REGULAR MEETING
May 13, 1963
The regular meeting of City Council was held Monday, May 13, 1963 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Harris, Hayes, Hill, Holpp, Hughes, Smith and Walls.
MINUTES
Minutes of the meeting of April 22, 1963 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police was accepted as read.
Report of Alderman Cavanaugh was accepted as read. Checks in the amounts of $676.20 and $220.00 were remitted to the City. Report of Magistrate Knotts was accepted as read. A check in the amount of $1269.50 was remitted to the City.
Report of the Fire Marshal and Building Inspector was accepted.
Report of the Board of Health was accepted.
Report of Cash Receipts, General Fund, was accepted.
Budget Report, General Fund, was accepted.
Cash Report, Electric Revenue Fund, was accepted.
Cash Report, Electric Improvement Fund, was accepted.
Electric Operating Report was accepted.
Report of the City Manager was accepted.
COLLEGE BUILDINGS
On motion of Mr. Hill, seconded by Mr. Hayes, the request of Wesley College to move buildings from 103 Cecil Street and 216 N. Bradford Street, to locations outside the City was approved.
PARKING - SMITH AUTOS
A letter from J. G. Smith Autos, Inc. requested that two spaces at the entrance to their used car lot on S. New Street be designated as no parking areas and that parking again be permitted in two spaces now marked as driveways. Mr. Hill seconded by Mr. Smith, moved that the request be denied. The motion was defeated by voted of 6 to 2. On motion of Mr. Hughes, seconded by Mr. Harris, the request was approved by vote of 6 to 2. Messrs Hill and Smith voted ‘No’.
BYERS DRIVEWAY
Julian Byers requested permission to install a driveway at 212 Lotus St. On motion of Mr. Hayes, seconded by Mr. Walls, the request was approved.
DELMARVA DRIVEWAYS
A letter from Delmarva Warehouses, Inc. requested permission to install two 30' driveways and to widen another driveway to 30' at a recently acquired property on the west side of Pear Street, north of Mary Street. On motion of Mr. Hill, seconded by Mr. Walls, the request was approved. Mr. Harris did not vote.
NATIONAL GUARD LOT
A letter to Council requested permission for a 40' curb depression on Kerbin Street as an entrance to a lot owned by W. L. Wheatley and used by the Delaware National Guard for parking tanks and vehicles. Council discussed the parking lot requirements of the City Zoning Ordinance. On motion of Mr. Hayes, amended by Mr. Hill, and seconded by Mr. Harris, the request was denied until such time as the parking lot conforms to the requirements of the zoning ordinance.
ELECTRIC DEPARTMENT BUDGET
A proposed budget for the Electric Department for the fiscal year beginning July 1, 1963 was submitted to City Council. The proposed budget has been considered and approved by W. C. Gilman & Company, Engineering Consultants. The revenue bond resolution of 1960 requires that a public hearing be held on the proposed budget prior to June 15. On motion of Mr. Hayes, seconded by Mr. Walls, Council directed that a public hearing on the proposed Electric Department budget be held at the Council meeting of June 10, 1963, and that the hearing be duly advertised.
BULLOCK OIL TANK
Arlington Bullock requested permission of Council to install an oil tank under the sidewalk on S. New Street near the rear of his apartment building fronting on Loockerman Street. On motion of Mr. Holpp, seconded by Mr. Harris, the request was denied by vote of 5 to 3. Messrs Hill, Hayes and Hughes, voted ‘No’.
UTILITY COMMITTEE
A written report of a meeting of the Utility Committee was submitted to City Council. The question of sewer and water to additional apartment units being built by Max Ambach was referred back to the Committee. On motion of Mr. Hayes, seconded by Mr. Hill, the report was accepted.
SEYBOLD
The Seybold Engineering Co. claims from the City the amount of $510.05 for extra work done on their contract at the sewage disposal plant. The Utility Committee recommends that the sum of $352.03, only, be approved for payment to that company for the extra work. On motion of Mr. Hayes, seconded by Mr. Hill, Council approved the recommendation of the Utility Committee.
