REGULAR MEETING
April 22, 1963
The regular meeting of City Council was held Monday, April 22, 1963 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Harris, Hayes, Hill, Holpp, Hughes, Smith and Walls.
MINUTES
Minutes of the meeting of April 8, 1963 were accepted and bore the written approval of Mayor Carroll.
COMMITTEE REPORT
Chairman Hayes submitted a written report of the committee of Wages & Hours, Legislation and Finance. On motion of Mr. Hill, seconded by Mr. Holpp, the report was accepted and ordered filed.
Chairman Walls submitted a written report of the committee on Parks & Recreation. On motion of Mr. Hill, seconded by Mr. Hayes, the report was accepted and ordered filed. On motion of Mr. Harris, seconded by Mr. Smith, Council approved the recommendation of the committee, and authorized award of the Silver Lake concession for the 1963 season to the Early Bird Co. on their bid of $151.
Chairman Hill submitted a written report of the committee on Safety. On motion of Mr. Hayes, seconded by Mr. Smith, the report was accepted and ordered filed.
WOODCREST DEVELOPMENT
Messrs Ellis and Gentile appeared before City Council to discuss their proposed development north of Walker Road and adjacent to the McKee Run Power plant. Their plan had been given prior consideration by the Planning Commission, to whom it was submitted with the idea of requesting annexation to the City, if the proposed zoning and development were given tentative approval. The Planning Commission did not approve the proposal as submitted because of air pollution and safety hazards foreseen because of the proximity of the development to the Dover power plant and the Suburban Propane Gas plant. The developers have therefore come to City Council to ask that City water be extended now and the City sewer when it becomes available. They would proceed with the development outside the City limits and no other City approval would be required.
The Dover Planning Commission, in a letter to City Council, pointed out the many developments which are planned in and around Dover and requested that the Council and the Commission meet and attempt to reach mutual understanding on the approach of the City to the problems. They ask that the meeting be held before decisions are made on individual developments, such as Woodcrest.
After discussion and questioning, Council deferred decision on the Woodcrest development. Members of Council agreed to meet with the Planning Commission at 8 P.M. on Monday, April 29.
SEWER AND WATER HEARING
A public hearing has been advertised for this meeting to consider the installation of sewer and water lines in the Eastover Hills, Edgehill and Edgehill Acre areas for which a front foot charge would be made to property owners. Anyone objecting was given an opportunity to be heard. There were no objections. All present about the matter were concerned primarily about how soon the work would start. Some asked about the cost. Plans have been prepared for the Eastover Hills section and bids could be obtained before the next meeting of Council. City officials expressed the hope of having all sewer and water lines installed by November of this year. Costs of recent projects have been less per front foot than the estimates given in the brochure circulated before annexation of the areas. On motion of Mr. Holpp, seconded by Mr. Walls, Council directed that bids be asked on the Eastover Hills section for which plans are ready.
AMBACH SEWER AND WATER
Max Ambach is building apartments in an area outside City limits for which he desires City sewer and water. Permission was granted to extend sewer and water to approximately one-half the area he owns and the tapping fees paid. The apartment units built on this area exceeded in number that to which the City agreed to provide service. Ambach has never signed the written agreement. He now is building or plans to build apartments on the balance of the area. City Solicitor Buckson reported that Ambach is represented by Attorney Herman Brown who desires to meet with the Utility Committee on the sewer and water question. On motion of Mr. Walls, seconded by Mr. Smith, the matter was referred to the Utility Committee to hear and make its recommendations to Council. Councilman Hughes voted ‘No’.
