City of Dover, Delaware - Regular City Council Meeting

Regular City Council Meeting

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Jul 23, 1973 at 12:00 AM

REGULAR MEETING

July 23, 1973

The regular meeting of City Council was held on Monday, July 23, 1973 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Hayes, Holmes, Holpp, Legates, Muir and Walls. Councilman Harris was absent.

The invocation was said by Rev. J. H. Williams of the Union Baptist Church.

MINUTES

The minutes of the regular Council meeting of July 9, 1973 were accepted and bore the written approval of Mayor Carroll.

LEGISLATIVE & FINANCE COMMITTEE

A written report of the Legislative & Finance Committee meeting held on July 17, 1973 was presented by Chairman Hayes. On motion of Mr. Walls, seconded by Mr. Muir, Council accepted the report as presented.

CORPORATION VOTING ORDINANCE

The General Assembly of the State of Delaware has passed legislation that amends the Charter of the City of Dover that now permits Corporations to vote in annexation referendums in the City of Dover. The Legislative & Finance Committee has proposed and ordinance setting up the mechanics for the voting by a corporation in such an annexation referendum. On motion of Mr. Walls, seconded by Mr. Holmes, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Harris, adopted the following ordinance.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. Corporations owning real estate in an area sought to be annexed to the City of Dover are permitted to vote at an election to determine whether the territory should be annexed if they appear as owners of real property on the assessment records of Kent County at the time of the election.

2. The election officers at the special election shall permit a corporation to vote at such election upon receipt of a corporate resolution of the corporation passed by the governing body of said corporation naming an officer, agent, or other person who shall have the authority to vote for the corporation at the election.

3. The corporate resolution shall be certified as being a true and correct copy by the secretary or other similar officer of the corporation and the corporate seal shall be affixed thereto.

ADOPTED JULY 23, 1973

ABSENTEE BALLOT ORDINANCE

On motion of Mr. Legates, seconded by Mr. Walls, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Harris, adopted the following ordinance providing for the use of absentee ballots in Municipal Elections.

BE IT ENACTED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. Purpose of Ordinance. The intention of this ordinance is that only a qualified voter may vote under the provisions of this ordinance, who may be absent on the day of any election fro the City, because of service in the Armed Forces of the United States or in the public service of this State or of the United State, or because of his business or occupation; or because or personal sickness or disability, cannot appear at the polling place on the day of any election.

2. Persons eligible to vote by absentee ballot. (a) Any qualified voter, duly registered, who shall be unable to appear to cast his ballot at any election at the regular polling place of the election, either because of being in the public service or of the United States or of this State, or because he will be unavoidably absent from the City on the day of the election, or because of his sickness or physical disability may cast a ballot at such election to be counted in the total for such election district.

3. Affidavits required of persons applying for absentee ballots. (a) Any voter desiring to receive an absentee ballot because of sickness or physical disability shall cause an affidavit to be filed with the elected official subscribed and sworn to before an officer authorized by law to administer oaths, by a person authorized to practice medicine or surgery under the laws of this State, and not dated more than thirty (30) days prior to the next election, the effect that such voter is unable to go to the polling place at the forthcoming election because of sickness or physical disability, or that the sickness or physical disability or such voter will make it dangerous to the life or health of such voter to go to the polling place at the forthcoming election.. Such affidavit shall be filed with the elected official before the elected official shall mail or deliver to such voter the official ballot, envelopes, or instructions as provided in this ordinance.

(b) Any voter desiring to receive an absentee ballot because of his business or occupation shall cause an affidavit to be filed with the elected official subscribed and sworn to before an officer authorized by law to administer oaths, by his employer, if any, or by the voter himself if he is self-employed, and dated not more than thirty (30) days prior to the election, stating the nature of his business or occupation, the reason why he cannot be at the polls on the day of election, his expected location including his address and telephone number to be used for the purpose of challenge on election day, and they by reason of his business or occupation he cannot and will not be present in the City of Dover on the day of election. Such affidavit shall be filed with the election officials before the election officials shall mail or deliver to such voter the official ballot, envelopes, or instruction as provided in this ordinance.

4. Request for ballot. (a) Any voter who is qualified under section 2 of this ordinance to vote be absentee ballot and who desires to do so, shall, not later than 12 o’clock noon of the day prior to any such election, request the election official, for an official ballot to be voted at such election.

