REGULAR MEETING
August 12, 1963
The Regular Meeting of City Council was held Monday, August 12, 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. Kenneth Badgett.
MINUTES
Minutes of the meeting of July 22, 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 $1224.40, $300.50, and $174.00 were remitted to the City. Report of Magistrate Knotts was accepted as read. A check in the amount of $1274.00 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 Cash Receipts, General Fund was accepted as read.
General Fund Budget Report was accepted as read.
Cash Report, Electric Revenue Fund was accepted as read.
Cash Report, Electric Improvement Fund was accepted as read.
Electric Department Operating Report was accepted as read.
Report of the City Manager was accepted as read.
KINGS MARQUEE
On motion of Mr. Hill, seconded by Mr. Hayes, Council authorized the erection of a marquee by Kings Men Shop, 15 Loockerman Street.
BROUGH DRIVEWAY
Council considered the request of Albert Brough for a curb depression for a driveway on S. Governors Avenue. The exit would be in a heavily traveled traffic land. On motion of Mr. Hill, seconded by Mr. Holpp, the request was denied.
GRASS CUTTING ORDINANCE
A proposed grass cutting ordinance will be submitted to members of City Council for their consideration prior to its adoption.
LYNNHAVEN DRIVE ZONING
A request for rezoning Lynnhaven Drive from R-10 to R-15 was duly advertised for public hearing this date. Mayor Carroll declared the hearing open. Mr. Finnegan, property owner, spoke for the proposed change and distributed literature listing existing deed restrictions and showing present lot sizes which he claimed conformed to R-15 zone requirements. Robert Reed also spoke for the proposed change. James F. Kelleher, Attorney representing Woodbrook Realty Co., presented a petition to Council protesting the proposed rezoning signed by 20% or more of the adjoining lot owners. A vote of 3/4 or more of Council would be required to rezone over the protest. Mr. Kelleher stated that no good reason had been advanced for the proposed change and that no protest had been made to the original R-10 zoning. Mr. Finnegan stated that at the time of the original zoning, property owners believed that restrictions contained in deeds would provide the desired protection. Mr. Buckson and others answered questions.
Following the hearing, Mr. Hill, seconded by Mr. Smith, moved that the Zoning Ordinance and Zoning Map be amended by changing the Zoning designation of the advertised Lynnhaven Drive area from R-10 to R-15. The amendment was defeated by vote of 4 to 3, with Messrs. Hill, Holpp and Smith voting ‘Yes’, Messrs Harris, Hayes, Hughes and Walls voting ‘No’, and Mr. Biggs not voting.
SMITH TRACT ZONING
A public hearing was duly advertised for this date on a proposed amendment to the Zoning Map which would change the general area of the J.G. Smith lands on the northeast corner of Whiteoak Road and U.S. Route 13 from the present R-20 zone to C-4 and R-8 zones. Mayor Carroll declared the hearing opened. Herman Brown exhibited a map showing the proposed changes in zoning. No one appeared to protest. Mr. Brown stated that a street would be opened through the proposed C-4 zone from the Whiteoak Road north.
On motion of Mr. Hill, seconded by Mr. Hayes, Council by unanimous vote adopted the following amendment to the zoning ordinance and zoning map.
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE PRESENT R-20 ZONE ON WHITEOAK ROAD.
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 desirable and proper to change the zoning map and zoning ordinance permitted in an area bounded by the Whiteoak Road and U.S. Route 13, and being lands of J.G. Smith and others, from R-20 to C-4 and R-8 zones,
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 of that area fronting on U.S. Route 13 to a depth of approximately 1200 feet between the Whiteoak Road and the northern boundary of lands of J.G. Smith, from R-20 zone to C-4 zone; and that the balance of the lands of J.G. Smith, containing approximately 53 acres, north of the Whiteoak Road and east of the above-designated C-4 zone, be rezoned from R-20 to R-8 zone.
