SPECIAL MEETING
August 24, 1959
The special meeting of City Council was held Monday, August 24, 1959 at 7:30 P.M. with Mayor Haman presiding. Councilmen present were Messrs Carroll, Davis, Hayes, Holpp, Mundy, Turner and Zartman.
MINUTES
Minutes of the meeting of City Council held on August 10, 959 were accepted as read and bore the written approval of Mayor Haman.
KEITH REQUEST
Judge Storey, Mr. George Carroll, and Mr. Walter H. Warrington, representative of Wesley Methodist Church, appeared before Council to comment on the affect that the proposed building, a garage with an apartment above, on the Keith property next to the Church might have on the Church. The question of the advisability of such a building in this location was discussed in the light of the fact that at certain times there are many small children in this area. On motion of Mr. Zartman, seconded by Mr. Hayes, the matter was referred to the Planning Commission for further study.
BUSINESS IN RESIDENTIAL SECTION
A request was heard for Mr. J, Ellis Clifton to open a barber shop in a separate room of his home at 222 Ross Street, a residential section. This request explained that it would be a business by appointment only, that no advertising or signs would appear on the premises, and that there should be no more than two of his customers’ cars parked in front of his home at any one time. After some discussion on the difficulties which have arisen in the past in cases such as this one, it was decided to hold the required hearing on the matter. On motion of Mr. Turner, seconded by Mr. Zartman, a hearing was set for September 14, 1959 at 7:30 P.M. at City Hall.
REQUEST FOR CURB DEPRESSION
The request of Wesley Cote for permission to make a curb depression in front of his home at 916 Sunset Terrace for a driveway was heard. It was reported that there are many such depressions in that area at this time. It was also brought to the attention of Council that if such a depression should necessitate the sloping of the sidewalk at that point it could create a hazard to pedestrians. However, Council was assured that sufficient space was available between the sidewalk and the curb to make the necessary slope without altering the sidewalk. On motion by Mr. Zartman, seconded by Mr. Davis the request was granted.
WESLEY COLLEGE PARKING
City Manager Ward presented the plans of Wesley College to make an eleven foot indentation in the curb at the following locations:
On the East side of Bradford Street North of Cecil Street
On the West side of Bradford Street South of Fulton Street
On the South side of Cecil Street between Governors Avenue and Bradford
The purpose of these indentations is to provide parking facilities for the students for the college and at the same time keep the streets at their present width. A question was raised concerning the many fine trees in that area which would have to be removed to complete the proposed changes. However, Council was assured that the College would plant new trees along the indented line. The advisability of angle parking was discussed, since such parking would make it necessary for the drivers of the cars parked in these spaces to back out of the spaces into through traffic, and such parking might also create the problem of the parked cars extending too far into the street. It was pointed out that there is an ordinance expressly forbidding angle parking within the City, but that Council has the power to grant a request such as this one. On motion of Mr. Carroll the request was granted, but with the stipulation that parallel parking shall be employed, rather than angle parking.
REVISED PLANS- ROBINO
Mr. George M. Records appeared on behalf of Mr. Frank Robino to ask that some suitable street plan be arrived at for the Mindlin and Konschak tracts in order that the developers may proceed with their plans. A plan had been submitted some time ago, but met with several objections of Council, including objections concerning certain intersections which were considered hazardous. A revised plan was then submitted and referred to the Planning Commission, which expressed no final decision on the plan. A third plan, which had been drawn up by a City engineer, was introduced at this meeting and was discussed at length and compared tot he original plan. Questions of consistency in adjoining tracts in cases such as reversed frontage and general street layout were argued in detail.
The opinions of the City Manager and City Engineer were requested and both expressed views in favor of a plan similar tot he third submitted. The arguments for this plan included the ease of installing utilities in such a plan and also the consistency of the general plan to neighboring tracts. The point was also made that this section of the City would provide a good starting place toward over-all City planning by Council.
