REGULAR MEETING
February 26, 1962
The regular meeting of City Council was held Monday, February 26, 1962 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Hayes, Hill, Holpp, Hughes, Turner, Walls and Zartman.
MINUTES
Minutes of the meeting of February 12, 1962 bore the written approval of Mayor Carroll and reading was dispensed with.
PARKS, PLAYGROUNDS AND TREES
Mayor Carroll announced that he proposed to combine the duties of the Parks and Playgrounds Commission and the Tree Commission and submitted amendments tot he ordinances for the approval for Council. He announced members of the Commission as Councilman Turner, Chairman, Councilman Mowlds, Mrs. Tuller, Douglas Harris, James Hardcastle and Myron Lamb.
On motion of Mr. Zartman, seconded by Mr. Walls, Council by unanimous vote passed the following ordinance:
AN ORDINANCE AMENDING AN ORDINANCE CREATING A PARK AND RECREATION COMMISSION FOR THE CITY OF DOVER, DELAWARE AND PRESCRIBING THE TERMS OF MEMBERS, ORGANIZATION, POWERS AND DUTIES.
Section 1. That from and after the passage of this Ordinance Section 1 of the aforementioned Ordinance shall be rescinded and in lieu thereof the following shall be designated as Section 1.
That pursuant to the authority vested in the Mayor and Council of The City of Dover, there is hereby established a Park, Playground and Tree Commission which shall consist of six members, with at least two of the said six members being members of the City Council of The City of Dover and the remaining four members shall be chosen for their interest in the said community and shall be residents of The City of Dover or shall be employees thereof, and the said Commission shall have such powers as are prescribed in Section 2 through Section 8 of the aforementioned Ordinance and in conjunction therewith shall have such powers and duties as are prescribed in Sections 11-102 and 11-103 of the Ordinance entitled “Trees”.
Passed February 26, 1962.
On motion of Mr. Zartman, seconded by Mr. Walls, Council by unanimous vote passed the following ordinance:
AN ORDINANCE AMENDING AN ORDINANCE DEALING WITH THE CASE, SUPERVISION AND PRESERVATION OF TREES.
Section 1. That from and after the passage of this Ordinance, Section 11-101 of the Ordinances of the City of Dover is hereby amended by deleting the aforesaid section and inserting in lieu thereof the following to be designated as section 11-101 of the Ordinance entitled “Trees”.
All trees on the public streets, squares, lanes and sidewalks of the City shall be under the charge, supervision and control of the Park, Playgrounds and Tree Commission which shall have general charge of all matters relating to planting, preservation, trimming, taking out and replacing of such trees, the said Parks, Playgrounds and Tree Commission which shall consist of six members with at least two of the said six members being members of the City Council of The City of Dover and the remaining four members shall be chosen for their interest in the said community and shall be residents of the City of Dover or employees thereof.
Section 2. That from and after the passage of this Ordinance, the Parks, Playgrounds and Tree Commission shall have the same duties and responsibilities as prescribed in Sections 11-102 and 11-103 of the Ordinance entitled “Trees”.
Passed February 26, 1962.
WAGES AND HOURS AND LEGISLATIVE AND FINANCE COMMITTEES
Mayor Carroll named the following members tot eh Wages and Hours Committee: Councilman Hayes, Chairman, Councilmen Hughes and Walls, the City Manager, the City Clerk-Treasurer and City Solicitor. He announced that the same Chairman and members would comprise the Legislative and Finance Committee and proposed adoption of ordinances establishing the membership and duties of the committees.
On motion of Mr. Turner, seconded by Mr. Holpp, Council by unanimous vote adopted the following resolution:
WHEREAS, the Mayor and Council of The City of Dover have deemed it fit and proper to create various committees pursuant to powers set forth in the Charter of The City of Dover, and
WHEREAS, problems involved with wages and hours is one which requires considerable study and close supervision, and
WHEREAS, the duties of this committee have never been clearly set forth and understood by those acting as members of the committee,
NOW, THEREFORE, BE IT RESOLVED that:
1. There shall be created under powers given to the Mayor and Council of the City of Dover by the Charter of The City of Dover a committee to be designated as the “Wages and Hours Committee”.
2. This committee shall consist of six members to be chosen as follows:
three of the said members are to be chosen from the City Council of The City of Dover and the remainder of the committee shall be composed of the City Solicitor, City Manager and City Clerk-Treasurer. Membership on this committee shall be at the pleasure of the Mayor as to those three members chosen from the Council. The City Solicitor, City Manager and City Clerk-Treasurer shall remain as members of the committee during the tenure of office.