SCHARNBERG
The Utility Committee recommended that Council approve the action of the City Manager in discontinuing the services of Lester N. Scharnberg. Councilman Hughes asked whether Council proposed to grant Mr. Scharnberg the hearing he requested in a letter, a copy of which each Councilman received. Mr. Hayes stated that because Council had approved the employment of Mr. Scharnberg, he felt he should be given a hearing. On motion of Mr. Hayes, seconded by Mr. Hughes, Council approved a hearing for Mr. Scharnberg.
SEWER BIDS
Bids have been received from George & Lynch, Edgell Construction Co., and Seaford Construction Co. for construction of sanitary sewer lines in the Eastover Hills section. Low bid was received from Edgell in the amount of $49,625.25. On motion of Mr. Hayes, seconded by Mr. Holpp, Council awarded the contract for sanitary sewer construction in the Eastover Hills section to Edgell Construction Co. on their low bid of $49, 625.25.
TENT SERVICE
Pastor John E. Collins of Bethel Seventh-day Adventist Church, 25 N. Queen Street, requested permission of Council to hold revival services for a period of eight weeks in a tent to be located at either Mary and West Streets, or Kirkwood and Fulton Streets. On motion of Mr. Holpp, seconded by Mr. Hayes, Council authorized use of the tent for the services at he Kirkwood and Fulton Streets location, providing fire code requirements are met.
BULLOCK ZONING
Arlington Bullock requested that property owned by him on the northeast corner of New and Loockerman Streets be rezoned from C-2 to RG-1. A public hearing will be required before action can be taken on the request.
On motion of Mr. Hughes, seconded by Mr. Harris, Council by unanimous vote adopted the following resolution:
RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON PROPOSED AMENDMENT TO THE ZONING MAP AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located on the Northeast corner of New Street and Loockerman Street in the City of Dover are zoned pursuant to the Zoning Ordinance of the City of Dover as C-2, and
WHEREAS, a request was submitted to the Mayor and Council to change the designated zone from C-2 to RG-1, and
WHEREAS, it is deemed in the best interests of proper zoning and planning that all lands in the above described area be rezoned.
NOW, THEREFORE, BE IT RESOLVED By The Mayor and Council:
1. That the Zoning Ordinance and the Zoning Map be amended as hereinafter set forth and that a public hearing on the proposed amendment be held on the 10th day of June, 1963, at City Hall at 8:00 P.M., Daylight Saving Time, and that notice thereof be given in accordance with the provisions of the Delaware Code and the Zoning Ordinance of the City of Dover.
2. That the land to be rezoned is located on the northeast corner of New Street and Loockerman Street and is presently referred to as the Vane property.
3. That the Zoning Map be amended and modified to reflect the changes as provided herein.
Adopted May 13, 1963
BOND RESOLUTIONS
On motion of Mr. Hughes, seconded by Mr. Smith, Council by unanimous vote adopted the following resolution:
WHEREAS, at a referendum election held in the City of Dover on January 21, 1963 a majority of the qualified voters of said City voted for the issue of bonds of the City of Dover of the aggregate principal amount of $2,500,000 to finance the following purposes:
1. Construction, extension and improvement of sanitary sewers and sewer plants - $1,500,000.
2. Construction, enlargement, improvement and extension of the water system of the City - $500,000.
3. Construction, improvement, enlargement and extension of storm sewers - $500,000.
and the City Council desires to issue at this time the bonds thereby authorized: NOW THEREFORE
BE IT RESOLVED by the Council of the City of Dover, in Council met, as follows:
(1) The City of Dover shall issue its negotiable bonds of the aggregate principal amount of $2,500,000, pursuant to Section 50 of Chapter 158 of Volume 36 of the Laws of Delaware, as amended by Chapter 318 of Volume 49 of the Laws of Delaware and by Chapter 112 of Volume 52 of the Laws of Delaware, in order to finance the purposes described in the preamble to this resolution. Bonds shall be issued for each such purpose in the full amount authorized at said election held on January 21, 1963 for each purpose, respectively.
