REGULAR MEETING
March 23, 1964
The Regular Meeting of City Council was held Monday, March 23, 1964 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Harris, Hayes, Holpp, Hughes, Massey, Smith and Walls.
MINUTES
Minutes of the meeting of March 9, 1964 were accepted and bore the written approval of Mayor Carroll.
COMMITTEE REPORTS
Councilman Walls submitted a written report of a meeting of the Safety Advisory Committee held March 16 which was accepted.
Councilman Walls submitted a written report of a meeting of the Parks and Playgrounds Committee held March 16 which was accepted.
Councilman Hayes submitted a written report of a meeting of the Legislative & Finance Committee held March 16 which was accepted.
PARKING METER ORDINANCE
The Safety Advisory Committee recommended that parking meters be installed in front of the former Massey Hardware Store. On motion of Mr. Harris, seconded by Mr. Hayes, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE PROVIDING FOR ADDITIONAL PARKING SPACES AND THE INSTALLATION OF PARKING METERS IN CONJUNCTION THEREWITH.
Be It Ordained By The Council Of The City Of Dover In Council Met:
Section 1. That the area located on the west side of Governors Avenue beginning at a point 108 feet north of the intersection of the aforesaid line of Governors Avenue with the northerly right of way line of Loockerman Street, and continuing for a distance of 44 feet from said beginning point shall hereafter constitute space for two (2) parking places.
Section 2. That the proper officers of the said City are hereby empowered to install at said location two (2) parking meters pursuant to the general powers granted to the City of Dover, and in connection therewith shall have the authority to mark off two (2) parking places in a manner prescribed.
Section 3. Regulation of said parking spaces shall be in conformity with the established practice in effect in the City of Dover.
Passed March 23, 1964.
TAR DITCH
The Lincoln Park Community Association requested Council to fill in Tar Ditch through that development and to provide a play area for children. The parks committee recommended that the ditch be filled and will attempt to locate a playground. Councilman Harris discussed the piping of a portion of the Ditch which was done by a property owner who built a home facing Lincoln Street and north of the Ditch. He believes the City should pipe the entire ditch and reimburse the property owner for his cost in piping a portion of it. City Manager Ward also believes the City should pipe the ditch and expressed the hope of getting the State Highway Department to share the cost. On motion of Mr. Harris, seconded by Mr. Holpp, the City Manager, with the help of the City Engineer, was directed to prepare an estimate of the cost of piping Tar Ditch in the Lincoln Park Development with the estimate being used as the basis for calculating what reimbursement should be made to the property owner who piped a portion of it.
CONTRACT #15 - SEWAGE PLANT
Contract #15 is the project providing for construction of secondary treatment facilities at the Sewage Disposal Plant. Bids were once received and all rejected because of a controversy over the low bid. The project was readvertised. Bids were received from Ruth Engineering Co., $1,289,113; James Julian, Inc., $1,298,218; Ross Construction Corp., $1,319,300. Albright & Friel, Engineering Consultants for Dover, have reviewed and approved the bids. James Julian Inc. verbally objected to the low bid, claiming it lacked certain required financial statements. No formal objection has been received. On motion of Mr. Smith, seconded by Mr. Hayes, Council authorized award of the contract to the low bidder, Ruth Engineering Company on their bid of $1,289,113, subject to approval by the City Solicitor. Mr. Holpp, voted ‘No’.
AMBULANCE
Bids were received on the sale of the City ambulance from Torbert Funeral service, $200, and a Mr. Clements, $50.00. On motion of Mr. Hayes, seconded by Mr. Harris, Council authorized sale of the ambulance to Torbert for $200.
WATER TOWER
Rumors were circulating that the elevation of the water tank recently constructed near the General Foods plant differed from other tanks on the City water system preventing it from being filled or causing the other tanks to overflow when it was filled. City Manager Ward reported that the tank had been checked out together with the other tanks and that the elevation of the new tank was correct.
