REGULAR MEETING
November 27, 1961
The regular meeting of City Council was held Monday, November 27, 1961 at 7:30 P.M. with Mayor Haman presiding. Councilmen present were Messrs Carroll, Davis, Fromm, Hayes, Holpp, Thompson, Turner and Zartman.
MINUTES
Minutes of the meeting of November 13, 1961 were accepted as read and bore the written approval of Mayor Haman.
ROBBINS HOSE COMPANY ELECTION
Councilman Zartman, Davis and Carroll, the appointed Election Committee, certified to Council the results of the nominating election of the Robbins Hose Company to be as follows:
Fire Chief:
Paul N. Kertiles 34 votes
Deputy Fire Chief:
Jack T. Roe 33 votes
Assistant Fire Chief:
James B. Bice, III 35 votes
Assistant Fire Chief:
Norris B. Garrison, Jr. 29 votes
Assistant Fire Chief:
Wilson Comegys 32 votes
Walter Stewart 8 votes
On motion of Mr. Hayes, seconded by Mr. Turner, Council accepted the report of the Election Committee:
MIFFLIN ANNEXATION REFERENDUM
Robert F. Hayes, Raymond F. Book Jr. and Hattye Mae Biddle, Kent County Election officials who conducted a referendum election November 25, 1961, on the question of annexing to the City of Dover to tract of land of approximately 150 acres known as the Mifflin Farm, certified to Council the result of the referendum to be as follows:
FOR inclusion within the City of Dover 150 votes
AGAINST inclusion within the City of Dover 0 votes
Council accepted the certification of the election officials.
ANNEXATION RESOLUTION
On motion of Mr. Carroll, seconded by Mr. Zartman, Council by unanimous vote adopted the following resolution:
RESOLUTION APPROVING THE INCLUSION OF AN AREA FORMERLY KNOWN AS THE MIFFLIN LANDS 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 by 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 known as the Mifflin lands as hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held on the 25th say of November A.D., 1961, for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, there were 150 votes cast for the inclusion within the City of Dover of the hereinafter described lands and no votes cast 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 shall thereupon adopt a resolution annexing said territory and including same within the limits of The City of Dover
NOW THEREFORE BE IT RESOLVED:
1. That the following described area situated in East Dover Hundred, Kent County, Delaware, as more particularly bounded and described herein shall be annexed to and included within the limits of The City of Dover;
ALL that certain trat of land lying and being in East Dover Hundred, Kent County and State of Delaware and being adjacent to The City of Dover and being more particularly described as follows, to-wit:
BOUNDED on the east by the western boundary of The City of Dover; on the south by the southerly right-of-way line of the Dover to Hazlettville road; on the west in part by Mifflin road and in part by a lot of Phillip Gay, excluding same; and in part by three lots of the Diamond State Land Investment Co., Incl, excluding same; on the north by lands of the heirs of von Rowe Pleasanton and lands of Anna Reed and containing 150 acres of land be the same more or less.
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. That the effective date of this resolution shall be the 28th day of November, 1961, at 12:01 A.M. o’clock.
Adopted November 27, 1961
REPORTS
City Clerk Neylan reported that the progress report on the McKee Run generating report for the month of October was available in the office of the City Manager for the information of members of Council.
City Clerk Neylan also reported that the condensed audit report of City accounts for the year ending June 30 would probably be ready for publication this week.
URBAN RENEWAL
Myron Lamb, Redevelopment Director, reported that a meeting would be held with Council on Wednesday, November 29, to review the Urban Renewal Program. He presented three contracts for planning program assistance which required approval by resolution of Council.
On motion of Mr. Thompson, seconded by Mr. Davis, Council by unanimous vote adopted the following Resolution:
RESOLUTION IN RE CONTRACT FOR SERVICES RENDERED BY CITY SOLICITOR
WHEREAS, the Local Public Agency is authorized and empowered to engage legal services of the City Solicitor of The City of Dover in regard to matters pertaining to planning, and
WHEREAS, pursuant to such authorization, the Local Public Agency has engaged the services of David P. Buckson, City Solicitor, and
WHEREAS, David, P. Buckson has rendered such services to the Local Public Agency as are set forth on Page 1 of the Agreement between the Local Public Agency and David P. Buckson
Now Therefore Be It Resolved By The Mayor And Council Of The City of Dover In Council Met that the Agreement referred to above is hereby adopted by the said Mayor and Council of The City of Dover.
Adopted November 27, 1961.
