REGULAR MEETING
October 8, 1962
The regular meeting of City Council was held Monday, October 8, 1962 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Hayes, Hill, Holpp, Hughes, Mowlds, Turner, Walls and Zartman.
MINUTES
Minutes of the meeting of September 24, 1962 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police was accepted as read.
Report of Alderman Shockley was accepted as read. Checks in the amounts of $104.00 and $10.00 were remitted to the City. Report of Magistrate Knotts was accepted as read. A check in the amount of $69.00 was remitted to the City. Report of Magistrate Cavanaugh was accepted as read. A check in the amount of $908.10 was remitted to the City.
Report of the Fire Marshal & Building Inspector was accepted as read.
Report of the Board of Health was accepted.
Report of General Fund Cash Receipts was accepted.
Report of General Fund Budget was accepted.
Electric Revenue Fund Cash Report was accepted.
Electric Improvement Fund Cash Report was accepted.
DANGEROUS BUILDINGS
Building Inspector Roe reported he had posted the following buildings as dangerous buildings and ordered the owners to repair or demolish same within 30 days, that the period had elapsed and the orders had not been complied with.
George H. Hevalow property - 32. S. Kirkwood Street
Herman Berry property - 725 Slaughter Street
Helen M. Cohee property - 19 N. New Street
On motion of Mr. Mowlds, seconded by Mr. Walls, Council directed that a public hearing be held at its meeting of October 22, 1962 during which the owners of the above property should show cause why the order of the Building Inspector should not be carried out under the terms of the City Ordinance passed February 28, 1955.
HOLDEN STREET AND ALLEYS
William Holden requested Council to vacate certain alleys and streets laid out upon a plot of Westwood Place. The request was duly advertised for public hearing this date. Mayor Carroll declared the hearing open. No one appeared with objections to vacating or abandoning the streets and alleys. A letter from the Planning Commission objected to the abandonment.
On motion of Mr. Mowlds, seconded by Mr. Turner, Council by unanimous vote adopted the following resolution:
A RESOLUTION VACATING AND ABANDONING CERTAIN STREETS AND ALLEYS 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 Dove hereby vacates and abandons the following streets and alleys laid out upon a plot of Westwood Place, recorded int eh Office of the Recorder of Deed of Kent County, Delaware, on September 21, 1961, on Plot Book 5, Page 75:
All that portion of a 15 foot alley lying between lands formerly of Paul B. Welch, Inc., and Lots No. 1, 4, 16, and 17, as shown on said plot, extending from Forrest Street in a southerly direction for a distance of 451,33 feet;
All that portion of a 15 foot alley lying between Lots No. 1 and 4 as shown on said plot and extending from the aforementioned alley at the western edge of said plot in an easterly direction for a distance of 70 feet;
All that portion of Bedford Drive, a 50 foot street lying between Lots No. 4 and 16 as shown on said plot, extending from the aforementioned alley at the western edge of said plot in an easterly direction for a distance of 70 feet;
All that portion of a 15 foot alley lying between Lots No. 16 and 17 as shown on said plot, extending from the aforementioned alley at the western edge of said plot in an easterly direction for a distance of 70 feet;
Section 2. Since no person had been deprived of property by the vacating and abandoning of the aforesaid street and alleys no compensation is awarded.
Section 3. This resolution shall be effective upon the filing of a revised plot plan of the development dedicating new alleys on the west border of the development to replace those to be vacated..
Passed October 8, 1962
WESLEY COLLEGE ALLEY
Wesley College requested Council to vacate an alley north of Cecil Street and west of Bradford Street across which they plan to build a dormitory. The request was duly advertised for hearing this date. Mayor Carroll declared the hearing open. No one appeared for or against the proposal. The resolution proposing vacating the alley contains a provision voiding the act unless the proposed dormitory is built across the alley within a stated time. Action on this resolution was deferred until the college was informed of the limitation.