(2) The bonds to be issued for the construction, extension and improvement of sanitary sewers and sewer plants shall be of the aggregate principal amount of $1,500,000 and shall comprise an issue of bonds consisting of three hundred bonds of the denomination of $5,000 each, numbered from 1 to 300, inclusive, in the order of their maturity, maturing in annual installments on June 1 in each year as follows, viz.:
$15,000 in each of the years 1965 to 1967, inclusive,
$25,000 in each of the years 1968 and 1969,
$40,000 in each of the years 1970 to 1972, inclusive,
$50,000 in each of the years 1973 to 1975, inclusive,
$115,000 in each of the years 1976 to 1979, inclusive,
$135,000 in each of the years 1980 to 1984, inclusive,
Each of said bonds shall be designated “Sanitary Sewer System Bonds, Series of 1963".
(3) The bonds to be issued for the construction, enlargement, improvement and extension of the water system of the City shall be of the aggregate principal amount of $500,000 and shall comprise an issue of bonds consisting of one hundred bonds of the denomination of $5,000 each, numbered from 1 to 100, inclusive, in the order of their maturity, maturing in annual installation on June 1 in each year as follows, viz.:
$10,000 in each of the years 1965 to 1972, inclusive,
$20,000 in each of the years 1973 to 1975, inclusive, and
$40,000 in each of the years 1976 to 1984, inclusive.
Each of said bonds shall be designated “Water System Bond, Series of 1963".
(4) The bonds to be issued for the construction, improvement, enlargement and extension of storm sewers shall be of the aggregate principal amount of $500,000 and shall comprise an issue of bonds consisting of one hundred bonds of the denomination of $5,000 each, numbered from 1 to 100, inclusive, in the order of their maturity, maturing in annual installments of June 1 in each year as follows, viz.:
$25,000 in each of the years 1965 to 1984, inclusive.
Each of said bonds shall be designated “Storm Sewer Bonds, Series of 1963".
(5) Each of said bonds shall be dated June 1, 1963. Each of said bonds shall bear interest from its date until its maturity at a rate or rates which shall not exceed five per centum (5%) per annum, and such interest shall be payable on December 1, 1963 and semi-annually thereafter on each June 1 and December 1. Both principal of and interest on said bonds shall be payable at the office of The Farmers Bank of the State of Delaware, in the City of Dover, Delaware, in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts.
(6) Each of said bonds shall be a coupon bond, without privilege or registration. None of said bonds shall be redeemable prior to its stated maturity, without the consent of the holders thereof. Each of said bonds shall be signed by the Mayor of the City of Dover and by the Treasurer of said City and shall be sealed with the corporate seal of said City. Each of the interest coupons representing the interest payable on any of said bonds shall bear the facsimile signatures of the Mayor and Treasurer of said City.
(7) The bonds, and the interest coupons representing the interest payable thereon, shall be in substantially the following form:
(Form of Bond)
No._____ No._____
UNITED STATES OF AMERICA
STATE OF DELAWARE
County of Kent
THE CITY OF DOVER
___________________________BOND,
SERIES OF 1963
$5,000 $5,000
THE CITY OF DOVER (hereinafter referred to as “City”), a municipal corporation of the State of Delaware, hereby acknowledges itself indebted and for value received promises to pay to the bearer of this bond, on June 1, 19__, the principal sum of
FIVE THOUSAND DOLLARS ($5,000)
and to pay interest on such sum from the date of this bond until it matures, at the rate of___________________________per centum (________%) per annum, payable on December 1, 1963 and thereafter semi-annually on June 1 and December 1, upon presentation and surrender, as they severally mature, of the interest coupons therefor annexed hereto. Both principal of and interest on this bond are payable at the office of The Farmers Bank of the State of Delaware, in Dover, Delaware, in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts.
