REGULAR MEETING
July 22, 1963
The Regular Meeting of City Council was held Monday, July 22, 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 July 8, 1963 were accepted and bore the written approval of Mayor Carroll.
REPORTS
General Fund Budget Report for May was accepted as read.
Cash Report, Electric Revenue Fund, for June was accepted as read.
Electric Operating Report for May was accepted as read.
PARKS AND PLAYGROUNDS
Councilman Walls, Chairman of the Parks and Playgrounds Committee, submitted to Council a written report of their last committee meeting. The report was accepted as presented.
AUDIT
On motion of Mr. Holpp, seconded by Mr. Walls, Council authorized employment of William Manter, CPA, to audit the City books for the fiscal year ending June 30, 1963.
SAFETY COMMITTEE
Councilman Hill, Chairman of the Safety Advisory Committee, submitted to Council a written report of their last committee meeting. The meeting was primarily concerned with traffic problems in the City, the Traffic Study prepared by the State Highway Department, and a proposed maintenance agreement between the City and the Highway Department. The traffic study resulted in recommendations for the institution of one way streets and the opening or extension of certain dead end streets to facilitate the movement of traffic. The committee concurred with the Highway Department recommendations. Written and oral objections have been received, especially to making State Street and Governors Avenue one way streets. Objections were also received to opening Pennsylvania Avenue between Hazel and Rodney Roads. Suggestion was made that the Chamber of Commerce be contacted and asked for their solution to the traffic problems. Also noted was the fact that the Urban Affairs Department of the University of Delaware has been retained by the Planning Commission to update the master plan for the City which also is concerned with traffic patterns. On motion of Mr. Holpp, seconded by Mr. Hayes, the report of the Safety Advisory Committee was accepted.
PARKING METERS
Chief of Police Turner reported he had investigated the request for installation of Parking Meters on west Loockerman Street and recommended that the meters be installed on the south side of Loockerman Street between Queen Street and Slaughter Street, and on the north side between Queen and Forest, except where a loading and unloading zone should be provided on Loockerman Street, east of Forest Street. On motion of Mr. Hughes, seconded by Mr. Smith, Council directed the City Solicitor to prepare the necessary ordinances.
CURB DEPRESSIONS
The Delaware State news requested permission to depress the curb in front of the former Index property on North Street to provide entrance and exit to their proposed parking lot. On motion of Mr. Harris, seconded by Mr. Biggs, the request was approved and the Solicitor directed to prepare any necessary ordinance banning curb parking.
Charles Durhan requested permission to depress the curb for entrance and exit to a parking lot adjoining 813 Forest Street. On motion of Mr. Walls, seconded by Mr. Hughes, the request was approved.
Albert Brough requested permission to depress the curb for a driveway on Governors Avenue just north of Water Street. On motion of Mr. Holpp, seconded by Mr. Hayes, the request was referred to the Chief of Police for investigation because the location is near a busy, channelized intersection.
NAP AND SPENCE MARQUEE
Nap and Spence requested permission to erect a marquee at their business location of Loockerman Street. On motion of Mr. Holpp, seconded by Mr. Walls, the request was approved.
GIBBS ANNEXATION
On July 8, Council adopted a resolution providing for an annexation referendum to be held on August 10 to annex lands of Kendall Gibbs and others east of present Dover limits. Mr. Gibbs has since stated that various circumstances will not permit him to vote in favor of annexation. Without his favorable vote the annexation proposal would be defeated. Because of this, Council felt it would be pointless to hold the election. On motion of Mr. Smith, seconded by Mr. Holpp, Council by unanimous vote repealed the resolution adopted July 8, 1963 providing for a referendum on annexation to be held August 10, 1963 of the area in the vicinity of Nimitz Road.
LYNNHAVEN DRIVE ZONING
Property owners on Lynnhaven Drive petitions City Council to amend the zoning ordinance to change the zoning designation of lands adjoining Lynnhaven Drive from the present R-10 to R-15. The petition was brought about when the developers of Woodbrook filed with the Planning Commission a plot plan for the development of lands on the north side of Lynnhaven Drive which the present property owners claim contains lots of sizes which do not conform to present lot sizes, nor to sizes which the original owner stated would be maintained in the area. They claim they did not object to the original zone classification of R-10 because they believed larger lot sizes would be maintained. Frank Gentile, for Woodbrook Developers, stated his belief that these property owners had no right to petition for a zoning change, that the R-10 zoning has been in existence, and that the developers went to great expense to prepare development plans in conformance with present City zoning. The City Solicitor gave his opinion that although the petitioners did not own all the lands they wished rezoned, they were adjoining property owners with an interest in the development and could petition to rezone. Council could accept the petition and provide for a public hearing on rezoning, which Council could approve or reject; or Council could refuse the request in the petition, as they saw fit. The petitioners paid their filing fee and marked on a map the specific area they thought should be rezoned to R-15.
