REGULAR MEETING
September 25, 1972
The regular meeting of City Council was held on Monday, September 25, 1972 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. Raymond Best of St. Andrews Lutheran Church.
MINUTES
The minutes of the regular Council meeting held on September 11, 1972 were accepted and bore the written approval of Mayor Carroll.
J.P. COURT #7 REPORT
The report of the J. P. Court #7 for the month of August was presented to Council along with a check in the amount of $9,090.96. The deferred payments due the City of Dover as of August 31, 1972 amount to $25,320.65. On motion of Mr. Walls, seconded by Mr. Muir, Council accepted the report as presented.
CHAS. PIETSCH REZONING
On motion of Mr. Holmes, seconded by Mr. Walls, the rezoning request of Mr. Charles Pietsch, 1100 South Little Creek Road, from R-20 to RG-3, was removed from the table. The Planning Commission has for the second time has considered this request and has recommended that this request be denied. Councilman Muir at this time asked if this property is not rezoned per this request, what happens to this property use? It was stated that the Planning Commission is studying the overall land use prospects for the area and will make recommendations at a later date. On motion of Mr. Holpp, seconded by Mr. Hayes, Council by a roll call vote of 6 ‘yes’ and 2 ‘no’, Messrs Harris and Muir, approved the recommendation of the Planning Commission and denied the request of Mr. Charles Pietsch.
WILLIAM STERLING REZONING
On motion of Mr. Holmes, seconded by Mr. Walls, the rezoning request of William Sterling of 1132 South Little Creek Road from R-20 to RG-3 was removed from the table. The Planning Commission has recommended that this request be denied. On motion of Mr. Hayes seconded by Mr. Legates, Council by a roll call vote of 6 ‘yes’ and 2 ‘no’, Messrs Harris and Muir, approved the request of the Planning Commission and denied the rezoning of the property located at 1132 South Little Creek Road from R-20 to RG-3.
PARKLAND GRANT RESOLUTION
The adoption of a resolution has been recommended by the Planning Commission that would allow the City to apply to the State for a parkland grant of approximately $80,000 to help offset the cost of construction of Tarburton Park. On motion of Mr. Walls, seconded by Mr. Holmes, Council by unanimous roll call vote adopted the following resolution.
WHEREAS, House Substitute #1 for House Bill #326 provides State assistance grants in the amount not to exceed fifty percent of the cost of local parkland acquisition, parkland development and related planning; and
WHEREAS, the City of Dover desires to participate in the aforementioned assistance program for the purposes specified in the attached application;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DOVER AS FOLLOWS:
1. That the City Council of the City of Dover hereby approved the filing of an application for a financial assistance grant under House Substitute #1 for House Bill #326 and provide the information and documentation required in said application;
2. That the City Manager is hereby authorized and directed to execute and file an application for a financial assistance grant under House Substitute #1 for House Bill #326 and provide the information and documentation required in said application;
3. That the local share of the project costs in an amount not to exceed $100,000 is available in the form of deposited funds.
ADOPTED SEPTEMBER 25, 1972
PARKING AUTHORITY APPOINTMENT
Mayor Carroll has recommended the re-appointment of Mr. Joseph J. Coyle to the Dover Parking Authority, his term to expire on June 30, 1977. On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous roll call vote approved the appointment of Mr. Joseph H. Coyle to the Parking Authority.
UNIT #3 BIDS
Bids were received on September 12, 1972 for Supervisory Equipment for the North Street Switching Station in conjunction with Unit #3. Four (4) bids were received with the low bid being that of Gulton Industries, Inc. at a bid price of $35,285. On motion of Mr. Holpp, seconded by Mr. Harris, Council approved the award of the abovementioned contract to the low bidder, Gulton Industries, Inc., at the low bid price of $35,285.
DOVER COUNTRY CLUB LEASE AGREEMENT
An agreement has been prepared by the City Solicitor after much consultation with the owners of the Dover Country Club and the staff of the City concerning the leasing of the Dover Country Club by the City of Dover. This lease would be exercised pending the area coming in to the City of Dover in an annexation referendum to be held on September 28, 1972. This lease contains an agreement that the City will lease from Dover Country Club Inc., for a period of ten (10) years, with an option to buy, the present nine hole golf course. Also included in this lease agreement is the option for the City to purchase the land now set aside for the further construction of nine more hold of golf. The City would also purchase over a ten-year period, the wells now used as the supply for the irrigation system. After much discussion by Council, a motion was made by Mr. Muir and seconded by Mr. Harris, and Council by a roll call vote of 6 ‘yes’ and 2 ‘no’, Messrs Hayes and Legates, agreed to enter into such a lease with the Dover Country Club, Inc., pending the annexation of this area into the limits of the City of Dover, the referendum to be held on September 28, 1972, the results of which will be presented to Council on October 9, 1972.
