REGULAR MEETING
December 14, 1964
The Regular Meeting of City Council was held Monday, December 14, 1964 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Harris, Hayes, Holpp, Hughes, Massey and Walls. Councilman Smith is absent due to illness.
The invocation was said by the Rev. G.P. Mellick Belshaw.
MINUTES
Minutes of the Council meeting of November 23, 1964 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police for November was accepted as read.
Report of Alderman Cavanaugh was accepted. Checks in the amounts of $106.00, $500.70 and $195.00 were remitted to the City. Report of Magistrate Knotts was accepted. A check in the amount of $790.10 was remitted to the City.
Report of the Fire Marshal and Building Inspector was accepted.
Report of the Board of Health was accepted.
Report of Cash Receipts, General Fund, was accepted.
Budget Report, General Fund, was accepted.
Cash Report, Electric Revenue Fund, was accepted.
Cash Report, Electric Improvement Fund, was accepted.
Report of the City Manager was accepted.
FIRE CHIEFS
City Council has received from the Robbins Hose Company a list of nominees for fire chiefs for the year 1965. Because no contests existed a nominating election was not required. On motion of Mr. Hayes, seconded by Mr. Massey, Council by unanimous vote elected the following Fire Chiefs of the Robbins Hose Company for the year 1965:
Chief Jack T. Roe
Deputy Chief William T. James
1st Asst. Chief Wilson R. Comegys
2nd Asst. Chief Robert Quillen
3rd Asst. Chief Robert Faries
FIRE MARSHAL & BUILDING INSPECTOR
On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous vote appointed Jack T. Roe as Fore Marshal and Building Inspector for the year 1965.
CITY ASSESSOR
On motion of Mr. Biggs, seconded by Mr. Hayes, Council by unanimous vote appointed Thomas E. Baker as City Assessor for the year 1965.
CHURCH SIGNS
The First Baptist Church, Division and Bradford Streets, requested permission to erect two signs at State & Division Streets and two signs at Governors Avenue and Division Street pointing to the location of the Church. There are 20 or more churches within the City and Council noted that if one request was granted, similar requests from others could not be denied. The Safety Committee recommended disapproval. On motion of Mr. Hughes, seconded by Mr. Walls, Council denied the request. Mr. Harris voted ‘No’.
UTILITY COMMITTEE
Councilman Holpp submitted a written report of a meeting of the Utility Committee held December 7. The report was accepted.
McDOWELL STORM SEWER
The Utility Committee recommended that Maren L. McDowell, Lincoln Street, be paid the sum of $300 for storm sewer installed by him in Tar Ditch to provide an entrance to his property. The City has removed and replaced the sewer. On motion of Mr. Hayes, seconded by Mr. Harris, the recommendation of the committee was approved.
STREET LIGHTS THE GREEN
The installation of Street Lights on The Green is included in this year’s electric improvement program. The Utility Committee recommended that a custom-made Colonial type standard be installed. Twenty-four are required at a cost of $232 each. Pictures of the standards were shown to Council. Mr. Holpp also has shown the design to the ‘Friends of Old Dover’, who approved. On motion of Mr. Holpp, seconded by Mr. Biggs, Council authorized the purchase and installation of the lights on The Green.
ACME REZONING
A public hearing has been duly advertised for this date on a request to rezone from RG-1 to C-2 use an area to the north and west of the Acme Market on Governors Avenue which market is presently zoned for C-2 use. Mayor Carroll declared the hearing opened. No one appeared to object to the proposed rezoning. The request had been referred to the Planning Commission, which approved the change. Mayor Carroll declared the hearing closed.
On motion of Mr. Hughes, seconded by Mr. Walls, Council by unanimous vote adopted the following amendment to the zoning ordinance and zoning map.
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF AN AREA ADJACENT TO THE ACME MARKET ON SOUTH GOVERNORS AVENUE.