(b) Such request, subject to the provisions of section 2 of this ordinance may be made by anyone on behalf of any such voter and such request shall be made to the election official and the election official shall act upon such request.

5. Distribution of ballots, envelopes and instructions. Upon receipt of a request from a voter, together with an affidavit if required by the provisions of section 3 of this ordinance, the election official, not more than sixty (60) not less than three (3) days prior to an election and within three (3) days after the ballots, envelopes and instruction for absentee voters became available, as provided by the election law, shall mail to the voter, postage prepaid, an official ballot enclosed in an official envelope along with a voucher envelope marked “Voucher Envelope”, a copy of the Instruction to Absentee Voters and a carrier envelope marked “Carrier Envelope”. Nothing contained in this section shall prevent the issuance of an absentee ballot to those lawfully entitled thereto prior to 12 o’clock noon of the day prior to any election when the request is made less than three (3) days prior to the election.

6. Affidavit of eligibility on voucher envelope: form. There shall be printed on the face of each voucher envelope an affidavit in substantially the following form:

“I do solemnly swear (affirm) that I am a resident of the State of Delaware and will have resided therein at least _______ years preceding the day of the election at which this ballot is to be voter; voting address is _________________________ in or near ___________________.

“That I will be absent from the City of Dover on the day of said election because of ( ) being in the Armed Services of the United States, ( ) public service of this State, ( ) nature of my business or occupation, ( ) sickness or physical disability, and for the reason indicated I cannot appear at the polling place in which I am a qualified voter. I further swear, (affirm) that I marked my ballot in secret.

I, __________________ do solemnly swear (or affirm) that I have not received or accepted, or offered to receive or accept, paid or transferred or delivered, or offered or promised to pay, transfer or deliver, or contributed or offered or promised to contribute or offered or promised to contribute to another to be paid or used any money or other valuable thing as compensation, inducement or regard for the registering or abstaining from registering of any one qualified to register, or for the giving or withholding a vote at this election.

(Signed) _________________________________

Write Name Here

_________________________________

Print Name Here

Subscribed and sworn (affirmed) before me this ______ day of ______, A.D. 19___; and I hereby certify that the affiant did in such manner that I could not see his ballot, mark such ballot, ad that the affiant was not solicited or advised by me to vote for or against any candidate.

(Signed)_________________________________

Notary Public; or other qualified person:

State title.”

7. Envelope specifications. (a) The voucher envelope shall be of the type known as a security mailing envelope and shall be such as to securely protect the contents thereof from tampering, removal or substitution without detection. Such envelopes shall be successively numbered beginning with Number 1 printed in red ink in the upper right hand corner thereof.

(b) The carrier envelope shall be large enough to carr the voucher envelope.

(c) All envelopes used under the provisions of this chapter, including all envelopes in which the election officials shall forward to an absentee voter an official ballot accompanied by the official envelope, the voucher envelope, a carrier envelope and instructions to absentee voters, and the envelopes used by the election officials for forwarding the returned marked ballot to the polls of the various election districts, shall be uniform throughout the City.

8. Instructions to absentee voter. The City Clerk shall prepare a list of instructions to assist an absentee voter in properly marking and returning his ballot under the provisions of this ordinance which shall be known as “Instructions to Absentee Voter”. Before each election the City Clerk shall deliver a copy thereof to each election official in sufficient time for such election official to have such instructions printed and forwarded to absentee voters requesting an official ballot for the ensuing election.

9. Voting procedure; execution of affidavit; return of ballot. The absentee voter shall make and subscribe to the affidavit printed on the voucher envelope, before an officer authorized by law to administer oaths, and such voter shall thereupon in the presence of such officer, and of no other person mark such ballot but in such manner presence of such officer, and of no other person mark such ballot but in such manner that the officer cannot know how the ballot is marked, and the ballot shall then in the presence of the officer be deposited by the voter in the official envelope. The official envelope containing the ballot shall then be deposited in the voucher envelope and the voucher envelope containing the marked ballot shall be enclosed in the carrier envelope received by the voter from the election official and after the voter has enclosed the voucher envelope containing the marked ballot in the carrier envelope, he shall securely seal the carrier envelope and mail it, postage prepaid, to the election official issuing the ballot, or if more convenient, it may be delivered to the election official in person, to be received in either case, by the election official “before 12 o’clock noon of the day before election” and not thereafter.

