REGULAR MEETING
October 14, 1963
The Regular Meeting of City Council was held Monday, October 14, 1963 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Harris, Hayes, Hill, Holpp, Hughes, Smith and Walls.
The invocation was said by Mr. Amos V. Pepper.
MINUTES
Minutes of the meeting of September 9, 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 as read. Checks in the amounts of $169.00, $145.00 and $459.10 were remitted to the City. Report of Magistrate Knotts was accepted as read. A check in the amount of $630.00 was remitted to the City.
Report of the Fire Marshal and Building Inspector was accepted as read.
Report of the Board of Health was accepted as read.
Report of General Fund Cash Receipts was accepted as read.
General Fund Budget Report was accepted as read.
Electric Revenue and Electric Improvement Fund Cash Reports were accepted as read.
Report of the City Manager was accepted as read.
WOODCREST ZONING HEARING
A public hearing was duly advertised for this date on proposed rezoning on lands of Woodbrook Builders Inc. on which the construction of a development known as Woodcrest is proposed. Mayor Carroll declared the hearing opened. The land, located north of Walker Road, is zoned as R-20 and the rezoning of approximately 6.3 acres to C-1, 34.9 acres to R-8, 10-9 acres to RG-2 and 1.5 acres to IPM is proposed. David McCue, Chairman of the Dover Planning Commission, spoke at the hearing on the position of that body in relation to the proposed development and rezoning. He stated that he appeared to make the objections of the Planning Commission a matter of record. The objections were to locating a residential development and zones so near to a propane gas bulk storage plant and to the City of Dover power plant, because of the hazards of explosion and coal dust and soot. He stated that the proposed uses did not conform to those now in the area and that he City would probably be put to considerable expense in the future to eliminate conditions which would be nuisances to any adjoining residential development. He cited instances where residential zoning in or immediately adjoining industrial usage was held to be unreasonable. Mr. Gentile spoke for the developer. He stated that the zoning change would merely confirm the use plotted on a plan filed prior to annexation of the area to the City and would permit the consideration of site development plans and the issuance of building permits. He pointed out that State regulations specified a minimum distance of 75' between gas storage plants and residences and that the nearest residence in the proposed development would be more than 250' from gas storage. A representative of the gas company stated that the danger of explosion was remote. City Manager Ward stated that most of the dust came from ash, not coal, and that the ash operation was being improved. Further discussion followed.
Council decided to consider the proposed changes to the zoning map and zoning ordinance separately. Councilman Hughes stated he believed he must vote ‘Yes’ to the proposed amendments because of commitments made by Council at annexation. On motion of Mr. Harris, seconded by Mr. Biggs, Council by vote of 7 to 1 approved changing the zoning ordinance and zoning map to rezone approximately 34.9 acres of the proposed Woodcrest Development from R-20 to R-8. Mr. Hill voted ‘No’.
On motion of Mr. Hayes, seconded by Mr. Hill, Council by unanimous vote approved changing the zoning ordinance and zoning map to rezone approximately 6.3 acres of the proposed Woodcrest Development from R-20 to C-1.
City Solicitor Buckson pointed out that IPM zoning regulations required a minimum of 5 acres for such a zone and the area involved was approximately 1.5 acres. The developer was agreeable to a Manufacturing Zone (M) rather than IPM.
On motion of Mr. Hill, seconded by Mr. Walls, Council by vote of 7 to 1 approved changing the zoning ordinance and zoning map to rezone approximately 1.5 acres of the proposed Woodcrest Development from R-20 to Manufacturing (M). Mr. Hayes voted ‘NO’.
On motion of Mr. Harris, seconded by Mr. Holpp, Council by unanimous vote approved postponing action on the proposed RG-2 zoning until the meeting of November 11, 1963.
Copy of amendment to Zoning Ordinance is attached.
UTILITY REPORT
Councilman Holpp presented a report of a Utility Committee meeting held October 7, 1963. On motion of Mr. Hayes, seconded by Mr. Walls, the report was accepted.
DP&L TIE
The committee recommended that the City Manager write a letter to DP&L to explore the possibility of a tie line to be used as a stand by for outages caused by inspections, etc. On motion of Mr. Holpp, seconded by Mr. Hayes, the City Manager was authorized to write such a letter.
HARRIMAN RIPLEY
The Utility Committee also considered the possible need for enlarging the generating capacity of the McKee Run Plant and the method of financing. They recommended that the Legislative & Finance Committee discuss with Harriman & Ripley the possibility of financing such an expansion by issuing bonds for this purpose as well as to refinance the present revenue bond issue. On motion of Mr. Holpp, seconded by Mr. Harris, the Legislative & Finance Committee was authorized to discuss such a financing program with Harriman & Ripley.
