REGULAR MEETING
March 27, 1972
The regular meeting of City Council was held on Monday, March 27, 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 City Council meeting of March 13, 1972 were accepted and bore the written approval of Mayor Carroll.
J.P. COURT #7 REPORT
A report of the J.P. Court #7 for the month of February was accepted by Council, accompanied by a check in the amount of $7,562.77. Deferred payments due the City of Dover as the report as presented.
DOVER LITTLE LEAGUE
A request was received from the Dover Little League asking the City to furnish poles, crossarms, and underground service to two of the new fields being constructed on Horsepond Road. The estimated cost of this work by the City of Dover would be approximately $5,100. The Utility Committee has recommended that the City provide this service for the Little League. On motion of Mr. Walls, seconded by Mr. Muir, Council approved the recommendation of the Utility Committee as outlined above.
HENRY HELLER REQUEST FOR ANNEXATION
Henry Heller has requested annexation of land he owns adjacent to the land that was recently annexed into the City, also owned by Mr. Henry Heller. The Utility Committee has recommended that a referendum be set to annex the lands of Henry Heller and any other lands that have been previously requested also lying on the south side of the Hartly Road. On motion of Mr. Holpp, seconded by Mr. Biggs, Council was requested to set a referendum for these properties on April 27, 1972. A roll call vote of 3 ‘yes’, Messrs Biggs, Harris and Holpp and 5 ‘no’, Messrs Hayes, Holmes, Legates, Muir and Walls resulted thereby defeating the motion to hold the abovementioned referendum.
HIGHSCHOOL BASKETBALL RESOLUTION
On motion of Mr. Holmes, seconded by Mr. Hayes, Council by unanimous vote adopted the following resolution honoring the 1971-1972 Dover High School Basketball Team.
WHEREAS, the Dover High School basketball team has completed a most successful season by finishing the regular season as the winners of the Henlopen Conference; and
WHEREAS, the Dover Senators played well and represented the City of Dover in the Annual Delaware State Scholastic Basketball Tournament, finishing in second place; and
WHEREAS, the Dover Senators have not only displayed a high degree of competitiveness and sportsmanship during the basketball season but have shown results of the excellent coaching of Coach Dennis O’Brien.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council wish to extend their congratulations and appreciation to Coach O’Brien and all the players and members of the Dover High School Basketball Team.
2. That this Resolution shall be made a part of the permanent records of the City of Dover in commemoration to the 1971-1972 Dover High School Basketball Team and Coach Dennis O’Brien.
ADOPTED MARCH 27, 1972
EUGENE GAGEN REQUEST
A request was received from Eugene Gagen to annex his farm of approximately 200 acres lying on the north side of the Dover-Hazletville Road within the limits of the City of Dover. On motion of Mr. Hayes, seconded by Mr. Muir, Council referred this request to the Utility Committee and the Planning Commission for their study and recommendation.
A.S. BIGGS & SONS, INC. REZONING
A request was received from A. S. Biggs & Sons, Inc. to rezone land they own located on the west side of Saulsbury Road. A public hearing if required prior to amending the Zoning Map. On motion of Mr. Hayes, seconded by Mr. Holmes, 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 on Saulsbury Road is presently zoned for R-20 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 will be held in City Hall on April 24, 1972 at 8:00 P.M. on a proposed amendment to the Zoning Ordinance and Zoning Map that would rezone from R-20 to C-3 that land located on the west side of Saulsbury Road, owned by Alfred S. Biggs & Sons, Inc., 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 MARCH 13, 1972
HARRIS-HANBY REALTORS
A letter was received from Harris - Hanby Realtors inquiring about the possibility of connecting to the City of Dover sewer and water services for an area south of the White Oak Road and east of Acorn Lane. They were at this time trying to ascertain when these services would be available being they hope to start construction on approximately May 1, 1972 on a 180 acre tract of land, in this area. On motion of Mr. Hayes, seconded by Mr. Muir, Council referred this request to the Utility Committee for their study and recommendation.
CAPITAL BROADCASTING REZONING
A public hearing was duly advertised for this time and place to consider to rezoning of property located on Saulsbury Road owned by the Capital Broadcasting Company. Mayor Carroll declared the hearing opened. Mr. C. F. Donahue, representing the equitable owner, Speakman Company, was present and spoke on behalf of the request. No one else was present to speak for or against the request. The Planning Commission has recommended approval as submitted. Mayor Carroll declared the hearing closed. On motion of Mr. Muir, 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 PROPERTY LOCATED ON SAULSBURY ROAD, OWNED BY THE CAPITAL BROADCASTING COMPANY, FROM R-20 TO C-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 from R-20 to C-3 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 by changing the zoning designation of the property located on the west side of Saulsbury Road from R-20 to C-3, this property being owned by Capital Broadcasting Company and containing approximately 2.6 acres.
ADOPTED MARCH 13, 1972
JOHN HUNN BROWN REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of the property located on the south side of East Loockerman Street owned by John Hunn Brown. Mayor Carroll declared the hearing opened. Mr. Henry Ridgely, representing the owner, addressed Council and spoke on behalf of the rezoning and what they hope to accomplish by the rezoning. He then introduced Mr. Karl Badowski, representing S. S. Kressge Company, who hopes to build a department store complex in this area. They desire to have this 1.66 acres of land rezoned to C-4 to conform to the larger portion of Mr. Brown’s land presently zoned C-4, thereby permitting an accessible ingress and egress route onto East Loockerman Street. Mr. Robert Tudor, Mr. William Hamilton, Mr. Raymond Richter, Mrs. James Bailey, Mr. Harold Carey, Mrs. Joseph Mackey, and other residents of the area were also present and all spoke to the Council on their objection to rezoning this land and allowing and access point onto East Loockerman Street. They also presented a petition so stating their objections. The Planning Commission has requested that action be deferred on this request until further studies can be made. Mayor Carroll declared the hearing closed. On motion of Mr. Walls, seconded by Mr. Harris, Council by unanimous roll call vote deferred action on this rezoning request and referred this to the Safety Advisory Committee for their study and recommendation.
CHICKEN FESTIVAL PARADE
The Chicken Festival Parade Committee has inquired of the City of Dover as to whether they area going to participate in the 25th Annual Chicken Festival parade to be held in Dover on April 29, 1972. On motion of Mr. Holpp, seconded by Mr. Muir, Council requested the City Manager’s Office to ascertain approximate cost in construction of a float to be put in the parade and ideas for a theme of the float. Mr. James will report back to Council at its next meeting.
NATIONAL FIRE PROTECTION ASSN.
The National Fire Protection Assn. Annual Conference will be held in Philadelphia, Pa. from May 15, 1972 through May 19, 1972. On motion of Mr. Legates, seconded by Mr. Muir, Council requested that Mr. Roe, Fire Marshal, or a representative of his department attend this conference on behalf of the City of Dover.
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 March 27, 1972 are hereby approved.
Crawford J. Carroll
Mayor
March 28, 1972