RESULTS OF REFERENDUMS
The Election Boards of the 2nd and 4th election districts of the 5th Representative District of Kent County certified to the City Council the results of the Annexation Referendums held Saturday, September 29, 1962, between the hours of 1 P.M. and 7 P.M. to be as follows:
Area ‘A’ - For Inclusion: 1134 votes
Against Inclusion: 205 votes
Area ‘A’ and ‘B’ combined:
For Inclusion: 1658 votes
Against Inclusion: 2173 votes
On motion of Mr. Hayes, seconded by Mr. Turner, the certifications were accepted.
ANNEXATION RESOLUTION
The annexation referendum of September 29, 1962 approved the inclusion of an area south and west of the present City limits within the City. On motion of Mr. Turner, seconded by Mr. Mowlds, Council by unanimous vote adopted the following resolution:
RESOLUTION APPROVING THE INCLUSION OF AN AREA SOUTH AND WEST OF THE CITY OF DOVER 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 te best interest of the City of Dover to include an area South and West of the City as hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held on the 29th day of September, A.D., 1962 for the purpose of submitting the question of annexation of the following described areas to the persons entitled to vote thereon, and
WHEREAS, there were 1134 votes cast for the inclusion within the City of Dover of the hereinafter described lands and 205 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 By The Council of The City of Dover in Council Met:
1. That the following described area shall be annexed to an included within the limits of the City of Dover:
ALL that certain piece, parcel or tract of land now situated in East Dover Hundred, Kent County, State of Delaware more particularly described as follows:
BEGINNING at the intersection of the southerly right of way of the Hazlettville Road with the easterly right of way line of Mifflin Road; thence with the said southerly right of way of the Hazlettville Road in a westerly direction to the easterly right of way of State Road No. 195; thence in a southerly direction with the said easterly right of way line of State Road No. 195 to the northerly line of the lands of R. W. Ackerly; thence with the said northerly line of the lands of Ammon Kesselring; thence with the said line of Ammon Kesselring in a southerly direction to the easterly right of way line of the Pennsylvania Railroad thence in a northerly direction with the said easterly right of way line of the Pennsylvania Railroad to the northerly right of way line of Webbs Lane; thence with the said northerly right of way line of Webbs Lane in an easterly direction to the easterly line of lands of Ammon Kesselring; thence with the said line of lands of Ammon Kesselring an also binding with lands of Bessie Dennison, Norman Cubbage, Governors Avenue and Norris Eddington four lines to the center of Puncheon Run; thence with the said center of Puncheon Run in a westerly direction to the easterly right of way line of the Pennsylvania Railroad; thence with the said easterly right of way line of the Pennsylvania Railroad in a northerly direction to the southerly direction to the southerly right of way line of the Hazlettville Road; thence with the said southerly right of way line of the Hazlettville Road in a westerly direction 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 9th day of October, 1962, at 12:01 A.M. o’clock, EDST.
Adopted October 8, 1962
APPRAISAL
On motion of Mr. Hill, seconded by Mr. Hayes, the City Assessor was authorized to obtain from the J. M. Cleminshaw Co. an estimate of the cost of appraising property within the newly annexed area. Mr. Zartman voted ‘No’.
CURB DEPRESSION
A letter from John O. Snyder and Joshua M. Twiley, attorneys, requested permission of City Council to depress a curb on Bank Lane to provide an entrance to a parking lot in the rear of 26 The Green. On motion of Mr. Hayes, seconded by Mr. Mowlds, the request was referred to the Police Department for their recommendation.
CITY MANAGER REPORT
Report of the City Manager for September was accepted as read.
BACKHOE PARTS
On motion of Mr. Zartman, seconded by Mr. Mowlds, the City Manager was authorized to sell obsolete backhoe attachments for the sum of $50.00.