HARRY RICHARDSON ESTATE REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of the property located on the northwest intersection of Walker and McKee Roads. Mayor Carroll declared the hearing opened. Mr. James DiSabatino, representing the equitable owner was present and spoke on behalf of the rezoning. No one else was present to speak for or against the rezoning. The Planning Commission has recommended approval of the request as submitted, except that the have changed the commercial zone from C-2 to C-1A. Mayor Carroll declared the hearing closed. On motion of Mr. Walls, seconded by Mr. Holmes, 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 AT THE NORTHWEST CORNER OF WALKER AND MCKEE ROADS, FROM R-20 TO R-8, RG-2, RG-3 AND C-1A 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-20 to R-8, RG-2, RG-3 and C-1A 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 of Walker and McKee Roads, owned by the Harry Richardson Estate, equitable owners being J. V. DiSabatino, Inc., and containing approximately 68.571 acres.
ADOPTED SEPTEMBER 25, 1972
THE BEECHES REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of all the land located in The Beeches that is presently zoned for R-20 use. 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 rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Walls, 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 AT THE EAST SIDE OF U.S. ROUTE 13, KNOWN AS “THE BEECHES”, FROM R-20 TO R-10 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-20 to R-10 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 R-10 on that properties located on the eastside of U.S. Route 13, in the area known as “The Beeches”.
ADOPTED SEPTEMBER 25, 1972
E. H. RICHARDSON REZONING REQUEST
A request has been received from Edward H. Richardson Assoc. to rezone lots they own located in the Edgehill Subdivision. A public hearing is required prior to amending the zoning ordinance or zoning map. On motion of Mr. Walls, seconded by Mr. Legates, 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 29, 30, 33 in Edgehill Subdivisions 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 October 23, 1972 at 8:00 P.M. on a proposed amendment to the Zoning Ordinance and Map of the City of Dover that would rezone from R-7 to I0 lots 29, 30 and 33 of Edgehill Subdivision, owned by Edward H. Richardson Associates, Inc. and containing approximately .51 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED SEPTEMBER 25, 1972
DAVID HARMON REZONING REQUEST
A request has been received from David Harmon to rezone property he owns located on White Oak Road. 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 roll call 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 property located on White Oak Road 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 October 23, 1972 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-20 to RG-2 that property located on the northside of White Oak Road, owned by David Harmon and containing approximately 11 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED SEPTEMBER 25, 1972
EAST LOOCKERMAN STREET CLOSING
Some weeks ago, East Loockerman Street just east of U.S. Route 13 was closed by Council, after a request and petition of the area residents requesting the closing of this through street. A few problems with traffic control and the routing of traffic have arisen and were brought before Council at this time. On motion of Mr. Legates, seconded by Mr. Hayes, Council referred this problem to the Safety Advisory Committee for their study and recommendation.
VOTER REGISTRATION LISTS
A list of approximately 1080 voters registered with the City of Dover for municipal elections was presented to Council for their consideration in removing these names from the eligible list of voters within the City. These persons have either moved, deceased or have failed to vote at three (3) consecutive elections. Section 11-9 of the Dover Code states that a list of such persons must be presented to Council at two consecutive regular meetings, prior to disposition of these names. On motion of Mr. Hayes, seconded by Mr. Muir, Council directed that a certified letter be sent to each person on this list, excluding those persons certified to be deceased. An opportunity will be given these persons so notified by Certified Mail for them to appear in person in the Office of the Clerk of Council and so state their desire to remain on the eligible voter list of the City of Dover. This list will again be presented on October 9, 1972 at the regularly scheduled Council meeting for the second time.
COUNCIL ADJOURNED AT 8:45 P.M.
JAY R. DOUGHERTY
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at its meeting of September 25, 1972 are hereby approved.
CRAWFORD J. CARROLL
MAYOR
SEPTEMBER 26, 1972