ZONING MAP HEARING
A public hearing was duly advertised for this date on a proposed amendment to the zoning map which would change the zone of the Kesselring lands between Puncheon Run and Webbs Lane from R-20 zone to R-10, R-8, R-7, RG0 and C-3 Zones. The Zoning Commission thought that none of the zones should be below R-8. The Planning Commission approved the proposed R-10, R-8 and RG0, but recommended that the R-7 be zoned no less than RG-1 but that deed restrictions should limit construction to single family residences in that zone, and that deed restrictions should limit uses in the proposed C-3 zone to certain uses for which justification could be furnished by the developer. Michael Poppiti, attorney for Frank Robino, developer, stated that his client was willing to comply with the Planning Commission recommendations, and that the use to which the land was to be put was planned as a result of a survey of needs in this area conducted by a private firm employed by Robino for that purpose. He stated that certain firms have already expressed interest in locating in the proposed commercial area and that a good portion of the area would be used for customer parking. Council questioned the need for the commercial area and the effect of deed restrictions. No others appeared to speak at the hearing. On motion of Mr. Walls, seconded by Mr. Hayes, Council decided to defer action on all but the proposed R-10 and R-8 zoning until the matter could be further studied and the Attorney for the developer and the City Solicitor worked out the restrictions which would be contained in the deeds or ordinance.
On motion of Mr. Smith, seconded by Mr. Harris, 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 CERTAIN PORTIONS OF THE FORMER KESSELRING LANDS.
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 desirable and proper to change the Zoning Map and the permitted uses on portions of the former Amon Kesselring lands within the City of Dover from agricultural and R-20 zones to R-10 zone and R-8 zone, as more particularly 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 Agricultural or R-20 Zone to R-10 Zone of that portion of the former Amon Kesselring lands described as follows: All that certain tract or parcel of land bound on the west by lands of Everett B. Loper, on the north by Puncheon Run, on the east by lands of Fred Wall, and on the south by the northerly property lines of the northerly lots of the area now being zoned R-8, as shown on a plot prepared by Edward H. Richardson Associates, Inc.
2. 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 Agricultural or R-20 Zone to R-8 Zone that portion of the former Amon Kesselring lands described as follows: All that certain tract or parcel of land bound on the west by lands of William Darling, on the north in part by lands of Everett B. Loper and in part by the southerly property lines of the southerly lots of the area now being zoned R-10, on the east in part by lands of Fred Wall and in part by U.S. Highway 13A, and on the south in part by lands of John N. Cubbage and in part by the property lines of the southerly lots of this R-8 area, as shown on a plot prepared by Edward H. Richardson Associates, Inc.
Passed April 22, 1963.
SCULL PROPERTY
City Solicitor Buckson reported that all negotiation for purchase of the Scull property required for expansion of the sewage treatment plant has failed and that condemnation proceedings will probably be filed tomorrow.
CHARTER AMENDMENTS
City Solicitor Buckson reported that the Charter amendments proposed by City Council have been drawn up and given to an attorney in the Legislature who will prepare the amendments as a bill to be introduced. Copies of the bill when prepared will be sent to all members of Council.
KEITH PLAN
Plans of Judge Ernest Keith to install a garden in the rear of his home on the Plaza were approved by the Planning Commission. Because of a driveway change proposed by him, Council directed that the plan be resubmitted to the Planning Commission.
TAX ASSESSMENT APPEALS
The Committee of Council appointed to hear tax assessment appeals reported its recommendations to Council, which had been deferred from the regular meeting of April 8. Action on individual appeals was taken by Council as indicated below, moved and seconded by Councilmen shown.
Approved reduction in assessment on lot of Mrs. Minnie Willms on NW corner of S. New and North St. from $4000 to $3400. Holpp and Hayes.
Retained assessment on property of Edgar Shanholtzer, 323 W. Loockerman St. at $12,200. Holpp and Walls.
Approved reduction in assessment on property or Norman J & Emma W. King, 25 Green hill Avenue from $6600 to $6300. Holpp and Smith.
Tabled recommendation to retain assessment on property of Charles Lee Edwards, 32 Evergreen Circle, at $10,100. Holpp and Hayes. Approved reduction in assessment on same property from $10,100 to $9800. Hayes and Biggs.
Increased assessment on property of Thomas E. Moore, Bay Road, from $10,400 to $10,700. Holpp and Hayes.
Reduced assessment on property of Parl Scotton, U.S. 13 near St. Jones River Bridge, from $4600 to $3000. Holpp and Walls.
