouse manager.
On motion of Mr. Smith, seconded by Mr. Holpp, Council directed that they be supplied with a list of delinquent electric accounts listed as uncollectible for the years ending June, 1965, June, 1964 and June 1963.
On motion of Mr. Hayes, seconded by Mr. Walls, Council directed the City Clerk to obtain an estimate of the cost of a complete audit of City accounts.
On motion of Mr. Hayes, seconded by Mr. Smith, Council directed the City Solicitor to prepare an ordinance covering the installation of parking meters on South Bradford Street, between Minor Street and Reed Street.
On motion of Mr. Harris, seconded by Mr. Hughes, Council approved the establishment of an employees’ credit union and authorized the use of payroll deductions for the purpose.
On motion of Mr. Hughes, seconded by Mr. Walls, Council approved the plan of the City Manager to convert the firing floor of the old incinerator into office space for use of the sewage disposal plant.
CITY ASSESSOR
The newly appointed assessor, William James, was introduced to City Council. On motion of Mr. Hayes, seconded by Mr. Biggs, Mr. James was authorized to purchase needed equipment for his office.
DELINQUENT ACCOUNTS
On motion of Mr. Hayes, seconded by Mr. Walls, Council authorized the City Manager and City Solicitor to take all action necessary to collect delinquent accounts due the City.
AUDIT
On motion of Mr. Hayes, seconded by Mr. Walls, Council accepted the audits of the General Fund and Electric Funds of the City of Dover submitted by William R. Manter, CPA.
BRYAN REZONING
Everett D. Bryan, who recently purchased the property, requested that the property now occupied by Frank Collins at 600 S. State Street, be rezoned from R-10 to RG 0 use. A public hearing is required prior to any change in the zoning ordinance or zoning map.
On motion of Mr. Holpp, seconded by Mr. Smith, Council by unanimous vote adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE FOR 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, now or formerly of Frank Collins located at 600 S. State Street, are presently zoned for R-10 use, and
WHEREAS, a request has been received to change the zone designation from R-10 to RG0 use, and
WHEREAS, a public hearing is required prior to amending the Zoning Ordinance or Zoning Map of the City of Dover,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That a public hearing be held at City Hall at 8:00 P.M. on November 22, 1965 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would change from R-10 to RG0 use those lands now or formerly of Frank F. Collins at 600 S. State Street, being approximately 200' x 220', bounded on the north by South Street, on the East by State Street, on the south by lands of J. Allen Frear Jr. and on the west by lands of the Masonic Hall Corporation.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted October 25, 1965
GIBBS ZONING
A public hearing has been duly advertised for this date on a request by I. Kendall Gibbs to rezone lands owned by him from R-20 use to C-2 and RG-2 use. Mayor Carroll declared the hearing opened. Thomas P. Cullen, 1254 Harrison Drive, presented a petition signed by 86 residents and property owners of the White Oak Farm development located on the north side of the White Oak Road, objecting to the proposed zoning changes. They objected because of the hazard increased traffic generated by commercial and apartment use would create, that there was no need for increased commercial zoning, and that low cost housing would effect the value of their single family homes. Herman Brown, Attorney for I. Kendall Gibbs, noted that before any construction could begin in the event the zoning is approved, the Planning Commission must give their approval of site development, which would require the installation of streets, sidewalks, traffic regulation, and would control the type of structures which would be erected. Mr. Gibbs spoke and said he did not known his neighbors through so little of him. Mr. Nate Cohen stated he held an equity in the area and did not object to the proposed zoning. Mr. Leon Tarburton whose land bounded Gibbs on the east and was outside town limits, state he believed the proposed rezoning would improve the area. The Planning Commission recommended that the commercial zoning be C-1 rather than C-2 and the approval of RG-2 zoning be withheld until more information is available on plans of the owner for the area. The hearing was delayed temporarily until it was determined whether a sufficient number of signers of the petition owned land adjacent to the tract to require a three-fourths vote of Council for approval of any zoning change. All present were given the opportunity to ask and answer questions. It was determined that the objectors to the rezoning were in sufficient number to require a three-fourths vote of Council to change the zoning. Mayor Carroll declared the hearing closed.
Council considered first the proposed commercial zone. On motion of Mr. Smith, seconded by Mr. Holpp, Council by unanimous vote passed the following ordinance changing an area from R-20 to C-1:
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF AN AREA ON WHITE OAK ROAD FROM R-20 TO C-1.
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 C-1 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 C-1 use in an area approximately 270' x 270' fronting on the White Oak Rod beginning at a point approximately 60' east of lands of Roland P. Trader and running southward from the White Oak Road approximately 270'.
Passed October 25, 1965
Mr. Hayes moved that the recommendation of the Planning Commission on the proposed RG-2 zoning be approved. Following discussion, it was decided that a motion to approve or reject the request, or to table or defer action was in order. On motion of Mr. Biggs, seconded by Mr. Hughes, Council tabled the request to rezone a tract from R-20 to RG-2 by vote of 7 to 1, Mr. Hayes voting ‘No’.
POST OFFICE
A letter from the General Services Administration to Mayor Carroll stated that the Administration had been authorized to acquire a site in Dover for the construction of a new Federal Building, and that their Regional Office would confer with Governor Terry and the Mayor on the possibility of exchanging a suitable site for the old Post Office Building. Mayor Carroll will meet with the Regional Administrator, Arthur Miller.
ANNIVERSARY
Councilman Holpp noted that the year 1967 will be the 250th anniversary of the founding of the City of Dover. He felt that preparations should begin for the observance. Mayor Carroll appointed Councilman Holpp to determine what firms were available to assist Dover in such an observance.
PLANNING
The Planning Commission sent Council a copy of a letter from Edward C. Moore, formerly Consultant in Planning at the University of Delaware, which informed the Commission that Mr. Moore was leaving for another position in California, and that the University would no longer be offering complete planning service to municipalities in the state. He recommended that Dover acquire a full time planning staff. On motion of Mr. Hayes, seconded by Mr. Walls, the City Clerk was directed to obtain from the Division of Urban Affairs at the University a job description covering the duties of a City Planner.
ZONING REQUESTS
Council discussed the information that is required when requests are received to amend the zoning map. It was decided that while it was desirable to obtain petitions opposing rezoning far enough in advance of hearings to determine which signers were adjacent property owners, Council could not legislate against submission of such petitions at the time of the hearing. However, it was felt that the individual requesting rezoning could be required to submit additional information. On motion of Mr. Harris, seconded by Mr. Massey, Council directed that the plot submitted by any person requesting a change in the zoning map should outline adjacent properties and the names of their owners.
POLICE STATION
Chief of Police Turner exhibited to City Council plans for the new police station which should be ready for submission to bidders within a few weeks.
Council adjourned at 9:30 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of October 25, 1965 are hereby approved.
Crawford J. Carroll
Mayor
October 26, 1965