REGULAR MEETING
December 2, 1963
The regular meeting of City Council scheduled for November 25, 1963 was postponed until December 2 because of the assassination of President John F. Kennedy on November 22 and his burial on November 25. The postponed meeting of City Council was held on December 2, 1963 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Harris, Hayes, Hill, Holpp, Hughes, Smith and Walls.
MINUTES
Minutes of the meeting of November 11, 1963 were accepted and bore the written approval of Mayor Carroll.
SAFETY COMMITTEE
Councilman Hill submitted a written report of the meeting of the Safety Advisory Committee held November 13. The report was accepted.
On motion of Mr. Hughes, seconded by Mr. Walls, the City Solicitor was directed to prepare an ordinance banning parking in one space on the east side of State Street immediately north of The Green and in two spaces on the east side of State Street just south of the Court Street exit from the Green. Mr. Smith voted ‘No’.
On motion of Mr. Hill, seconded by Mr. Walls, The Clerk of Council was named the party responsible for notifying City officials of future Council directives requiring action by them.
PARKS COMMITTEE
Councilman Walls submitted a written report of the meeting of the Parks, Playgrounds and Tree Committee held November 13. The report was accepted.
The Bank of Delaware offered the City the large magnolia tree located on their grounds provided the City move it to another site. Cost of moving and site selection was discussed. On motion of Mr. Holpp, seconded by Mr. Smith, Council directed that City forces move the tree and relocate it on a plot owned by the City at Pennsylvania Avenue and Division Street. Mr. Hayes voted ‘No’.
HOLDEN ALLEY
William Holden requested Council to abandon a portion of a certain alley located in a development known as Westwood Place. The request was advertised for public hearing on November 25, 1963. That meeting was postponed and duly advertised December 2, 1963. Mayor Carroll declared the hearing opened. No one appeared to object to abandoning or vacating the portion of alley advertised. On motion of Mr. Hill, seconded by Mr. Biggs, Council by unanimous vote adopted the following Resolution:
A RESOLUTION VACATING AND ABANDONING A PORTION OF A CERTAIN ALLEY 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 hereby vacates and abandons the following described portion of an alley 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 B. Welch, Inc. and Lot No. 1, as shown on said plot, extending from Forrest Street in a southerly direction for a distance of 92.5 feet.
Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid alley no compensation is awarded.
Passed December 2, 1963.
ROBBINS HOSE COMPANY ELECTION
The committee of Council appointed for the purpose reported the results of the nominating election of the Robbins Hose Company held November 18, 1963 to be as follows:
1st Asst. Chief - Wilson R. Comegys Jr. 32 Votes
William H. Rhodes 10 votes
FIRE CHIEF ELECTION
On motion of Mr. Hayes, seconded by Mr. Smith, Council by unanimous vote elected the following as Fire Chiefs of the Robbins Hose Company for the year 1964:
Fire Chief: Jack T. Roe; Deputy Chief: William T. James; 1st Asst. Chief: Wilson R. Comegys Jr.; 2nd Asst. Chief: Robert E. Quillen; 3rd Asst. Chief: Robert T. Faries.
ANNEXATION REFERENDUM
The election officers of the Second Representative District of Kent County certified to City Council the results of the referendum election on annexation of an area north of Kings Highway and west of U.S. Route #13, held November 16, 1963 between the hours of 1 P.M. and 7 P.M. to be as follows:
FOR Annexation 699 Votes
AGAINST Annexation 370 Votes
On motion of Mr. Hill, seconded by Mr. Hayes, the certification was accepted.
ON MOTION OF Mr. Hayes, seconded by Mr. Hill, Council by unanimous vote adopted the following Resolution of Annexation:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER
WHEREAS, a recent amendment to the Charter of the City of Dover authorized 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 deemed 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 16th day of November 1963, for the purpose of submitting the question of annexation of the following described within the limits of the City of Dover, and
WHEREAS, there were 699 votes cast for the inclusion within the City of Dover of the hereinafter described lands and 370 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 same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED:
1. That the following described area shall be annexed to and included within the limits of the City of Dover:
ALL those certain lots and parcels of land lying and being in East Dover Hundred, Kent County and State of Delaware and being bounded on the south by Kings Highway Northeast and on the east by U.S. Route 13 and on the north by East Lake Gardens and others and on the west by Silver Lake and being more particularly described as follows, to wit:
BEGINNING at the intersection of the southerly right of way line of Kings Highway Northeast with the easterly right of way line of U.S. 13; thence in a northerly direction with the said easterly right of way line of U.S. 13 to a point opposite the property line between the properties of Silver Lake Improvement Co. and Vernon B. Derrickson; thence crossing the said U.S. 13 to the above said property line; thence in a northerly and westerly direction with the following properties but excluding them from this description: Vernon B. Derrickson; thence Vineta Hotel Operating Co. Inc.; thence Towne Point Motel Inc. to the southerly property line of East Lake Gardens; thence with the said East Lake Gardens in a westerly direction to the high water mark of Silver Lake now the limits of The City of Dover; thence with the said high water mark in part and the City limits of The City of Dover in a southerly direction to the southerly right of way line of Kings Highway Northeast; thence with the said right of way line of Kings Highway Northeast home to the place of beginning.
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 3rd day of December 1963 at 12:01 A.M. o’clock.
Adopted December 2, 1963.
ZONING MAP AMENDMENT REQUEST
Max Terry, Attorney for the owners of the former Hotel Richardson site presented a request to Council asking that the area be rezoned from RG0 to C-2 Commercial. On motion of Mr. Hayes, seconded by Mr. Hill, 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, certain lands located at the intersection of Kings Highway, also known as King Street, and South State Street and known as the Richardson Hotel property is currently zoned RG0, and
WHEREAS, a request was submitted to change the designated zone from RG0 to C-2, and
WHEREAS, it is deemed in the best interest of proper zoning and planning that all lands in the above described area be rezoned.