Adopted August 12, 1963
GORDY TRACT ZONING
A public hearing was duly advertised for this date on a proposed amendment to the Zoning Map which would change the lands of Shindler and Fields and others east of U.S. Route 13 from R-20 zone to C-4, RG-1 and R-8 zones. Mayor Carroll declared the hearing opened. Mr. C.F. L. Hutchison of Gordy Developers exhibited a map of the proposed zoning. No one appeared to protest.
On motion of Mr. Hill, seconded by Mr. Smith, Council by unanimous vote adopted the following amendment to the zoning ordinance and zoning map.
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF A PRESENT R-20 ZONE EAST OF U.S. ROUTE 13.
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 desirable and proper to change the zoning map and zoning uses permitted in an area now or formerly the lands of Shindler and Fields and others, from R-20 to C-4, RG-1 and R-8 Zones,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
1. That 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 to C-4 of that area bounded on the west by U.S. Route 13 to a depth of approximately 600 feet between the northern boundary of lands of Shindler and Field and the southern boundary of lands of Cheritre Motel Company; and by changing the zoning designation from R-20 to RG-1 of that area of approximately six acres bounded on the south by lands of J.G. smith a distance of approximately 570 feet and bounded on the west a distance of approximately 470 feet by lands of Cheritre Motel Company and St. Andrews Evangelical Lutheran Church; and by changing the zoning designation from R-20 to R-8 of that area of approximately 529 acres, being all other lands, now or formerly of Shindler and Field, bounded on the north by lands now or formerly of T.D. Gruwell, on the east by lands now or formerly of Roland Garrison, on the south by lands now or formerly of J.G. Smith and others, and on the west by the above designated C-4 and RG-1 zones.
Adopted August 12, 1963
KIRKWOOD STREET CURB HEARING
Council reconsidered the installation of curbs on Kirkwood Street between Forest Street and Division Street and a public hearing thereon.
On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous vote adopted the following Resolution:
A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER THE INSTALLATION OF CURBS ON THE FOLLOWING STREET WITHIN THE CITY OF DOVER.
On Kirkwood Street between Forest Street and Division Street
WHEREAS, the Council of the City of Dover has considered the installation of curbs on portions of Kirkwood Street between Forest Street and Division Street in the best interest of the City of Dover, and
WHEREAS, in order to comply with the provisions of the Charter of the City of Dover, it is necessary to hold a public hearing at a time and place to be duly published, and
WHEREAS, it is the decision of the Council of the City of Dover to hold such public hearing and publish notice of such hearing in accordance with the Charter of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER:
Section 1. The Council of The City of Dover shall meet on August 26, 1963 at 8:00 P.M., Eastern Daylight Saving Time, at the City Hall to consider the installation of concrete curbs on both sides of Kirkwood Street between Forest Street and Division Street. Said curb to be installed in front of the properties of the following named persons and of assessing the cost thereof against the said owners.
Section 2. The following named persons are the owners of the purported owners of the properties situate along the portions of the street where the concrete curbs and gutters are to be installed:
M.A. Hartnett Inc.
George Fullman Jr.
Rhoda Shockley
Aaron & Mary F. Paskins Jr.
Mrs. Bessie Berman & Edward R. Clouse
Mamie T. Cannon
James & Beatrice Hubbard
Nathaniel & Olga Simmons
Maude H. Coudright
Joanna Watson & Regina Mae Fairley
John E. Williams & Katie Bailey
Edward & Elizabeth Rolsal
Frank J. & Ruth C. Hartnett
Helen Y. Parker
Mt. Zion A.M. Church
Mrs. Mary Miller
Margaret H. Burton
George H. Hevalow
William B. Mitten & Sons Inc.
Blanche Rolsol
Rebecca Gibbs
Minerva & Helen Gibbs
City of Dover
Beatrice C. Jackson
William Hardcastle Estate
Bernard & Elizabeth C. Paskins
Rachel White
Bertha Lewis
Mary Louise & Elder T.F. Waters
Anna Bailey Houston
Anne E. Brown Estate
Catherine Hardcastle
Aaron & Mary F. Paskins
Clara Simmons Harmon
Vera G. Davis
Section 3. At the said meeting the Council will hear the aforesaid owners of property and other residents of the City in accordance with Section 2B of the Charter of the City of Dover, as amended by Chapter 152, Volume 37, Laws of Delaware.