3. It shall be the duty and responsibility of the Wages and Hours Committee to undertake studies of the past, present and future capabilities of those individuals now in the employ of the City and upon the completion of such studies shall make recommendation in writing to the Mayor and Council setting forth in detail any changes, modifications or improvements which they deem necessary and proper for the effective operation of the government of the City of Dover in regard to problems involved with salaries, wages, hours of employment, length of vacation and sick leave and such other related policies as directly effects the employees of The City of Dover.
4. It is further resolved that for and during the existence of this committee and Mayor of The City of Dover shall be an ex-officio member of the committee and shall at all times have the full right and privilege to enter into the discussion at any and all meetings of the said Wages and Hours Committee.
5. The Mayor and Council of The City of Dover shall have the authority to grant unto this committee such additional powers as from time to time they deem necessary to the sound and effective operation of the government of The City of Dover.
Passed February 26, 1962.
On motion of Mr. Zartman, seconded by Mr. Turner, Council by unanimous vote passed the following resolution:
RESOLUTION CREATING A LEGISLATIVE AND FINANCE COMMITTEE OF THE CITY OF DOVER
WHEREAS, the Mayor and Council have deemed it fit and proper to create various committees for the effective operation of the government of The City of Dover, and
WHEREAS, problems dealing with the legislative function and with finances requires considerable study and close supervision, and
WHEREAS, the duties of this committee must be set forth in greater detail for the benefit of those acting as members of the committee,
NOW, THEREFORE, BE IT RESOLVED that:
1. There shall be created pursuant tot he powers given to the Mayor and Council of The City of Dover by the Charter of The City of Dover a committee to be designated as the “Legislative and Finance Committee”.
2. This committee shall consist of six members to be chosen as follows: Three of the said members are to be chosen from the City Council of The City of Dover and the remainder of the committee shall be composed of the City of Dover and the remainder of the committee shall be composed of the City Solicitor, City Manager and City Clerk-Treasurer. Membership on this committee shall be at the pleasure of the Mayor as to those three members chosen from the Council. The City Solicitor, City Manager and City Clerk-Treasurer shall remain as members of the committee during the tenure of office.
3. It shall be the duty and responsibility of the Legislative and Finance Committee to undertake studies of any and all proposed charter amendments and to present to the Mayor and Council such proposals as they deem fit and proper for consideration as to the adoption of ordinances or to the amendment of existing ordinances. In addition, it shall be the duty and responsibility of the Legislative and Finance Committee to undertake studies and make recommendations as to the administrative operation and the accounting problems of the government of the City of Dover and to make any recommendations which they deem proper in this regard.
4. It is further resolved that during the existence of this committee the Mayor of The City of Dover shall be an ex-officio member of the committee and shall at all times have the full right and privilege to enter into the discussion at any and all meetings of the said Legislative and Finance Committee.
5. The Mayor and Council of The City of Dover shall have the authority to grant unto this committee such additional powers as from time to time they deem necessary to the sound and effective operation of the government of The City of Dover.
Passed February 26, 1962.
UTILITY COMMITTEE
Mayor Carroll named the following members to the Utility Committee: Councilman Holpp, Chairman, Councilman Turner and Mayor Carroll. He proposed the adoption of a resolution outlining its membership and duties.
On motion of Mr. Hayes, seconded by Mr. Holpp, Council by unanimous vote passed the following resolution:
RESOLUTION CREATING A UTILITY COMMITTEE OF THE CITY OF DOVER
WHEREAS, the Mayor and Council of The City of Dover have deemed it fit and proper to create various committees pursuant to powers set forth in the Charter of The City of Dover, and
WHEREAS, problems involved with the construction, maintenance and proposed location of electric, water and sewer utilities are ones which require considerable study and close supervision, and
WHEREAS, it is necessary to set forth in detail those duties and responsibilities falling on the members of the committee.
NOW, THEREFORE, BE IT RESOLVED that:
1. There shall be created under the powers given to the Mayor and Council of The City of Dover by the Charter of The City of Dover a committee to be designated as the “Utility Committee”.
2. This committee shall consist of three members to be chosen as follows: Two of the said members are to be chosen from the City Council of The City of Dover and the remaining member of the committee shall be chosen from among the residents of The City of Dover. Membership on this committee shall be at the pleasure of the Mayor.