10. Time limit for return of ballot, late ballots. The absentee voter shall return his marked ballot enclosed in the voucher envelope to the election official before 12 o’clock noon of the day before election; and any absentee ballot received by a n election official after 12 o’clock noon of the day before election shall not be forwarded to the polls, but the election official shall endorse on the voucher envelope containing such ballot the time such was received and shall retain all such envelopes unopened and so endorsed until the last day of April next after the election, and longer if desired to do so by proper authority.

1. Procedure on receipt of absentee ballot by Election Officials. (a) Upon the receipt of the carrier envelope from the absentee voter, the election or person authorized by them to do so, shall open only the carrier envelope and take therefrom the voucher envelope containing the ballot of the absentee voter.

(b) No member of the election officials shall open or attempt to open the enclosed voucher envelope containing the ballot of the absentee voter, or to change or alter or attempt to do so, the envelope or any writing, printing or anything whatsoever thereon.

(c) Any member of the election officials or person authorized by them to do so, shall forthwith enclose the voucher envelope as received by the election officials and unopened, in a special carrier envelope.

(d) The Election Officials or person authorized by them shall forthwith securely seal the carrier envelope and in ink they shall write their full names thereon in the proper place, as indicated in subsection (c) of this section, and shall safely keep the same in the office of the election officials until delivered as provided in this ordinance.

12. Special carrier envelopes used to convey absentee ballot to polling place: form. The special carrier envelope in which the absentee ballots are placed when returned by the absentee voter shall have been printed thereon the following:

ABSENTEE VOTER’S BALLOT

for the

CITY OF DOVER

This envelope contains an absentee voter’s ballot and shall be opened only at the polls of said election district on election day while said polls are open. This envelope and the enclosed voucher envelope shall be preserved by the election officials and at the close of the count shall be placed in the box into which the ballots have been put when read, and returned therewith.

13. Delivery of absentee ballots to polling places. When an absentee voter’s ballot is received by any election official, the voucher envelope containing the marked ballot sealed in the special carrier envelope of the election officials, shall be enclosed and sealed in a package and safely kept in its office until the day of the election and delivered to the polling place in which the absentee voter, as so indicated by the voter, is a resident, after the opening of the polls on the day of the election and at least two hours before the closing of the polls.

Any member of the election officials, in person or by a duly deputized agent, shall deliver all such absentee voters ballots separately enclosed in a special carrier envelope to the election officials at the polls of the absentee voters, taking the receipt of the respective election officials for the delivery of such a ballot or ballots.

4. Requirements for absentee ballots received by election officials. The election officials shall refuse to receive any absentee voter’s ballot from any person other than a member of the elections officials, or a duly deputized agent, other than those ballots enclosed in the sealed package delivered by the election officials, and shall refuse to receive and act upon any such ballot, this is not enclosed in an envelope bearing the signature in ink of an election official as required by section 11 of; this ordinance.

15. Procedure at polling place. At any time between the opening and the closing of the polls on election day the election officials shall open the outer or carrier envelope only and ascertain the name of the absentee voter as appears by the executed affidavit of the absentee voter on the voucher envelope enclosing the marked ballot; whereupon he shall announce the absentee’s voter’s name for the purpose of challenge and upon the determination that such person is a duly registered voter of said City by comparing the voter’s signature upon the voucher envelope with the signature of the voter appearing in the Record and that such voter has not voted in person at the election he shall open the voucher envelope containing such absentee voter’s ballot in such a manner as not to deface or destroy the number thereof, or the affidavit thereon, and take therefrom the official envelope containing the marked ballot, and without opening or permitting the official envelope to be opened or the contents examined, shall cause the election officials to write their names on the official envelope, and the election officials shall enter the name and address of the absentee voter on the poll lists. The ballot shall then be voted by depositing same (still in its official envelope) in the ballot box provided for receipt of absentee ballots, and the proper notations of such vote shall then be recorded in the election records in the same fashion as if the voucher has appeared to cast his vote in person.

All voucher envelopes from which ballots have been taken and voted, and all voucher envelopes containing ballots which have been rejected and endorsed, as provided in Section 17 of this title, shall be preserved by the Inspector, and at the close of the count shall be placed in the ballot box as provided by the election laws.