Adopted August 12, 1963
SEGALL PARKING
Dr. Albert M. Segall requested two no parking signs be placed at 128 S. Bradford Street for reserved parking space. On motion of Mr. Holpp, seconded by Mr. Hill, the request was denied by vote of 6 to 2. Mr. Hayes and Walls voted ‘no’.
Mr. Hill requested that the City Manager and Chief of Police investigate the use by doctors of no parking space and recommend controls to Council at the earliest possible date.
UTILITY COMMITTEE REPORT
Councilman Holpp submitted to Council a written report of a meeting of the Utility Committee held August 6. On motion of Mr. Hill, seconded by Mr. Hayes, the report was accepted.
WATER TANK
General Foods Corp. requested that the water storage tank to be erected by the City near their site be painted ‘Caribbean Blue’ to harmonize with their color scheme. On motion of Mr. Hayes, seconded by Mr. Holpp, the request was approved.
GARDEN COURT SEWER
A right-of-way is required over lands of the Garden Court Apartments to complete installation of the sewer system to serve Eastover Hills. That corporation has requested $3000 for the easement plus $718 for the installation of a pump to drain a basement. The Utility Committee recommends that the easement be obtained by condemnation. On motion of Mr. Hill, seconded by Mr. Hayes, the City Solicitor was directed to initiate condemnation procedure to obtain the necessary easement.
EMPLOY PENNIMAN
The Utility Committee recommends that the City retain A.L. Penniman, an engineer, to survey the McKee Run Plant to determine what improvements or changes are required. On motion of Mr. Hayes, seconded by Mr. Hill, Council authorized retaining the services of Mr. Penniman.
CONTRACTS 11 AND 12
Bids were opened today for the installation of an interceptor sewer in North and New Streets. Four were received, with the low bid for vitrified clay pipe being submitted by Edgell Construction Company at $103,887.50. City Engineer Joseph explained in response to questions that the total was an estimate based on firm unit prices submitted by the bidders applied to the estimated number of units, feet of pipe, etc., included in the proposal by the engineers. On motion of Mr. Biggs, seconded by Mr. Hughes, the contract was awarded to the low bidders for vitrified clay pipe, Edgell Construction Company at the $103,887.50 estimate, by vote of 6 to 2. Messrs. Hayes and Hill voted ‘No’.
Bids were opened today for drilling two wells to be located at the East Dover School and on the former Danner farm. Low bid was received from Shannahan Artesian Well Co., $26,001.00. On motion of Mr. Hill, seconded by Mr. Walls, Council awarded the contract to the low bidder, Shannahan Artesian Well Co., on their bid of $26,001.00
PROGRESS REPORT
City Engineer Joseph reported to Council on the progress of the construction program now under way. Work was on schedule and costs were running within estimates. Completion of the Eastover Hills sewer project is contingent on obtaining easement from Garden Court Apartments.
REVENUE ANTICIPATION NOTES
The City Treasurer reported that current needs of the City for operation were in excess of available funds and requested up to $200,000 in anticipation of current revenue. On motion of Mr. Holpp, seconded by Mr. Hayes, Council by unanimous vote adopted the following resolution:
A RESOLUTION AUTHORIZING THE MAYOR AND TREASURER TO UNDERTAKE TEMPORARY BORROWING AS PROVIDED IN THE CHARTER OF THE CITY OF DOVER
WHEREAS, the Charter of the City of Dover authorizes and empowers the Council of the City of Dover to anticipate current revenue by borrowing such sum as shall be needed, not to exceed 1% of the total taxable assessment, and
WHEREAS, it is necessary to borrow temporary funds for the current operating requirements of the City of Dover
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER:
1. That from and after the passage and approval of this resolution, the Mayor and Treasurer of the City of Dover shall be empowered and authorized to execute under the seal of the City of Dover any and all instruments, documents, or other evidences of indebtedness as required for the borrowing on a temporary basis of a sum not to exceed $200,000.
