Regular City Council Meeting
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Jan 8, 1973 at 12:00 AM

REGULAR MEETING

January 8, 1973

The regular meeting of City Council was held on Monday, January 8, 1973 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Harris, Hayes, Holmes, Holpp, Legates, Muir and Walls.

MINUTES

The minutes of the Council meeting of December 11, 1972 were accepted and bore the written approval of Mayor Carroll.

REPORTS

The Chief of Police report for the month of December was accepted.

The Building Inspector & Fire Marshal report for the month of December was accepted.

City Planner report for the month of December was accepted.

Alderman report for the month of December was accepted, fines of $685 were remitted.

Cash Receipts, General Fund, for the month of December were accepted.

Budget Report, General Fund, for the month of November was accepted.

Cash Receipts, Electric Revenue Fund, for the month of December were accepted.

Cash Receipts, Electric Improvement Fund, for the month of December were accepted.

City Manager report for the month of December was accepted.

J. P. COURT #7 MONTHLY REPORT

The monthly report for November of the J. P. Court was accepted by Council attached to a check in the amount of $8,526.10. Deferred payments due the City of Dover as of November 30, 1972 amounted to $28,245.23.

1970 BONDS - CITY OWNED

The Council considered a resolution that would cancel the fourteen (14) bonds that were purchased by the City of Dover at the time of the sale of the 1970 Revenue Bonds. This was being considered in light of the new financing that was being proposed. On motion of Mr. Walls, seconded by Mr. Muir, Council by unanimous roll call vote adopted the following resolution.

WHEREAS, the City of Dover, Delaware has outstanding $70,000 Electric Revenue Bonds (Series 1970) due $5,000 each year February 15, 1974-1987 inclusive which are owned by the City of Dover, and

WHEREAS, the continued existence of these bonds works to the detriment of the City’s forthcoming Electric Revenue Bond issue in meeting the Additional Bond Convenant of the Bond Resolution.

NOW, THEREFORE, BE IT RESOLVED, that the City of Dover, Delaware cancel these specific bonds numbered 1 to 14 inclusive and that the City Treasurer by this Resolution is authorized and directed to make such transactions and such entries upon the books of the City so as to truely reflect this cancellation, and further that the Trustee is directed to destroy said bonds either by burning or shredding and to deliver to the City Treasurer a sworn affidavit to be signed by the Trustee with signatures notarized that the above had been accomplished, such affidavit to be preserved as a permanent record of the City of Dover.

ADOPTED JANUARY 8, 1973

LEGISLATIVE & FINANCE COMMITTEE

A written report of the Legislative & Finance Committee meeting held on December 26, 1972 and January 2, 1973 was presented by Chairman Hayes. On motion of Mr. Holmes, seconded by Mr. Walls, Council accepted the report as presented.

EXECUTIVE SECRETARY POSITION

The Legislative & Finance Committee has recommended the adoption of a new position of Executive Secretary to be placed in grade G-12. On motion of Mr. Walls, seconded by Mr. Muir, Council unanimously approved the creation of this position as recommended by the Legislative & Finance Committee.

CITY MANAGER PAY GRADE

The Legislative & Finance Committee has recommended that the City Manager remain in pay grade G-30 and he be placed in step three. This is necessary due to the fact that upon the appointment of Mr. James six months ago is salary was established at $300 per week with the understanding that it would be reviewed in six months.

ACTING PLANNER COMPENSATION

The Legislative & Finance Committee has recommended that the Acting City Planner be paid an additional $25 per week not to exceed 12 months until such time as a new Planner is employed by the City of Dover. On motion of Mr. Walls, seconded by Mr. Holmes, Council approved the recommendation of the Legislative & Finance Committee.

CHIEF OF INSPECTIONS PAY GRADE

The Legislative & Finance Committee has recommended that the pay grade of the Chief if Inspections be upgraded from G-21 to G-24. On motion of Mr. Holmes, seconded by Mr. Holpp, Council approved the recommendation of the Legislative & Finance Committee.

EMPLOYEES ADDITIONAL HOLIDAY

The Legislative & Finance Committee has recommended that the City of Dover Employees Personnel Policy be changed that would add an additional holiday, this holiday being Washington’s Birthday. They further recommend that the City of Dover observe all holidays on the same days as the state and federal governments. On motion of Mr. Legates, seconded by Mr. Muir, Council approved the above recommendations of the Legislative & Finance Committee.

BUILDING INSPECTOR & FIRE MARSHAL APPOINTMENT

On motion of Mr. Hayes, seconded by Mr. Biggs, Council by unanimous roll call vote appointed Jack T. Roe as Building Inspector & Fire Marshal for the year of 1973.