NOW, THEREFORE, BE IT RESOLVED:
That the zoning ordinance and the zoning map be amended as hereinafter set forth and that a public hearing on the proposed amendment be held on the 23rd day of December, 1963, at City Hall at 8:00 P.M. and that notice thereof be given in accordance with the provisions of the Delaware Code, to wit:
All that certain lot, piece or parcel of land lying just north of the intersection of Kings Highway and South State Street immediately north of the crossover separating the lands to be rezone from the memorial plot, being bounded on the north by lands of William E. and Pauline C. Hallett, and including the lands of the former Richardson Hotel property.
That the zoning map be amended to reflect the change in the zoned area.
Adopted December 2, 1963.
B & B MOTORS BUILDING
B & B Motors requested permission to move a frame building approximately 8'x8'x9' and locate it on their business property at Loockerman Street and U.S. Route #13. On motion of Mr. Hayes, seconded by Mr. Hughes, Council directed that a public hearing be held on the request as required by ordinance on Monday, December 23, 1963 at 8:15 P.M.
BUS CENTER ZONING
A request was received from the Dover Travel Center to rezone an area south of Court Street and west of U.S. Route 113 from its present R-20 zone to C-4 zone. On motion of Mr. Hill, seconded by Mr. Hayes, 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 NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, Certain lands consisting of approximately 5.7 acres located west of U.S. Route 113 and north of a proposed extension of Water Street in the City of Dover is presently zoned for residential use, R-20, and
WHEREAS, a request was submitted to change the zone designation from R-20 to Highway Commerce Zone, C-4, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Ordinance or Zoning Map.
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 8:30 P.M. on December 23, 1963 on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover which would rezone from R-20 use to C-4 use the following described area in the City of Dover:
All that area containing approximately 5.7 acres bounded on the east by U.S. Route 113, on the south by a projected extension of Water Street, on the west by Martin Street, and on the north by the present C-4 Zone adjoining Court Street.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted December 2, 1963.
NORTH STREET
Council discussed the improvement of North Street from the railroad east to New Street, to Governors Avenue, and to Federal Street. A map prepared by the City Engineer contained a proposal for widening the street on the south side from the railroad to New Street. The estimated cost, including acquisition of property was $107,205. Discussion concerned traffic volume, direction of traffic flow, the possibility of widening the street on the north side, and the availability of funds to pay for the improvements.
On motion of Mr. Harris, seconded by Mr. Hughes, the project was referred to the Legislative and Finance committee to study the possibility of financing.
Sewer and water lines are now being installed in North Street between New Street and the railroad and the project is so far completed that resurfacing can soon begin. The contract calls for resurfacing the street to its original condition, which was concrete. The estimated cost of this resurfacing under the contract is $12,000. Council discussed the advisability of putting a more temporary surface on the street at less cost until the matter of complete improvement and widening of the street is determined. On motion of Mr. Harris, seconded by Mr. Biggs, Council directed that a temporary resurfacing be put on North Street rather than concrete.
ANNEXED AREA
On motion of Mr. Hayes, seconded by Mr. Harris, the Planning Commission was asked for their recommendation of zoning of the area just annexed to the City north of Kings Highway by the Council meeting of December 23.
CONTRACT #10
City Manager Ward reported that Contract #10, Hazlettville Road sewer was about completed and that change orders were required. Difficulties were encountered in drilling under the railroad at North Street which were not anticipated which called for a change order increasing the cost of that item by $6394.32. The initial estimated cost of the entire project was $49,888.50, be even with the change order the entire cost would come to only $48,987.32. He asked Council to approve issuing the change order. On motion of Mr. Hughes, seconded by Mr. Walls, the order was approved.
SUBDIVISION REGULATIONS
Mayor Carroll appointed the chairmen of the four committees of Council to study and recommend changes to the Land Subdivision Regulations, reporting back as soon as possible.
TOWN POINT AND WHITE OAKS
Bids were received from four firms on the installation of a 12" sewer line and 10" water line through the White Oaks development, north of the White Oak Road, to the Town Point development. Low Bid was received from Edgell Construction Co. in the amount of 439,095.60. On motion of Mr. Hayes, seconded by Mr. Smith, Council accepted the low bid. The developers of Town Point have offered to advance the funds required to construct the lines at no interest for two years provided they are reimbursed by the City those portions of the cost which are to be paid by the City and the developers of White Oak Farms, Pullella & Baldini. Herman Brown, Attorney for P&B appeared before Council to explain the position of his clients. He stated that his clients would like a definite agreement of what their share of the water and sewer lines would be, and agreement on the manner in which the sharing of costs of a sewage pumping station to serve Towne Point, White Oak Farms, and other sections of the City, would be determined. He pointed out that Towne Point had advertised the construction of 600 homes and disputed the position that the development should pay utility construction costs based only on 200 homes. His client also believed that greater excavation and depth costs should be considered and not merely the difference in cost of 8" and 12" sewer pipe. Greater depth costs would also apply to the pumping station. Bids for the pumping station are due to be opened on December 9. Mr. Hutchison, speaking for Towne Point, stated that the portion of the development containing only 200 homes is all that has been approved by the Planning Commission, and that the lands zoned for apartment use and possible construction of other homes in the future is not under the same ownership. He also pointed out that when and if additional homes are constructed the sewage pumping station must be enlarged at the expense of the builder of those homes. Mr. Brown stated he was available to represent his client at any meeting which might be held. Long discussion followed with no decision on a basis for establishing proportionate costs.
Council adjourned at 10:55 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of November 25, 1963 are hereby approved.
Crawford J. Carroll
Mayor
December 5, 1963