REGULAR MEETING
September 24, 1962
The regular meeting of City Council was held Monday, September 24, 1962 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Hayes, Hill, Holpp, Mowlds, Turner, Walls and Zartman.
The invocation was said by the Rev. William Hemphill.
MINUTES
Minutes of the meeting of September 10, 1962 were accepted and bore the written approval of Mayor Carroll.
COMMITTEE REPORT
The Legislative & Finance Committee and Utility Committee reported they had met officials of the Farmers Bank to discuss financing improvements required as a result of annexation and the coming of General Foods.
HINKLE PROPERTY
Council discussed the possible purchase of the Hinkle property at State and North Streets for the future widening of North Street although there were no surplus finds available. On motion of Mr. Zartman, seconded by Mr. Hayes, Council authorized the purchase of the Hinkle property for the price of $22,500. Mr. Mowlds voted ‘No’.
CLEMINSHAW APPRAISAL
Mr. Baker reported that the agreement had been signed with the J. M. Cleminshaw Company to appraise properties in the newly annexed area at the cost of $7,000 and that that company had agreed to make a population count in the course of making the appraisal, at no extra charge.
EASTERN STATES
A group of property owners in the Sherwood development complained of the operation of the eastern States Cooperative corn drying facilities which put forth objectionable noise, odor, and polluted the air with flying matter. Bldg Inspector Roe reported the firm was inviolation of the zoning ordinance in that alternations were made to the drying operation without a building permit and setback requirements were not met. Mr. Germon, a spokesman for the property owners, stated his belief that the firm was in violation of at least 17 provisions of the zoning ordinance and that the operation was depreciating property values in the neighborhood. Mr. Camper, Technician for the Air Pollution Commission, reported that his investigation revealed that the corn drying operation polluted the air and constituted a nuisance which the firm was ordered to correct. The firm proposed to make corrections but in Mr. Camper’s opinion the method proposed would not prove successful and a method which would prove successful would be too costly. The property owners showed a film of the firm’s operation. Herman Brown, attorney for Eastern States, stated that the firm had financial commitments to meet but had voluntarily cut back its operation and was willing to make every reasonable effort to correct objectionable conditions. Mr. Messick appeared as attorney for the property owners. The property owners were advised that the City would move to correct violations which were found but that civil action could by instituted by them whenever they believed such action desirable. On motion of Mr. Zartman, seconded by Mr. Walls, a committee of the City Solicitor, Chief of Police, Building Inspector and City Assessor was appointed to investigate the matter fully and to recommend to Council what action to take.
HOLDEN ALLEYS
James H. Hughes, attorney, for William Holden, requested that Council abandon certain alleys and a portion of a street, plotted but undeveloped in west Dover. He stated that his client was willing to dedicate another alley in the area if Council made this a requirement for the abandonment of others. On motion of Mr. Hill, seconded by Mr. Mowlds, Council by unanimous vote adopted the following resolution:
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF CERTAIN STREETS AND ALLEYS SITUATED IN A DEVELOPMENT KNOWN AS WESTWOOD PLACE.
Be It Resolved By The Council Of The City Of Dover:
Section 1. The Council of The City of Dover favors the vacating and abandonment of the following streets and alleys laid out upon a plot of Westwood Place, recorded in the office of the Recorder of Deeds of Kent County, Delaware, on September 21, 1961, in Plot Book 5, Page 75:
All that portion of a 15 foot alley lying between lands formerly of Paul Welch, Inc., and Lots No. 1, 4, 16, and 17 as shown on said plot, extending from Forrest Street in a southerly direction for a distance of 451.33 feet;
All that portion of a 15 foot alley lying between Lots No. 1 and 4 as shown on said plot and extending from the aforementioned alley at the western edge of said plot in a easterly direction for a distance of 70 feet;
All that portion of Bedford Drive, a 50 foot street lying between Lots No. 4 and 16 as shown on said plot, extending from the aforementioned alley at the western edge of said plot in an easterly direction for a distance of 70 feet;
All that portion of a 15 foot alley lying between Lots, No. 16 and 17 as shown on said plot, extending from the aforementioned alley at the western edge of said plot in an easterly direction for a distance of 70 feet;
Section 2. The Council of The City of Dover will sit on Monday, October 8, 1962, at 7:45 P.M. Eastern Daylight Saving Time, at the City Hall to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158, Volume 36, Laws of Delaware).
Section 3. The Clerk of Council is hereby directed to post copies of the is resolution in five or more public places in the City of Dover and to publish the same in a newspaper published in the said City.
Passed September 24, 1962.
On motion of Mr. Zartman, seconded by Mr. Mowlds, Council directed that a condition for vacating the alleys and street shall be the dedication of a new alley to the east of those abandoned.
WESLEY COLLEGE ALLEY
Wesley College requested Council to abandon an alley north of Cecil Street running west from Bradford Street over which they plan to build a dormitory. On motion of Mr. Turner, seconded by Mr. Zartman, Council by unanimous vote adopted the following resolution:
A RESOLUTION PROPOSING THE VACATING OF A CERTAIN ALLEY NORTH OF CECIL STREET IN THE CITY OF DOVER.