SEWER RENTS
The Utility Committee recommended that the sewer rent schedule be changed to make allowance for metered water which is not discharged into the sewer system of the City. A second meter would be installed at the customer’s expense to meter either that portion of the water which is discharged into the sanitary sewer, or that portion of the water which is used or discharged elsewhere with this measurement used to adjust the sewer rent bill. Adjustments in billings would be made retroactive to April 1 for those who install second meters before December 31, after that date adjustments would begin in the quarter following that in which the meter is installed. Installations would be authorized, inspected and approved by the City Manager’s office. On motion of Mr. Holpp, seconded by Mr. Harris, Council approved the above adjustment in the sewer rent schedule.
GARBAGE & TRASH
Jack Woods, Supt. of Public Works, reported to Council that a study of costs of combining garbage and trash collections and disposing of them at a private landfill operation near Lebanon indicated a saving over the method of separate collections of garbage and trash and operation of the City incinerator and City dump. It was recommended that combined collections be put into effect concurrently with completion of an agreement with the Wildcat Landfill Company at Lebanon to handle disposal at specified unit costs. On motion of Mr. Hill, seconded by Mr. Smith, the plan and agreement were approved.
DP&L LETTER
A letter was received from A.T. Gardner, DP&L President, reminding the Mayor and Council that the new schedule 7 rate for electric current was available to the City for Dover Air Base requirements as outlined in his letter of July 26, 1962. The rate is the same as that under which General Foods electric requirements are sold to Dover.
CLEMINSHAW
The J.M. Cleminshaw Company is appraising all property in Kent County under agreement with the Levy Court. That Company asked the City to supply descriptions of property and names of property owners with the City limits for which they offered to pay the expense of labor involved. Mr. Hill, seconded by Mr. Holpp, moved that permission be granted with expenses to be paid plus $500 to the City. The motion was defeated by vote of 5 to 3, Messrs. Biggs, Hill and Holpp voting ‘Yes’. City Assessor Baker pointed out that Northwest Dover Heights was recently annexed to the City and must be appraised and suggested that an agreement might be worked out with Cleminshaw to appraise the new area in exchange for the City lists. On motion of Mr. Walls, seconded by Mr. Smith, Council authorized Mr. Baker to negotiate such an agreement. Mr. Hill voted ‘No’.
ORDINANCES
On motion of Mr. Hill, seconded by Mr. Walls, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE PROHIBITING PARKING ON THE SOUTH SIDE OF DOVER STREET BETWEEN GOVERNORS AVENUE AND BRADFORD STREET.
WHEREAS, the Mayor and Council of the City of Dover are vested with the responsibility of regulating traffic and parking within the limits of the City of Dover, and
WHEREAS, the Mayor and Council deem it advisable to prohibit parking on certain portions of Dover Street,
NOW, THEREFORE, be it ordained by the Mayor and Council in Council met:
1. That from and after the passage and approval of this ordinance it shall be unlawful for any person, firm, association, or corporation to park or allow to remain parked any motor vehicle on the South side of Dover Street between the easterly right of way line of Governors Avenue and the westerly right of way line of Bradford Street.
2. Any person or persons violating any of the provisions of this ordinance and upon conviction thereof shall be fined no less than $1.00 nor more than $25.00 for each separate offense and in lieu of the payment of any fine imposed by the alderman or upon failure to pay such fine shall be imprisoned not less than one day nor more than ten days.
Passed October 14, 1963.
On motion of Mr. Hill, seconded by Mr. Walls, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE PROHIBITING PARKING ON A PORTION OF THE NORTH SIDE OF LOOCKERMAN STREET.
WHEREAS, the Mayor and Council are responsible for regulating traffic and parking within the limits of the City of Dover, and
WHEREAS, the Mayor and Council have deemed it advisable to prohibit parking on a portion of the North side of Loockerman Street,
NOW, THEREFORE, be it ordained by the Mayor and Council in Council met:
1. That from and after the passage of this ordinance it shall be unlawful for any person, firm, association, or corporation to park or allow to remain parked any motor vehicle on the northerly side of Loockerman Street beginning at a point in the easterly curb depression for the entrance to the City Hall parking lot and running for a distance of 60 feet in an easterly direction from said beginning point.
2. Any person or persons violating any of the provisions of this ordinance and upon conviction thereof shall be fined no less than $1.00 nor more than $25.00 for each separate offense and in lieu of the payment of any fine imposed by the alderman or upon failure to pay such fine shall be imprisoned not less than one day nor more than ten days.
Passed October 14, 1963.
On motion of Mr. Hill, seconded by Mr. Hayes, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE REGULATING THE LOADING AND UNLOADING OF BOATS ON SILVER LAKE.
