REGULAR MEETING
December 14, 1959
The regular meeting of City Council was held Monday, December 14, 1959, at 7:30 P.M. with Mayor Haman presiding. Councilmen present were Messrs Carroll, Davis, Fromm. Hayes, Holpp, Mundy, Turner and Zartman.
The invocation was said by the Rev. Theodore Hafner of St. John’s Lutheran Church.
MINUTES
Minutes of the meeting of November 23, 1959 were accepted as read and bore the written approval of Mayor Haman.
REPORTS
Report of City Alderman Dempsey was accepted as read. Checks in the amounts of $134.00; $319.20 and $211.00 were remitted to the City. Report of Acting Alderman Shockley was accepted as read. A check in the amount of $250.50 was remitted to the City.
Report of the Chief of Police was accepted as read.
Report of the Fire Marshall was accepted as read.
Report of Cash Receipts for November was accepted as read.
Report of Budget Expenditures for October was accepted as read.
FIRE CHIEFS
On motion of Mr. Davis, seconded by Mr. Hayes, Council elected the following Chief Engineers of the Robbins Hose Company for the year 1960:
Chief Engineer - George D. Hill Jr.
First Engineer Paul N. Kertiles
Second Assistant Jack T. Roe
LASHLEY BUSINESS
Ernest B. Lashley requested permission to carry on the business of wholesale candy distributor at 411 N. Bradford Street, a residential. The request was duly advertised for hearing at this meeting. No petitions have been received for or against the request. On motion of Mr. Carroll, seconded by Mr. Turner, Council granted permission to Ernest B. Lashley to carry on the business of wholesale candy distributor at 411 N. Bradford Street with the provision that the present business facilities are not to be expanded and that no advertising bor display be made on the premises.
CITY MANAGER REPORT
Report of the City Manager was accepted as read.
URBAN RENEWAL
City Solicitor Buckson presented for the consideration of Council a resolution requesting the reservation of Capital Grant Funds, approving the undertaking of surveys and plans for an urban renewal project, and the filing of an application for Federal advance of funds. The resolution estimated the cost of surveys and plans to be approximately $86,353.00. If the project is approved or deemed feasible this approximate sum would be advanced by the Federal government without obligating Dover to further expenditures. Richard May, of the Planning Consultant firm of Raymond & May, further outlined to Council the procedure required in an Urban Renewal Project. Dover can withdraw its approval of the project at any time. If the plans are prepared, at no cost to Dover, and finally approved by the Dover Council and the Federal Government, Dover would be required to pay one-third of the final cost of the project. This payment could be in the form of capital expenditures by the City of Dover, the State of Delaware, or the local school board which can be applied to the requirements of the area. If any of Dover’s share of the cost must be met by a bond issue, Council’s final approval of the project and the assumption of any financial obligation can be withheld pending the approval of a bond issue by public referendum. Mr. Zartman questioned the obligation of the City in relocating those displaced by a renewal project. Mr. Fromm and the Planning Consultants explained the particulars.
The area involved is bounded generally by Loockerman Street, South Street, the Railroad and some points east of Governors Avenue.
On motion of Mr. Fromm, seconded by Mr. Carroll, Council by vote of 6 to 1 adopted the following resolution. Mr. Hayes voted ‘No’. Mr. Davis was absent.
RESOLUTION OF APPLICANT REQUESTING THE RESERVATION OF CAPITAL GRANT FUNDS, APPROVING THE UNDERTAKING OF SURVEYS AND PLANS FOR AN URBAN RENEWAL PROJECT, AND THE FILING OF AN APPLICATION FOR FEDERAL ADVANCE OF FUNDS.
