REGULAR MEETING
July 9, 1973
The regular meeting of City Council was held on Monday, July 9, 1973 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Harris, Hayes, Holmes, Holpp, Legates, Muir and Walls.
The invocation was said by the Rev. J. H. Williams of the Union Baptist Church.
MINUTES
The minutes of the Council meeting of June 25, 1973 were accepted and bore the written approval of Mayor Carroll.
REPORTS
The Chief of Police report for the month of June was accepted.
The Building Inspector & Fire Marshal report for month of June was accepted.
City Planner report for the month of June was accepted.
Alderman report for June was accepted, fines in amount of $1,139.50 were remitted.
Cash Receipts, General Fund, for month of June were accepted.
Budget Report, General Fund, for month of May was accepted.
Cash Receipts, Electric Revenue Fund, for month of June were accepted.
Cash Receipts, Electric Improvement Fund, for month of June were accepted.
City Manager report for month of June were accepted.
KENT COUNTY PLANNING COMMISSION
Mayor Carroll has recommended to Council that the appointment of a member of the Kent County Regional Planning Commission by the City of Dover be that of Jack T. Roe, City of Dover Acting Planner. This term is for five (5) years. On motion of Mr. Walls, seconded by Mr. Muir, Council by unanimous roll call vote confirmed the recommendation of Mayor Carroll and appointed Jack T. Roe, Acting Planner, to the Kent County Regional Planning Commission.
SEWAGE DISPOSAL PLANT
City Manager James requested permission of Council to discuss with any interested parties, the possibility of disposing of some of the equipment at the sewage disposal plant. The plant has been shut down since June 4, 1973 with the City entered the County Sewer System. A couple of parties have expressed an interest in acquiring some of the equipment that can be disposed of by the City. Mr. James stated that he would bring back any offers that would be received to Council for their consideration prior to selling any of the equipment.
SOUTHERN STATES COOPERATIVE
A letter was received from Southern States Cooperative located on New Burton Road requesting permission in place an 18,000 gallon liquid propane tank and a small cylinder bottling building on the extreme rear of their property. Their original request was denied by the Building Inspector and they are now appealing this decision to Council. On motion of Mr. Holpp, seconded by Mr. Hayes, Council by unanimous roll call vote denied the request of Southern State Cooperative.
TAYLOR REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of the property located on Bradford and Gooden Streets owned by Richard and Marilyn Taylor. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has recommended approval of this request. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous roll call vote 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 THE EAST SIDE OF SOUTH BRADFORD STREET AT GOODEN STREET, OWNED BY RICHARD AND MARILYN TAYLOR FROM RG-1 TO RG0 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-1 to RG0 use.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That form 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-1 to RG0 on that property located on the northeast corner of South Bradford Street and Gooden Street, owned by Richard & Marilyn Taylor, and containing approximately 18,000 square feet.
ADOPTED JULY 9, 1973
BUCKSON-RICHARDSON REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of the property located on the north side of the Hartly Road, known as the Pine Grove Farm, from R-8 to RG-2 and R-8. Mayor Carroll declared the hearing opened. Mr. David P. Buckson, one of the owners was present and addressed Council. The Planning Commission has recommended that this request be denied. Mr. Buckson stated that he felt the presentation that was made to the Planning Commission was somewhat incomplete in that the present sketch made by the architect was not available for this time to be presented to the Planning Commission but was available for this meeting and was presented by Mr. Buckson. A question was raised at this time concerning the dedication of the streets and the width of the streets in the area to be developed into multiple-housing. Mayor Carroll then declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Holpp, Council by a roll call vote of 7 ‘yes’ and 1 ‘no’, Mr. Muir, deferred any action of this request and referred it back to the Planning Commission for their further study and recommendation.
EDSON SARGEANT REZONING REQUEST
A request has been received from Edson Sargeant to rezone property he owns located on McKee Road from R-20 to R-8. A public hearing is required prior to amending the Zoning Ordinance and Zoning Map. On motion of Mr. Walls, seconded by Mr. Hayes, Council adopted the following resolution and referred the request to the Planning Commission.
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 McKee Road, owned by Edson & Ethleen Sargeant is presently 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 13, 1973 at 8:00 PM on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezone from R-20 to R-8 that property located on McKee Road, owned by Edson and Ethleen Sargeant and containing approximately 40,000 square feet.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JULY 9, 1973
CURB & GUTTER HEARINGS
A public hearing was duly advertised for this time and place to consider the installation of curb and gutters on Edgemont Avenue, North Edgehill Avenue and Spring Garden Avenue, in the area known as Edgehill. Mayor Carroll declared the hearing opened. Mr. Howard Janotta; Mr. Robert Larson; Mr. Jennie Harris; Mr. Clifford Lawton; Mr. Gerald Donovan, representing Edward H. Richardson Associates; and Mrs. Ruth Tee, representing Delaware Commission Enterprises, Inc.; were all present and spoke against the installation of the curb and gutters. The curb and gutters would be installed on both sides of the abovementioned streets with the cost to be assessed against the property owners. The Charter of the City of Dover provides for the installation of said curbs and gutters after a public hearing has been held and provided that not more than 50% of the property owners abutting the curb and gutter installation shall object to the project. No one else was present to speak for or against the proposed project. Mayor Carroll declared the hearing closed. On motion of Mr. Legates, seconded by Mr. Walls, Council deferred any action on this request until the next meeting. The delay was proposed to allow the Staff ample time to determine whether a majority of the abutting property owners on any of the given streets objects to the installation. A report will be made available to Council at its meeting of July 23, 1973.
J. P. COURT #7 REPORT
A report of the J. P. Court #7 for the month of June was received by Council attached to a check in the amount of $6,851.69. Deferred payments due the City of Dover as of June 30, 1973 amounted to $27,511.47. On motion of Mr. Hayes, seconded by Mr. Walls, Council accepted the report as presented.
SCHOOLVIEW DITCH
A petition was presented to Council by residents of Roberta Avenue in Schoolview in reference to the drainage ditch between the Schoolview Development and the property owned by Robert Tudor. This ditch is quite hazardous and has been under discussion by the City for some time in regard to solving the problem that exist in this area. Mrs. Henry Mann presented to Council the petition on behalf of the residents. Mr. Robert Tudor was also present and stated that he has been after the City to get the problem solved but has had no cooperation from the City. Mayor Carroll very emphatically denied that Mr. Tudor has try to solve this problem with the City, in fact Mr. Tudor has been the sole objection to getting this ditch cleaned out and put in condition that would permit proper drainage in the area. Mayor Carroll related these facts to the residents of Schoolview who were present and stated that the problem would be solved as soon as possible, but without the cooperation of Mr. Tudor, it might take a little longer. The City is working on the problem and will continue to do so until the drainage problem has been solved.
COUNCIL ADJOURNED AT 9:05 P.M.
Jay R. Dougherty, City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of July 9, 1973 are hereby approved.
Crawford J. Carroll
Mayor
JULY 10, 1973