REGULAR MEETING
November 23, 1964
The Regular Meeting of City Council was held Monday, November 23, 1964 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Harris, Hayes, Holpp, Massey and Walls.
The invocation was said by the Rev. Robert H. Parker, President of Wesley College.
MINUTES
Minutes of the meeting of November 9, 1964 were accepted and bore the written approval of Mayor Carroll.
UTILITY REPORT
Councilman Holpp presented a written report of a meeting of the Utility Committee held November 11, 1964.
SUBSTATION PURCHASE
The Utility Committee recommended Council approval of the purchase of two used 3150 Transformers for needed substation capacity at a cost of approximately $16,000. Cost of the equipment new would be approximately $40,000. The equipment, now in use, would be inspected and tested prior to purchase. Councilman Hughes questioned the appropriateness of purchasing used equipment. It was explained that the useful life of such equipment was 25 years or more, that one transformer had been in use 8 years, that one had recently been rewound, that the equipment was now in use and would be tested prior to purchase. On motion of Mr. Holpp, seconded by Mr. Hayes, Council authorized the purchase.
RAILROAD SIDING
The Utility Committee recommended that Council approve construction of additional railroad siding at the McKee Run plant so that more railroad cars could be handled at one time. These facilities would permit bulk purchase of coal at reduced freight rates. The estimated cost of construction is $16,000 and estimated savings on freight would repay the cost in two years. On motion of Mr. Holpp, seconded by Mr. Hayes, Council authorized construction of the additional siding.
WAGES AND HOURS COMMITTEE
Councilman Hayes reported on a meeting of the Wages & Hours, Legislative & Finance Committee held November 16, Council accepted the report.
The committee recommended that the audit of William Manter, CPA, be accepted and that the City Manager be directed to correct any deficiencies noted in the report. On motion of Mr. Hughes, seconded by Mr. Harris, Council approved the recommendation of the Committee.
The committee recommended that a job classification be established for a Sewage Plant Superintendent who is a qualified Sanitary Engineer, in Grade XVI, with weekly salary ranging from $155 to $215. On motion of Mr. Walls, seconded by Mr. Biggs, the recommendation was approved.
ZONING ACME
W.L. Wheatley requested that Council rezone from RG-1 to C-2 use the Acme Market parking lot between Governors Avenue and New Street and the Hartnett property purchased by Wheatley behind the Acme Market and fronting on New Street. The Acme Market is now zoned C-2. A public hearing is required prior to any zoning change.
On motion of Mr. Harris, seconded by Mr. Walls, 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 between Governors Avenue and New Street adjoining the Acme Market is presently zoned for general residential use, RG-1, and
WHEREAS, a request has been submitted to City Council to change the zone designation from RG-1 to Central Commercial, C-2, 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 December 14, 1964 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would change from RG-1 to C-2 use that area adjoining the Acme Market between Governors Avenue and New Street comprising the present parking area of the Acme Market and lands fronting on New Street, now or formerly of John A. & Margaret Hartnett.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted November 23, 1964.
The request was also referred to the Planning Commission for recommendation.
ZONING MID*DEL
Archie Brittingham, President of Lewes Dairy, requested Council to rezone from R-8 to C-1 use a plot of land fronting on Mitscher Road immediately adjoining former lands of Mid-Del Realty fronting on White Oak Road now zoned for C-1 use. A public hearing is required prior to any zoning change.
On motion of Mr. Hayes, seconded by Mr. Harris, Council by unanimous vote adopted the following Resolution and referred the request to the Planning Commission for recommendation:
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 lot on Mitscher Road south of White Oak Road adjoining lands now or formerly of Mid-Del Realty is presently zoned for residential use, R-8, and
WHEREAS, a request has been submitted to City Council to change the zone designation from R-8 to Neighborhood Commercial, C-1, 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 8:15 P.M. on December 14, 1964 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would change from R-8 to C-1 use that plot of land on the east side of Mitscher Avenue, with frontage of 50 feet on Mitscher Avenue and a depth of approximately 102 feet, and immediately adjoining lands now or formerly of Mid-Del Realty located on the southeast corner of White Oak Road and Mitscher Road.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted November 23, 1964.