On motion of Mr. Turner, seconded by Mr. Davis, Council by unanimous vote adopted the following Resolution:
RESOLUTION ADOPTING THE AMENDMENT TO THE AGREEMENT DATED THE 3rd DAY OF JANUARY, 1961 BY AND BETWEEN THE LOCAL PUBLIC AGENCY AND HANBY, PATTERSON & SCHWARTZ, INC., A CORPORATION OF THE STATE OF DELAWARE
WHEREAS, The City of Dover, a municipal corporation of the State of Delaware, hereinafter referred to as the “Local Public Agency”, and Hanby, Patterson & Schwartz, Inc., a corporation of the State of Delaware, hereinafter referred to as the “Appraiser”, entered into a contract on the 3rd day of January, 1961, providing for the appraisal of properties located within the project area more particularly described in the said Agreement, and
WHEREAS, pursuant to this Agreement, provision was made for the appraisal of such additional parcels as was deemed necessary by the Local Public Agency
Now Therefore Be It Resolved By The Mayor And Council Of The City Of Dover that the Amendment to said Agreement is hereby adopted and that the Mayor on behalf of the Local Public Agency be and is hereby authorized and empowered to affix his hand and seal to the said Amendment.
Adopted November 27, 1961
On motion of Mr. Thompson, seconded by Mr. Fromm, Council by unanimous vote adopted the following Resolution:
RESOLUTION ADOPTING THE AGREEMENT BETWEEN THE LOCAL PUBLIC AGENCY AND DAMES & MOORE
WHEREAS, the Local Public Agency, on March 2, 1960, entered into a contract with the United State of America providing for financial aid to the Local Public Agency, and
WHEREAS, pursuant to such contract, the Local Public Agency is undertaking activities necessary for the planning or execution of a project, and
WHEREAS, the Local Public Agency was desirous of engaging the services of Dames & Moore, a corporation of the State of New York, to render technical services with regard to soil analysis of property within the project area.
Now Therefore Be It Resolved By The Mayor And Council Of The City Of Dover that the Agreement affixed hereto shall be adopted and that the Mayor of the said City shall be authorized to affix his hand and seal as representative of the Local Public Agency to the Agreement.
Adopted November 27, 1961.
ZONING ORDINANCE
Council considered the proposed zoning ordinance prior to its adoption. Members of the Zoning Commission were present to answer questions of Councilmen. Councilman Zartman questioned provisions of the proposed ordinance, including those relating to keeping pets, conditional and accessory uses permitted in residential section, location of funeral homes, signs, height of buildings, prohibited commercial establishments in C-1A zone, hotels, office buildings and restaurants. He particularly questioned delegation of powers to the Planning Commission which he felt should be retained by City Council. Answers and explanations were supplied by members of the Zoning Commission, Councilman Fromm and the City Solicitor.
Councilman Fromm moved that the Zoning Ordinance be adopted with proposed Section 2.44 deleted and the fee in Section 11.12 established at $25.00. Councilman Thompson seconded the motion. Councilman Zartman, seconded by Councilman Hayes, moved that the ordinance be amended by substituting the word “may” for the word “shall” wherever the latter word appeared in the phrase “Council shall refer tot he Planning Commission” and by making other necessary changes to conform with substitution. On the proposed amendment, Councilmen Hayes and Zartman voted ‘Yes’, Councilmen Carroll, Davis, Fromm, Holpp, Thompson and Turner voted ‘No’. The ordinance is attached hereto and made a part of there minutes.
SUBDIVISION REGULATIONS
Council considered approval of Land Subdivision Regulations adopted by the Planning Commission. Councilman Thompson questioned the requirement for sidewalk width and the location of trees on street lines. The sidewalk requirement generally conforms to the present City ordinance. Trees will be required to be located so as not to interfere with utilities. On motion of Mr. Thompson, seconded by Mr. Turner, that the Land Subdivision Regulations be approved, Councilmen Carroll, Davis, Fromm, Holpp, Thompson and Turner voted ‘Yes’, Councilmen Hayes and Zartman voted ‘No’. A copy of the regulations is attached hereto and made part of these minutes.
PLANNING REPORT
Councilman Fromm submitted to Council copies of a proposal of the Planning Commission for a method of dealing with problems connected with the possible annexation of territories to the City of Dover. As the hour was late, he suggested that discussion of the proposal be held at the next meeting of City Council.
PEOPLE TO PEOPLE
Mayor Haman announced that all Councilmen were invited to attend a meeting concerned with the ‘People to People’ program which will be held at 8 P.M., Wednesday, December 6, 1961 in the auditorium of the Elizabeth W. Murphy school.
Council adjourned at 11:30 P.M.
F. Neylan
City Clerk
All ordinances, resolutions and orders adopted by City Council at its meeting of November 27, 1961 are hereby approved.
November 29, 1961 W. Edward Haman
Mayor