(Paragraph to appear only in Sanitary System Bonds)
This bond is one of an authorized issue, the aggregate principal amount of which is $1,500,000, the bonds of which are of like tenor, except as to number and maturity, and has been duly authorized and issued pursuant to and in accordance with the provisions of Chapter 158 of Volume 36 of the Laws of Delaware, and the acts amendatory thereof. The bonds of said issue have been approved by a majority of the votes cast at a referendum election held in said City on January 21, 1963, pursuant to and in accordance with said Act.
(Paragraph to appear only in Water System Bonds)
This bond is one of an authorized issue, the aggregate principal amount of which is $500,000, the bonds of which are of like tenor, except as to number and maturity, and has been duly authorized and issued pursuant to and in accordance with the provisions of Chapter 158 of Volume 36 of the Laws of Delaware, and the acts amendatory thereof. The bonds of said issue have been approved by a majority of the votes cast at a referendum election held in said City on January 21, 1963, pursuant to and in accordance with said Act.
(Paragraph to appear only in Storm Sewer Bonds)
This bond is one of an authorized issue, the aggregate principal amount of which is $500,000, the bonds of which are of like tenor, except as to number and maturity, and has been duly authorized and issued pursuant to and in accordance with the provisions of Chapter 158 of Volume 36 of the Laws of Delaware, and the acts amendatory thereof. The bonds of said issue have been approved by a majority of the votes cast at a referendum election held in said City of January 21, 1963, pursuant to and in accordance with said Act.
The faith and credit of the City are hereby irrevocably pledged for the punctual payment of the principal of and interest on this bond according to its terms.
It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of Delaware to exist, to have happen and to have been performed precedent to and in the issuance of this bond, exist, have happened and have been performed, and that the issue of bonds of which this is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by such Constitution or statutes.
IN WITNESS WHEREOF, the City has caused this bond to be executed in its name and signed by its Mayor and by its City Treasurer, and its corporate seal to be hereunto affixed, and the interest coupons hereto attached to be authenticated by the facsimile signatures of the Mayor and City Treasurer, and this bond to be dated as of June 1, 1963.
___________________________
Mayor
City Treasurer
(Form of Coupon)
No._____ $_____
THE CITY OF DOVER, a municipal corporation of the State of Delaware, will pay to the bearer of this coupon on the 1st day of December, 19__, the sum of
June
_______________________________DOLLARS ($_________) at the office of the Farmers Bank of the State of Delaware, in Dover, Delaware, in any coin or currency of the United States of America which is then legal tender for the payment of public and private debts, being the interest then due on its_______________________Bond, Series of 1963, dated June 1, 1963, No._____.
___________________________
Mayor
City Treasurer
(8) The Mayor and City Treasurer are hereby authorized and directed to cause said bonds to be prepared and to execute said bonds in accordance with their terms.
ADOPTED: May 13, 1963.
On motion of Mr. Hughes, seconded by Mr. Smith, Council by unanimous vote adopted the following resolution:
WHEREAS, the Mayor and Council of The City of Dover desires to make provision for the sale of the $2,500,000 of bonds of The City of Dover hereinafter described; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of The City of Dover, as follows:
(1) The $2,500,000 of bonds dated June 1, 1963, which are to be issued pursuant to the resolution heretofore adopted by the Mayor and Council on May 13, 1963, and which are described in the Notice of Sale hereinafter set forth, shall be sold at public sale pursuant to and in accordance with the following Notice of Sale:
NOTICE OF SALE
THE CITY OF DOVER, DELAWARE
$1,500,000 Sanitary Sewer Bonds, Series of 1963
$500,000 Water System Bonds, Series of 1963
$500,000 Storm Sewer Bonds, Series of 1963
The City of Dover (herein referred to as “City”), a municipal corporation of the State of Delaware, will receive sealed proposals for the purchase of bonds of the City hereinafter described. Such proposals will be received until 12:00 o’clock noon, Eastern Daylight Saving Time, on June 4, 1963, at which time all proposals received will be publicly opened and considered by the Mayor and Council of the City at a meeting to be held at such time at City Hall, in the City of Dover, Delaware. Each proposal submitted should be addressed to F. P. Neylan, City Clerk, at City Hall, Dover Delaware, and should be enclosed in a sealed envelope marked “Proposal for Bonds”.