16. Challenges. The vote of any absentee voter may be challenged for the same causes, and in the same manner as provided by the election laws, and further, the vote of any absentee voter may be challenged on the ground that the affidavit filed by the voter in accordance with section 3 of this title is false, and in the case of a voter who was allegedly absent from his election district because of his business or occupation, on the ground that he was not absent from his election district for the entire day of the election. Upon challenge, proceedings thereon shall be as provided by the election laws.

17. Rejected ballots. (a) In case the affidavit of the absentee voter is found to be insufficient, or the absentee voter is not a duly registered voter in the City of Dover, or the voucher envelope has been tampered with or altered, or such ballot has been forwarded to the polls by someone other than the election officials, such vote shall not be accepted or counted. If the voucher envelope has not been opened at the time the election officials decide that the offered ballot contained therein should be rejected for any of the foregoing reasons, it shall not be opened by the election officials, but they shall endorse thereon, “REJECTED” (giving reason therefor), and if the voucher envelopes has been opened and the ballot is rejected, the official envelope containing the ballot shall be replaced in the same envelope from which it was taken and the election officers shall endorse on the voucher envelope, “REJECTED”. (giving reason therefor).

(b) Whenever it is made to appear by due proof of the election officials that any absentee voter, who has marked and forwarded his ballot, had died, the voucher envelope containing the ballot shall not be opened but shall be marked “REJECTED, DEAD”, and shall be preserved and; disposed of as other rejected ballots.

18. Persons before whom affidavits may be taken. Any affidavit required under the provisions of this ordinance may be taken before any person with authority to administer oaths and affirmations in the place where such affidavit may be taken, and whenever taken outside the state, the authority of such persons shall be conclusively presumed.

Any affidavit required under the provisions of this ordinance, when made by a voter in the armed forces or Merchant Mariene of the United States, or; by persons serving with the American Red Cross, the Society of Friends, the Women Air Force Service Pilots, and United State, may be taken before any commissioned or noncommissioned officer not below the rank of sergeant, or petty officer, in the armed forces of the United States, or any member of the Merchant Marine of the United States properly designated for such purpose, or any other person authorized to administer and attest oaths or affirmations, and whenever taken outside the State of Delaware, the authority of such person shall be conclusively presumed.

ADOPTED JULY 23, 1973

PENSION FUND STUDY

A pension fund study has been recommended by the Legislative & Finance Committee. Several bids were received to do such a study and the best price offer was received from Johnson and Higins Company of Philadelphia, Pa., a firm specializing in such studies. They have done previous work for the City on their pension plans. Their offer was to study both the General and Police Pension Funds for the sum of $2500. On motion of Mr. Walls, seconded by Mr. Muir, Council authorized the employment of the firm of Johnson & Higgins as outlines above.

FRAZIER LAND

Approximately 24 acres of land located north of the Delaware State College owned by Maurice Frazier is presently being leased and used by the City as a landfill. The City has made an offer to Mr. Frazier of $50,000 for this lad, which has been accepted by him. On motion of Mr. Muir, seconded by Mr. Biggs, Council authorized the City Manager to proceed with the purchase of the land at the price of $50,000.

KENT COUNTY THEATRE GUILD TAX EXEMPTION

A request has been received from the Kent County Theatre Guild regarding a tax exempt status for their property located on Roosevelt Avenue. The Legislative & Finance Committee has recommended that his request be denied. On motion of Mr. Holpp, seconded by Mr. Muir, Council denied the above request of the Kent County Theatre Guild.

FIRST NATIONAL RETIREMENT COMPANY

A request was received from the First National Retirement Company for the City to implement a program among its employees that they might invest monies through payroll deduction into the First National Retirement Company. The Legislative & Finance Committee has recommended their request be denied. On motion of Mr. Walls, seconded by Mr. Muir, Council approved the recommendation of the Committee.

CITY OF DOVER INSURANCE REQUIREMENTS

The City of Dover has in the past maintained their insurance on a broker-of-record system. After recent study by the City, the Legislative & Finance Committee has recommended that bids be solicited from all insurance agents in Dover for the complete City insurance package. On motion of Mr. Muir, seconded by Mr. Holpp, Council approved the recommendation of the Committee and requested these bids be returned to Council for their study and recommendation.

