REGULAR MEETING
August 13, 1962
The regular meeting of City Council was held Monday, August 13, 1962 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Hayes, Holpp, Hill, Hughes, Mowlds, Turner, Walls and Zartman.
The invocation was said by the Rev. Robert L. McKim.
MINUTES
Minutes of the meeting of July 23, 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 $167.00 and $138.50 were remitted to the City. Report of Magistrate Knotts was accepted as read. A check in the amount of $749.50 was remitted to the City. Report of Magistrate Cavanaugh was accepted as read. A check in the amount of $735.00 was remitted to the City.
Report of the Fire Marshal & Building Inspector was accepted as read.
Report of the Board of Health was accepted as read.
Report of General Fund Cash Receipts for July was accepted as read.
Report of General Fund Budget for June was accepted as read.
Cash reports of Electric Revenue Fund and Electric Improvement Fund were accepted as read.
Electric Operating Report for June was accepted as read.
Report of the City Manager was accepted as read.
C & W PERMIT
C & W Auto Parts Co. was granted a building permit to construct a warehouse 20'x48' by City Council prior to adoption of our present zoning ordinance. They ask permission to modify the original request to permit construction of a warehouse 30'x50'. The City Solicitor advised Council that it was within their perogative to grant or deny the modified request. On motion of Mr. Hughes, seconded by Mr. Zartman, the request was granted. Councilman Walls disqualified himself from voting.
REFERENDUM RESULTS
City Clerk Neylan reported to Council the results of the referendum elections on annexation held Saturday, August 11, 1962 between the hours of 1 P.M. and 7 P.M. as certified to him by the Kent County Election Officials to be as follows:
In the territory or territories East of State Street and the present City limits:
For Annexation 12,793 votes
Against Annexation 12,168 votes
In the territory or territories west of State Street and north, south or west of the present City limits:
For Annexation 6,009 votes
Against Annexation 16,168 votes
On motion of Mr. Turner, seconded by Mr. Holpp, Council accepted the reports of the elections for inclusions of territories within the limits of the City of Dover, and declared the proposed annexation of territory or territories west of State Street, and north, south and west of the present City Limits to have failed.
On motion of Mr. Hayes, seconded by Mr. Hill, Council by unanimous vote adopted the following resolution annexing the territory or territories East of State Street and the present City limits and including same within the limits of the City of Dover:
RESOLUTION APPROVING THE INCLUSION OF AN AREA EAST 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 the best interest of The City of Dover to include an area East of the City of Dover as hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, there were 12793 votes cast for the inclusion within The City of Dover of the hereinafter described lands 12,168 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 IF THE CITY OF DOVER IN COUNCIL MET:
1. That the following described area shall be annexed to and included within the limits of the City of Dover:
ALL THAT certain piece, parcel or tract of land and premises now situated in EastDover Hundred, Kent County and State of Delaware, East of State Street, including Edgehill, Edgehill Acres, Eastover Hills, Capitol Green and Morris Estates, and more particularly described as follows:
Beginning at a point in the East Right of Way line of State Highway (State Street), where it is intersected by the North Right of Way line of Wyoming Avenue extended; thence running in a Northerly direction with the East Right of Way line of said State Street to another point in said line, where it is intersected by the South line of “South Dover Heights” as shown on a plot of lots of “South Dover Heights” or record in the office of the Recorder of Deeds at Dover, Kent County and State of Delaware, in Deed Book M, Volume 12, page 218; thence leaving such State Street and running in an Easterly direction with the South line of said “South Dover Heights” to a point where said line intersects the West Bank of St. Jones River; thence running with the Westerly Bank of the St. Jones River in a Northerly direction to a point where it is intersected by the North Right of Way line of Kings Highway East near the Old Dover Water & Light plant; thence running in an easterly direction along the North Right of Way line of said Kings Highway East and crossing St. Jones River and Kings Highway North East to a point in said line, where it is intersected by the East line of lands of the City of Dover, on which is located the Old Light and Water Plant; thence running with the East line of lands of the said City of Dover in a Northwesterly direction to a point in the East Right of Way line of Kings Highway North East; thence in a Northerly direction with the East Right of Way line of said Kings Hwy. NE to another point in said line opposite the south line of lands now or formerly or Robert E. Lewis; thence in a westerly direction crossing said Kings Highway North East and along the south line of lands of said Robert E. Lewis to a point, when if extended, would intersect the West Bank of the St. Jones River; thence running up and along the Westerly bank of said St. Jones River and the high water line of Silver Lake, with several meanderings