REGULAR MEETING
November 27, 1972
The regular meeting of City Council was held on Monday, November 27, 1972 at 7:30 P.M. with Vice-Mayor Hayes presiding. Members present were Biggs, Harris, Holmes, Holpp, Muir and Walls. Mayor Carroll and Councilman Legates were absent.
The invocation was said by Rev. John D. Michael of the First Baptist Church.
MINUTES
The minutes of the Council meeting of November 13, 1972 were accepted and bore the written approval of Mayor Carroll.
J. P. COURT #7 MONTHLY REPORT
The monthly report of the J. P. Court #7 for the month of October was presented to Council attached to a check in the amount of $7,097.85. Deferred payments due the City of Dover as of October 31, 1972 are $26,635.53. On motion of Mr. Walls, seconded by Mr. Muir, Council accepted the report as presented.
FIRE CHIEF ELECTIONS
A certified report by the Electric Officials was presented to Council of the Fire Chief election held in Monday, November 20, 1972. The results were as follows:
CHIEF - William Rhodes 23 Votes
DEPUTY CHIEF - Kline Kemp, Jr. 23 Votes
1ST ASST. CHIEF - Edwin Baker, Jr. 24 Votes
2ND ASST. CHIEF - Carleton Carey 18 Votes
- Jack Lecompte 9 Votes
3RD ASST. CHIEF - Charles H. Boyer 23 Votes
On motion of Mr. Holpp, seconded by Mr. Biggs, Council accepted the results as certified by the Election Officials.
ANNEXATION RESULTS
The results of the annexation referendum held on the property located on the south side of Whiteoak Road owned by Isidor Markowitz held this date were presented to Council as follows:
FOR ANNEXATION - 92 Votes
AGAINST ANNEXATION - 0 Votes
On motion of Mr. Holmes, seconded by Mr. Walls, Council accepted the results as certified by the Election Officials.
MARKOWITZ ANNEXATION
On motion of Mr. Walls, seconded by Mr. Muir, Council by a roll call vote of 6 ‘yes’ and 1 ‘absent’, Mr. Legates, adopted the following resolution.
A RESOLUTION APPROVING THE INCLUSION OF AN AREA ADJACENT TO THE CITY OF DOVER ON THE SOUTH SIDE OF WHITE OAK ROAD WITHIN THE LIMITS OF THE CITY OF DOVER.
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 deemed it in the best interest of the City of Dover to include the area adjacent to the City limits and being the lands of Isidor and Henrietta Markowitz lying on the south side of the White Oak Road more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held on the 27th day of November AD 1972 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, the aforementioned Amendment to the Charter of the City of Dover provides that if a majority of the votes cast in an election held in a territory within the limits of the City of Dover, the Council shall thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER,
1. That the following described area situate in East Dover Hundred, Kent County, Delaware and more particularly described and bounded herein shall be annexed to and included within the limits of the City of Dover.
ALL those pieces, parcels or lots of land lying and being on the southerly side of White Oak Road, East Dover Hundred, Kent County, and State of Delaware, being more particularly described as follows, to wit:
BEING all the lands of Isidor and Henrietta Markowtiz lying on the south side of White Oak Road and being adjacent to the City limits on the west side and of record in the Office of the Recorder of Deeds in and for the Kent County, Delaware.
2. That a certified copy of the Resolution of Annexation together with a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds, Kent County.
3. That the above described area so annexed and included within the limits of the City of Dover shall be fore all purposes beginning with the effective date of this resolution be a part of the City of Dover.
4. That the effective date of this resolution shall be the 28th day of November, 1972 at 12:01 A.M.
ADOPTED NOVEMBER 27, 1972
DAVID HARMON REZONING
A public hearing was held on October 23, 1972 on rezoning of property owned by David Harmon located on White Oak Road. Action was tabled pending a recommendation by the Planning Commission. On motion of Mr. Walls, seconded by Mr. Holpp,. Council removed this request from the table. The Planning Commission has recommended approval of the rezoning from R-20 to RG-2. On motion of Mr. Walls, seconded by Mr. Holmes, Council by a roll call vote of 6 ‘yes’ and 1 ‘absent’, Mr. Legates, 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 NORTHSIDE OF WHITE OAK ROAD FROM R-20 TO RG-2 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 from R-20 to RG-2 on that property described below.
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 property located on the northside of the White Oak Road, owned by David Harmon and containing approximately 11 acres.
ADOPTED NOVEMBER 27, 1972
E. H. RICHARSON REZONING
A public hearing was held on October 23, 1972 on rezoning of property owned by E. H. Richardson Associates. Action was tabled pending a recommendation by the Planning Commission. On motion of Mr. Holpp, seconded by Mr. Biggs,. Council removed the request from the table. The Planning Commission has recommended approval of this request. On motion of Mr. Walls, seconded by Mr. Biggs, Council by a roll call vote of 6 ‘yes’ and 1 ‘absent’, Mr. Legates, 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 AS LOTS 29, 30 & 33 IN EDGEHILL SUBDIVISION. FROM R-7 TO I0 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 from R-7 to I0 on that property described below.