WHEREAS, the Mayor and Council are responsible for the operation and use of boats on Silver Lake, and
WHEREAS, it is deemed advisable to regulate the loading and unloading of said boats or ramps provided for same,
NOW, THEREFORE, be it ordained by the Mayor and Council in met:
1. That from and after the passage of this ordinance any motor vehicle being used for the purpose of lowering, placing, or removing any boat at the ramps provided for this express purpose at the Silver Lake site shall be restricted to the driver only while operating the motor vehicle for the purpose described above.
2. All other persons shall be required to leave the motor vehicle during the loading, placing, or unloading on the boating ramp.
3. Any person or persons violating any of the provisions of this ordinance and upon conviction thereof shall be fined no less than $1.00 nor more than $25.00 for each separate offense and in lieu of the payment of any fine imposed by the Alderman or upon failure to pay such fine shall be imprisoned not less than one day nor more than ten days.
Passed October 14, 1963.
BROUGH DRIVEWAY
Chief Turner reported his investigation revealed it would be possible to turn a motor vehicle and exit into Governors Avenue, without backing, via a driveway which Albert Brough has asked to build. After discussion of the hazards existing the matter was tabled.
NATURAL GAS - NORTH STREET
City Solicitor Buckson reported to Council that the proposed agreement between the City and Eastern Shore Natural Gas Company now included a plot showing the location of the gas line to be installed from the railroad at North Street to the new General Foods plant on Hazlettville Road and other provisions requested by Council. On motion of Mr. Hughes, seconded by Mr. Hayes, Council authorized the Mayor and Clerk to sign the agreement.
AMBACH UTILITIES
An agreement had recently been completed permitting the extension of sewer and water lines of the City of Dover to prescribed land areas on which Max Ambach is constructing apartment houses. It was recently determined that Mr. Ambach had caused a water line to be extended to a swimming pool which is outside the area contained in the agreement. On motion of Mr. Harris, seconded by Mr. Walls, Council directed that City Solicitor to take all such steps as are necessary to enforce the terms of the agreement.
ROSS STREET
Councilman Hayes noted that a recent action of City Council directed that Ross Street between Fairview Avenue and Pear Street be constructed at a width of 38' at no cost to the City but that construction appears to be continuing at a width of only 28'. On motion of Mr. Hill, seconded by Mr. Hayes, Council by vote of 6 to 2 directed the City Solicitor to take such steps as are required to stop construction of the 28' street and to carry out Council’s order for a 38' street. Councilmen Holpp and Hughes voted ‘No’.
AUDIT
Copies of the audit of City accounts for the fiscal year ending June 30, 1963 were distributed to the Council. A special meeting of City Council will be held October 22, 1963 at which time William Manter, CPA, will answer questions concerning the audit.
HARLEY TAYLOR
Harley Taylor asked the City to pay him the sum of $16,925 on the cost of a water line extended to Northwest Dover Heights about 1952. The City had agreed to reimburse costs up to approximately $10,500 from water rents collected over a ten year period for line construction within the City limits. On motion of Mr. Walls, seconded by Mr. Smith, the request was referred to the Utility Committee.
DUMP TRUCK
City Manager Ward requested permission to sell a 1955 Dump Truck which is now useless to the City for a bid price of $115. On motion if Mr. Hill, seconded by Mr. Hayes, Council authorized sale of the truck for $115.
SEWER AND WATER
City Manager Ward asked Council to establish a policy relating to attachment to sewer and water lines by property owners with wells and cess pools. This policy is particularly needed in areas recently annexed where sewer and water lines have been constructed. On motion of Mr. Walls, seconded by Mr. Smith, the matter was referred to the Utility Committee for study and recommendation.
ANNEXATION
City Manager Ward reported he had contacted property owners north of Kings Highway regarding annexation and although he had no firm commitments believed a referendum would vote approval. He recommended a line to the north which would include the former McNeil property.
On motion of Mr. Holpp, seconded by Mr. Hayes, Council by unanimous vote adopted the following resolution:
RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN SAID AREA.
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 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:
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
1. That the following territory situate in East Dover Hundred, Kent County, State of Delaware, be annexed to 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 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 westerly and northerly 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, 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 an election be held on the 16th day of November, A.D., 1963 between the hours of 1:00 P.M. and 7:00 P.M. at City Hall on the Plaza in Dover, Kent County, Delaware, for the purpose of submitting the question of annexation of the above area to the persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended, and the Laws of the State of Delaware.
4. That this Resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the date of said election.
Adopted October 14, 1963.
Council adjourned at 12:30 A.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of October 14, 1963 are hereby approved.
Crawford J. Carroll
Mayor
October 17, 1963