Regular City Council Meeting
iCal

May 22, 1972 at 12:00 AM

REGULAR MEETING

May 22, 1972

The regular meeting of City Council was held on Monday, May 22, 1972 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 May 8, 1972 were accepted and bore the written approval of Mayor Carroll.

PROCLAMATION - “HONOR AMERICA DAY”

At this time Mayor Carroll signed a proclamation that proclaimed July 4, 1972 as “Honor America Day”. This proclamation was being issued through the Chamber of Commerce in an effort to encourage an expression of appreciation for the efforts and greatness of this country.

BUCKSON-RICHARDSON REZONING

A public hearing was duly advertised for this time and place to consider the rezoning of property located on the Kenton and Hartly Roads owned by Mr. David P. Buckson and Mr. Edward H. Richardson. This rezoning was initiated by the Planning Commission, who at this time was withdrawing their request, thereby requesting that Council not consider the rezoning as advertised. On motion of Mr. Hayes, seconded by Mr. Holpp, Council by unanimous roll call vote accepted the recommendation of the Planning Commission and withdraw the request.

THOMAS COLLINS REZONING

A request has been received to rezone the land on which the Thomas Collins Building is located on U.S. Route 13. A public hearing is required prior to amending the zoning ordinance and 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 AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.

WHEREAS, Certain property located on U.S. Route 13, between River Road and Water Street is presently zoned for C-4 use, and

WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Map and 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 at 8:00 P.M. on June 26, 1972 on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover hat would rezone from C-4 to I0 that land located on the westside of U.S. Route 13, between River Road and Water Street, owned by the State of Delaware and the present side of the Thomas Collins Building.

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

ADOPTED MAY 22, 1972

BERKELEY THOMPKINS LETTER

A letter was received from E. Berkeley Tompkins, Director of the Division of Historical and Cultural Affairs, State of Delaware, asking that the City of Dover consider the alternatives to demolition and/or removal of the present City Hall building. On motion of Mr. Legates, seconded by Mr. Muir, Council referred this request to the Committee of Committees for their study and recommendation. Mr. Hayes, cast a “No” vote on this motion of Council.

THOMAS FERGUSON WATER

Permission has been requested by Thomas Ferguson to hook into a temporary water line of Delaware State College on the south side of College Road to service a duplex building that he has recently had constructed. This temporary service will be used until the City runs a permanent service along College Road. This line belongs to the State College and they have stated that they have no objections, provided the City does not. On motion of Mr. Harris, seconded by Mr. Hayes, Council by unanimous vote granted permission of Mr. Thomas Ferguson to hook into the temporary service located on the south side of College Road, adjacent to the Delaware State College.

TEMPORARY OFFICES - DELAWARE STATE COLLEGE

A letter was received from Delaware State College requesting permission to locate a double mobile home on the campus to be used as an office facility for an extension service program that is to be started at Delaware State College. This request is for a temporary basis for this office, although the letter stated no definite time request. On motion of Mr. Harris, seconded by Mr. Holmes, Council directed that the Building Inspector contact the State College and obtain some details on this request and report them back to Council at its next meeting.

TREES - ELM TERRACE

A letter was received from the Friends of Old Dover requesting that no more trees be removed from the area of Elm Terrace, as had recently been requested by a resident of Elm Terrace and had been approved by Council. On motion of Mr. Hayes, seconded by Mr. Biggs, Council referred this request to the Park Committee for their study.

STANDARD BRANDS SEWER TIE

A request had been received from Standard Brands concerning the charges for the treatment of the sewage that they will be dumping into the City plant. They were at this time requesting a reduction in the proposed rates and conditions as outlined by the City of Dover Council at this meeting of April 24, 1971. They will be charged the regular industrial rates, plus the pumping station required will be at no cost to the City. On motion of Mr. Holpp, seconded by Mr. Hayes, Council by unanimous roll call vote, after much discussion, denied the further request of Standard Brands and further stated that the charges would be the same as all other industrial rates, and that the other conditions outlined by City Council at its meeting of April 24, 1972 would be upheld.

CHRISTINA MEYER REZONING

A public hearing was duly advertised and held on January 10, 1972 concerning the rezoning of land owned by Christina Meyer located on North State Street Extended. A decision at that time was not forthcoming on the rezoning so it was tabled. On motion of Mr. Legates, seconded by Mr. Muir, Council removed this request from the table. A discussion followed with Mrs. Meyer, M. Walter Ellis, her real estate agent, and the Council. The main concern in the rezoning of this property is the possibility of the construction of a public road adjacent to the property owned by Mrs. Meyer and property owned by Mr. Harry Lepore. Mr. Lepore and Mrs. Meyer are both in favor of dedicating the necessary land to make a public road, but Mr. Lepore has a lease with Hardee’s Restaurant, which at this time is holding up the agreement to construction the necessary public road through this area to connect U.S. Route 13 and North State Street. After much discussion by Council, a motion was made by Mr. Legates, and seconded by Mr. Muir, and Council by unanimous roll call vote adopted the following ordinance rezoning the land owned by Mrs. Meyer.

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE PROPERTY LOCATED ON NORTH STATE STREET EXTENDED, OWNED BY CHRISTINA MEYER, FROM R-20 TO C-4 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 C-4 on that property described below.

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 Ordinance and Zoning Map of the City of Dover shall be amended to change the zoning designation of the property located on North State Street Extended from R-20 to C-4, owned by Christina Meyer, and containing approximately 3 acres.

ADOPTED MAY 22, 1972

ABANDONMENT OF PORTION OF EAST LOOCKERMAN STREET

A request to rezone a portion of the John Hunn Brown property has been discussed by Council and the Planning Commission and a public hearing was held before Council concerning this request. It has been tabled pending a report from the State Highway Department on the traffic flow and alignment into this area. On motion of Mr. Walls, seconded by Mr. Harris, Council removed the request of rezoning the Brown property from the table. The general feeling of Council is that a rezoning should not take place until such time as the traffic alignment and traffic pattern for the shopping center proposed for this area can be defined. This cannot be done as recommended until such time as the portion of Loockerman Street is closed as requested by the Planning Commission and the Highway Department. On motion of Mr. Harris, seconded by Mr. Holmes, the rezoning request of John Hunn Brown was once again laid on the table. On motion of Mr. Harris, seconded by Mr. Walls, Council by unanimous roll call vote adopted the following resolution.

A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A PORTION OF EAST LOOCKERMAN STREET IN THE CITY OF DOVER

1. The Council of the City of Dover is considering the vacating and abandonment of a portion of East Loockerman Street at 50' width of right-of-way and beginning at the intersection of the right-of-way with Edgehill Avenue South and extending in a westerly direction to the easterly right-of-way of an alley adjoining the easterly property line of the Edgehill Shopping Center.

2. The Council of the City of Dover will sit on Monday, June 12, 972 at 8:00 P.M. at the City Hall 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 more places in the City of Dover and to publish the same in a newspaper published in the said City.

ADOPTED MAY 22, 1972

ST. JONES RIVER PARK AREA

On motion of Mr. Harris, seconded by Mr. Hayes, Council directed the Parks Committee to renew all efforts with the State of Delaware for the development of the St. Jones River Recreational Area. This project has been discussed by both the City and the State in the past, and an effort will be made by the City to resurrect the project.

COUNCIL ADJOURNED AT 8:50 P.M.

                                                                        Jay R. Dougherty

                                                                        City Clerk

All orders, ordinances and resolutions adopted by City Council at its meeting of May 22, 1972 are hereby approved.

                                                                        Crawford J. Carroll

                                                                        Mayor

MAY 24, 1972