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 I0 on lots 29, 30 & 33, Edgehill Subdivision, owned by Edward H. Richardson Associates.
ADOPTED NOVEMBER 27, 1972
E. H. RICHARDSON REZONING REQUEST
A recommendation from the Planning Commission to set a public hearing for the rezoning of lots 27, 28, 31 & 32 in Edgehill was considered by Council. On motion of Mr. Holpp, seconded by Mr. Walls, Council adopted the following resolution.
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 27, 28, 31 & 32 in Edgehill Subdivision 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 Hal on January 8, 1973 at 8:00 P.M. on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezone from R-7 to I0 lots 27, 28, 31 & 32, in Edgehill Subdivision owned by Edward H. Richardson Associates, Inc.
ADOPTED NOVEMBER 27, 1972
CHAMBER OF COMMERCE XMAS DECORATIONS
A letter was received from the Chamber of Commerce asking that the City participate once again in their Community Christmas Decoration program. In the past the City has donated $250 to help offset the expenses of this project. On motion of Mr. Harris, seconded by Mr. Walls, Council authorized the donation of $250 to the Chamber of Commerce for their Christmas Decoration program.
THOMAS COLLINS SITE SIGN
A letter was received from the State of Delaware, Department of Administrative Services requesting permission to erect a sign at the future site of the facility to be built on the Thomas Collins Site. Mr. Roe, Building Inspector, stated that this has been denied in the past until such time as a building permit is obtained for the construction of a facility. On motion of Mr. Muir, seconded by Mr. Holmes, Council denied the above request until a building permit has been obtained.
CAPITAL GRANGE TAX EXEMPT STATUS
A letter was received from the Capital Grange requesting tax exempt status for the local grange. They stated that have appealed to the County, in addition to the City, for this tax exempt status. On motion of Mr. Muir, seconded by Mr. Harris, Council deferred action on this request until the meeting of December 11th.
KEITH REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of lots 37-44 and 61-66 in Eastlake Gardens owned by Ernest & Esther Keith. Vice-Mayor Hayes declared the hearing opened. No one was present to speak for or against the rezoning. A letter was received from Mr. Ernest Keith stating that he would desire the Council to approve this request. The Planning Commission has recommended approval of this rezoning. Vice-Mayor Hayes declared the hearing closed. On motion of Mr. Holpp, seconded by Mr. Muir, Council by a roll call vote of 6 ‘yes’ and 1 ‘absent’ Mr. Legates, adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOV ER BY CHANGING THE ZONING DESIGNATION OF THE LOTS 37-44 AND 61-66, EASTLAKE GARDENS, FROM R-7 TO RG-2 USE.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use from R-7 to RG-2 on that property described below.
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-2 on lots 37-44 and 61-66, Eastlake Gardens, owned by Ernest and Esther Keith and containing approximately 7 acres.
ADOPTED NOVEMBER 27, 1972
ANNUAL AUDITS
Copies of both General Fund and Electric Revenue Funds Audits for the year ending June 30, 1972 were presented to Council this evening. Mr. William Manter will appear before Council on the meeting of December 11, 1972 to present these audits.
EASTLAKE GARDEN ALLEY
The City Manager has received from property owners in the Eastlake Gardens area, a request to abandon the alley between Garden Lane and Lakeview Drive and behind the property owned by Lore & Ellis Realty Company. A discussion followed as to whether this alley was being used by the City, and the City Manager stated that it now dead-ends behind Lore-Ellis, but since the City has utilities within the alley and it is dedicated by plat to the City, he would recommend that it be opened all the way through and it could then be used also the collect garbage from the properties that abutt this alley. On motion of Mr. Muir, seconded by Mr. Walls, Council by roll call vote of 6 ‘yes’ and 1 ‘absent’, Mr. Legates, directed the City Manager to have this alley opened completely from Garden Lane through to Lakeview Drive.
DIAMOND STATE TELEPHONE FUEL TANK
A request was received from Diamond State Telephone Company to install a 4000 gallon fuel tank under the sidewalk in the vicinity of the new construction f the telephone company on State Street. After close examination, it was determined that he placement of this tank would not be in the right-of-way, but on the phone company property, thereby not needing the permission of the City. City Manager James stated that he would so notify the Telephone Company.
COUNCIL ADJOURNED AT 8:10 P.M.
JAY R. DOUGHERTY
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at its meeting of November 27, 1972 are hereby approved.
CRAWFORD J. CARROLL
MAYOR
NOVEMBER 28, 1972