WESLEY COLLEGE PARKING
Wesley College requested permission to indent the curb on the south side of Cecil Street between State Street and Bradford Street to provide for angle parking and adjoining their proposed new Science Building. The Chief of Police considers such parking unsafe although it is already being done at other nearby Wesley Buildings. On motion of Mr. Harris, seconded by Mr. Biggs, the request was approved.
WALKER CANOPY
Walker’s Jewelry plans to move into the former Aileen Shop at Loockerman & Governors Ave. and asks permission of City Council to erect a canopy or marquee which will extend approximately 5 feet over the sidewalk from both sides of the building. On motion of Mr. Hayes, seconded by Mr. Biggs, the request was approved providing the construction is approved by the City Engineer and the Building Inspector.
AMISH PARKING
Martin Berglund, speaking for the Dover Parking Authority, offered space for parking of Amish vehicles on the Authority’s South New Street lot provided the City erects the posts and chain for hitching horses. On motion of Mr. Walls, seconded by Mr. Hayes, the offer was accepted.
ANNEXATION
A referendum was held Saturday, November 21, 1964 on the question of annexing to the City lands formerly of Coty, Inc. and a portion of the lands of H. Baxter McKee. The election officials of Kent County who conducted the election certified to Council the results of the election to be as follows: For inclusion within the City 81 votes; Against inclusion within the City 0 votes.
ANNEXATION RESOLUTION
On motion of Mr. Biggs, seconded by Mr. Hayes, Council by unanimous vote adopted the following resolution annexing the area to the City:
RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER
WHEREAS, an Amendment to the Charter of the City of Dover authorizes the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of The City of Dover deem it in the best interest of the City of Dover to include an area as hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held on the 21st day of November, A.D., 1964, for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, there were 81 votes cast for the inclusion within the City of Dover of the hereinafter described lands and no votes against the inclusion within the City of Dover of the hereinafter described lands, and
WHEREAS, the aforementioned Amendment to the Charter of the City of Dover provides that if a majority of the votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing the said territory and including the same within the limits 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 the following described area shall be annexed to and included within the limits of the City of Dover:
ALL those certain pieces, parcels or tracts of land lying and being adjacent to The City of Dover, East Dover Hundred, Kent County and State of Delaware, and being more particularly described as follows, to wit:
BEGINNING at a point in the center of McKee Run and in the easterly right of way line of the Delaware Railroad and at a corner of lands of The City of Dover; thence in a northerly direction with the easterly right of way line of the Delaware Railroad to the southerly right of way line of College Road; thence with the southerly right of way line of College Road in a southwesterly direction and crossing McKee Road to a line dividing the lands of H. Baxter McKee from lands of the Kilson Estate; thence with this said line in a southeasterly direction to McKee Run; thence with the said McKee Run and separating the lands of H. Baxter McKee from the lands of William P. and Harry A. Richardson in a northeasterly direction to the easterly right of way line of McKee Road; thence with the said easterly right of way line of McKee Road in a southeasterly direction to a property line dividing the lands now or late of Coty, Inc. from the lands of Northwest Dover Heights, now a part of The City of Dover, thence with the said Coty, Inc. line in a northeasterly direction to a point in the easterly right of way line of the Delaware Railroad and in line of lands of The City of Dover; thence with the easterly right of way line of the Delaware Railroad and with lands of The City of Dover home to the place of beginning, be the contents thereof what they may.
2. That a certified copy of this Resolution of annexation together with a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County.
3. That the above described area so annexed and included within the limits of the City of Dover shall for all purposes beginning with the effective date of this resolution be a part of the City of Dover.
4. The effective date of this Resolution shall be the 24th day of November, 1964 at 12:01 A.M. o’clock.
Adopted November 23, 1964.