Reduced assessment on property of Parul Scotton, 9 Bayard Avenue, from $11,900 to $10,900. Holpp and Walls.
Reduced assessment on property of Alfred O. Wolff, 45 S. Edgehill Avenue from $9700 to $8200. Holpp and Walls.
Reduced assessment on property of Maxine Schulz, 83 N. Halsey Road from $5100 to $4500 and at 85 N. Halsey Road from $4800 to $4500. Holpp and Biggs.
Retained assessment on property of Elmars J. Zemitis, 243 Bayard Avenue at $13,900. Holpp and Harris.
Retained assessment on property of Philip Cirrigoine, 42 S. Edgehill Avenue at $9600. Holpp and Biggs.
Retained assessment on property of Mrs. Carman G. Vahl, 93 Orchard Avenue at $8200. Holpp and Walls.
Retained assessment on property of Maxwell Jett, Trailer Court, Roosevelt Ave. at $31,000. Holpp and Smith.
Retained assessment on property of Mrs. Mary G. Wilson, The Plaza, at $90,000. Holpp and Biggs.
Reduced assessment on property of M. Hayes Wilson Jr., The Beeches, from $21,800 to $20,400. Holpp and Smith.
Retained assessment on property of Roy Honey, North DuPont Highway at $10,100. Holpp and Hayes.
Retained assessment on property of Henry R. Roper Sr., 18 Loockerman Court, at $9500. Holpp and Smith.
Retained assessment on property of Robert C. and Margaret H. Mader, 73 Rvergreen Drive at $7200. Holpp and Biggs.
Retained assessment on property of Lester Monismith, 57 Upland Avenue at $7400. Holpp and Smith.
Retained assessment on property of Thomas W. & Eunice Reed Jr., 728 N. Governors Avenue at $11,600. Holpp and Smith.
Authorized City Assessor to revise and correct assessments on properties of John Pleasanton Sr., 139 Mitcher Road. Holpp and Walls.
Tabled recommendation that assessment on properties in western section of City lacking City facilities be lowered. Hill and Harris. Hill and Walls voted ‘No’/
OLD DOVER DAYS
Mayor Carroll and Councilmen Holpp and Walls stated they would be present at the Old Dover Days reception in the Old State House at 1:30 P.M., Sunday, May 5.
MEMORIAL DAY
Council authorized presentation of a wreath at the Memorial Day services held by the American Legion at the memorial triangle.
CHAMBER OF COMMERCE
A letter from the Chamber of Commerce stated they had been asked by residents of Rodney Village to determine the reason for the increase in sewer rents in that area, and asked Council to given them a reply. On motion of Mr. Hill, seconded by Mr. Hayes, Mr. Golder of the Chamber was invited to appear at a meeting of Council.
BULLOCK PROPERTY
Arlington Bullock told City Council that he had recently purchased the former Vane property at Loockerman and New Streets. He asked permission of Council to install a 3000 gallon fuel tank beneath the pavement or street. The property also contains apartment units which have not been put to use for many years. The present zoning ordinance prohibits their present use as apartments. Mr. Bullock asked that the ordinance or zoning regulation be changed to permit him to rent the apartments. Mr. Bullock will meet with Building Inspector Jack Roe to determine the question on the fuel tank, and also what formal action he must take to request a change in the zoning ordinance.
BECKER GAS TANK
The American Oil Company requested permission to install a gasoline tank on the property leased by the Parkway Delicatessen, Loren Becker, proprietor, for the use of that business. The question was tabled until the sentiment of the landlord and neighbors is determined by the Building Inspector.
AIR CONDITIONING
Prices were submitted to City Council on the installation of window air-conditioning units in City Hall. No action was taken. On motion of Mr. Hayes, seconded by Mr. Walls, the City Manager was directed to obtain costs on central air conditioning and new heating for the building.
Council adjourned at 11:50 P.M.
F. P. Neylan
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of April 22, 1963 are hereby approved.
April 26, 1963 Crawford J. Carroll Mayor