HIGHWAY MEETING
City Manager Ward reported to City Council on a meeting held on October 4 with representatives of the State Highway Department and General Foods Corporation to discuss the problems of traffic and access roads to the proposed General Foods plant site on Hazlettville Road.
HINKLE BUILDING
Rental of the Hinkle Building the purchase of which was recently authorized by Council was discussed. Councilman Hughes stated he had heard of the possibility of a taxpayers suit against the purchase. The City Manager was directed to determine the legality of the City’s acquisition from the City Solicitor, whether or not a portion of the building was already occupied by a tenant and the rental paid, and what rental a prospective tenant is willing to pay.
KULJIAN CORPORATION
City Manager Ward reported to Council that the Kuljian Corporation has submitted to arbitration by the American Arbitration Association their claims against the City for engineering and construction management fees in connection with erection of the McKee Run Power Plant. Provision for such action is contained in the contract between the City and Kuljian Corporation, when the two parties cannot otherwise settle a dispute. Dover must reply by October 12 on their approval or disapproval of Philadelphia as the place of arbitration and whether a list of names from which three arbitrators will be chosen is satisfactory. The City Manager will confer with the City Solicitor on the matter as soon as he is available.
OPEN HOUSE
The City Manager will submit to Council at its next meeting a plan for open house at the new power plant during which the site will be open for inspection by the general public.
ZONING AMENDMENT
A letter from Anderson-Stokes, Inc. requested that Council amend the Zoning Ordinance to permit them to erect a shopping center on the west side of U.S. 13 between Court Street and Loockerman Street. The first unit they propose to erect will be an A&P market. A letter also was received from the Dover Zoning Commission with which was enclosed a proposed zoning amendment to provide for a “Highway Commerce Zone (C-4)” to cover all sections of the dual highway recently included within the limits of the City. The latter proposal would fulfill the requirements of the former request. On motion of Mr. Zartman, seconded by Mr. Hughes, Council by unanimous vote directed that a public hearing be held in the Council Chambers on October 29, 1962, at 7:30 P.M. on the proposed amendment to the Zoning Ordinance which would provide a new section in the Zoning Ordinance, Section 3.7A, Highway Commerce Zone, C-4, and would amend other applicable regulations in the Zoning Ordinance. A copy of the proposed amendment is attached and made part of these minutes.
NEW POST OFFICE
A new U.S. Post Office will be erected on a plot on the east end of the present parking lot east of City Hall. A storm sewer runs beneath the proposed building location. The Pose Office Department requests the City to relocate the storm sewer and to extend and pave Legislative Avenue at least to the depth of their lots. Council discussed the matter of which party should bear the cost of the change and improvements. On motion of Mr. Mowlds, seconded by Mr. Hughes, Council directed that the City bear the cost of relocating the storm sewer and extending and paving Legislative Avenue, but that the property owners should bear the cost of sidewalk and curb installation. A public hearing must be held on the matter of installing curb and assessing the cost thereof to the property owners.
On motion of Mr. Mowlds, seconded by Mr. Walls, Council directed that a public hearing on the matter of assessing costs of curb installation by held at City Hall at the Council meeting of October 22, 1962.
PLANNING & ZONING
A letter from the Chairman of the Dover Planning Commission outlined the need for additional zoning and planning because of the recently expanded City limits and requested that Council authorize an increase in the budget for planning purposes in the sum of $5800. Council discussed the situation and thought that a joint meeting of the Council with members of the planning and zoning commissions would be helpful. On motion of Mr. Hughes, seconded by Mr. Mowlds, all members of the planning and zoning commissions were invited to the special meeting of City Council to be held on October 29 for the initial purpose of holding a hearing on a proposed amendment to the zoning ordinance.