The City Manager, City Engineer and City Planners were directed to meet with Mr. Robino’s engineers with the purpose of arriving at a plan for this area which would be suitable to both the developer and the City.
APPEAL FOR ANNEXATION
Mr. Walter A. Ellis and Mr. Gentile appeared before Council to request annexation of an area bounded generally be Wyoming Avenue, Puncheon Run, Governors Avenue and New Burton Road which includes a tract of land approximately twenty-five acres in size owned by their company, the Woodruff Realty Co. Mr. Ellis expressed the wish that when they are ready to sell houses in their development they would like to be assured that the development will be situated within the City limits in the near future, and also receiving City utilities. In his explanation Mr. Ellis brought out that a rough survey of the 100 acre areas in question indicates that a referendum would go through in favor of annexation. He also pointed out that if such a referendum should be defeated, the 25 acre tract owned by his company could still be annexed singly.
The main problem before Council concerning annexation at this time is the formulating of a policy to apply to all areas proposed to be annexed in relation to utilities. It was generally agreed upon that before any area is annexed a policy must be determined in order that the procedure in each case will be uniform. In the discussion that followed it was suggested that a professional firm be brought in to work out such a policy, and it was further suggested that it could be done within the City without professional consultation. City Manager Ward expressed the opinion that he, along with certain present City employees could formulate a workable policy within ninety days, but doubted that Council would accept it as readily as they would a similar policy submitted by professionals. On motion of Mr. Davis, seconded by Mr. Zartman the City Manager was directed to begin work, with any of the City employees as he saw fit, on a uniform policy concerning the cost of utilities to annexed areas.
SEWAGE DISPOSAL PLANT IMPROVEMENTS
It has been determined that the City sewage disposal plant is in need of certain improvements, the cost of which is estimated at between thirty and forty thousand dollars. There had been some doubt that Albright and Friel, Consulting Engineers, would take a job of such a small scope. However, it was reported that word has been received from Albright and Friel stating that they will take the job. The program for these improvements to the settling tanks, etc. would involve three steps: First, a report would be compiled to be submitted tot he Water Pollution Commission noting the present conditions and proposed changes; second, a design of the necessary improvements would be drawn up, including exact specifications for the project and the bidding forms for the construction work, this information to be submitted to the Board of Health; and third, the actual construction work would be done under the supervision of Albright and Friel.
On motion of Mr. Carroll, seconded by Mr. Mundy, Albright and Friel was authorized to go ahead with the necessary procedures in order to accomplish the necessary improvements to the sewage disposal plant.
STREET NAMES
The problem of duplications or similarities of street names within the City and adjoining areas outside the City was brought up, and several examples were cited. It was agreed that this problem is a serious one because the resulting confusion in fire or police calls could cause a delay in reaching the scene of an emergency which could cost a great deal in lives and property. It was further agreed upon that a committee should be appointed to deal in lives and property. It was further agreed upon that a committee should be appointed to deal with this situation, first within the City and then outside the City limits. A suggestion was made that Postmaster Heite be named to serve on the committee, and that the Kent County Levy Court be advised of this action and asked if they had any interest in such a committee.
SINCLAIR REFINING CO. REQUEST
Mr. H. B. Appleford of the Sinclair Refining Co., Fulton Street, made a request to the City to connect its bulk plant into the City water system, a main of which passes in front of the plant. His request stated that the Sinclair people will pay for any tapping fees and the laying of the lateral line necessary to make the connection. In the discussion that followed it was brought out that in the past Council allowed no taps such as this one outside the City limits and saw no reason to make an exception in this case. On motion of Mr. Mundy, seconded by Mr. Hayes, the request was denied.
ORDINANCE
By unanimous vote Council adopted the following Ordinance:
AN ORDINANCE REGULATING THE USE OF FIRE HYDRANTS AND CHARGES THEREFOR AND PROVIDING PENALTIES FOR VIOLATION THEREOF
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 to open or use any fire hydrant owned by the City of Dover within or without the City limits of the City of Dover except upon application to and permission of the City Manager.
