REGULAR MEETING
September 14, 1964
The Regular Meeting of City Council was held Monday, September 14, 1964 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. Hubert F. Jicha Jr.
MINUTES
Minutes of the meeting of August 24, 1964 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police was accepted as read.
Report of Alderman Cavanaugh was accepted as read. Checks in the amounts of $182.00, $271.50 and $1096.70 were remitted to the City. Report of Magistrate Knotts was accepted as read. A check in the amount of $1172.00 was remitted to the City.
Report of the Fire Marshal & Building Inspector was accepted as read.
Report of the Board of Health was accepted as read.
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.
UTILITY COMMITTEE
Councilman Holpp submitted a written report of a meeting of the Utility Committee held on September 8. Report of the Committee was accepted. Copies of proposed changes to the Land Subdivision Regulations will be furnished all Councilmen for their study.
MR. DONUT HEARING
A request had been received to rezone a plot of land on the northwest corner of Kings Highway and U.S. Route #13 from R-20 to C-4 use. The request has been duly advertised for hearing this date. Mayor Carroll declared the hearing open. The Planning Commission has recommended that the rezoning be approved. No one was present at the hearing to speak for or against the request. Mayor Carroll declared the hearing closed.
On motion of Mr. Walls, seconded by Mr. Massey, Council by unanimous vote passed the following ordinance:
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF A PLOT ON U.S. ROUTE #13 FROM R-20 TO C-4 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 uses from R-20 to C-4 in a plot located at the northwest corner of Kings Highway and U.S. Route #13,
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-20 to C-4 use of that plot of land located on the northwest corner of Kings Highway and U.S. Route #13, having a frontage of approximately 225 feet on U.S. Route #13 and of approximately 160 feet on Kings Highway and being bounded on the north by lands of Biter & Cullen and on the west by lands of Harrington Scott.
Passed September 14, 1964.
NORTHWEST DOVER HEARING
Recommendation has been received from the Planning Commission for rezoning of areas in Northwest Dover which had been zoned for R-20 use since their recent annexation to the City. The proposed rezoning has been duly advertised for public hearing this date. Mayor Carroll declared the hearing opened. Everett A. Wood, President of the Northwest Dover Heights Civic Association, spoke for property owners and residents of the Northwest Dover Heights development who opposed rezoning of the area. Further discussion revealed that the rezoning under protest was the lands of Lockwood Gooden from R-20 to Manufacturing use, and the Northwest Dover Heights housing development from R-20 to R-7 use. The group finally asked that the Gooden rezoning be denied, and that action on the R-7 zoning be delayed until they could study it further. The provisions of the zoning ordinance relating to manufacturing zones was read to the group and it was noted that trucking terminals, a use proposed for the Gooden land, was not a specific use mentioned for manufacturing zones. Lockwood Gooden and others present were given the opportunity to speak.
A motion by Mr. Holpp, seconded by Mr. Biggs, that action on all area being considered for rezoning be tabled was defeated by vote of 5 to 3, with Messrs. Biggs, Holpp and Smith voting yes.
On motion of Mr. Harris, seconded by Mr. Walls, Council by unanimous vote passed the following ordinance amending the zoning map and zoning ordinance:
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF AREAS NORTH OF WALKER ROAD AND EAST OF THE PENNSYLVANIA RAILROAD.
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 uses from R-20 to those indicated below in the areas described,
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-20 to the uses shown in the areas described below:
Lands of the Dover Special School District, north of Walker Road, to be permanently zoned R-20; lands of Suburban Propane Gas Co. and Lands of the City of Dover, north of Walker Road and east of the Pennsylvania Railroad, to be rezoned from R-20 to Manufacturing;
Lands in the Estate of Harry Wilson, north of Walker Road, to be rezoned from R-20 to C-1
Passed September 14, 1964.
On motion of Mr. Harris, seconded by Mr. Smith, Council by unanimous vote tabled a proposed amendment to the zoning ordinance which would rezone the development known as Northwest Dover Heights from R-20 to R-7.
A motion by Mr. Harris, seconded by Mr. Walls, to adopt an amendment to the zoning ordinance which would rezone from R-20 to manufacturing use the lands of Lockwood Gooden received 5 affirmative votes and 3 negative votes. On June 22, 1964, residents and property owners the Northwest Dover Heights development presented a petition to Council protesting the rezoning of the Lockwood Gooden tract and many of the same group were present at this meeting to repeat the protest. In view of the protest, the opinion was that a vote of three-quarters of all the members of Council would be required to pass an ordinance rezoning the tract. Messrs. Holpp, Massey and Smith had voted ‘No’.
POLICE TEAM
Chief of Police Turner reported to Council on the activities of the Dover Police Pistol teams. In a recent match, the Dover teams placed high in the standings.
BLOCK PARTIES
Chief Turner reported that a recent block party had caused trouble for the Police. He recommended that Council adopt a policy which would prohibit such parties in the future. On motion of Mr. Hayes, seconded by Mr. Walls, Council decided that its future policy would be to refuse permission to hold parties in the public streets.
FPC COUNSEL
The Utility Committee reported that Mr. Lewin, Baltimore attorney, would be unable to represent Dover at hearings before the Federal Power Commission because of other commitments. The committee urged that Counsel be employed to represent Dover at the hearings and recommended Spencer W. Reeder of St. Michael’s, Maryland. On motion of Mr. Holpp, seconded by Mr. Hayes, Council authorized the Utility Committee to employ legal counsel to represent Dover at the current Federal Power Commission hearings and approved the choice of Mr. Reeder. Mr. Hughes voted ‘No’.
CURB DEPRESSION
Edward D. Biter requested permission to depress a curb for approximately 40' on the south side of Hope Street in the rear of S & S Motors as an entrance to a parking lot. The Building Inspector and Chief of Police recommended approval. On motion of Mr. Walls, seconded by Mr. Hayes, Council approved the request.
WDOV CONTRACT
The TV antenna services requested Council to amend the contract existing between it and the City of Dover to permit assignment of the franchise as collateral for loans. On motion of Mr. Hayes, seconded by Mr. Harris, Council approved amendment of the contract to add the desired clause.
CURB HEARINGS
On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous vote adopted a resolution providing for a public hearing at 8 P.M. on October 12, 1964 on the question of installing concrete curb and gutter and assessing the costs thereof to property owners on the following streets:
Edgehill Avenue between White Oak Road and Maple Parkway
Mitchner Road between White Oak Road and North Little Creek Road
Edgemont Garden Avenue between Maple Parkway and Spring Garden Avenue
Spring Garden Avenue from U.S. Route 13 to Edgehill Avenue
Cowgill Street from U.S. Route 13 south to dead end
Miller Road from Route 113 west to dead end
Martin Street from South Little Creek Road to dead end
Greenhill Road from Park Drive to U.S. Route 13
Bayard Avenue from Division Street to dead end at ball park
STATE STREET TRUCKING
Councilman Biggs remarked on the number of trucks using State Street and asked whether they could be rerouted. It was noted that it was a State maintained street, but Mayor Carroll said he would have the Police Department study the situation.
ROSS STREET
A delegation of property owners from Ross Street asked Council to take action to get that street paved and to drop the litigation with Robino Developers now in the Court of Chancery. The Vice Chancellor who heard argument has been ill and the case has been dormant for some months. The Solicitor’s office will attempt to get information on the status of the case from the Vice Chancellor who has returned to his duties.
Council adjourned at 9:30 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of September 14, 1964 are hereby approved.
Crawford J. Carroll
Mayor
September 16, 1964