REGULAR MEETING
September 28, 1964
The Regular Meeting of City Council was held Monday, September 28, 1964 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Hayes, Holpp, Hughes, Massey, Smith and Walls.
The invocation was said by the Rev. Elmo A. Bean.
MINUTES
Minutes of the regular meeting of September 14, 1964 and Special Meeting of September 21, 1964 were accepted and bore the written approval of Mayor Carroll.
HALPERN REZONING
Dr. Harold Halpern, Box 386, Dover, requested that the zoning be changed on a piece of property he owns on S. Governors Avenue north of Waples Avenue, adjacent to the office building of Dr. William Flanagan, from C-3 to RG0, to permit him to erect an office building. On motion of Mr. Hughes, seconded by Mr. Massey, Council by unanimous vote adopted the following Resolution providing for a public hearing on the request.
RESOLUTION SETTING FORTH TIME AND PLACE OF 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, a certain area on the east side of South Governors Avenue north of Waples Avenue in the City of Dover is presently zoned for C-3, Commercial use, and
WHEREAS, a request has been submitted to change the zone designation from C-3 to RG0 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Ordinance and Zoning Map,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
Section 1. That a public hearing be held at City Hall, at 8:00 P.M., on October 26, 1964 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from C-3 to RG0 use a plot of land approximately 75' x 130' located between the east side of South Governors Avenue and an alley and being immediately north of the property of Dr. William W. Flanagan which is located on the northeast corner of South Governors and Waples avenues.
Section 2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted September 28, 1964.
On motion of Mr. Hayes, seconded by Mr. Walls, the request was also referred to the Planning Commission for their recommendation.
HIGHWAY AGREEMENT
An agreement for Street Maintenance between the State Highway Department and The City of Dover was presented for the consideration of City Council. The agreement would nullify all previous agreements for street maintenance made between the two parties, and specifies the streets and highways within the present limits of the City of Dover which would be under state maintenance and the obligations of both parties. On motion of Mr. Hayes, seconded by Mr. Biggs, Council approved the agreement and authorized the Mayor and Clerk to sign on behalf of the City.
PRR HEARING
Notice has been received from the Public Service Commission of Delaware that the Pennsylvania Railroad Company has applied for an order to discontinue passenger trains Nos. 454 and 455 operating between Delmar and Wilmington, Delaware and that a public hearing on the matter will be held beginning at 11:00 A.M., Wednesday, October 7, 1964 in Room 232, Board of Health Building, Dover. On motion of Mr. Smith, seconded by Mr. Hughes, Council directed that the Public Service Commission be notified of the opposition of the City of Dover to the application and that the Mayor appear in person at the hearing to speak for the City.
CITY ANNEXATION
A letter from the Dover Area Industrial Development Corporation No. 1 requested that the City annex the property formerly known as the “Coty Plant” but now owned by that Corporation and a letter from H. Baxter and Mary E. McKee requested that their farm of approximately 60 acres adjoining the above plant also be annexed to the City. On motion of Mr. Hughes, seconded by Mr. Massey, Council directed that a resolution be prepared, together with a plot of the lands in question, providing for an annexation referendum to be considered at the next meeting of Council.
SIMON APPOINTMENT
On motion of Mr. Hughes, seconded by Mr. Biggs, Council by unanimous vote approved appointment by the Mayor of Morris Simon to a 6-year term as a member of the Dover Housing authority for the period beginning August 15, 1964.
PURE OIL
Kent & Sussex Oil Products Inc. plan to erect a permanent office building at 216 West Street, the site of the Pure Oil Company bulk plant. They asked permission to locate a house trailer on the site to use as an office until the permanent building is erected. City ordinance prohibits the use of house trailers within the City. The bulk plant itself is a nonconforming use under the Zoning Ordinance and whether a permanent office building can be constructed at the plant is questionable. On motion of Mr. Hayes, seconded by Mr. Massey, the request was referred to the Planning Commission.
SHELVING
A letter from Walter R. Eley, who operates an antique business north of Smyrna, offered to purchase for $25 the counters and shelves with crown molding which are in the former Hinkle Building, now owned by the City and used by the Kent County Theater Guild. He would use them in his ‘Country Store’ which he is attempting to make into a replica of a typical old Delaware store. On motion of Mr. Smith, seconded by Mr. Holpp, Council authorized the sale provided there is no objection from the Kent Theater Guild.
PLUMBING CODE
Council will consider the adoption of a Plumbing Code after they have received written copies of changes to be made in the original proposal furnished them.
HUB REZONING
A public hearing has been duly advertised for this date on a request to rezone from R-10 to C-4 use a plot of land adjacent to the Hub at the southwest corner of East Loockerman Street and U.S. #13. Mayor Carroll declared the hearing opened. Maurice A. Hartnett, III, attorney, was present to represent the applicant, Kramedas Realty Company, and the answer questions. E.J. Zemitis, 243 Bayard Avenue, an adjoining property owner, asked the uses which were permitted in a C-4 Zone. The provisions of the Zoning Ordinance were read to him. He had no objection to the rezoning. It appeared that C-4, Highway Commerce zoning would conform to other uses in the area. Mayor Carroll declared the hearing closed.
On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous vote adopted 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 NEAR THE SOUTHWEST CORNER OF LOOCKERMAN STREET AND U.S. ROUTE #13.
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-10 to C-4 in a plot near the southwest corner of Loockerman Street and U.S. Route #13, more particularly described below,
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-10 to C-4 use that plot of land located adjacent to the southwest corner of East Loockerman Street and U.S. Route #13 being bounded on the west by a 14' alley and lands of Port Norris Oyster Company, on the east by lands of Kramedas Realty Company, on the north by a 15' alley and East Loockerman Street and on the south by lands of The City of Dover and lands of the Dover Mart.
Adopted September 28, 1964.
Council adjourned at 8:30 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of September 28, 1964 are hereby approved.
Crawford J. Carroll
Mayor
September 30, 1964