The bonds consist of the following three issues of bonds, viz.:
(1) $1,500,000 Sanitary Sewer System Bonds, Series of 1963, payable in annual installments on June 1 in each year as follows, viz.: $15,000 in each of the years 1965 to 1967, inclusive, $25,000 in each of the years 1968 and 1969, $40,000 in each of the years 1970 to 1972, inclusive, $50,000 in each of the years 1973 to 1975, inclusive, $115,000 in each of the years 1976 to 1979, inclusive, $135,000 in each of the years 1980 to 1984, inclusive.
(2) $500,000 Water System Bonds, Series of 1963, payable in annual installments on June
1 in each year as follows, viz.: $10,000 in each of the years 1965 to 1972, inclusive, $20,000 in each of the years 1976 to 1984, inclusively.
(3) $500,000 Storm Sewer Bonds, Series of 1963, payable in annual installments on June 1 in each year as follows, viz.: $25,000 in each of the years 1965 to 1984, inclusive.
The Bonds will be dated June 1, 1963 and will be in the denomination of $5,000 each. Interest is payable semi-annually on December 1 and June 1. The bonds are coupon bonds, without privilege of registration and are payable at The Farmers Bank of The State of Delaware, Dover, Delaware.
No proposal for less than all of the bonds will be considered. Two rates may be named, but both must be a multiple of 1/8 or 1/20 of 1%, and must not exceed 5% per annum, and the higher rate shall be no more than 1% above the lower rate.
The bonds of each issue maturing in the same year shall bear the same rate of interest. The interest payable with respect to each bond on any one date will be evidenced by a single coupon. The price offered fro each issue must not be less than par and accrued interest. Unless all bids are rejected, the bonds of the three issues will be awarded to the bidder whose proposal for the bonds of the three issues results in the lowest net interest cost to the City, and such net interest cost will be determined by computing the aggregate amount of interest payable on the bonds of all three issues from their date of their respective maturities, and by deducting from such aggregate amount the premium offered, if any. As between bidders naming the same net interest cost, the amount of premium wil determine the award.
Each proposal must be accompanied by a certified or bank cashier’s check or checks for $50,000 drawn upon an incorporated bank or trust company and payable to the order of the City, to secure the City against any loss resulting from a failure of the bidder to comply with the terms of his proposal. The check or checks of the bidder whose proposal is accepted will be deposited by the City and credited on the purchase price. The proceeds of the check or checks will be retained by the City as liquidated damages in case the bidder fails to accept the delivery of and pay for the bonds. Checks of unsuccessful bidders will be returned upon the award of the bonds. The right to reject any or all of the proposals is hereby reserved.
The bonds will be delivered to the successful bidder on or about June 24, 1963, or as soon thereafter as the bonds can be made ready for delivery, at the City Treasurer’s Office, Dover, Delaware, or any other place designated by the City Treasurer with the consent of the purchaser.
The City will furnish without cost to the purchaser or purchasers, at the time the bonds are delivered (1) the opinion of Messrs. Reed, Hoyt, Washburn, & McCarthy, of New York City, that the bonds are valid and legally binding obligations of the City and that the City is authorized and required by law to levy on all real property taxable by the City such as valorem taxes as may by necessary to pay the bonds and the interest thereon without limitation as to rate or amount, and (2) certificates in form satisfactory to said attorneys evidencing the proper execution and delivery of the bonds and receipt of payment therefor, and (3) a certificate, dated as of the date of delivery of the bonds, and signed by the officers who signed the bonds, stating that no litigation is then pending or, to the knowledge of such officers, threatened to restrain or enjoin the issuance or delivery of the bonds or the levy or collection of taxes to pay the bonds or the interest thereon, or questioning the validity of the statutes or the proceedings under which the bonds are issued, and that neither the corporate existence or boundaries of the City, nor the title of any of the said officers to their respective offices, is being contested.
Dated May _____, 1963.