CITY TAX ASSESSOR APPOINTMENT

On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous roll call vote appointed Juilis Weinstein as Tax Assessor for the year of 1973.

ELECTION OFFICIALS - MUNICIPAL ELECTION

On motion of Mr. Legates, seconded by Mr. Walls, Council appointed Messrs Hayes and Harris and the City Alderman to serve as Election Officials and Messrs Holmes and Muir to serve as alternates for the upcoming Municipal Election, January 15, 1973. Also approved was the use of Voting Machines, the printing of sample and official ballots, the hiring of the necessary clerks, and the use of Grace Fellowship Hall as the polling place.

1973 REFUNDING BONDS & 1973 REVENUE BONDS

Council was presented with resolutions for their consideration on the sale of the $13,995,000 Refunding Bonds and $10,000,000 Revenue Bonds that would permit certain improvements tot eh City of Dover Electric System. Mr. John Miller, representing Merrill Lynch, Pierce, Fenner & Smith; Mr. Homer Schaaf, representing Brown, Wood, Ivey; and Mr. Howard Whitaker, representing Mitchell, Petty and Shetterly; were present and addressed Council on the feasibility and necessity of refinancing the 1970 projects started under the issuance of new money in the amount necessary to complete the projects started under the issuance of the 1970 bonds. The following resolutions were presented to Council for their consideration.

      (1) a resolution amending Section 209 of the Resolution adopted by the City Council on July 26, 1965 authorizing the issuance of Electric Revenue Bonds of the City to change the terms and conditions upon which additional bonds may be issued under said Section 209,

      (2) a resolution authorizing the issuance of $13,995,000 Electric Revenue Refunding Bonds (Series 1973) of the City,

      (3) a resolution authorizing the issuance of $10,000,000 Electric Revenue Bonds (Series 1973) of the City,

      (4) a resolution fixing the times and prices at which the $13,995,000 Electric Revenue Refunding Bonds (Series 1973) and the $10,000,000 Electric Revenue Bonds (Series 1973) are to be redeemable,

      (5) a Contract of Purchase submitted by Merrill Lynch, Pierce, Fenner & Smith Incorporated offering to purchase $13,995,000 Electric Revenue Refunding Bonds and $10,000,000 Electric Revenue Bonds (Series 1973)

      (6) a resolution awarding the $13,995,000 Electric Revenue Refunding Bonds (series 1973) and the $10,000,000 Electric Revenue Bonds (Series 1973),

      (7) an Official Statement date January 8, 1973 relating to $13,995,000 Electric Revenue Refunding Bonds (Series 1973) and $10,000,000 Electric Revenue Bonds (Series 1973),

      (8) a resolution approving the Official Statement relating to the $13,995,000 Electric Revenue Refunding Bonds (Series 1973) and the $10,000,000 Electric Revenue Bonds (Series 1973), and

      (9) a resolution providing for the redemption on February 15, 1982 of all of the outstanding Electric Revenue Bonds (Series 1970),

    (10)  a resolution approving a letter agreement for the purchase by the City of Dover, Delaware of $11,066,000 6 3/8% United States Treasury Bonds Due February 15, 1982 from Merrill Lynch, Pierce, Fenner & Smith Incorporation in connection with the refunding of the Electric Revenue Bonds (Series 1970) of the City and authorizing and directing the mayor to execute and deliver such letter agreement on behalf of the City of Dover.

On motion of Mr. Muir, seconded by Mr. Legates, Council by a unanimous roll call vote approved the adoption of the aforementioned ten (10) resolutions, all of which will become an official part of these minutes.

568-25 GENERAL CONSTRUCTION CONTRACT - MCKEE RUN

Bids were received on November 28, 1972 from six (6) contractors on the general construction work for the addition to McKee Run Generating Station. The low bidder was Livsey & Company of Charlottesville, North Carolina, at a bid price of $5,500,000. The recommendation of the engineer, Laramore Douglass & Popham is that Livsey & Co. be awarded the contract. On motion of mr. Holpp, seconded by Mr. Hayes, Council by unanimous roll call vote awarded the contract for Job 568-25, General Construction Work, to the low bidder Livsey & Company.

$3,500,000 PUBLIC IMPROVEMENT BONDS

A resolution authorizing the issuance of $3,500,000 Public Improvement Bonds was presented to Council for their consideration. On motion of Mr. Holmes, seconded by Mr. Biggs, Council by unanimous roll call vote adopted the following resolution.