CITY PLANNING CONSULTANT

The Legislative & Finance Committee has recommended that the services of Mr. Jesse Nalle, Planning Consultant, be terminated and he be so notified immediately. The service is has been providing is in no way what the Council and/or Planning Commission has contracted for. On motion of Mr. Holmes, seconded by Mr. Biggs, Council directed that the Acting Planner so notify Mr. Nalle of his termination immediately.

ROBBINS HOSE COMPANY

Mr. William Hamilton, Chairman of the Robbins Hose Building Committee, was present and addressed Council concerning the proposed addition and renovation of the Robbins Hose Company Building. The Legislative & Finance has recommended that $600,000 of future Revenue Sharing monies be allocated to the Robbins Hose Company for their building program. On motion of Mr. Hayes, seconded by Mr. Muir, Council by roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Harris, approved the recommendation of the Committee and committed future Revenue Sharing Money in the amount of $600,000 to the Robbins Hose Company.

UNPAID AMBULANCE BILLS

The City Manager has recommended that a list of unpaid bills for ambulance service that was presented to Council, be placed in inactive status and turned over to a collection agency for collection wherever possible or written off. On motion of Mr. Legates, seconded by Mr. Holmes, Council approved the recommendation of the City Manager concerning the unpaid ambulance bills.

BUCKSON REZONING

A hearing held on July 9, 1973 on the rezoning of property owned by David P. Buckson and Edward H. Richardson was tabled until this time. On motion of Mr. Legates, seconded by Mr. Walls, it was removed from the table. The Planning Commission has now recommended that the request will be approved with the assurance that 38' streets and 60' rights-of-way will be provided. On motion of Mr. Legates, seconded by Mr. Muir, Council unanimously approved the following ordinance.

N ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED ON THE NORTHSIDE OF ROUTE 8, KNOWN AS THE PINE GROVE FARMS, FROM R-8 TO RG-2 AND R-8 USE.

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 in the best interest of zoning and planning to change the permitted use of the property described below from R-8 to RG-2 and R-8.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the Zoning designation from R-8 to Rg-2 and R-8 on that property located on the northside of Route 8, known as the Pine Grove Farms, owned by Edward H. Richardson and David P. Buckson and containing approximately 74.63 acres.

ADOPTED JULY 23, 1973

BACON COURT REZONING

A public hearing was duly advertised for this time and place to consider the rezoning of property located on Bacon Court. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has recommended approval of the request. Mayor Carroll declared the hearing closed. On motion of Mr. Muir, seconded by Mr. Holmes, Council by vote of 7 ‘yes’ and 1 ‘absent’ Mr. Harris, adopted the following ordinance.

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED ON BACON COURT FROM RG-2 TO R-8 USE.

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 in the best interest of zoning and planning to change the permitted use of the property described below from RG-2 to R-8 use.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RG-2 to R-8 on that property located on Bacon Court, owned by Chapel Builders and containing approximately 3.60 acres.

ADOPTED JULY 23, 1973

DOVER DELIVERANCE CENTER CHURCH

A request was been received from the Dover Deliverance Center Church to hold an open air meeting on the baseball field located on Court Street behind the Dover Mart Shopping Center. This meeting will be held on August 11, 1973 between the hours of 8:00 PM and 10:30 PM. On motion of Mr. Hayes, seconded by Mr. Holpp, Council granted permission as requested above pending approval of the City Manager and Chief of Police.

CURB AND GUTTER INSTALLATIONS

Determination was made and brought back to Council that a majority of the property owners on Edgemont Street, Spring Garden Street and North Edgehill Avenue had not objected to the proposed installation of curbs and gutters on these streets. The public hearing was held on July 9, 1973 and action was tabled pending a determination as to the number of persons objecting to the installation. On motion of Mr. Legates, seconded by Mr. Hayes, Council by roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Harris, approved the installation of the curbs and gutters on Edgemont Street, North Edgehill Avenue and Spring Garden Avenue, the cost to be assessed to the abutting property owners and the liens entered into the Municipal Lien Docket.