thereof, in a North and West direction to a point where the Westerly high water line of said Lake is intersected by the Northerly Right of Way line of Monroe Street extended; thence running in a Westerly direction with the Northerly Right of Way line of said Monroe Street, extended to a point where it intersects the Easterly Right of Way line of State Street; thence running in a Northerly direction with the East Right of Way line of State Street to a point therein opposite the South Right of Way line of Walker Road; thence running in a Westerly direction, across State Street along the South Right of Way line of Walker Road, to a point where this line is intersected by the West Right of Way line of said State Street; thence running in a northerly direction across Walker Road to a point where the North Right of Way line of Walker Road intersects the West Right of Way line of Silver Lake Causeway; thence running in a northerly direction along the West Right of Way line of Silver Lake Causeway to a point where it intersects the northerly high water line of Silver Lake; thence running in an easterly direction across said Silver Lake Causeway to a point where the East Right of Way line of Silver Lake Causeway intersects the northerly high water line of said Silver Lake; thence running in a Southeasterly direction along the high water line of said Silver Lake to a point where it intersects the easterly line of lands of the City of Dover; thence running in a southerly direction along the easterly line of lands of the City of Dover to a point where it intersects the south line of lands now or formerly of Robert E. Lewis; thence running in a southerly direction along the south line of lands of said Robert E. Lewis, to a point, where said line, if extended, would intersect the South Right of Way line of Kings Highway North East; thence running in an Easterly direction along the South line of Kings Highway North East to a point where it intersects the West Right of Way line of Dover By-Pass U.S. 13; thence in an Easterly direction across Dover By-Pass U.S. 13; to a point where the South Right of Way line of White Oak Road intersects the East Right of Way line of Dover By-Pass U.S. 13; thence along the South Right of Way line of White Oak Road to another point in said line, approximately 500 feet beyond Mitscher Road being the property line of the lands of John Pleasanton; thence in a Southerly direction along said lands of said John Pleasanton to a point where it intersects the North Right of Way line of a 15' alley as shown on a plot plan of Dover Heights; thence in an Easterly direction along the North Right of Way line of said alley to a point where it intersects with the East Right of Way line of Nimitz Road, as shown on Plot Plan of Dover Heights; thence in a Southerly direction along the East Right of Way line of said Nimitz Road to a point where it intersects the North Right of Way line of North Little Creek Road; thence ib an Easterly direction along said North Right of Way line of North Little Creek Road to another point in said line being the Easterly boundary of the subdivision of Capital View Farms, as shown on plot of lands of record in the office of the Recorder of Deeds at Dover, Kent County and State of Delaware, in Deed Book I, Volume 10, Page 143; thence in a Southeasterly direction along the Easterly boundary of the subdivision of Capital View Farms, projected to a point on the South Right of Way line of South Little Creek Road; thence in a Westerly direction along the South Right of Way line of South Little Creek Road to another point in said line being the Westerly boundary of the property of the Dover Elementary School; thence S 240 13' E 629.47' to a point being the Southerly boundary of the said property of the Dover Elementary School; thence S 650 47' W along said Southerly boundary of the property of the Dover Elementary School extended, to a point where it intersects the Westerly Right of Way line of U.S. Route 113; thence in a Southeasterly direction along the Westerly Right of Way line of U.S. Route 113 to a point where it intersects the Southerly boundaries of lands of the State Highway Department, formerly known as the Danner Farm Tract; thence S 650 57' W along the Southerly line of the lands of the State Highway Department to a point where said line intersects the West bank of the St. Jones River; thence in a Southerly direction along the West bank of the St. Jones River to a point where it intersects the Center line of Puncheon Run; thence in a Westerly direction along the Center line of Puncheon Run to a point where it intersects the East Right of Way line of State Street; thence in a Northerly direction along the East Right of Way line of State Street to the point 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 14th day of August, 1962, at 12:01 A.M. o’clock, EDST.
Passed August 13, 1962
POST OFFICE SITE
City Manager Ward reported on the status of negotiations with the Post Office Department for a new post office site to be located on lands of the City of Dover east of City Hall.
PONY LEAGUE REQUEST
A letter from the Dover Pony League thanked the City of Dover for its cooperation and support, and asked financial help in the expense of tournament play which took the local team to Hagerstown, Maryland. The net expense was approximately $150. On motion of Mr. Zartman, seconded by Mr. Walls, the Recreation Committee was authorized to approve such financial assistance as it deemed appropriate.