F. P. Neylan
City Clerk
(2) The City Clerk is hereby directed to publish said notice of sale in the Delaware State News and in a newspaper of general circulation in the City of Dover, and in The Bond Buyer a financial newspaper published in the City and State of New York, such publication, in each case, to be made not less than ten days prior to the date set for the receipt of sealed proposals.
ADOPTED: May 13, 1963.
FAIRVIEW ZONING
Frank A. Robino, developer, requested that a tract of land owned by him known as Fairview located between Fairview Avenue and Pear Street, south of Walker Road, be rezoned from R-8 to RG-1. A public hearing will be required before action can be taken on the request.
On motion of Mr. Holpp, seconded by Mr. Hughes, Council by unanimous vote adopted the following resolution:
RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON PROPOSED AMENDMENT TO THE ZONING MAP AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands on the West side of Fairview Avenue and the south side of Walker Road designated as Fairview, Section 2 and Section 3, totaling 17.026 acres are zoned R-8, and
WHEREAS, a request has been submitted to the Mayor and Council to rezone the above described area as RG-1, and
(Hand Written “Plaintiff Exhibit #2.”)
WHEREAS, the Mayor and Council deem it in the best interests of proper zoning and planning that all lands in the above described area be rezoned.
NOW, THEREFORE, BE IT RESOLVED By the Mayor and Council:
1. That the Zoning Ordinance and the Zoning Map be amended as hereinafter set forth and that a public hearing on the proposed amendment be held on the 10th day of June, 1963, at City Hall at 8:00 P.M., Daylight Saving Time, and that notice thereof be given in accordance with the provisions of the Delaware Code and the Zoning Ordinance of the City of Dover.
2. That the lands to be rezoned are located West of Fairview Avenue, South of Walker Road, East of Pear Street and North of Lakewood Manor subdivision and comprising within said area a tital of 17.026 acres which shall be rezoned as RG-1.
3. That the Zoning Mao be amended and modified to reflect the changes as provided herein.
Adopted May 13, 1963.
DIVISION STREET ZONING
Councilman Hayes presented a petition requesting that Division Street from an alley between Bradford Street and Governors Avenue to Kirkwood Street be rezoned from C-1A to C-2. A public hearing will be required before action can be taken on the request.
RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON PROPOSED AMENDMENT TO THE ZONING MAP AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH PROVISIONS OF THE DELAWARE CODE.
WHEREAS, Division Street in the City of Dover between the Bradford Street alley and Kirkwood Street is zoned pursuant to the Zoning Ordinance of the City of Dover as C-1A, and
WHEREAS, the Mayor and Council of the City of Dover have been petitioned to change the designated zone from C-1A to C-2, and
WHEREAS, The Delaware Code and the Zoning Ordinance require that a public hearing be held before the Zoning Map or Zoning Ordinance can be amended.
NOW, THEREFORE, Be It Resolved By The Mayor and Council In Council Met:
1. That a public hearing be held on the 10th day of June, 1963, at City Hall at 8:30 P.M., Daylight Saving Time, on a proposed amendment to the Zoning Map and Zoning Ordinance of the City of Dover which would change that portion of Division Street from the alley between Governors Avenue and Bradford Street, to Kirkwood Street, from its presently designated C-1A zone to C-2 Zone.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code and the Zoning Ordinance of the City of Dover.
Adopted May 13, 1963
On motion of Mr. Hughes, seconded by Mr. Holpp, the above resolution was adopted by vote of 7 to 0. Mr. Walls did not vote.
KESSELRING FARM ZONING
A public hearing was duly advertised and held on April 22, 1963 on proposed amendments to the zoning map which would rezone the Kesselring farm located between Puncheon Run and Webbs Lane. Portions of the farm have been rezoned from R-20 to R-10 and R-8. Action had been deferred on portions requested to be rezoned to R-7, RG0 and C-3. Michael Poppitti, attorney for Frank Robino, developer, appeared before Council and stated that development plans had been changed so that R-8 requirements would be met in the area in which R-7 zoning had been asked. He asked that the RG0 zoning be approved as it would be adjacent to an apartment development located outside City limits on the East. He also asked that the area of approximately 11 acres proposed to be rezoned C-3 be approved to accommodate prospective tenants such as Hearn Brothers whose survey indicated it was feasible to locate in the area. He said the C-3 designation was requested to accommodate a supermarket, other small retail stores and a gasoline station, rather than a regional shopping center containing such establishments as department stores. The full development was a five-year plan and the developer stated he was agreeable to the commercial area being rezoned R-20 if the area did not fully develop.