3. It shall be the duty and responsibility of the Utility Committee to undertake studies and to make proposals of the past, present and future needs and requirements for the installation, maintenance, repair and relocation of electric, water, and sewer utilities within the boundaries of The City of Dover and for any extension of these utilities authorized beyond the limits of The City of Dover, and in addition, this committee shall be vested with the power to make proposals and recommendations to the Mayor and Council of the City of Dover as to methods to obtain the most effective operation of the aforesaid utilities.
4. The Mayor and Council of The City of Dover shall have the authority to grant unto this committee such additional powers as from time to time they deem necessary to the sound and effective operation of the government of The City of Dover.
Passed February 26, 1962.
PLANNING COMMISSION
On motion of Mr. Turner, seconded by Mr. Hill, Council approved appointment of the following members to the Planning Commission. Mr. Hayes voted “No”.
For a three year tem expiring February 28, 1965:
E. W. Buchanan
Ralph R. Tischer
Carleton Walls
To fill the term of Mayor Carroll, expiring February 28, 1964:
Albert W. Holmes
BUILDING, HOUSING AND PLUMBING COMMISSION
Mayor Carroll announced that a revised ordinance would soon be presented to Council setting forth the composition and duties of the Building Commission and including Housing and Plumbing Codes within its duties. He named to the Commission Councilman Zartman, Chairman, Councilmen Mowlds and Hill, and City Manager Ward. On motion of Mr. Hayes, seconded by Mr. Walls, the appointments were approved.
ELECTION REQUIREMENTS
Councilman Zartman proposed that the Charter of the City of Dover be amended to change the filing date of candidates for office from the second Monday in January to a date nearer to January 1 so that candidates have more time to express their views prior to the election held on the third Monday in January. He further proposed that the Charter be amended to require payment of only head taxes as a requirement for voting, rather than all taxes levied by the City. On motion of Mr. Zartman, seconded by Mr. Turner, the proposals were referred to the Legislative & Finance Committee.
DOG ORDINANCE
Councilman Zartman proposed that the dog ordinance be amended to provide for arrest of dog owners of the police can determine the owner of a dog running loose, whether or not the dog is caught. The matter was referred to the Chief of Police and City Solicitor.
ZONING
Councilman Zartman proposed that members of Council study the present Zoning Ordinance and get the opinions of various citizens on its provisions and that Council be appointed a committee of the whole to suggest amendments to the ordinance at a meeting to be held at 7:30 P.M. on the third Monday in March. Councilman Zartman stated that the present zoning ordinance was stifling the growth of Dover. On motion of Mr. Zartman, seconded by Mr. Hayes, Council approved the proposal.
Councilman Zartman further proposed that the provision stating that proposed amendments to the zoning ordinance ‘shall’ be referred to the Planning Commission be changed to ‘may’. The proposal was deferred until the March meeting.
PLANNING COMMISSION LETTERS
A letter from the Planning Commission requested that the Mifflin lands recently annexed to the City be zoned. On motion of Mr. Turner, seconded by Mr. Holpp, the request was referred tot he Zoning Commission for action.
A letter from the Planning Commission recommended that a building permit not be granted for the erection of apartment units at Governors Avenue and William Street on a plot now zoned for single family residences, pointing out it was contrary to the Development Plan of the City and was objected to be most of the surrounding property owners.
AMBACH VARIANCE
The Zoning Board of Adjustment announced its decision on the request of Max Ambach for variances from the Zoning Ordinance so that he could erect on South Bradford Street an apartment project with 23 living units on land where zoning requirements would permit an apartment with no more than 9 living units. Surrounding property owners objected tot he request. Mr. Ambach gave no specific reasons as to why the request should be granted. The Board of Adjustment denied the request.
FOOKS APARTMENT
City Manager Ward, Chairman, reported that the Building Commission had considered the request of Mr. Fooks for a permit to build apartments on a plot of land on William Street between Governors Avenue and New Street. Councilman Zartman, Commission member, voted to grant the permit, Mr. Ward voted to deny the permit. The third Commission member, Mr. Davis, is no longer a Councilman so the vote was a tie. The matter was considered under old zoning regulations in effect at the time of the request. City Solicitor Buckson gave his opinion that as the request was not denied, the permit should be granted.
POWER PLANT
City Manager Ward reported on the progress of the McKee Run Generating plant. A meeting was held between representatives of The Kuljian Corporation, including its president, and representatives of the City at which the need to get the plant into commercial operation before April 1 was emphasized. Progress since the meeting had been satisfactory. Operation of the first turbine is scheduled for this week.
HIGHWAY SIGN
The State Highway Department requested permission to erect a sign along the curb line of South Street between State St. and Governors Avenue reading “Trucks Stop Here For Permits”. On motion of Mr. Hughes, seconded by Mr. Holpp, the request was granted.