EDGELL ZONING
A public hearing was duly advertised for this date on a request of Louis Edgell to rezone an area in the vicinity of Pear and Mary Streets from R-8 to Manufacturing. Mayor Carroll declared the hearing opened. Mr. Edgell appeared to speak stating that he desired to erect his construction office on a portion of the land, to use a portion for parking, and that other portions were used for parking and storage of construction materials, uses not conforming the R-8 requirements, and that the area already adjoined a manufacturing zone. Representatives of Beth Shalom synagogue appeared in opposition to the request stating that their synagogue and school had been recently located in the area because it was zoned for residential use, and that permitting manufacturing use would depreciate their property and encourage others to apply for the same use. Even if Edgell used the area in the least offensive manner there was no guarantee of what future use would be. They stated they had no objection to the erection of an office building and thought that some zoning designation other than manufacturing would be satisfactory. A letter from a adjoining property owner, Mrs. Margaret D. Tomlinson, also objected to the proposed zoning change. The Planning Commission recommended approval of the change and asked whether some provision could be made for extension of Kirkwood Street through the area as provided in the Master Plan. Mr. Edgell stated he could find no other zoning classification which would permit the operation of his construction business. Council considered the matter at length and in an attempt to satisfy all parties decided that the area to be rezoned would be limited to that portion of the Edgell property fronting on Mary Street to a depth equivalent to that of the present equipment yard which is already zoned for manufacturing use.
On motion of Mr. Harris, 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 BE CHANGING THE ZONING DESIGNATION OF AN AREA ON MARY STREET FROM R-8 to MANUFACTURING USE.
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-8 to Manufacturing in a plot located on the north side of Mary Street between Kirkwood Street extended and Pear Street,
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-8 use to Manufacturing use the following plot:
All that area located within the City of Dover beginning at a point east of Pear Street where the northerly right of way line of Mary Street intersects with the easterly line of lands of Edgell Construction Company presently zoned for Manufacturing use, thence in an easterly direction with the northerly right of way line of Mary Street to a corner for lands of Edgell Construction Company and lands of Margaret D. Tomlinson, being also the extension of the westerly right of way line of Kirkwood Street, thence in a northerly direction with lands of Tomlinson and the said extension of the westerly right of way line of Kirkwood Street to a depth equal to that of lands of Edgell Construction Company presently zoned for Manufacturing use, thence in a westerly direction on a line parallel to Mary Street to a point in the northeasterly corner of lands of Edgell Construction Company now zoned for Manufacturing use, thence with said lands in a southerly direction home to the place of beginning.
Passed March 23, 1964.
CHICKEN FESTIVAL
Charles L. Peck, William H. Rodney and Ann Nesbit appeared before Council to discuss what would be required of Dover should the Chicken Festival be held in this City in 1965 or 1966. Mr. Peck stated that the first requirement was enthusiasm on the part of the community because a great amount of hard labor was required to make the affair successful. The cooperation of the City government and all civic organizations is necessary. This year in Easton there are 35 committees functioning with as many as ten individuals on each committee. Providing for the cooking contests is a primary requirement, with publicity, accommodations for contestants and guests from all over the nation, decorations, a beauty contest, a closing banquet, a parade which is usually a desire of the community, and such other activities as the community desires to undertake. John Pugh and Bud Golder expressed the willingness of the Chamber of Commerce to cooperate fully. On motion of Mr. Holpp, seconded by Mr. Hayes, Council extended to the Chicken Festival Committee of the DPIA an invitation to hold the 1965 Chicken Festival in Dover, Delaware.
PARKING METER PETITION
A petition signed by Loockerman Street merchants requested the City to be less severe in enforcement of parking regulations, to provide boxes on parking meters for deposit of fines, and increase in the fine to 25¢. On motion of Mr. Hayes, seconded by Mr. Biggs, the petition was referred to the Safety Advisory Committee.