WHEREAS, under Title I of the Housing Act of 1949, as amended, and the Housing Act of 1954, the Housing and Home Finance Administrator is authorized to extend financial assistance to localities in the elimination and prevention of the spread of their slums and urban blight through the planning and undertaking of urban renewal projects; and
WHEREAS, it is desirable and in the public interest that the City of Dover prepare surveys and plans, presently estimated to cost approximately Eighty-Six Thousand Eight Hundred and Fifty-Three Dollars ($86,853.00), in order to undertake and carry out an urban renewal project of the character contemplated by Section 110(c) of said Title I, in that certain area, proposed as an Urban Renewal Area, situated in the City of Dover, County of Kent, and State of Delaware, and described as follows:
Boundary Description
(All Block and Parcel Numbers are as shown on the attached Project Boundary Map)
Starting at a point formed by the northerly side of West Loockerman Street and the westerly side of South West Street
and proceeding in an easterly direction along the northerly side of West Loockerman Street to an intersection with the extended easterly side of South Queen Street and proceeding in a southerly direction along the extended easterly side of South Queen Street to an intersection with the northerly side of an alley which is parallel to and approximately 18- feet south of the southerly side of West Loockerman Street; and proceeding in an easterly direction along the northerly side of said alley extended to an intersection with the easterly side of South New Street and proceeding in a southerly direction along the easterly side of South New Street to an intersection with the northerly property line of Parcel 1, Block 2 and proceeding in an easterly direction along the extended northerly property line of Parcel 1, Block 2 to an intersection with the westerly property line of Parcel 6, Block 2
and proceeding in a northerly, easterly and southerly direction along the perimeter boundary of Parcel 6, Block2 to an intersection with the northerly property line of Parcel 7, Block 2 and proceeding in an easterly direction along the northerly property line of Parcel 7, Block 2 to an intersection with the westerly side of South Governors Avenue and proceeding in an easterly direction along a line to the northwesterly corner of parcel 14, Block 1
an proceeding in an easterly direction along the northerly perimeter boundary lines of Parcels in 14, 12 and 11, Block 1 to an intersection with the westerly property line of Parcel 10, Block 1 and proceeding in an easterly direction along the extended northerly property line in an easterly direction along the extended northerly property line of Parcel 9, Block 1 to an intersection with the westerly property line of Parcel 8, Block 1 and proceeding in a southerly direction along the westerly property line of Parcel 8 Block 1 to a point approximately 50 feet norther of the northerly side of West North Street
and proceeding in an easterly direction along a line parallel to the northerly side of West North Street to an intersection with the westerly property line of Parcel 7, Block 1 and proceeding in a northerly, easterly and southerly direction along the perimeter boundary of Parcel 7, Block 1 to an intersection with the northwesterly corner of Parcel 6, Block 1
and proceeding in an easterly and southerly direction along the perimeter boundary of Parcel 6, Block 1 to an intersection with the northerly side of West Street and proceeding in an easterly direction along the northerly side of West North Street to an intersection with the westerly property line of Parcel 5, Block 1 and proceeding in a northerly direction along the westerly property line of Parcel 5, Block 1 to an intersection with the northerly property line of Parcel 5, Block 1 and proceeding in an easterly direction along the extended northerly property line of Parcel 5, Block 1 to an intersection with the easterly property line of Parcel 3, Block 1
and proceeding in a southerly direction along the easterly property line of Parcel 3, Block 1 to an intersection with the extended northerly property line of Parcel1, Block 1 and proceeding in an easterly direction along the extended northerly property line of Parcel 1, Block 1 to an intersection with the easterly property line of Parcel 1, Block 1
and proceeding in a southerly direction along the easterly property line of Parcel 1, Block 1, to an intersection with the northerly side of West North Street and proceeding in an easterly direction along the extended northeasterly side of South State Street and proceeding in a southerly direction along the easterly side of South State Street to an intersection with the extended southerly property line of Parcel 28, Block 8 and proceeding in a westerly direction along the extended southerly property line of Parcel 28, Block 8 to an intersection with the westerly property line of Parcel 28, Block 8
and proceeding in a northerly direction along the westerly property line of property line of Parcel 28, Block 8 to a point approximately 15 feet south of the southerly side of West Street and proceeding in a westerly direction along a line parallel to the southerly side of West North Street to an intersection with the easterly property line of Parcel 1, Block and proceeding in southerly direction along the easterly property line of Parcel1, Block to an intersection with the southerly property line of Parcel 1, Block 8
