REGULAR MEETING

January 11, 1965

The Regular Meeting of City Council was held Monday, January 11, 1965 at 7:30 P.M. with Vice Mayor Hayes presiding. Councilmen present were Messrs. Biggs, Harris, Holpp, Hughes, Massey, Smith and Walls.

The Invocation was said by the Rev. William Hemphill, Jr., of Wesley Methodist Church.

MINUTES

The minutes of the regular meeting of December 28, 1964, were accepted and bore the written approval of Mayor Carroll.

The minutes of the special meeting of January 4, 1965 were accepted and bore the written approval of Mayor Carroll.

REPORTS

Report of the Chief of Police for December was accepted as read.

Report of the Alderman Cavanaugh was accepted. Checks in the amounts of $245.00, $96.00, $618.20 were remitted to the City. Report of Magistrate Knotts was accepted. A check in the amount of $1,238.30 was remitted to the City.

Report of Fire Marshal and Building Inspector was accepted.

Report of the Board of Health was accepted.

Cash Receipts, General Fund, was accepted.

Budget Report, General Fund, was accepted. A motion by Mr. Harris, seconded by Mr. Walls, Council asked to have an accounting of what Capital Expenditures had been spent for and what balance was allocated marked for, as of January 1, 1965, brought to the next meeting.

Cash Receipts, Electric Revenue Fund, was accepted.

Cash Receipts, Electric Improvement Fund, was accepted.

City Managers Report, was accepted. On a motion by Mr. Smith, seconded by Mr. Walls, Council asked that they revert to the old system of identifying the wells. The wells are now identified by number instead of name.

REZONING ARLINGTON BULLOCK & HIRAM B. DONOHO

A public hearing has been duly advertised for this date on a request to rezone from RG-1 to C-2 use of a area on the east side of New Street, North of Loockerman Street, owned by Arlington Bullock and the Hiram Donoho Estate, are presently zoned for RG-1 use. Vice Mayor Hayes 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. Vice Mayor Hayes declared the hearing closed.

On motion of Mr. Walls, seconded by Mr. Massey, 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, ON THE EAST SIDE OF NEW STREET, NORTH OF LOOCKERMAN STREET.

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 charge the permitted use from RG-1 to C-2 use of an area bounded on the east side of New Street, north of Loockerman Street, owned by Arlington Bullock and the Hiram Donoho Estate.

Passed January 11, 1965

LILLIAN JONES ALLEY

A public hearing has been duly advertised for this date on a request to abandon a 10 foot alley. Vice Mayor Hayes declared the hearing opened. Attorney William H. Draper, representing Olliver Cooper Estate and Louise Cooper Hickman, and Mr. & Mrs. Harry Young were present to object to the abandonment of said alley. The objections were based on some vehicular and other uses of the alley. On motion of Mr. Smith, seconded by Mr. Hughes, Council by unanimous vote agreed to leave the alley open.

TOWING ORDINANCE

Chief Turner read a towing ordinance, and gave reasons why they need a new towing ordinance. On motion of Mr. Smith, seconded by Mr. Biggs, Council recommended that Chief Turner have the City Solicitor draw up this towing ordinance and have it brought up at the next meeting.

PARKS, PLAYGROUND & TREE COMMITTEE

Councilman Walls submitted a written report of a meeting of the Parks, Playgrounds and Tree Committee held January 4, 1965. On motion of Mr. Walls, seconded by Mr. Smith, Council asked Mr. Buckson to contact Senator James McGinnis to see if he would institute legislation to allow Cities or Towns to maintain unclaimed or unattended cementaries. The report was accepted.

SAFETY ADVISORY COMMITTEE

Councilman Walls submitted a written report of a meeting of the Safety Advisory Committee held January 4, 1965. On motion of Mr. Walls seconded by Mr. Harris, Council asked that the City Solicitor draw up a ordinance to drop the speed limit on Wyoming Avenue to 25 MPH. This area is from Governors Avenue west to New Burton Road. The report was accepted.

UTILITY COMMITTEE

Councilman Holpp submitted a written report of a meeting of the Utility Committee held January 4, 1965. The report was accepted.

LEO OSIKA REZONING

A request has been received from Leo J. Osika, 226 Walker Road, to rezone a parcel of land located on South Governors Avenue, which is the West side, on the North along Waples Avenue, on the East borders property of Mr. Leo J. Osika and G. Brundage, and Mrs. John French, on the South side is the Grange property. This area is presently zoned R-8. A public hearing is required prior to any zoning change.

On motion of Mr. Walls, seconded by Mr. Biggs, 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, a certain area of land located on the Southeast corner of South Governors Avenue and Waples Avenue is presently zoned R-8, and

WHEREAS, a request has been submitted to City Council to change the zone designation from R-8 to General Residence and Office, RG0, 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 February 8, 1965, on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would change from R-8 to RG0 use that area located along South Governors Avenue, which is the west side, on the North, along Waples Avenue, on the East, by property of Leo J. Oskia and G. Brundage and Mrs. John French, on the South side the Grange property.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

Adopted January 11, 1965,

The request was also referred to the Planning Commission for recommendation.

LOCKWOOD C EMMERT REZONING

A request was received from Lockwood C. Emmert, Charlotte J. Tuller, Wm. W. Hallett, E.H. Mercer, and Alice T. Garton, to rezone their properties from RG0 to C-2 their properties bordered by King Street on the East, South State Street on the West and Budd Street on the North. On motion of Mr. Smith and seconded by Mr. Harris, Council by unanimous vote tabled this request until their January 25, 1965, meeting.

REALSILK INC. SUIT

The City of Dover received a suit for Territorial Judgement from the Realsilk Inc. They are challanging the City Ordinance, requiring a City License and a bond for non residents, of which they are trying to declare the ordinance unconstitutional, because of the Interstate Commerce act which they feel a permit to solicit in the city is unconstitutional. City Solicitor Buckson said he would keep the council advised as to how things are proceeding.

INGRAM APARTMENTS

Vice Mayor Hayes requested Mr. Baker to give his report on the Ingram Apartments, located at the rear of 19 N. Queen Street, in reference to possible violations of the Housing Code. After a lengthy discussion the council felt that the housing code should be enforced and requested the Health Inspector to carry out his responsibilities of this code.

Council adjourned at 9:50 P.M.

                                                                                    City Clerk

All ordinances, orders and resolutions adopted by City Council at its meeting of January 11, 1965 are hereby approved.

Crawford J. Carroll

                                                                                    Mayor

January 12, 1965