ROSS STREET
Council again considered the problem of paving Ross Street. The Court of Chancery had supported the position of the City that the street should be paved to a width of 38 feet. City Solicitor Buckson had a transcript of a portion of the proceedings and noted that his office had been unable to obtain a transcript of the first hearing. The transcript available referred to a previous decision that Robino, the developer, should make no settlements for property on Ross Street until the court had rendered a decision on the width of the street. Property owners on Ross Street were present at the meeting. Solicitor Buckson informed them he could give them no advice other than to seek it from the attorney who represented them at the time of purchase of their property. Property owners present made their point that they were aware that the position of the City on widening the street had been sustained by the Court, that they would directly effected by this act if carried through, that the value of their properties would be depreciated, that only the City Council could now decide not to widen Ross Street to 38 feet, and that they were appealing to the Council to approve paving of Ross Street to a width of only 28 feet. Council’s position is that only one house on the north side of Ross Street was occupied when court action was begun, that action had been taken to insure that later buyers were informed of the possible widening of the street, and that Council’s action followed the subdivision regulation prohibiting street jogs. Councilman Hughes stated he had voted against Council’s actions which opened the street and ordered it widened, approved by the majority, and therefore did not feel free to move that the 28 foot width be retained, although he would vote for such action upon motion of any other Councilman. Mayor Carroll asked whether any Councilman desired to make a motion rescinding its action of October 26, 1964 directing that the widening of Ross Street be carried out in accordance with the Court decision. No motion was forthcoming.
LYNNHAVEN DEVELOPMENT
Acting City Manager Neylan told Council that the State Water Pollution Commission had informed the City of a proposed development on the west side of U.S. Route #13 immediately north of Delaware State College, with proposed construction of 172 houses, 144 apartments, a 200-unit motel, a restaurant, and a shopping center. Water and sewer, including sewage treatment, would be furnished the development by a private utility organized for the purpose. The Water Pollution Commission has under consideration the developer’s plan for sewage treatment with the effluent from the treatment emptying into a stream which flows into Silver Lake. Mr. Bryson of the Pollution Commission has stated that the proposed treatment would create conditions in Silver Lake which would prohibit swimming in that water. The developers have made no requests for sewer or water facilities from the City of Dover. A representative of Richardson Associates, engineers for the development, was present at the meeting and outlined plans for sewer and water. He answered questions concerning the proposed utility company and treatment facilities. The developer’s first step would be the construction of a limited number of homes with limited sewer and water facilities to serve these. He claimed that sewage treatment could be provided which would have no effect on Silver Lake. City Solicitor Buckson pointed out the risk involved in the successful and continued operation of a private utility. Councilmen expressed their opposition to permitting any treated sewage to go into Silver Lake. Mayor Carroll expressed concern at any private use of underground water which now provides Dover’s needs. On motion of Mr. Hayes, seconded by Mr. Walls, Council voted unanimous opposition to permitting the effluent of any sewage treatment from entering Silver Lake. The developer’s engineer will meet with Dover’s Utility Committee to further explain treatment plans.
CORPORATION TRUST PARKING
The Corporation Trust Co. requested permission to depress a curb on Bank Lane to permit entrance to a small parking area they propose to provide in the rear of their building on The Green at Bank Lane. On motion of Mr. Hayes, seconded by Mr. Biggs, the request was approved provided the parking area is large enough to permit vehicles to turn without backing into the street, and meets the approval of the Planning Commission.
GARDEN COURT SEWER
The City of Dover had posted $1000 to secure right of way for a sewer line across lands of Garden Court apartments. That company offered to settle the dispute out of court for an additional sum of $1000. On motion of Mr. Holpp, seconded by Mr. Hayes, Council authorized the City Solicitor to settle with Garden Court for a sum not to exceed a total of $2000.
Council adjourned at 9:45 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of November 23, 1964 are hereby approved.
Crawford J. Carroll
Mayor
November 25, 1964