2. The Mayor and Treasurer of the City of Dover shall be empowered to obtain said funds upon such terms and from such local lending institutions as in their best judgement they deem necessary and proper.
3. Any and all amounts borrowed pursuant to this resolution shall be repaid out of current revenue received hereafter.
Adopted August 12, 1963
STATE NEWS AD
Council considered the insertion of an advertisement in the progress edition of the Delaware State News. On motion of Mr. Hill, seconded by Mr. Harris, the matter was tabled.
ORDINANCES
On motion of Mr. Hill, seconded by Mr. Hughes, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE PROVIDING FOR THE CREATION OF A TRUCK LOADING ZONE
WHEREAS, the City of Dover deems it advisable and in the best interest of the City to provide certain designated area for the purpose of loading and unloading trucks, and
WHEREAS, certain portions of Forest Street require that a loading zone be created:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL IN COUNCIL MET:
1. No motor vehicle shall be parked or be allowed to remain parked on that portion of the North side of Forest Street from a point 137' East of the Easterly right of way line of Kirkwood Street to a point 99' East of the Easterly right of way line of Kirkwood Street between the hours of 9 A.M. and 5 P.M. except as provided herein.
2. Said area comprising 38' shall be designated by the placement of the necessary signs of this ordinance shall be fined no less than $2.00 nor more than $50.00.
3. Any person, firm, association, or corporation violating any of the provisions of this ordinance shall be fined no less than $2.00 nor more than $50.00.
Passed August 12, 1963.
On motion of Mr. Hughes, seconded by Mr. Harris, Council by unanimous vote tabled a proposed ordinance prohibiting parking of boats on the streets of the City of Dover for a period in excess of two hours.
On motion of Mr. Hill, seconded by Mr. Smith, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE PROVIDING FOR THE INSTALLATION OF PARKING METERS ON PORTIONS OF LOOCKERMAN STREET WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Police Department of the City of Dover is empowered to install parking meters on streets within the City of Dover, and
WHEREAS, the installation of parking meters on the portions of Loockerman Street as provided herein are considered in the best interest of the City of Dover.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL IN COUNCIL MET:
1. The Police Department of the City of Dover is hereby authorized and empowered to install parking meters as follows:
a. On the South side of Loockerman Street from the Westerly right of way line of Queen Street to the Easterly right of way line of Slaughter Street.
b. On the North side of Loockerman Street from the Westerly right of way line of Queen Street to a point 138' West of the Westerly right of way line of Queen Street.
2. Any violation of the provisions of this ordinance shall result in a fine as provided by the Police Department of the City of Dover for other overtime and unauthorized parking.
Passed August 12, 1963.
On motion of Mr. Hill, seconded by Mr. Harris, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE PROHIBITING THE MAJOR MAINTENANCE AND REPAIR OF MOTOR VEHICLES ON THE STREETS OF THE CITY OF DOVER
WHEREAS, the existence and continuance of the repair of motor vehicles on the streets and highways within the limits of the City of Dover constitutes a danger to the safety of motorists operating within the City of Dover, and
WHEREAS, the Police Department of the City of Dover deems it necessary to prohibit the maintenance and repair of motor vehicles on the streets.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL IN COUNCIL MET:
1. It shall be unlawful for any person, firm, association, or corporation to permit a vehicle or vehicles to remain on the traveled portion or parking portion of any street within the limits of the City of Dover for the purpose of conducting maintenance or major repair on said vehicle.
2. This ordinance is not intended to prohibit the parking of vehicles on the streets for the purpose of conducting emergency repair or minor maintenance.
3. Any person, firm, association, or corporation convicted of a violation of section 1 and 2 above shall be fined not less than five (5) dollars nor more than twenty-five dollars ($25.00), and each day that the vehicle remains on the street shall constitute a separate offense for which the penalty herein provided shall be imposed.
Passed August 12, 1963.
EAST LOOCKERMAN STREET
Correspondence relating to truck traffic and speeding on East Loockerman Street was referred to the Safety Committee for study and recommendation.
Council adjourned at 11:30 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of August 12, 1963, are hereby approved.
Crawford J. Carroll
Mayor
August 14, 1963