On motion of Mr. Hayes, seconded by Mr. Hill, Council by unanimous vote approved an amendment to the zoning map changing approximately 33.7 acres from R-20 to R-8; and on motion of Mr. Holpp, seconded by Mr. Smith, Council by unanimous vote approved an amendment to the zoning map changing approximately 7 acres from R-20 to RG0.
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF CERTAIN PORTIONS OF THE FORMER KESSELRING LANDS.
WHEREAS, the City of Dover had enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed desirable and proper to change the zoning map and the permitted uses on portions of the former Amon Kesselring lands within the City of Dover from agricultural and R-20 zones to R-8 Zone and RG0 Zone, as more particularly described below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. From and after the passage and approval of this ordinance, the Zoning Map and Zoning Ordinance of the City of Dover shall be amended by changing the zoning designation from Agricultural or R-20 Zone to R-8 Zone of that portion of the former Amon Kesselring lands described as follows: All that certain tract or parcel of land containing 33.7 acres, more or less, bounded on the west by lands of William Darling, on the north by other former Amon Kesselring lands now zoned R-8, on the east by lands now or late of John N. Cubbage and Max Ambach Rodney Village Apartment, on the south by Webbs Lane and other former Amon Kesselring lands, as shown on a plot prepared by Edward H. Richardson Associates, Inc.
Passed May 13, 1963.
On motion of Mr. Holpp, seconded by Mr. Harris, Council by vote of 5 to 3 passed the following ordinance. Messrs Hayes, Hill and Smith voted ‘No’.
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF CERTAIN PORTIONS OF THE FORMER KESSELRING LANDS.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed desirable and proper to change the zoning map and the permitted uses on portions of the former Amon Kesselring lands within the City of Dover from agricultural and R-20 zones to C-3 Zone, as more particularly described below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. From and after the passage and approval of this ordinance, the Zoning Map and Zoning Ordinance of the City of Dover shall be amended by changing the zoning designation from Agricultural or R-20 Zone to C-3 Zone of that portion of the former Amon Kesselring lands described as follows: All that certain tract or parcel of land containing 11 acres, more or less, bounded on the west by lands of William Darling, on the north by former lands of Amon Kesselring, now zoned R-8, on the east by former lands of Amon Kesselring, now zoned RG0, and on the south by Webbs Lane, as shown on a plot prepared by Edward H. Richardson Associates, Inc.
Passed May 13, 1963.
UTILITY EXTENSION - ANNEXATION
Council discussed proposed developments in and around the City of Dover and their request for City sewer and water. City Manager Ward reported he had a request for sewer and water to a proposed development of 50 homes on the former Hinkle farm on the Hartly road. Other proposed developments are the Fairview, Kesselring and Mifflin tracts within the City, and the Woodcrest and Smith tracts outside the City. Questions were asked concerning the ability of the City to supply utilities. A problem may arise on sewage treatment. Plans are well underway for expanding present treatment facilities with an allowance for future growth. If all developments planned are completed, the demand on the expanded sewage treatment plant will exceed its capacity. Most developments seem to be a five year program. Council was of the general opinion that it was the responsibility of the City to extend utilities, with developments within the City being given first consideration. J. G. Smith and Woodcrest have requested that their tracts be annexed to the City. Woodcrest would like the City to approve its development plans prior to annexation. Council decided to establish the procedure for annexation of the two tracts and in the interim, property owners could decide whether to vote approval of annexation, and Council could decide whether to not to accept the additions to the City.
