REGULAR MEETING

November 9, 1964

The regular meeting of City Council was held Monday, November 9, 1964 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Harris, Hayes, Holpp, Massey, Smith and Walls.

The invocation was said by the Rev. Robert L. McKim.

MINUTES

Minutes of the meeting of October 26, 1964 were accepted and bore the written approval of Mayor Carroll.

REPORTS

Report of the Chief of Police was accepted.

Report of Alderman Cavanaugh was accepted. Checks in the amounts of $253.00, $91.50 and $1055.10 were remitted to the City. Report of Magistrate Knotts was accepted. A check in the amount of $1046.00 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.

General Fund Budget Report was accepted.

Cash Report, Electric Revenue Fund was accepted.

Cash Report, Electric Improvement Fund was accepted.

Report of the City Manager was accepted.

CITY AUDIT

Council considered the report of the City audit recently completed by William Manter, CPA. On motion of Mr. Hayes, seconded by Mr. Biggs, acceptance of the report was tabled until Council reviewed the report further with the auditor.

SEWER AND WATER FRONT FOOT CHARGES

Councilman Victor Holpp, Chairman of the Utility Committee, reported its recommendation that charges for sewer and water lines installed in the eastern section of Dover be set at $3.00 per front foot for sewer and $3.00 per front foot for water. Frontage will be determined from the mailing address and tax records. The charge includes the lateral. It was further recommended that 5% discount be allowed for payment within 90 days of the date of the bill, that no interest be charged if the bill is paid in regular installments, monthly or yearly, within 5 years of the date of the bill, and that interest at the rate of 4% be charged those property owners who choose to make payment over a period longer than 5 years. On motion of Mr. Holpp, seconded by Mr. Hayes, Council approved the charges and policy as recommended above.

SOLICITOR REPORT

William Holden reported for the Solicitor’s office that final settlement had been made with G. Leslie Gooden for purchase by the City of a piece of land located on Tar Ditch. He also reported that final settlement had been made for purchase of a piece of the Shank property bordering on the St. Jones River.

Mr. William Hudson reported the decision of the Court of Chancery directing Frank Robino’s Villa Development, Inc. to pave Ross Street west of Fairview for a width of 38' within the present 50' right-of-way upon payment by the City of the cost of replacing 500 feet of curbing already installed. Mr. Hudson stated that the actual curbing installed measures 587 feet and that the time under which Villa Development could make an appeal has expired.

GOODEN ZONING

On September 14, 1964, Council by vote of 5 to 3 approved an amending to the zoning ordinance and zoning map which would rezone from R-20 to Manufacturing use the lands of Lockwood Gooden located north of Walker Road and just west of the railroad. At that time residents of Northwest Dover Heights objected to the rezoning. The Solicitor’s office has since ruled that the objectors did not live or own property within 100 feet of the area being considered for rezoning and thus the amendment did not require approval by three-quarters vote of City Council. The zoning map amendment is therefore effective.

DOVER LEASING REZONING

A public hearing has been duly advertised for this date on a request to rezone from R-8 to C-3 use a plot of land located on the northeast corner of Clara and Pear Streets. Mayor Carroll declared the hearing opened. No one appeared to object to the proposed rezoning. The request had been referred to the Planning Commission who stated they were unable to make a recommendation. Mayor Carroll declared the hearing closed.

On motion of Mr. Smith, 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 LOCATED ON THE NORTHEAST CORNER OF CLARA AND PEAR STREETS.

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-8 to C-3 of an area located on the northeast corner of Clara and Pear Streets,

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 R-8 to C-3 use of an area located on the northeast corner of Clara and Pear Streets, having a frontage of approximately 266 feet on Clara Street and 220 feet on Pear Street.

Passed November 9, 1964

ROSS STREET

James Messick, Attorney, presented to Council petitions signed by residents and property owners in the Fairview development in the vicinity of Ross Street requesting that Council retain the paved surface of Ross Street between Fairview Avenue and Pear Street at 28 feet rather than the 38 feet provided for in the Court of Chancery decision. Each Councilman also received a letter signed by six property owners on Ross street whose frontage would be effected by the widening objecting on the grounds that their lawns would be cut back and the value of their properties depreciated, and that widening the street would encourage truck traffic without providing any better access for fire trucks. Residents of the area were also were also present at the meeting to voice their objections to a wider paved surface for Ross Street. Mayor Carroll pointed out that the matter had been in litigation before most of the residents of Ross Street purchased their properties, that the City’s position had been argued and upheld by the Court of Chancery, and that the developer had been directed by the Court to notify buyers and prospective buyers of the possibility of the street being widened. The Council could not understand why property owners voiced no objection to widening the street during the long period taken for litigation. Council’s opinion was that the court directed the developer to make no property settlements on lots from which additional street right-of-way might be taken. On motion of Mr. Walls, seconded by Mr. Holpp, the petitions were accepted and the Solicitor was directed to obtain a copy of the court transcript and such other information as Council might require.

CHAMBER MEETING

The Mayor and members of Council were invited to be guests of the Chamber of Commerce at a dinner meeting to be held at 7 P.M., November 19 at Treadway Inn. All present but Mr. Hayes signified their ability to attend.

FIRE CHIEFS

The Robbins Hose Company notified City Council that there were no contests for the offices of Fire Chiefs so that a nominating election would not be required.

PTA LETTER

A letter from the Dover PTA Council informed Council that an information booth on the November 21 school district referendum would be erected either at the A&P shopping center or on the Wilmington Trust Co. lot in Dover.

Council adjourned at 8:45 P.M.

                                                                        City Clerk

All ordinances, orders and resolutions adopted by City Council at its meeting of November 9, 1964 are hereby approved.

Crawford J. Carroll

                                                                        Mayor

November 11, 1964