Section 2. In the event the City Manager approves the application, a charge shall be made in an amount determined by the City Manager and shall include a sum sufficient to cover all expenses incurred by the City of Dover and to assure the return of the equipment of the City of Dover utilized in connection with the opening and use of the said hydrant or hydrants.
Section 3. This Ordinance shall not be applicable in the event of an emergency endangering life or property.
Section 4. Any person convicted of a violation of this ordinance shall be fined not less than Twenty-five ($25.00) Dollars and not more than One Hundred ($100.00) Dollars or upon failure to pay such fine as shall be imposed, imprisoned not more than five (5) days.
Passed August 24, 1959.
ORDINANCE
By unanimous vote Council adopted the following ordinance:
AN ORDINANCE REGULATING SANITARY AND SEWER TAPS AND FEES AND PROVIDING PENALTIES FOR VIOLATION THEREOF
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 to tap any sanitary sewer owned by the City of Dover within or without the City limits of the City of Dover.
Section 2. All tapping of sanitary sewers owned by the City of Dover shall be done by the City of Dover upon request of the person, firm, or association desiring such tapping, and providing the City of Dover, through its City Manager, considers such tapping advisable, and further, the City Manager may in his discretion grant permission to make such taps of the sanitary sewer to any person, firm or association desiring to do so upon application for permission to make such taps.
Section 3. The fees and charges for tapping of sanitary sewers by the City of Dover shall be based upon a formula on file at the City Hall and such fees and charges are subject to change without notice, and further, such fees and charges are to be based upon unit prices.
Section 4. Any person convicted of a violation of this ordinance shall be fined not less than Twenty-five ($25.00) Dollars and not more than One Hundred ($100.00) Dollars or upon failure to pay such fine as shall be imposed, imprisoned not more than five (5) days.
Passed August 24, 1959.
RESOLUTION CONCERNING HEARINGS FOR CURBING
On motion of Mr. Turner, seconded by Mr. Hayes, Council adopted, unanimously, the following Resolution:
A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER THE INSTALLATION OF CURBS ON THE SPECIFIED PORTIONS OF THE FOLLOWING NAMED STREETS WITHIN THE CITY OF DOVER
1. Between Fulton Street and Mary Street on Queen Street
2. Between New Street and West Street on Fulton Street
3. Between New Street and West Street on Cecil Street
4. Between New Street and Pear Street on Mary Street
5. Between New Street and Queen Street on Clara Street
6. Between the Boulevard and Walker Road on Bradford Street
WHEREAS, the Council of the City of Dover has considered the installation of curbs on portions of certain streets within the City of Dover, and
WHEREAS, in order to comply with the provisions of the Charter, it is necessary to hold a public meeting at a time and place to be duly published, and
WHEREAS, it is the decision of City Council to hold such public hearing and publish notice of such hearing in accordance with the Charter.
NOW THEREFORE BE IT RESOLVED by the Council of the City of Dover:
Section 1. The Council of the City of Dover will meet on Monday, September 14, 1959 at 8:00 P.M. Eastern Daylight Saving Time at the City Hall to consider the installation of concrete curbs on both sides of specified portions of the following named streets in the City of Dover in front of the properties of the following named persons and of assessing the cost thereof against the said owners. The specified portions of the streets within the City of Dover upon which the concrete curbs are to be installed are as follows:
Between Fulton Street and Mary Street on Queen Street
Between New Street and West Street on Cecil Street
Between New Street and West Street on Cecil Street
Between New Street and Pear Street on Mary Street
Between New Street and Queen Street on Clara Street
Between the Boulevard and Walker Road on Bradford Street
The following named persons are the owners or purported owners of the properties situate along the portions of the streets where the concrete curbs are to be installed:
Norman P. and Bessie R. Morris
Francis and Mary W. Turner
Marie K. Wharton
Austin and Lena B. Smith
Wm. W., Wm. P., harry A. Richardson
Earle N. Faulkner
Lola B. Arrington
Rosetta Scott, Estate
Bessie Hovington
Catherine E. George
House of God and Church of Living
God and pillar and Ground of Truth
Della V. Catts
Edward C. Scott
Preston and Evelyn Eisenbrey
Garfield Mosley
Joseph T. Benson, Estate
M. A. Hartnett, Inc.
Albert J. and Anna S. Deiss
Mary M. and Samuel E. Johnson, Sr.
Emerson N. Wright
Calvary Baptist Church
Martha Elizabeth Mintz
Helen L. Cephas
Perry A. Reese
James T. Mason, Estate
Vivian Carter
Andrew Price
Thomas J. and Beulah Gray
Oliver Cooper, Estate
Bessie Cooper, Heirs
Frances Haines
Harry A. Young
Louise A. Cooper
Harry E. Bowdle
Mt. Zion A. M. Church
Flora M. and William Thomas Waters
Ester W. Keith
Joseph Ravy
Nettie Clayton, Estate
Flora M. and William Thomas Water
Wayman Ryder
B. Leroy and Priscilla Washington
Alfred and Helen Daniels
Elmer Johnson
Della M. Scott
Frank Demby, Jr., and Sarah P. Young
Ralph and Lola Tue
Rosetta Scott, Estate
Preston and Evelyn Eisenbrey
Henry B. and Mary L. Appleford
Joseph Ravy
Charles Levi Daly
Edward C. Scott
John Grienage
Anderson E. and Norma A. Patterson
Mt. Zion A. M. Church
Charles Swiggett, Estate
Albert L. and Reba D. Burton
W. R. and Aleine R. Hayman
William and Dorothy Craig Griffin
Bessie Eunice Taylor
Rev. G. E. Matthews and Wife
Ernest V. Keith
Kate Waters
Lola B. Arrington
Edward C. Scott
Ernest V. Keith
Elwood Craig
Edith L. Bethel
William J. Hovington
Alfred B. and Hattie Waters
G. Hastings Hovington
William H. Fullman
Andy E. and Nora A. Patterson
Louise H. Macniuen
Edward P. Wais
Holy Cross Church
Theressa Crowley
Myrtle L. Thomas
United States of America
William H. McKee, Jr.
Andy E. and Nora A. Patterson
B. Leroy and Priscilla Washington
Kent Concrete Co.
Sarah Elizabeth Helm
United States of America
Margaret Tomlinson and Elizabeth Clark
Edgell Construction Co.
Section 2. At the said meeting the Council will hear the aforesaid owners of property and other residents of the City in accordance with Section 28 of the Charter of The City of Dover, as amended by Chapter 152, Volume 37, Laws of Delaware.
Passed August 24, 1959.
HARRIMAN RIPLEY AGREEMENT
The agreement which was prepared and sent to Harriman Ripley, Inc. of New York was returned to the City along with suggestion for some small changes in the agreement. It was reported that the suggested changes were of a technical nature and did not in any way change the actual terms of the agreement. On motion of Mr. Zartman, seconded by Mr. Davis, the revised agreement was adopted.
REGISTRATION OF FIRE MARSHALL
Fire Marshall George D. Hill, Jr. tendered an oral registration from the position of Fire Marshall and from any committees on which he serves in the capacity of Fire Marshall as a midnight August 31, 1959. The Mayor and Council expressed their thanks to Mr. Hill for his services during the time that he held the position.
Meeting adjourned at 10:45 P.M.
F. Neylan
City Clerk
All ordinances, resolutions and orders adopted by City Council at its meeting of August 24, 1959 are hereby approved.
August 26, 1959 W. Edward Haman
Mayor