CITY HALL
The committee appointed for the purpose reported on recommendations for renovation of the second floor of City Hall. An estimate was given of $4650 for materials for carpentry, painting, plastering and electrical work, with labor by City forces. Estimate on the cost of an elevator has not yet been received, nor is the cost of furniture known. On motion of Mr. Hughes, seconded by Mr. Holpp, Council authorized proceeding with the work which is estimated to cost $4650.
LABOR MEETING
City Solicitor Buckson reported that a meeting had been held this afternoon attended by the Mayor, City Manager and himself, with Dr. Knowlton, labor consultant, some employees of the Dover Power Plant and representatives of the electrical workers union, at which grievances of the employees were discussed. Solicitor Buckson emphasized that the meeting in no way altered the position of the City on recognition or bargaining with the union.
URBAN RENEWAL
Myron Lamb, Director of Urban Development, presented to Council a map showing the revised Urban Renewal area extending to the north curb line of Loockerman Street between New Street and Governors avenue and resolutions providing for the change and additional work required in connection therewith. He stated that Raymond & May has agreed to make the necessary changes in the scale model of the area without additional change. Council discussed the project at length. It was pointed out that the program is still in the planning stage and Council has not yet made any firm commitment to proceed with its completion. Mr. Hayes objected tot he plan showing a dead end at Queen & Loockerman Streets.
On motion of Mr. Holpp, seconded by Mr. Turner, Council passed the following resolution by vote of 6 to 1. Mr. Hayes voted ‘No’.
RESOLUTION CHANGING THE BOUNDARIES OF THE URBAN RENEWAL AREA.
WHEREAS, The City of Dover, acting in its capacity as the Local Pubic Agency, for the purpose of the Urban Renewal Project for the City of Dover, has undertaken the preparation of certain maps and plots setting forth in detail the area to be included within the Urban Renewal Project, and
WHEREAS, the Local Public Agency had deemed it necessary and proper to extend the boundaries of the present Urban Renewal Project, and
WHEREAS, for the best interest of the City of Dover such extension is of benefit and value.
Now Therefore, Be It Resolved By The Mayor and Council Of The City of Dover that from and after the passage of this Resolution the area now covered by the Urban Renewal Project which extends along an uneven line West of Governors Avenue and South of Loockerman Street between Governors Avenue and along the North side of Loockerman Street so as to be in line with the present boundary running across South Governors Avenue and along the North side of Loockerman Street beyond that piece over which this extension is made.
Passed February 26, 1962.
On motion of Mr. Turner, seconded by Mr. Hill, Council passed the following resolution by vote of 6 to 1. Mr. Hayes voted ‘No’.
RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF DOVER TO SIGN REPRESENTATIVE OFT EH LOCAL PUBLIC AGENCY THAT MAP OR PLOT SHOWING THE EXTENDED COVERAGE OF THE URBAN RENEWAL PROJECT.
WHEREAS, the Mayor and Council of The City of Dover acting as the Local Public Agency have deemed it necessary to expand the area covered by the Urban Renewal Project, and
WHEREAS, it is necessary that the representative of the Local Public Agency submit a plot or map of the extended area.
NOW, THEREFORE, BE IT RESOLVED By The Mayor and Council Of The City of Dover that authority shall be given tot he Mayor of the City of Dover as representative of the Local Public Agency to affix his signature unto the map or plot of lands setting forth in detail those areas over which the Urban Renewal Project is to be expanded.
Passed February 26, 1962.
On motion of Mr. Hughes, seconded by Mr. Turner, Council passed the following resolution by vote of 6 to 1. Mr. Hayes voted ‘No’.
RESOLUTION AUTHORIZING THE ADOPTION OF AN AMENDMENT TO CONTRACT FOR PERSONAL SERVICE BY RAYMOND & MAY ASSOCIATES AND THE CITY OF DOVER.
