REGULAR MEETING
November 11, 1963
The Regular Meeting of City Council was held Monday, November 11, 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 October 28, 1963 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police was accepted as read.
Report of the Alderman Cavanaugh was accepted. Checks in the amounts of $961.10, $189.00 and $75.00 were remitted to the City. Report of Magistrate Knotts was accepted. A check in the amount of $682.50 was remitted to the City.
Report of the Fire Marshal and Building Inspector was accepted with the exception of items below requiring separate action of Council.
Report of the Board of Health was accepted as read.
Report of Cash Receipts, General Fund was accepted.
Budget Report, General Fund, was accepted.
Cash Report, Electric Revenue Fund, was accepted.
Cash Report, Electric Improvement Fund, was accepted.
A supplementary audit report from William Manter was received, and its acceptance deferred pending study by Council.
Report of the City Manager was accepted.
HALPERN DRIVEWAY
Harold Halpern, O.D., of H&F Corporation, requested permission to depress a curb at 129 S. Bradford Street to provide a driveway entrance to parking area in the rear, with exit by way of an alley. On motion of Mr. Hill, seconded by Mr. Biggs, Council approved the request for the curb depression with the provision that Bradford Street be used for entrance only.
HARMAN OIL TRAILER
Jesse A. Harmon requested permission to erect a portable mobile home type prebuilt office structure, 10' x 50', on the Harman Oil Co. lot at Division and West Streets. An ordinance forbids such portable homes within the City. On motion of Mr. Hayes, seconded by Mr. Hill, the request was denied.
AUDIT
On motion of Mr. Holpp, seconded by Mr. Hayes, the City Manager was authorized to publish the annual audit report of the City of Dover.
UTILITY COMMITTEE
Councilman Holpp submitted to Council a report of a meeting of the Utility Committee held November 4. He reported that turbine generator #1 and Boiler #1 at the McKee Run plant were inspected and were returned to the line on November 10. Operation of the St. Jones plant was terminated on the 10th. During the operation of the latter plant the Union boiler was found to be in need of repairs which would be costly if made. Jack Butner and George Barone answered questions relating to the generating plants. The report of the Committee was accepted.
TOWNE POINT UTILITIES
Gordy Enterprises, developing the Towne Point tract want City sewer and water utilities available by December 1. To reach their development sewer and water lines must be extended from the White Oak Road across a development of P&B Builders. The need of the latter for the utilities apparently is not so immediate. A proposed agreement was presented to Council under which the Gordy organization would construct sewer and water lines across the P&B tract with the understanding that they would be reimbursed that portion of the cost of the lines which should be borne by P&B Builders. The advance of funds would be without interest charges for the first 24 months. Both areas will be served by a sewage pumping station on which the City will soon obtain bids. Any temporary sewage treatment facilities will be constructed at the expense of the developers. A representative of P&B Builders stated they were not aware of the details of the Gordy proposal. He also stated they had not yet received answers to certain questions asked the City Engineer in a recent letter. Lengthy discussion followed between representatives of Gordy, P&B Builders and members of Council. On motion of Mr. Hughes, seconded by Mr. Hayes, the matter was tabled. Mr. Harris voted ‘No’. A meeting will be held between representatives of Gordy, P&B Builders and City officials, in an attempt to work out the problem.
HARRIMAN RIPLEY
Council discussed a proposed agreement with Harriman Ripley & Co., Inc. of New York under which that firm would conduct a study of the feasibility of refinancing the Electric Revenue Bonds of the City of Dover with the City obligated only to consider and approve or reject a proposal from that firm to purchase such refunding bonds should they be offered. On motion of Mr. Harris, seconded by Mr. Holpp, Council by unanimous vote adopted the following Resolution authorizing such action at no expense to the City:
RESOLUTION SELECTING HARRIMAN RIPLEY & CO. INC., AS INVESTMENT BANKERS
WHEREAS, there is a definite trend in the reduction of electrical rates for the purpose of encouraging greater use of electrical energy; and
WHEREAS, The City of Dover desires to maintain its competitive position with such trend, thereby encouraging increased electrical use within its franchised territory; and
WHEREAS, The City of Dover finds that Section 502, Paragraph b, of Article V of a Resolution adopted May 9, 1960 by The City of Dover authorizing and securing electric revenue bonds is restrictive and contrary to the best interests of the City and its electric consumers with regard to the reduction of electric rates; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER that Harriman Ripley & Co., Inc. be hereby selected as investment bankers for The City of Dover to design a financial program which will enable the City to reduce its electric rates, and should such a financing program require the issuance of refunding bonds, that the Council consider and approve, or reject, a proposal to be submitted by Harriman Ripley & Co., Inc. to purchase such refunding bonds.
Adopted November 11, 1963
ROBBINS HOSE CO.
The Robbins Hose Company reported that the following were nominated for Fire Chiefs of the company:
Chief Jack T. Roe
Deputy Chief William T. James
Assistant Chief Wilson R. Comegys Jr.