WHEREAS, at a referendum election held in the City of Dover on January 24, 1970, 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 $5,000,000 to finance the following purposes:

      (a) For the construction, extension and improvement

            of sanitary sewers and sewer plants in the City                      $2,000,000

      (b) For the construction, enlargement, improvement

            and the extension of the water system of the City                  $2,000,000

      (c) For the construction of building to be used by the

            City for garage and storage space                                           $ 350,000

      (d) For the construction and addition to and reconstruction

            and renovation of the City Hall                                              $ 500,000

      (e) For the improvement of Tarburton Park for use as

            a park and recreational facility                                               $ 150,000

WHEREAS, the City has heretofore issued $500,000 Sanitary Sewer System Bonds, Series of 1970; $500,000 Water System Bonds, Series of 1970; and $500,000 Public Improvement Bonds, Series of 1970 thereby authorized and the Mayor and Council desire to issue the remainder of the bonds thereby authorized;

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, as follows:

      (1) The City of Dover shall issue its negotiable bonds of the aggregate principal amount of $3,500,000 Water System Bonds, Series 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 a part of the purposes described in the preamble to this resolution. Bonds shall be issued for the purposes and in the respective amounts hereinafter set forth in accordance with the proposition adopted at the aforementioned referendum.

      (2) The bonds to be issued for the construction, extension and improvement of sanitary sewers and sewer plants in the City shall be of the aggregate principal amount of $1,500,000 and shall comprise and 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 15 in each year as follows, viz.:

                        $25,000 in each of the years 1974 to 1983, inclusive;

                        $50,000 in each of the years 1984 to 1993, inclusive; and

                        $75,000 in each of the years 1994 to 2003, inclusive.

Each of said bonds be designated “Sanitary Sewer System Bond, Series of 1972".

      (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 $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 15 in each year as follows, viz.:

                        $25,000 in each of the years 1974 to 1983, inclusive;

                        $50,000 in each of the years 1984 to 1993, inclusive; and

                        $75,000 in each of the years 1994 to 2003, inclusive.

Each of said bonds shall be designated “Water System Bonds, Series of 1972".

      (4) The bonds to be issued for the construction and addition to and reconstruction and renovation of the City Hall 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 on June 15 in each year as follows, viz.:

                        $25,000 in each of the years 1974 to 1993, inclusive.

Each of said bonds shall be designated “Water System Bonds, Series of 1972".

      (5) Each of said bonds shall be dated December 15, 1972. Each of said bonds shall bear interest from its date until its maturity at a rate or rates which shall be determined upon the public sale of the bonds, and such interest shall be payable on June 15, 1973 and semi-annually thereafter on each December 15 and June 15. Both principal of and interest on said bonds shall be payable at the principal 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 of registration. None of said bonds shall be redeemable prior to its stated maturity, without the consent of the holder thereof. Each of said bonds shall be signed by the Mayor of The City of Dover and by the Treasurer 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 1972

$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 15, ____, the principal sum of

FIVE THOUSAND DOLLARS ($5,000)

and to pay to the interest on such sum from the date of this bond until it matures, at the rate of __________________ per centum (____%) per annum, payable on June 15, 1973 and thereafter semi-annually on December 15 and June 15, upon presentation and surrender, as they severally mature, of the interest coupons therefor annexed hereto. The Farmer Bank of the State of Delaware, in Dover, Delaware, in any coin or currency of the United State 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 Sewer System Bonds, Series of 1972)

This bond is one of an authorized issue, the aggregate principal amount of which is $1,500,000 and the bonds of which are like tenor, except as to number, rate of interest and maturity, and has been duly authorized and issued pursuant to and in accordance with the provisions of Chapter 158 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 24, 1970.

(Paragraph to appear only in Water System Bonds, Series of 1972)

The bonds is one of an authorized issue, the aggregate principal amount of which is $1,500,000 and the bonds of which are like tenor, except as to number, rate of interest and maturity, and has been duly authorized and issued pursuant to and in accordance with the provisions of Chapter 158 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 24, 1970.

(Paragraph to appear only in Public Improvement Bonds, Series of 1972)

This bond is one of an authorized issue, the aggregate principal amount of which is $500,000 and the bonds of which are of like tenor, except as to number, rate of interest and maturity, and has been duly authorized and issued pursuant to and in accordance with the provisions of Chapter 158 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 24, 1970.

The faith and credit of the City are hereby irrevocably pledged for the punctual payment of the principal and of 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 happened and to have been performed precedent to and in the issuance of this bond, exist, have happened and have been performed, and that the issuance 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 its Mayor and City Treasurer, and this bond to be dated as of December 15, 1972.

                                                                        ___________________

                                                                        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 15th day of (December,) (June), ______, the sum of

_____________________DOLLARS ($______)

at the principal 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 1972, dated December 15, 1972, No.______.