BOOK FAIR BANNER
The Junior Chamber of Commerce requested permission to erect a banner across State Street in the vicinity of the Library to advertise the Jay Cee-PTA Book Fair, April 6 to 10. On motion of Mr. Harris, seconded by Mr. Massey, Council approved the request with erection of the banner to be in a manner approved by the City Manager.
HEDGE ORDINANCE
A proposed ordinance limiting the height of hedges at street intersections was tabled for further revision.
SOLICITOR RESOLUTION
On motion of Mr. Hayes, seconded by Mr. Biggs, Council by unanimous vote adopted the following resolution relating to a salary for the City Solicitor.
RESOLUTION SETTING FORTH THE SALARY FOR THE CITY SOLICITOR OF THE CITY OF DOVER.
WHEREAS, the Mayor and Council of the City of Dover have deemed it advisable to retain the services of the City Solicitor on an annual basis, and
WHEREAS, the fees for said services have been agreed upon by the Mayor and Council of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Solicitor of the City of Dover shall receive as compensation for services rendered the amount of $5,000.00 payable quarterly in advance.
2. The above fee shall not include any services rendered in connection with any litigation or research in connection with said litigation and it shall be understood that said services referred to in paragraph 2 shall be paid unto the City Solicitor at a rate of $30.00 per hour, but shall include all other services, effective with the term beginning February, 1964.
Adopted March 23, 1964.
CURB DEPRESSION
The Baptist Church requested permission to depress a 20' section of Curb on North Bradford, above Division Street, to provide entrance to their parking lot. On motion of Mr. Hayes, seconded by Mr. Walls, the request was approved.
WOODCREST ZONING
A public hearing has been held on a proposal to rezone a portion of a development known as Woodcrest, located north of Walker Road, from R-20 to RG-2. Following the hearing action on the proposal had been deferred. The developers have asked that Council act on the rezoning. The rezoning was opposed by the Dover Planning Commission because of the nearby location of a propane gas plant and the Dover Power Plant. Walter Ellis, speaking for the developers of Woodcrest, stated that the proposed apartments would be built about 500 feet from the gas plant. Councilman Hayes asked about the paved streets within the development which are planned with a paved width of 38 feet at the apartment sites and at 28 feet on most other streets. Mr. Ellis stated the developer was agreeable to constructing all streets within the development so that the paved surface would have a uniform width of 32 feet, except an entrance road with 80 feet of right of way planned with a divided roadway each having 24 feet of paved surface. A plot of the development indicated that the nearest single family home would be approximately 400 feet from the nearest property line of the gas plant. The developer is agreeable to limiting the apartment zone to that minimum distance from the gas plant property. Mr. Ellis stated that the developer would give the City a written agreement providing for the 32' street widths and the erection of no structures within 400' of the nearest property line of the gas plant.
On motion of Mr. Harris, seconded by Mr. Biggs, Council by vote of 7 to 0 passed the following ordinance, Mr. Massey not voting, with the understanding that the rezoning would be effective when a written agreement is provided the City by the developer:
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF A PORTION OF A DEVELOPMENT KNOWN AS WOODCREST FROM R-20 TO RG-2.
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-20 to RG-2 of an area in a development north of Walker Road known as Woodcrest,
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-20 use to RG-2 the following plot:
All that area north of Walker Road within a development known as Woodcrest bounded on the east by Woodcrest Drive, on the west by a driveway or road leading to the Municipal Power Plant on the City of Dover, on the north by an area now zoned for R-8 use beginning with lot No. 44, and on the south by a line drawn in a general east west direction between the above-mention driveway or road and Woodcrest Drive beginning at a point on the road approximately 400 feet from the nearest property line of Suburban Propane Gas Company.
Passed March 23, 1964.
Council adjourned at 10:35 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of March 23, 1964 are hereby approved.
Crawford J. Carroll
Mayor
March 26, 1964