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 RG-1 to C-2 of an area located adjacent to the Acme Market on South Governors Avenue,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
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 RG-1 to C-2 use of an area bounded on the east by Governors Avenue, on the West by New Street, on the north by lands of Jacob & Fannie C. Rudnick and Fred & Mary Thompson, on the south by lands of Lynn-Lee Corporation (Acme Market) and lands of Edward and Minnie Abbott.
Passed December 14, 1964.
MID DEL REZONING
A public hearing has been duly advertised for this date on a request to rezone from R-8 to C-1 use a plot adjacent to former lands of Mid-Del Realty on the East side of Mitscher Road south of White Oak Road. Mayor Carroll declared the hearing opened. Objections were received from property owners at 1101 and 105 White Oak Road and from Kendall Gibbs, property owner on White Oak Road just outside City limits. The objections were based on traffic that would be generated by a market and the nearby location of similar markets. The request had also been referred to the Planning Commission who recommended approval. The exact location of the lot was questioned and a map of the exact location was not available. On motion of Mr. Hayes, seconded by Mr. Walls, the matter was tabled until the next meeting of Council.
NEW STREET REZONING
The Planning Commission recommended that lands on the east side of S. New Street, presently zoned for RG-1 use and surrounded by C-2 zoning be rezoned for C-2 use. A public hearing is required prior to rezoning. On motion of Mr. Walls, seconded by Mr. Hayes, Council by unanimous vote adopted the following resolution:
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 on the east side of New Street north of Loockerman Street owned by Arlington Bullock and the Hiram Donoho Estate are presently zoned for general residential, RG-1 use, and
WHEREAS, a recommendation has been submitted to City Council by the Planning Commission to change the zone designation from RG-1 to C-2 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 January 11, 1965 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would change from RG-1 to C-2 use that area with a frontage of approximately 100 feet on the east side of South New Street beginning at a point approximately 86 feet north of Loockerman Street, now or formerly the properties of the Hiram B. Donoho Estate and Arlington Bullock and immediately adjoining the present C-2 zone.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted December 14, 1964.
PLAYGROUNDS & PARKS COMMITTEE
Councilman Walls submitted a written report of a meeting of the Parks, Playgrounds and Tree Committee held December 7, 1964. The report was accepted.
WATER STREET HEAT
The Parks and Playgrounds Committee recommended that the City assist in the installation of adequate heating facilities in the Water Street recreation building. On motion of Mr. Harris, seconded by Mr. Walls, Council authorized the expenditure of up to $500 for installation of two gas heating units in the building.
SAFETY COMMITTEE
Councilman Walls submitted a written report of a meeting of the Safety Advisory Committee held December 7, 1964. The report was accepted.
NEW STREET LIGHT
The Safety Committee considered the need for a traffic control light at the intersection of New and Division Streets. They were informed that the State Highway Department would not approve such an installation unless all traffic lights in the city were synchronized and that the estimated cost of minimum control is $4000. On motion of Mr. Walls, seconded by Mr. Holpp, Council directed that a letter be written to the Director of the State Highway Department asking information about the light and the type of synchronization control which they might install at the City’s expense.
USO PARKING
The Safety Committee recommended that the USO bus parking space be relocated on the east side of New Street just south of Loockerman. On motion of Mr. Walls, seconded by Mr. Massey, the City Solicitor was directed to prepare the necessary ordinance with the advise of the Chief of Police.
BANK OF DELAWARE DRIVEWAY
The Bank of Delaware has acquired additional property on Kings Highway adjoining their present property and plan to use it to extend their proposed parking area. They asked permission to Council to depress the curb on Kings Highway to provide an entrance to the expanded parking lot. Separate entrance and exit to the lot thus would be provided. On motion of Mr. Harris, seconded by Mr. Massey, the request of the Bank was approved.
BANK OF DELAWARE TAXES
A request made by the Bank of Delaware to refund a portion of the 1964 property taxes paid by them was withdrawn.