On motion of Mr. Holpp, seconded by Mr. Harris, 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 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 deem it in the best interest of the City of Dover to include an area as hereinafter more particularly described within the limits of the City of Dover,
NOW THEREFORE BE IT RESOLVED:
1. That the following territory situate in East Dover Hundred, Kent County, State of Delaware, as more particularly bounded and described by detailed description, be annexed to the City of Dover, to-wit:
Parcel “A” - Smith Tract
All those certain pieces, parcels or lots of land lying and being situate adjacent to The City of Dover, East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows, to wit:
BEGINNING at a point in the easterly right of way line of U.S. Route 13, known as the Dover By Pass, where this line is intersected by the mutual line of lands now or formerly of Shindler and Fields and lands now or formerly known as Restmere, thence in a southerly direction with the aforesaid right of way to a point of intersection with the southerly right of way line of White Oak Road; thence in an easterly direction to a point of intersection with the mutual line of the lands now or formerly of J. E. Vaughn and lands now or formerly known as Restmere projected across said White Oak Road; thence in a northerly direction with the said mutual line between the said Restmere and said J. E. Vaughn to a property corner for said Restmere, said J. E. Vaughn and lands of said Shindler and Fields and thence with the mutual line of said Restmere and the said Shindler and Fields home in a westerly direction to the place of beginning, be the contents what they may.
Parcel “B” - Wilson Tract:
All those certain lots, parcels or pieces of land lying and being adjacent to the City of Dover, East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows, to-wit:
BEGINNING at a point in the center of McKee Run at its intersection with the easterly right of way line of the Delaware Railroad and thence in a southerly direction with the said right of way line of the Delaware Railroad to its intersection with the southerly right of way line of Walker Road; thence with said southerly right of way line of Walker Road in an easterly direction to the intersection of the easterly property line of lands of the Dover Special School District projection; thence in a northerly direction with lands of the said Dover Special School District to the high water mark of Silver Lake; thence with the said high water mark of Silver Lake in an easterly direction to the westerly side of Silver Lake Causeway right of way; thence in a southerly direction with said Causeway right of way to the southerly right of way line of Walker Road; thence with said right of way line in an easterly direction to the easterly right of way of the aforesaid Silver Lake Causeway; thence with the easterly right of way of said Causeway in a northerly direction to a point opposite the highwater mark of lands now or formerly of Lacy Griffith; thence crossing said Causeway and with the high water mark of Silver Lake and with lands of Lacy Griffith and others in a northwesterly direction to the easterly right of way of State Road No. 69 or College Road; thence with said right of way in a southerly direction to the southerly high water mark of Silver Lake; thence following the southerly high water mark of Silver Lake to the center line of McKee Run; thence with the center line of said McKee Run home to the place of beginning, be the contents what they may.
2. That an election be held on the 15th day of June, A.D., 1963 between the hours of 1:00 P.M. and 7:00 P.M. at City Hall on The Plaza in Dover, Kent County, Delaware, for the purpose of submitting the question of annexation 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, and the Laws of the State of Delaware.
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 May 13, 1963
ROSS STREET
A petition was presented to City Council requesting that Ross Street be opened and extended between Fairview Avenue and Pear Street. The Fairview development proposed for this area does not include an extension of Ross Street. The Planning Commission has approved the proposed street layout while determining the development complied with the City’s Land Subdivision Regulations. On motion of Mr. Hughes, seconded by Mr. Walls, the petition was referred to the City Solicitor for his advice.
COAL PILE
Council Biggs stated that property owners in the vicinity of the McKee Run generating plant had complained to him of coal dust being blown on their City Manager to obtain an estimate of the cost of enclosing and covering up the coal pile at McKee Run to prevent dust from blowing about.
PARKING AUTHORITY
On motion of Mr. Hill, seconded by Mr. Walls, Council approved appointment of Martin Berglund to the Dover Parking Authority for the term which expires June 30, 1967.
Council adjourned at 12:00 P.M.
F. P. Neylan
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of May 13, 1963 are hereby approved.
May 16, 1963 Crawford J. Carroll Mayor