(facsimile signature)

                                                                        Mayor

                                                                            (facsimile signature)

                                                                        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 JANUARY 8, 1973

CITY HALL CONTRACT AWARD

Bids were received on December 21, 972 for the construction of the City Hall. The low bidder on the contract was John L. Briggs, Georgetown, Delaware at a bid price of $349,850. Mr. Calvin Clendaniel, Architect, was present and addressed Council and stated that he felt this bid was in order and was approximately $150 below the Engineer’s estimate. Also he presented to Council an additional request for a different type of roofing than was in the original bid contract, at an additional cost of $3500. On motion of Mr. Hayes, seconded by Mr. Walls, Council by an unanimous roll call vote awarded the contract to John L. Briggs, as bid plus the $3500 additional award for the roofing. Councilman Biggs was recorded as ‘Not Voting’.

E. H. RICHARDSON REZONING

A public hearing was duly advertised for this time and place to consider the rezoning of property located on Spring Garden Street, Lots 27, 28, 31 and 32, in Edgehill Subdivision. Mayor Carroll declared the hearing opened. Due to an error in the advertising of this rezoning pertaining to the legal owners of these lots, it has been requested that this hearing be cancelled and the lots readvertised for rezoning. Mayor Carroll declared the hearing closed.

HAYES & WILLIS - KULHANEK REZONING

A request has been received to rezone lots 27, 28, 31 & 32 in Edgehill Subdivision from R-7 to I0. A public hearing is required prior to amending the zoning Ordinance and Zoning Map. On motion of Mr. Legates, seconded by Mr. Walls, 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 ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.

WHEREAS, certain lots in Edgehill Subdivision, Lots 27, 28, 31 and 32 are presently zoned for R-7 use, and

WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Ordinance and Zoning Map.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER.

1. That a public hearing be held in City Hall on Monday, February 26, 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-7 to I0, in the Edgehill Subdivision, Lots 27 and 28, owned by Hayes & Willis, Inc., and lots 31 and 32, owned by Frank & Mary Kulhanek.

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

ADOPTED JANUARY 8, 1973

JOHN FINNEGAN REZONING

A public hearing was duly advertised for this time and place to consider the rezoning of land located on the southside of White Oak Road owned by John R. Finnegan. 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. Muir, 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 PROPERTY LOCATED ON THE SOUTH SIDE OF WHITE OAK ROAD, OWNED BY JOHN R. FINNEGAN, FROM R-20 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 R-20 to R-8.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER.

1. That from and after the passage and approval of this ordinance the Zoning Ordinance and Zoning Map of the City of Dover shall be amended by changing the zoning designation from R-20 to R-8 on that land lying on the south side of White Oak Road west of Long Point Road, owned by John R. Finnegan and containing approximately 27.983 acres.

ADOPTED JANUARY 8, 1973

MARKOWITZ REZONING

A public hearing was duly advertised for this time and place to consider the rezoning of land owned by Isidor Markowitz located on the South side of White Oak Road. Mayor Carroll declared the hearing open. Mr. Walt Ellis was present to speak on behalf of the rezoning. No one else 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. Biggs, seconded by Mr. Hayes, 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 PROPERTY LOCATED ON THE SOUTH SIDE OF WHITE OAK ROAD, OWNED BY ISIDOR & HENRIETTA MARKOWITZ, FROM R-20 TO RG-2 USE.

WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property located 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-20 to RG-2.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER.

1. That from and after the passage and approval of this ordinance the Zoning Ordinance and Zoning Map of the City of Dover shall be amended by changing the zoning designation from R-20 to RG-2 on that land located on the south side of the White Oak Road, owned by Isidor & Henrietta Markowitz, equitable owner being Walter Ellis and containing approximately 20 acres.

ADOPTED JANUARY 8, 1973

TONART CONSTRUCTION CO. REZONING

On motion of Mr. Walls, seconded by Mr. Holpp, the request for rezoning by Tonart Construction Co. was removed from the table. This request has been pending a decision of the Planning Commission. A public hearing was held on December 11, 1972 as duly advertised. On motion of Mr. Holpp, seconded by Mr. Muir, 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 PROPERTY LOCATED ON SPRUANCE ROAD LOTS 10-19, 22-34, FROM R-7 TO RG-3 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-7 to RG-3.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER.

1. That from and after the passage and approval of this ordinance the Zoning Ordinance and Zoning Map of the City of Dover shall be amended by changing the zoning designation from R-7 to RG-3 on that property located on Spruance Road, Lots 10-19, 22-34, owned by Tonart Construction Company.