and proceeding in a westerly direction along the extended southerly property line of Parcel 1, Block 8 to an intersection with the easterly property line of Parcel 5, Block 8 and proceeding in a southerly and westerly direction along the perimeter boundary of Parcel 5, Block 8 to an intersection with the easterly property line of Parcel 26, Block 8 and proceeding in a southerly direction along the easterly property line of Parcel 26, Block 8 to an intersection with the northerly property line of Parcel 27, Block 8 and proceeding in an easterly direction along the northerly property line of Parcel 27, Block 8 and proceeding in a southerly direction along the extended easterly property line of Parcel 27, Block 8 to an intersection with the southerly side of Bank Street
and proceeding in a westerly direction along the southerly side of Bank Street to an intersection with the easterly property line of Parcel 1, Block 9 and proceeding in a southerly, easterly, southerly and westerly direction along the easterly perimeter boundary lines of Parcels 1 and 3, Block 9 to an intersection with the extended easterly side of an alley which is generally parallel to, and approximately 200 feet east of the easterly side of South Governors Street
and proceeding in a southerly direction along the extended easterly side of said alley to an intersection with the northerly property line of Parcel 18, Block 9 and proceeding in an easterly direction along the extended northerly property line of Parcel 18, Block 9 to an intersection with the easterly side of Parcel 21, Block 9 and proceeding in a southerly direction along the easterly property line of Parcel 21, Block 9 to an intersection with the northerly side of West Water Street and proceeding in an easterly direction along the northerly side of West Water Street to an intersection with the extended easterly property line of Parcel 1, Block 13
and proceeding in a southerly direction along the extended easterly property line of Parcel 1, Block 13 to an intersection with the southerly property line of Parcel 1 Block 13 and proceeding in a westerly, northerly and westerly direction along the southerly perimeter boundary lines of Parcels 1, 3, 3, 4, 5, 6, 7 and 8, Block 13 to an intersection with the easterly side of South Governors Avenue and proceeding in a southerly direction along the easterly side of South Governors Avenue to an intersection with the southerly side of South Street and proceeding in a westerly direction along the southerly side of South Street to an intersection with the westerly side of South New Street
and proceeding in a northerly direction along the westerly side of South New Street to an intersection with the southerly side of West Water Street and proceeding in a westerly direction along the southerly side of West Water Street to an intersection with the easterly property line of Parcel 2, Block and proceeding in a southerly and westerly direction along the extended perimeter boundary of Parcel 2, Block 14 to an intersection with the westerly side of South West Street and proceeding in a northerly direction along the westerly side of South West Street to an intersection with the extended northerly side of West Water Street and proceeding in an easterly direction along the extended northerly side of West Water Street to an intersection with the westerly property line of Parcel 16, Block 12 and proceeding in a northerly direction along the westerly property line of Parcel 16, Block 12 to an intersection with the southerly property line of Parcel 14, Block 12
and proceeding in a westerly direction along the extended southerly property line of Parcel 14, Block 12 to an intersection with the westerly side of South West Street and proceeding in a northerly direction along the westerly side of South West Street to an intersection with the extended northerly side of Bank Lane and proceeding in an easterly direction along the extended northerly side of Bank Lane to an intersection with the easterly property line of the “Gas Works” and proceeding in a northerly and westerly direction along the perimeter boundary of the “Gas Works” extended to an intersection with the westerly side of South West Street and proceeding in a northerly direction along the westerly side of South West Street to an intersection at the point of beginning.
Areas excluded are: Parcel 12, Block 4; Area bounded by the northerly side of Bank Street, westerly side of South Governors Avenue; southerly side of North Street and the easterly side of South New Street.
WHEREAS, the above-cited Federal law requires as a condition to the execution of a contract for a loan and capital grant for an urban renewal project that the locality present tot he Housing and Home Finance Administrator a workable program as set forth in Section 101(c) of said Title I, for utilizing appropriate public and private resources to eliminate and prevent the development or spread of, slums and urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of blighted, deteriorated, or slum areas or to undertake such other feasible community activities as may be suitable employed to achieve that objectives of such a program; and
WHEREAS, it is recognized that the contracts for loans and capital grants for urban renewal projects will require, among other things, (1) the approval of the urban renewal plan by the governing body of the locality in which the project is situated; (2) the provision of local Grants-in-aid which may consist of donations of cash, land, demolition or removal work; and the installation, construction or reconstruction of streets, utilities, parks, playgrounds or other improvements or the provision of other public buildings or facilities; and (3) the development of a feasible method for the relocation of families displaced from the urban renewal area.