Be It Resolved By The Council Of The City Of Dover:
Section 1. The Council of The City of Dover favors the vacating and abandonment of a certain 10 foot alley north of Cecil Street running west from Bradford Street to an alley running between Cecil Street and Mary Street and adjoining lands of Wesley College.
Section 2. The Council of the City of Dover will sit on Monday, October 8, 1962, at 8:00 P.M. Eastern Daylight Saving Time, at the City Hall to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158, Volume 36, Laws of Delaware).
Section 3. The Clerk of Council is hereby directed to post copies of the is resolution in five or more public places in the City of Dover and to publish the same in a newspaper published in the said City.
Passed September 24, 1962.
YMCA REQUEST
Harold Schmittinger, Attorney, appeared before City Council on behalf of the YMCA with the request that that organization be permitted to obtain from the City approximately 1½ acres of land owned by the City of Dover Street. They propose to erect a building on the site, and in exchange would be willing to negotiate transfer to the City of land owned by the YMCA on Kings Highway. On motion of Mr. Hayes, seconded by Mr. Walls, the request was referred to the Planning Commission.
FOX ZONING
Dr. J. Robert Fox requested that the Zoning Ordinance be amended to change the zoning designation of a plot of land on the southeast corner of South Street and Governors Avenue from I0 to C3. The erection of an appliance and auto accessory store is proposed on the site. Similar uses occur on the other three corners of the intersection. On motion of Mr. Mowlds, seconded by Mr. Turner, the request was referred to the Planning Commission. Councilman Hayes voted ‘No’.
SMITH ZONING
A letter from J. Gordon Smith, who owns a plot of land in the recently annexed area, requests that the land be rezoned from R-20 to commercial use, and that he be granted a variance for such use. Council was informed that the Zoning Commission was already engaged in a rezoning study for all lands bordering the dual highway within City limits.
ORDINANCE
On motion of Mr. Hill, seconded by Mr. Mowlds, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE TO PROHIBIT THAT PARKING OF VEHICLES ON COURT STREET IN THE CITY OF DOVER.
BE IT ORDAINED By The Council Of The City Of Dover In Council Met:
Section 1. From and after the passage and approval of this Ordinance, it shall be unlawful for any person, firm or corporation by its agent to park any vehicle on either side of Court Street between U.S. Rt. 13 and U.S. Rt. 113.
Section 2. This Ordinance shall be in full force and effect at all hours and any person convicted of a violation of this Ordinance shall be fined not less than $1.00 nor more than $25.00.
Passed September 24, 1962.
SAFETY COMMITTEE
The Safety Committee made the following recommendation to City Council:
That the following traffic signals by authorized by City Council:
Stop Signs: Maple Parkway & U.S. 13
Maple Parkway & Kings Highway
Spring Garden Street & U.S. 13
Spring Garden Street & Edgehill Avenue
No Parking, Load & Unload Only: Maple Parkway, both sides, 150' west from U.S. 13 and 150' east from Kings Highway
That the Highway Department be requested to reduce the speed limit on Whiteoak Road adjacent to Dover from 50 MPH to 35 MPH.
That the speed limit on New Burton Road south of the curve be increased from 25 MPH to 35 MPH.
That a new 8 cylinder car, radio and siren be purchased and that the car be clearly marked as a police car and be equipped with a revolving red light on top.
That the next police car normally traded be replaced with an 8 cylinder car similarly marked.
That 6 policemen and 1 desk clerk be added to police department personnel.
On motion of Mr. Mowlds, seconded by Mr. Walls, the traffic recommendations of the committee were approved and the Solicitor ordered to prepare the necessary ordinances.
On motion of Mr. Mowlds, seconded by Mr. Walls, purchase of new equipment and employment of additional personnel as recommended was approved.
MIDGET FOOTBALL LIGHTS
On motion of Mr. Mowlds, seconded by Mr. Zartman, Council authorized a donation sufficient to cover the cost of electricity for lighting midget football practice and playing fields at William henry School and the Dover Pony League Parks.
SEWAGE PLANT
City Manager Ward reported on progress at the sewage treatment plant and the beginning of work by Seybold Engineering Co., contractors.
FOUNTAIN TRAILER
Charles Fountain asked permission of Council to locate a trailer on a plot of land owned by him east of the dual highway. City ordinance forbids location of trailers within the City. On motion of Mr. Mowlds, seconded by Mr. Holpp, the request was denied.
ZONING ORDINANCE AMENDMENT
A proposed amendment to the Zoning Ordinance had been recommended to City Council by the Zoning Commission which provides for establishment of a new zone known as “Industrial Park Manufacturing Zone”. Council had previously declared its intent to provide such zoning in the area where General Foods Corporation will build a new plant, should that area be included within limits of the City of Dover. The proposed amendment requires a public hearing prior to its adoption. On motion of Mr. Walls, seconded by Mr. Mowlds, Council directed that the public hearing on the proposed zoning ordinance amendment be held at its meeting of October 22, 1962, at 8 P.M. Copy of the proposed amendment is attached and made part of these minutes. Due notice of the public hearing will be published.
Council adjourned at 11:20 P.M.
F. Neylan
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of September 24, 1962 are hereby approved.
September 27, 1962 Crawford J. Carroll Mayor