On motion of Mr. Smith, seconded by Mr. Harris, Council by unanimous vote adopted the following resolution:
RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON PROPOSED AMENDMENT TO THE ZONING MAP AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands west of Governors Avenue and adjoining Lynnhaven Drive on the north and south, in the City of Dover, are zoned pursuant to the Zoning Ordinance of the City of Dover as R-10, and
WHEREAS, the Mayor and Council of the City of Dover were petitioned by property owners in the area to change the designated zone from R-10 to R-15,
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
1. That a public hearing be held on the following proposed amendment to the Zoning Map and Zoning Ordinance of the City of Dover on the 12th day of August, 1963 at City Hall at 8:00 P.M. and that notice thereof be given in accordance with the provisions of the Delaware Code and the Zoning Ordinance of the City of Dover.
2. That the lands bounded on the east by Governors Avenue, on the south by Puncheon Run, on the west by lands of a development known as Sherwood, and on the north by an alley south by Woodbrook Section Two, lands of Clarence Schwartz and the north boundary of lands of Robert Pippin, be rezoned from R-10 to R-15.
Adopted July 22, 1963
Mr. Hill questioned whether Council should direct the Building Inspector to issue no permits to the development in question until the hearing on rezoning had been held. Council discussed the subject. Mr. Hill, seconded by Mr. Smith, moved that the Building Inspector be instructed to issue no building permits to the development in question until August 13. Messrs. Harris, Hill, Holpp and Smith voted ‘Yes’, Messrs. Biggs, Hayes, Hughes and Walls, voted ‘No’. There being a tie, Mayor Carroll cast his vote against the motion, which was thereby defeated.
COTY AND NORTHWEST DOVER
F.B. Smith, Manager of the local Coty plant, and Henry Ridgley, Attorney, appeared before City Council to request that the area on which an annexation election will be held on July 27 be redefined to exclude their plant. They pointed out that as a corporation they had no vote in the election, that they have not the same needs nor are they part of the area which petitioned to come within the City, that they have always cooperated with the City. In response to the question of why they did not want to be included within the City, Mr. Smith said it was company policy to locate plants outside City limits.
On motion of Mr. Hayes, seconded by Mr. Walls, Council by vote of 6 to 2 repealed the annexation resolution adopted June 24, 1963 and adopted the following resolution establishing new area limits and setting the date of the election for September 7, 1963. Messrs. Hill and Holpp voted ‘No’.
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 pieces, parcels or lots of land lying and being adjacent to the City of Dover and being in East Dover Hundred, Kent County and State of Delaware and being more particularly described, to wit:
BEGINNING at a point, said point being the intersection of the easterly right of way line of the Delaware Railroad Company with the northerly right of way line of Walker Road; thence in a westerly direction with the said northerly right of way line of Walker Road to the easterly right of way line of McKee Road; thence with the said easterly right of way line of McKee Road in a northerly direction to the southerly property line of lands of Coty, Inc., thence in an easterly direction with said Coty, Inc. lands to the aforesaid easterly right of way line of the Delaware Railroad Company; thence in a southerly direction with the said easterly right of way line of the Delaware Railroad Company home to the place of beginning, be the contents what they may.
2. That an election be held on the 7th day of September, A.D. 1963 between the hour 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 July 22, 1963
ELECTRIC CONTRACTS
City Manager Ward reported that completed contracts had been received for electricity between DP&L and the City, and General Foods and City, under which the City will purchase from DP&L and resell to General Foods. On motion of Mr. Harris, seconded by Mr. Biggs, Council authorized the Mayor and Clerk to sign the contracts on behalf of the City.
PRR AGREEMENT
City Manager Ward reported that an agreement had been received from the Pennsylvania Railroad covering a sanitary sewer crossing beneath the railroad at North Street. On motion of Mr. Harris, seconded by Mr. Smith, Council authorized the Mayor and Clerk to sign the agreement on behalf of the City.
CONTRACT 22
Four bids were received on Contract 22 covering street improvements on New Street, Kirkwood Street, Clara Street, Irma Street and Paul Street, and storm sewer in New Street, Kirkwood Street, Reed Street and at the new Post office site east of City Hall. Low bid in the amount of $107,861.45 was received from Delaware Roads Company. On motion of Mr. Hill, seconded by Mr. Hayes, Council authorized award of the contract to the low bidder, Delaware Roads Company, on their bid of $107,861.45.
STOP SIGN
On motion of Mr. Hill, seconded by Mr. Harris, Council directed that the stop signs on New Street be removed.
PLAQUES
Mayor Carroll showed Council plaques embossed with the City seal which he recommended the City purchase for use as gifts to present to distinguished visitors. On motion of Mr. Hill, seconded by Mr. Biggs, Council authorized the City Manager to purchase 100 of the plaques in lots of 10.
Council adjourned at 11:00 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of July 22, 1963 are hereby approved.
Crawford J. Carroll
Mayor
July 24, 1963