NOW THEREFORE BE IT RESOLVED BY The Mayor and Council of the City of Dover:
Section 1. That the proposed Urban Renewal Area described above is a slum, blighted, deteriorated or deteriorating area appropriate for an urban renewal project and that the undertaking by the city of Dover of surveys and plans for an urban renewal project of the character contemplated by Section 110(c) of the Housing Act of 1949, as amended and supplemented, in the proposed Urban Renewal Area described above, is hereby approved.
Section 2. That the financial assistance provided under said Title I to assist urban renewal projects is needed and that the Housing and Home Finance Administrator is hereby requested to reserve for an urban renewal project in the proposed Urban Renewal area described above Federal capital grant funds in an amount sufficient to enable to City of Dover to finance the undertaking of the Project.
Section 3. That it is cognizant of the conditions that are imposed in the undertaking and carrying out of urban renewal projects with federal financial assistance under Title I, including the requirements of said Title I respecting the workable program mentioned above, and that it is the sense of this body
(a) that a feasible method for the relocation of families displaced from the urban renewal area, in conformity with said Title I, can be prepared, and (b) that local grants-in-aid, consisting of donations of cash, land, demolition or removal work, and the installation, construction or reconstruction of streets, utilities, parks, playgrounds or other improvements or the provision of other public buildings or facilities, necessary for carrying out in the Urban Renewal Area the urban renewal plan, can will be provided in an amount which will not be less than one-third of the net project cost and which, together with the Federal capital grant, will be generally equal to the difference between gross project costs and the proceeds or value of project land sold, leased or retained for use in accordance with the urban renewal plan.
Section 4. That the filing of an application by the City of Dover for an Advance of funds from the United States of America in amount not to exceed Eighty-Six Thousand Eight Hundred and Fifty-Three Dollars ($86,853.00) for surveys and plans for an urban renewal project in the urban renewal area described above is hereby approved, and that the City Manager is hereby authorized and directed to execute and file such Application with the Housing and Home Finance Administrator, and to provide such additional information and to furnish such documents as may be required by said Administrator, and to act as the authorized representative of the City of Dover.
Adopted December 14, 1959
HOUSING CODE
Mr. Fromm stated that a survey revealed the fact that Dover had generally adequate building ordinances but lacked a housing code. On motion of Mr. Fromm, seconded by Mr. Turner, Council authorized the Mayor to appoint a committee consisting of te Fire Marshall, Building Inspector, and three other members to prepare for the consideration of Council a Housing Code.
BUCKLE GUN ORDINANCE
On motion of Mr. Holpp, seconded by Mr. Turner, Council by unanimous vote passed the following ordinance:
AM ORDINANCE PROHIBITING THE SALE, PURCHASE OR POSSESSION WITHIN THE CITY OF DOVE OF A GUN COMMONLY KNOWN AS “BUCKLE GUN”.
WHEREAS, it is deemed in the best interest of the public safety to prohibit and prevent the sale, purchase or possession of a gun commonly known as “Buckle Gun” within the limits of the City of Dover,
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
Section 1. From and after the passage and approval of this Ordinance it shall be unlawful for any person, firm or association to sell and/or purchase and/or possess a gun commonly known as “buckle gun” within the limits of the City of Dover.
Section 2. Any person convicted of a violation of this Ordinance shall be fined not less than Ten ($10.00) Dollars nor more than Twenty-five ($25.00) Dollars or upon failure to pay such fine as may be imposed, shall be imprisoned not more than five (5) days.
Passed December 14, 1959
POWER PLANT SITE
A letter from Mr. Zartman pointed out that he is an employee of the Parker Agency and such will share in the commission received by that agency from W. W. Laird for sale of the land which the City of Dover contemplates using as a power plant site. In view of this interest he requested that the Council reconsider purchase of the land while he refrained from participation in the discussion and vote.