William H. Rhodes
Assistant Chief Robert E. Quillen
Assistant Chief Robert T. Faries
Because there is a contest for one position an election will be held at the Fire House on Monday, November 18, between 7 and 9 P.M. With approval of City Council, Mayor Carroll named Councilmen Walls, Harris and Holpp to conduct the election. Councilman Hughes was named as alternate.
DOVER STREET
Ed Voshell of Voshell Brothers welding company appeared before Council to object to a recent ordinance which banned parking on the south side of Dover Street between Governors Avenue and Bradford Street. He stated he had no off-street parking space available and that the banning of street parking would force him out of business. On motion of Mr. Hill, seconded by Mr. Hayes, the matter was referred to the Safety Committee.
SEGALL PARKING
Dr. Albert M. Segall requested a reserved parking space in front of his office at 128 S. Bradford Street. A previous request had been denied. He stated that he was the only doctor in the City who was denied the space. Council discussed the matter and several instances of abuse of the privilege were pointed out. On motion of Mr. Harris, seconded by Mr. Harris, Dr. Segall was granted one parking space, by vote of 6 to 2. Messrs. Hill and Holpp voted ‘No’.
RODNEY VILLAGE
Rodney Village Civic Association is holding a meeting at the Hi-De-Ho Restaurant, Thursday, November 14, at 8 P.M. to again discuss the possibility of being annexed to the City of Dover. Representatives of the City are invited to attend the meeting. Councilmen Holpp and Walls and City Clerk Neylan will attend.
WOODCREST ZONING
A public hearing had been advertised for rezoning a portion of the Woodcrest development from R-20 to RG-2, and on other zones. Hearing on that portion to be rezoned RG-2 had been continued to this date. Mayor Carroll declared the hearing opened. Frank Gentile Jr. spoke for the developers. He stated that the developers desired to modify the original RG-2 request so that the area in question would begin at a distance of approximately 560' from the Suburban Propane Gas tanks rather than some 200 plus feet and that the proposed apartments would be located well outside any distance restrictions he could find, and that there was no difficulty obtaining insurance, although his insurance broker preferred not to testify at a zoning hearing. He also stated the project had FHA approval. David McCue, Planning Commission Chairman, stated that additional information had been sought as suggested by Council at the original hearing, and that Bernard Hessler, Attorney and Edward Moore, Planner from the University of Delaware, would speak for the Planning Commission. The Planning Commission opposed RG-2 zoning at this site. Mr. Hessler introduced newspaper articles and correspondence from Superior Propane Limited in Toronto, Canada where a gas explosion took place in August, 1962. The Gas Company wrote that their policy is not to erect a gas storage plant within 1000 feet of residential areas. Letters from the State Highway Department related to access roads to the development. A letter from the State Planner related to overall planning for the site. Copy of a report from Roy F. Weston, Inc., Planning Technicians advised that no structure should be built within 500 or 600 feet of the City electric plant, that a 500 foot park zone adjoining that plant would be the preferred zoning, and that the higher density apartment units should be located the greatest distance from the electric plant, within the development, rather than adjoining as now planned by the developers. Copy of a letter from Harry F. Camper of the Delaware Air Pollution Authority pointed out that air pollution and noise problems would be created with the construction of this development immediately adjoining the electric plant. Mr. Hessler cited court decisions which held that residential and apartment zoning immediately adjoining industrial zoning was unreasonable and arbitrary. Edward Moore, University of Delaware Planner, stated his first choice would be to zone the area as industrial park, and his second choice would be to extend plant and zone for C-3 use an area at least 300 feet wide to the east of the street. Councilman Hayes questioned the proposed width of certain streets within the development. General discussion relating to the development followed. Mr. Hayes, seconded by Mr. Holpp, moved that the area be zoned as R-20. Mr. Harris, seconded by Mr. Biggs, moved that the motion be tabled and Council approved tabling by vote of 5 to 3, Messrs. Hayes, Holpp and Hughes voting ‘No’. Mr. Harris, seconded by Mr. Biggs, moved that action be deferred and Council approved the motion by vote of 7 to 1, Mr. Hughes voting ‘No’.
ABANDON ALLEY
William Holden requested Council to abandon and vacate 92.5 feet of a 15' alley indicated on a subdivision Plot of Westwood Place south of Forrest Street and adjoining lands formerly of Paul B. Welch. This request replaces a former action abandoning the entire alley and portions of other alleys and a plotted street running eastward from the alley. On motion of Mr. Hayes, seconded by Mr. Smith, Council by unanimous vote adopted the following resolution:
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF 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 favors the vacating and abandonment of the following 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. The Council of The City of Dover will sit on Monday, November 25, 1963, at 8:00 P.M. Eastern Standard 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 this 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.
Adopted November 11, 1963
Council adjourned at 11:45 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of November 11, 1963 are hereby approved.
Crawford J. Carroll
Mayor
November 14, 1963