NORTH & NEW STREETS
Estimates prepared by the City Engineer were presented to City Council for resurfacing New Street from Loockerman to Water, and resurfacing North Street form the Railroad to Federal Streets. The estimate did not include curb installation or any other improvements. Council discussed the matter in detail and the City policy of requiring installation of curbs before streets are resurfaced or paved. Mr. Mowlds, seconded by Mr. Hughes, moved that these section of North and New Street be repaved without requiring installation of curbs at this time. Councilmen Hughes and Mowlds voted ‘Yes’, Councilmen Hayes, Hill, Holpp, Turner, Walls and Zartman voted ‘No’.
On motion of Mr. Mowlds, seconded by Mr. Hughes, Council by unanimous vote adopted the following Resolution providing for a public hearing to be held on November 12, 1962 on the matter of installing curb and gutter on North and New Streets and assessing the cost thereof to property owners.
A RESOLUTION PROVIDING FOR A PUBLIC HEARING TO CONSIDER THE QUESTION OF INSTALLING CONCRETE CURB AND GUTTER ON PORTIONS OF NORTH AND NEW STREETS AND ASSESSING THE COST THEREOF TO PROPERTY OWNERS
WHEREAS, the Mayor and Council of the City of Dover are considering the installation of concrete curbs and gutters on both sides of New Street between Loockerman Street and Water Street and on both sides of North Street between New Burton Road and Federal Street, 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,
NOW, THEREFORE, BE IT RESOLVED By The Mayor And Council of The City of Dover In Council Met:
1. That the Council of The City of Dover will meet in City Hal at 8:00 P.M. on November 12, 1962 to consider the installation of concrete curbs and gutters on both sides of the above named streets in front of the properties of the following-named property owners:
State of Delaware
Mrs. Minnie Willms
Cordelia Mae Johns
Oscar Berry
Carl W. & Emma L. Watson
Bernard & Elizabeth C. Paskins
Chas. H. & Margaret Douglas
Preston L. & Malinda M. Evans
Minnie Fletcher Estate
Mary Elizabeth Jolley
James G. Smith Jr.
James P. Clark Estate
Gulf Oil Corporation
Lord Brothers
Anna Lord Estate
Florence Travers
Howard W. Moore & Wife
Mrs. Bessie Berman
Harry K. Heite
Joseph Martin
Stanton R. & Pearl E. Brown
Emanuel Barros
Joseph Masten
Mehtodist Graveyard
Whatcoat Methodist Church
Glenna Marshall
Delaware Railroad Co.
Edward H. & Helen C. Nelson
Mrs. A. C. Hopkins
Maude B. Holston
Helen C. Martindale
Wm. H. & Maude L. Ellis
Mrs. Ruth G. Kahn
E. & Ethel Barros
Delaware State News
Hazel W. Muir
Mabel Ridgley Estate
W. M. Hope Estate
Atlantic Refining Co.
Buchanan Service
J. E. Ehrlich Realty Co.
Walter L. Jr. & Hazel K. Stewart
Mrs. Thomas C. Frazier
Mrs. Elmire Godwin Estate
Michael Butz Estate
Fred Holmes
Farmers Bank
Diamond State Theater
Prentice Hall Inc.
Arden Building Corp.
Mrs. Elva C. Taylor
Wesley Methodist Church
U.S. Post Office
Kent County Motor Co.
Lottie Murphy
Jas. C. & Selma B. Donovan
Union Baptist Church
W. O. Covey Co.
William Hurley Jr.
Mary David, Thos. H. Lewis Jr. & Joyce Leona Lewis
William & Margaret Hurley
Warrington Furniture Co.
Jos. Guy and Mamie P. Bailey
Dover Theatre Co.
Stuart E. & Thelma D. Outten
H. Marshall Estate
John Trifilles
B. Haywood
2. The above property owners and other residents of the City of Dover will be heard at the meeting in accordance with The Charter of The City of Dover as to the installation of curbs and gutters on the aforementioned streets.
Passed October 8, 1962
Council adjourned at 10:45 P.M.
F. Neylan
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of October 8, 1962 are hereby approved.
October 11, 1962 Crawford J. Carroll Mayor