On motion of Mr. Holpp, seconded by Mr. Hayes, Council directed that the letter of Mr. Zartman be accepted and made a part of the minutes. The letter is attached hereto and made a part of the minutes.
With Mr. Zartman disqualifying himself from participation in the discussion and vote, Council reconsidered its action which authorized purchase of the power plant site. On motion of Mr. Turner, seconded by Mr. Holpp, Council confirmed its previous action and authorized purchase of the power plant site.
DRIVEWAY
Mrs. Salome D. Edgeworth requested permission to install a driveway at 34 S. State Street which would permit entrance from State Street and exit on the alley. On motion of Mr. Turner, seconded by Mr. Hayes, the request was referred to the Chief of Police for study and recommendation.
LAYTON COMPANY ENTRANCE
Layton & Company requested permission to widen its driveway from Division Street so that trucks can enter and leave without backing. The police department recommends the project to prevent the recurrence of accidents and near-accidents. On motion of Mr. Mundy, seconded by Mr. Zartman, the request was approved.
IMPROVEMENT POLICY
Mr. Holpp reported the recommendations of the utility Committee concerning the extension of City facilities to undeveloped areas within the City, including any areas which may be annexed. The Committee recommended that the cost of all City facilities, including sewer, water, streets, curbs and gutters, etc. be paid by the developer. Street lights will be extended at City expense. The policy would apply where an individual developer was concerned. There was no policy recommendation for charging costs to individual lot or home owners. This they hoped to have ready for the next meeting of Council. The committee also recommended annexation referendums for the Ellis lands, the Pippin lands, Beechwood development, and the area to the north of Beechwood.
On motion of Mr. Holpp, seconded by Mr. Davis, Council approved the policy under which the extension of City facilities to undeveloped area within the City would be paid for by the developer.
ANNEXATION REFERENDUM
On motion of Mr. Holpp, seconded by Mr. Davis, Council by unanimous vote adopted the following resolution:
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 oft he 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 o the City of Dover deem it in the best interest of the City of Dover to include an area known as the Pippin lands as hereinafter more particularly described within the limits of the City of Dover.
NOW THEREFORE BE IT RESOLVED:
1. That the following described areas situate in East Dover Hundred, Kent County, Delaware, as more particularly bounded and described herein be annexed to the City of Dover:
(a) ALL that certain area bounded on the West by the East line of lands of the Delaware Railroad Company, on the south by the center line of Puncheon Run, on the East by the West curb line of Governors Avenue, on the North by the North line of Wyoming Avenue.
(b) ALL that certain area BEGINNING at a point on the north side of Wyoming Avenue opposite a concrete monument on the southerly side of Wyoming Avenue (60' wide), measured N. 780 22' W., four hundred sixty-one and forty one-hundredths feet (461.40'0 from the westerly side of Monroe Terrace (60') wide; THENCE by lands now or late of C. F. Schwartz and through lands now or late of Funk, S. 100 53' W. one thousand forty-three and ninety-five one-hundredths feet (1043.95') to a concrete monument (passing over a concrete monument at 924.95'); THENCE by lands now or late of Robert Pippin, N. 780 58' W/ one thousand one hundred thirty-three and forty-seven one-hundredths feet (1133.47') to a concrete monument; THENCE by lands now or late of William Konschak, N. 110 09' E., one thousand fifty-three and thirty one-hundredths feet (1053.30') to a point on the northerly side if the aforesaid Wyoming Avenue; THENCE by the same S. 780 22' E., one thousand one hundred twenty-eight and seventy-four one hundredths feet (1128.74') tot he first mentioned concrete monument or place of beginning; CONTAINING twenty-five and six hundred sixty-five one-thousandths acres more or less (25.665 TA.).
2. That an election be held on the first day of February, A. D., 1960 at the Pippin farm house located in a proposed development known as Woodbrook for the purpose of submitting the question of annexation of either or both of the above areas 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.
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 December 14, 1959
Council adjourned at 11:30 P.M.
F. Neylan
City Clerk
All ordinances, resolutions and orders adopted by City Council at its meeting of December 14, 1959 are hereby approved.
December 18, 1959 W. Edward Haman
Mayor