LILLIAN JONES ALLEY
A request has been received from Lillian Jones, 71 West Street, to abandon a 10 foot alley bordering her property on the north. A public hearing would be required prior to any action by City Council. On motion of Mr. Harris, seconded by Mr. Hughes, Council by unanimous vote adopted the following resolution:
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A PORTION OF A CERTAIN ALLEY BETWEEN KIRKWOOD AND WEST STREETS 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 favors the vacating and abandonment of the following portion of a certain 10 foot alley located south of Fulton Street, between West and Kirkwood Streets:
All that portion of a 10 foot alley lying between lands now or formerly of Lillian Jones, Oliver Cooper Estate, Bessie Cooper Harris, Frances Haines, Harry A. Young and Louise A. Cooper, extending from West Street in an easterly direction a distance of approximately 145 feet to the intersection with an alley running in a north-south direction between Division and Fulton Streets.
Section 2. The Council of The City of Dover will sit on Monday, January 11, 1965, at 8:15 P.M. at the City Hall to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of The City of Dover (Chapter 158, Volume 36, Laws of Delaware).
Section 3. The Clerk of Council is hereby directed to post copies of this resolution in five or more public places in the City of Dover and to publish the same in a newspaper published in the said City.
Adopted December 14, 1964.
ROSS STREET
Councilman Holpp discussed the problem widening Ross Street between Fairview Avenue and Pear Street to 38 feet of paving between curbs. He noted that the Court of Chancery had upheld the position of the Council requiring the widening to 38 feet from the developer’s plan of 28 feet but pointed out that the burden caused by the widening would primarily fall on the property owners on the north side of the street whose property line would be brought from a distance of 11 feet from the curb line to a distance of only one foot. Required sidewalks would then be installed on their property rather than in the public street right of way. He believed that although the City had won its case in the courts, the street should be permitted to be paved to a width of only 28 feet. Mr. Holpp moved that the previous action of Council directing early preparation for widening of the street be rescinded and that Council direct that the street be paved to a width of 28 feet. Mr. Hughes stated he had voted against both opening and widening of Ross Street and had stated he would second a motion made by any other Councilman to pave the street at 28 feet although he did not feel free to initiate such ha motion. He therefore seconded the motion made by Mr. Holpp. Mr. Harris stated he had consistently voted for widening of Ross Street but because of the apparent hardship that would be imposed on the present property owners, he reluctantly came to the conclusion that he must support the present motion. Mr. Biggs stated he had studied the Ross Street situation and believed that the street could be widened without taking the entire 10 feet from the north side of the street. On the question, the motion was defeated by vote of 4 to 3, Councilmen Biggs, Hayes, Massey and Walls voting ‘No’, Councilmen Harris, Holpp and Hughes voting ‘Yes’.
On motion of Mr. Massey, seconded by Mr. Walls, Council directed that a study be made to determine whether Ross Street could be widened to 38 feet without taking 10 feet from the north side alone. Councilman Hayes voted ‘No’.
IMPROVEMENT PROGRAM
Councilman Hayes reported that the Legislative and Finance Committee recommended that a referendum be held on January 18, 1965 on a proposed bond issue to finance construction and improvements to the water system, sewer system, street light and signal system and streets, and for construction of a new Police Station. Councilman Harris stated his belief that the construction of a Police Station should be a matter for a separate referendum. The single bond issue required for all improvements would total $2,000,000. On motion of Mr. Hayes, seconded by Mr. Hughes, Council authorized a referendum on the $2,000,000 to be held on January 18, 1965 and authorized employment of the bond attorney firm of Reed, Hoyt, Washburn and McCarthy of New York to prepare the necessary legal papers. Mr. Harris voted ‘No’.
REZONING REQUESTS
On motion of Mr. Harris, seconded by Mr. Walls, Council directed that future requests to amend the zoning map and zoning ordinance would be accepted only from the owner or owners of property involved.
Council adjourned at 10:15 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of December 14, 1964 are hereby approved.
Crawford J. Carroll
Mayor
December 17, 1964