WHEREAS, the City of Dover acting in its capacity as the Local Public Agency entered into a contract with Raymond & May Associates on June 20, 1960, and
WHEREAS, pursuant to this contract the scope of the services to be performed provided that: “Revisions in the Renewal Plan and supporting documentation as may be required by the Planning Board and by the LPA subsequent to the submission by the Contractor of the Final Project Report tot he City of Dover shall come within the purview of Paragraph Three of Part II of this contract. The Contractor shall receive adequate and reasonable reimbursement that shall be agreed upon by negotiation between the Contractor and the LPA for such additional work not contemplated under the terms and provisions of this contract”, and
WHEREAS, the LPA has determined that certain changes in the Project are necessary and desirable in that portion of the project area which is north of North Street and west of Governors Avenue, and
WHEREAS, the LPA has determined that there is a need for certain changes to be made in the project, and
WHEREAS, the contractor has agreed pursuant to the terms of the contract to prepare and submit to the LPA such revisions as are necessary for the Urban Renewal Plan upon the request of the LPA, and
WHEREAS, the contractor under the terms set forth in the contract of June 20, 1960 has agreed to make any and all necessary changes and modifications in the existing scale model of the renewal area so as to conform to the extension authorized by the Local Public Agency.
NOW, THEREFORE, BE IT RESOLVED BY The Mayor and Council of The City of Dover in council met that the Mayor of the City of Dover be and is hereby authorized and empowered to affix his hand and seal to the amendment to the contract between Raymond & May Associates and The City of Dover whereby Raymond & May Associates agrees to perform such services as are set forth in a letter from Raymond & May Associates on February 9, 1962, and whereby the Local Public Agency agrees to pay as compensation for the services rendered an additional sum of $3500.00.
Passed February 26, 1962.
On motion of Mr. Hughes, seconded by Mr. Hill, Council passed the following resolution by vote of 6 to 1. Mr. Hayes voted ‘No’.
RESOLUTION APPROVING CONTRACT WITH WILLIAM BURKE TO MAKE A SUPPLEMENT TO A MARKETABILITY SURVEY AND RE-USE APPRAISAL.
WHEREAS, The City of Dover acting in its capacity as the Local Public Agency has undertaken the expansion of the Urban Renewal Project, and
WHEREAS, Phillip W. Kniskern, deceased, submitted to the City a Marketability Survey and Re-Use Appraisal, and
WHEREAS, the said Phillip W. Kniskern is deceased, William Burke, a former associate has agreed to undertake the supplemental Marketability Survey and Re-Use Appraisal covering those pieces and parcels of land which have been included in the Urban Renewal Project by reason of the expansion of the said project area.
NOW, THEREFORE, BE IT RESOLVED BY The Mayor and Council of The City of Dover in Council met that from and after the passage of this resolution, the Mayor of The City of Dover as the lawful representative of the LPA be and is hereby authorized and empowered to affix his hand and seal unto the contract entered into by William Burke, associate of the late Phillip W. Kniskern, whereby the said William Burke covenants and agrees to prepare and submit a supplement to the Marketability Survey and Re-Use appraisal and in consideration therefor the City agrees to pay unto the said William Burke the amount of $800.00.
Passed February 26, 1962.
On motion of Mr. Hughes, seconded by Mr. Hill, Council passed the following resolution by vote of 6 to 1. Mr. Hayes voted ‘No’.
RESOLUTION APPROVING CONTRACT WITH S. C. HANBY, INC. FOR THE APPRAISAL OF ADDITIONAL PARCELS WITHIN THE PROJECT AREA.
WHEREAS, The City of Dover acting in its capacity as the Local Public Agency has undertaken to expand the area covered by the Urban Renewal Project, and
WHEREAS, S. C. Hanby, Inc., formerly known as Hanby, Patterson & Schwartz, has entered into contracts for the appraisal of all those parcels located within the Urban Renewal Project area, and
WHEREAS, an amendment to the aforesaid contract has been prepared between S. C. Hanby, Inc. and The City of Dover for the appraisal of four additional parcels of land set forth in detail in a letter from S. C. Hanby, Inc. on February 9, 1962.
NOW, THEREFORE, BE IT RESOLVED BY The Mayor and Council of The City of Dover in Council met that the Mayor of the City of Dover be and is hereby authorized and empowered as official representative of the Local Public Agency to affix his hand and seal to the amendment to the contract whereby S. C. Hanby, Inc. covenants and agrees to submit appraisals of four additional parcels of land located on the south side of Loockerman Street between Governors Avenue and New Street, and the City of Dover in consideration thereof agrees to pay unto S. C. Hanby, Inc. the sum of $650.00.
Passed February 26, 1962.
NORTH STREET PARKING
Councilman Hill asked about banning parking on North Street at the exit to the Farmers Bank parking lot and about parking in general on North Street between Governors Avenue and Street. General discussion followed. On motion of Mr. Hughes, seconded by Mr. Hill, the matter was tabled.
Council adjourned at 12:15 P.M.
F. Neylan
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of February 26, 1962 are hereby approved.
February 28, 1962 Crawford J. Carroll Mayor