ADOPTED JANUARY 8, 1973

DOVER EAST REZONING

On motion of Mr. Holmes, seconded by Mr. Walls, Council by vote of 7 ‘yes’ and 1 ‘no’ Mr. Hayes, removed from the table the rezoning request of Edward H. Richardson Assoc. for South Little Creek Road. The public hearing was held on November 13, 1972, a decision deferred pending a recommendation of the Planning Commission. The Planning Commission has recommended approval of this request. On motion of Mr. Holmes, seconded by Mr. Holpp, Council by a roll call vote of 5 ‘yes’ and 3 ‘no’, Messrs Hayes, Legates and Muir, 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 PROPERTY LOCATED ON SOUTH LITTLE CREEK ROAD OWNED BY EDWARD H. RICHARDSON ASSOCIATES, FROM RG-2 TO RG-3 USE.

WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property located 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 located on South Little Creek Road and described below from RG-2 to RG-3.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER.

1. That from and after the passage and approval of this ordinance the Zoning Ordinance and Zoning Map of the City of Dover shall be amended by changing the zoning designation from RG-2 to RG-3 on the property located on the northside of South Little Creek Road, owned by Edward H. Richardson Associates, and containing approximately 12.20 acres.

ADOPTED JANUARY 8, 1973

ANNA MAY PHILLIPS REZONING REQUEST

A request has been received from Anna May Phillips to rezone land she owns located on the southwest corner of Court Street and River Road. A public hearing is required prior to amending the Zoning Ordinance and Zoning Map. On motion of Mr. Legates, seconded by Mr. Harris, 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 ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.

WHEREAS, certain property located at the southwest corner of River Road and Court Street is presently zoned for RG-2 use, and

WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Ordinance and Zoning Map.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER.

1. That a public hearing be held in City Hall on Monday, February 26, 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 RG-2 to RG-5 that property located on the southwest corner of River Road and Court Street, owned by Anna May Phillips, equitable owner being Karp-Nestler Corporation, and containing approximately 2.5 acres.

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

ADOPTED JANUARY 8, 1973

AGNES G. WILLEY REZONING REQUEST

A request has been received from Agnes Willey to rezone land she owns located on Route 13. A public hearing is required prior to amending the zoning ordinance and zoning map. 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.

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

WHEREAS, certain land located on the east side of U.S. Route 13, north of but not adjacent to St. Jones River is presently zoned for R-20 use, and

WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Ordinance and Zoning Map.

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

1. That a public hearing be held in City Hall on Monday, February 26, 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 C-4 that property located on the east side of U.S. Route 13, north of but not adjacent to the St. Jones River, owned by Agnes G. Willey and containing approximately 2,817 acres.

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

ADOPTED JANUARY 8, 1973

CHAMBER OF COMMERCE REQUEST

A letter was received from the Greater Dover Chamber of Commerce requesting permission to erect a sign advertising the Greater Dover Chamber of Commerce, this sign to be erected on the former Reynolds Reed property, owned now by David P. Buckson who has previously given permission. On motion of Mr. Legates, seconded by Mr. Muir, Council granted permission to the GDCC to erect said sign.

CHAMBER OF COMMERCE MEMBERSHIP

The Chamber of Commerce has notified the City of Dover that through action taken by their Board of Directors, the City of Dover is now eligible for participation in the Greater Dover Chamber of Commerce as a member. The annual dues would be $150. They for the first year pro-rate at $75 for the period of January, 1973 thru June, 1973. This would entitle the Mayor, Council and Staff to participate in the Chamber activities. On motion of Mr. Holpp, seconded by Mr. Walls, Council authorized the obtaining of a membership in the Greater Dover Chamber of Commerce on behalf of the City of Dover.

DOVER INSURANCE AGENCY

A request has been received from the Pratt Insurance Company, owner of the Dover Insurance Agency, requesting that they be placed back on the list of insurance companies doing business within the City of Dover and would enable them to once again share in the dividends paid the various insurance agencies in Dover by the Broker of Record for the City of Doer, the Broker of Record being the Chas. W. Hardesty Agency. On motion of Mr. Holpp, seconded by Mr. Walls, the matter and request of the Dover Insurance Agency was referred to the Legislative & Finance Committee for their study and recommendation.

COUNCIL ADJOURNED AT 9:25 P.M.

                                                            JAY R. DOUGHERTY

                                                            CITY CLERK

All orders, ordinances and resolutions adopted by City Council at its meeting of January 8, 1973 are hereby approved.

                                                            CRAWFORD J. CARROLL

                                                            MAYOR

January 10, 1973