KENT COUNTY ARTS COUNCIL

The Kent County Arts Council is presenting a Jazz Theatre on August 1, 1973 and has requested permission to hang a banner across South State Street to advertise such. On motion of Mr. Legates, seconded by Mr. Hayes, Council granted permission to hang the banner with the final approval of the City Manager.

DOVER GREEN QUILTING BEE

A group of approximately 20 women have requested permission to hold a quilting bee on the Dover Green between the hours of 10 AM and 3 PM on either August 4^th or August 25^th. On motion of Mr. Hayes, seconded by Mr. Walls, Council approved the request for the quilting bee pending final approval of the City Manager and Chief of Police.

JAMES FAULKNER REZONING

A request has been received from James Faulkner to rezone property he owns located on New Burton Road. A public hearing is required prior to amending the zoning map and zoning ordinance. On motion of Mr. Legates, seconded by Mr. Walls, Council by unanimous vote adopted the following resolution and referred the request to the Planning Commission for the study and recommendation.

A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.

WHEREAS, certain property located on New Burton Road is presently owned by James C. & Edith Faulkner and zoned for R-20 use, and

WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That a public hearing be held in City Hall Annex on August 27, 1973 at 8:00 PM on a proposed amendment to the Zoning Map of the City of Dover that would rezone from R-20 to C-2 that property located on New Burton Road, owned by James C. & Edith Faulkner, equitable owner being Timothy Buonamici, and containing approximately 5 acres.

2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED JULY 23, 1973

PEOPLES BANK REZONING

A public hearing is requested to rezone property located on the northwest corner of Loockerman Street and Route 13. A public hearing is required prior to amending the zoning ordinance or zoning map. On motion of Mr. Legates, seconded by Mr. Walls, Council adopted the following resolution and referred the request to the Planning Commission.

WHEREAS, certain property located on the northwest corner of Loockerman Street and U.S. Route 13 is presently zoned for I0 and R-10 use, and

WHEREAS it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That a public hearing will be held in City Hall Annex on August 27, 1973 at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-10 & I0 to C-4 that property located on the northwest corner of Loockerman Street and U.S. Route 13, owned by Aaron Knopf, Carl Richardson and John Beiser, equitable owner being Peoples Bank and Trust Company, and containing approximately 31,000 square feet.

2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED JULY 23, 1973

NORTH ALLEY ABANDONMENT

A request has been received from Wesley College to abandon North Alley located between property owned by Walter Warrington and Wesley College. This alley location this is not presently being used as an alley, will be divided equally between the adjoining property owners, who are both agreeable to its abandonment. On motion of Mr. Hayes, seconded by Mr. Walls, Council adopted the following resolution.

A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A PORTION OF AN ALLEY LYING EAST OF BRADFORD STREET IN THE CITY OF DOVER.

1. The Council of the City of Dover is considering the vacating and abandoning of a portion of an alley lying east of Bradford Street as follows:

The alley known as North Alley lying between the properties of Walter Warrington and Wesley College being ten (10') in width and running east from Bradford Street to the now existing alley running north and south.

2. The Council of the City of Dover will sit on Monday, August 13, 1973, at 8:00 P.M. in the City Hall Annex to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover Chapter 158, Volume 36, Laws of Delaware.

3. The Clerk of Council is hereby directed to post copies of this resolution in five or place in the City of Dover and to publish the same in a newspaper published in the said City.

ADOPTED JULY 23, 1973

DOVER COUNTRY CLUB APARTMENTS ANNEXATION

The Utility Committee has recommended that an annexation referendum be set to consider the annexation of the Dover Country Club Apartments and adjacent areas. On motion of Mr. Holpp, seconded by Mr. Biggs, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Harris, adopted the following resolution.

A 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 THE 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 west of the present City limits and hereinafter more particularly described within the limits of the City of Dover.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein be annexed to the City of Dover:

ALL those certain pieces, parcels and tracts of land lying and being contiguous to the City of Dover in East Dover Hundred, Kent County, and State of Delaware and being more particularly described as follows, to wit:

BEGINNING at the intersection of the easterly right-of-way line of Saulsbury Road and the right-of-way line of Hartly Road; and thence in a westerly direction following the present boundary of the City of Dover to the westerly right-of-way line of Kenton Road; thence with the westerly right-of-way line of the Kenton Road in a northerly direction to the property line of the line of the Kenton Road in a northerly direction to the property line of the Dover Country Club; thence with the northern boundary of the Dover Country Club and in a southwesterly direction to lands now or formerly of Frank Robino; thence by and with the various lines of the lands of Frank Robino to the northerly right-of-way line of the Harlty Road; thence with the northerly right-of-way line of the Hartly Road and in a westerly direction to the westerly property line of Donald G. Carey; thence in a southerly direction and with the lines of the said Carey lands and with the westerly property line of Eugene Gagen to the Hazlettville Road and then continuing in a southerly direction with the westerly property line of Alvin Brittingham and with the southern line of the said Brittingham lands in an easterly direction to the easterly right-of-way line of Old Mill Road or State Road 195; thence with the easterly right-of-way line of Old Mill Road and in a northerly direction to the southerly right-of-way line of the Hazlettville Road; thence in an easterly direction to the present boundary of the City of Dover being the easterly right-of-way line of Mifflin Road; thence with the easterly right-of-way line of Mifflin Road in part and with the present boundary of the City of Dover in part and in a northerly direction to the northern property line of the Mifflin lands; thence with the said Mifflin lands in an easterly direction and continuing with the present boundary of the City of Dover to the easterly right-of-way of Saulsbury Road in a northerly direction home to the place of beginning be the contents what they may.

2. That an election be held on the 23^rd day of August, A. D., 1973, commencing at the hour of 1:00 PM in the City Hall Annex, The Plaza, Dover, Delaware for the purpose of submitting the question of annexation of the above area to those 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 JULY 23, 1973

RUDNICK ANNEXATION

The Utility Committee has recommended that an annexation referendum be set to consider the annexation of the area containing the Rudnick Farm located at Coopers Corner. On motion of Mr. Holpp, seconded by Mr. Hayes, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Harris, adopted the following resolution.

A 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 THE 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 to 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 south of the present City limits and hereinafter more particularly described within the limits of the City of Dover.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein be annexed to the City of Dover:

ALL those certain lots, pieces or parcels of land lying and being situate contiguous 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 the intersection of the easterly right-of-way line of U.S. Route 113A and the westerly right-of-way line of U.S. Route 13; thence with the said westerly right-of-way line of U.S. Route 13 and in a southerly direction to the point of intersection with the southerly right-of-way line of the new connecting road now being built between U.S. Route 13 and U.S. Route 113A; thence with the said southerly right-of-way line of 113A; thence in an easterly direction to the easterly right-of-way line of U.S. Route 113A in a northerly direction home to the place of beginning, be the contents what they may.

2. That an election be held on the 23^rd day of August A.D., 1973, commencing at the hour of 1:00 PM in the City Hall Annex, The Plaza, Dover, Delaware for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.

3. That the election be held pursuant to 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 as least two weeks prior to the date of election.

ADOPTED JULY 23, 1973

A 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 THE SAID AREA.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That the following described area situated in East Dover Hundred, Kent County, State of Delaware and more particularly described and bounded herein be annexed to the City of Dover:

BEGINNING at the intersection of the easterly right-of-way line of U.S. Route 113A and the westerly right-of-way line of U.S. Route 13; thence with the said westerly right-of-way line of U.S. Route 13 and in a southerly direction to a point opposite the property line of the Rudnick Livestock Sales Company et al; thence in an easterly direction with the said Rudnick Livestock Sales Company property line to the easterly right-of-way line of U.S. Route 113A; thence with the said easterly right-of-way line of U.S. Route 113A in a northerly direction home to the place of beginning be the contents what they may.

2. That an election be held on the 23^rd day of August, A.D., 1973 commencing at the hour of 1:00 P.M. in the City Hall Annex, The Plaza, Dover Delaware for the purpose of submitting the question of annexation of the above area to those 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 JULY 23, 1973

UTILITY COMMITTEE

A written report of the Utility Committee meeting held on July 18, 1973 was presented by Chairman Holpp. On motion of Mr. Legates, seconded by Mr. Muir, Council accepted the report as presented.

COUNCIL ADJOURNED AT 8:40 P.M.

JAY R. DOUGHERTY

CITY CLERK

All orders, ordinances and resolutions adopted by City Council at its meeting of July 23, 1973 are hereby approved.

CRAWFORD J. CARROLL

MAYOR

JULY 25, 1973