ZONING
Councilman Zartman stated his belief that the present zoning ordinance of the City of Dover did not provide properly for existing conditions and proposed that a committee be appointed to study the ordinance and recommend revisions. Mayor Carroll stated his belief that overall revision was unnecessary as the ordinance provided for granting of variances where such were justified. He believed that amendment should be limited to specific provisions of the ordinance proven to be inadequate or unjust. Mr. Zartman, seconded by Mr. Mowlds, moved that the Mayor appoint a committee of three Councilmen and the Building Inspector to study the Zoning Ordinance and recommend revisions to Council by the time of its 1st November meeting. Vote of the Councilmen was 4 to 4, Mayor Carroll voted ‘No’ thus defeating the motion.
PARKING AUTHORITY
On motion of Mr. Zartman, seconded by Mr. Mowlds, Council directed that the Parking Authority be requested to submit a Progress Report to City Council at its next regular meeting.
COUNCIL ROOM
On motion of Mr. Turner, seconded by Mr. Mowlds, the committee working on the Council Room was authorized to take and award bids on installing a fire escape. Mr. Hayes voted ‘No’.
On motion of Mr. Mowlds, seconded by Mr. Hill, the committee on the Council Room was authorized to complete the furnishing of the room.
UTILITY COMMITTEE REPORT
The report of the Utility Committee was accepted as presented. Councilman Holpp reported on his trip to Dorchester, Mass. to inspect a plant of General Foods, accompanied by Mr. Tischer of the Planning Commission, and Mr. Camper of the Delaware Air Pollution Commission.
PLANNING FOR NEW AREAS
On motion of Mr. Hayes, seconded by Mr. Holpp, Council directed that an estimate be obtained from J. M. Cleminshaw Company for appraising property in the newly annexed area.
On motion of Mr. Holpp, seconded by Mr. Turner, the Zoning Commission was requested to study and recommend to City Council zoning regulations for the newly annexed area.
On motion of Mr. Hayes, seconded by Mr. Mowlds, Council authorized employment of the firm of Albright & Friel to prepare engineering specifications for installation of sewer and water facilities in the newly annexed area.
On motion of Mr. Hill, seconded by Mr. Hayes, Council authorized the Mayor to appoint a committee of three Councilmen to study and recommend to Council safety measures for police and fire in the newly annexed area. Mr. Turner voted ‘No’.
On motion of Mr. Hill, seconded by Mr. Mowlds, Council requested the Planning Commission to study the requirements of the newly annexed area and to include it in the Master Plan for the City.
SCHOOL TRAILERS
Messrs Green and Hess of the Dover Special School District informed City Council that the District is planning to buy 5 or 6 trailers from the Caesar Rodney District for use as temporary classrooms in the Dover District. They asked Council to permit this use within the City. A City ordinance prohibits the use of portable structures for residence or business. On motion of Mr. Mowlds, seconded by Mr. Zartman, Council approved the request of the Dover School District because the ordinance did not specifically prohibit the use of portable structures for classrooms. Mr. Hayes voted ‘No’.
HOLDEN PLOT
James Hughes III, Attorney for William Holden presented a resolution to City Council proposing a public hearing on the abandonment of portions of certain alleys and a street in West Dover which have been plotted by William Holden but have never been in public use. Mr. Holden desires to sell a parcel of his land which includes portions of the plotted street and alleys. On motion of Mr. Hayes, seconded by Mr. Hill, the request was referred to the Planning Commission.
ALDERMAN AS MAGISTRATE
On motion of Mr. Zartman, seconded by Mr. Hill, Council directed that the Governor of Delaware be again requested to appoint the City Alderman as Magistrate. Councilman Hughes voted ‘No’.
SAFETY AWARD
Chief Turner reported that the City of Dover had been given a Safety Council Award because of No Pedestrian Deaths during 1961.
AWNING
Kohn’s Men’s Store had erected a fixed awning on its store front without obtaining the required City permit. A letter from Mr. Kohn requested Council to grant the permit. On motion of Mr. Hill, seconded by Mr. Hughes, the permit was granted, and Council directed that the dealer who erects such awnings be informed of the City regulations.
Council adjourned at 10:55 P.M.
F. Neylan
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of August 13, 1962 are hereby approved.
August 15, 1962 Crawford J. Carroll Mayor