Regular City Council Meeting
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Jul 8, 1963 at 1:00 AM

REGULAR MEETING

July 8, 1963

The Regular Meeting of City Council was held Monday, July 8, 1963 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Harris, Hayes, Hill, Holpp, Hughes, Smith and Walls.

MINUTES

Minutes of the meeting of June 24, 1963 were accepted and bore the written approval of Mayor Carroll.

REPORTS

Report of the Chief of Police was accepted as read.

Report of the Alderman Cavanaugh was accepted as read. $1495.70, $117.00 and $165.00 were remitted to the City. Report of Magistrate Knotts was accepted as read. A check in the amount of $1489.60 was remitted to the City.

Report of the Board of Health was accepted as read.

Report of Cash Receipts, General Fund, was accepted as read.

Cash Report, Electric Revenue Fund, was accepted as read.

Cash Report, Electric Improvement Fund, was accepted as read.

Report of the City Manager was accepted as read.

UTILITY COMMITTEE

Councilman Holpp submitted a report of Council of a meeting of the Utility Committee held July 1. On motion of Mr. Hill, seconded by Mr. Hayes, the report was accepted.

On motion of Mr. Holpp, seconded by Mr. Hayes, the City Manager was authorized to contact engineering firms to determine their fees as possible replacements for W.G. Gilman Associates, Engineering Consultants under the Electric Revenue Bond Resolution.

REFERENDUM CERTIFICATES

The Kent County election officials who conducted the referendum election July 6, 1963 on the question of annexation of the Shindler & Fields tract to the City of Dover certified the results of the election to be 310 votes for inclusion within the City; and 2 votes Against. On motion of Mr. Hill, seconded by Mr. Smith, the certification was accepted.

The Kent County election officials who conducted the referendum election July 6, 1963 on the question of annexation of the area between U.S. Route #13 and Silver Lake to the City of Dover certified the results of the election to be 62 votes for inclusion within the City; and 2190 votes against inclusion. On motion of Mr. Hill, seconded by Mr. Smith, the certification was accepted.

ANNEXATION RESOLUTION

On motion of Mr. Hayes, seconded by Mr. Holpp, Council by unanimous vote adopted the following resolution of annexation:

RESOLUTION APPROVING THE INCLUSION OF AN AREA 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 deem it in the best interest of the City of Dover to include an area as hereinafter more particularly described within the limits of the City of Dover, and

WHEREAS, an election as above mentioned was held on the 6th day of July, A.D., 1963, for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and

WHEREAS, there were 310 votes cast for the inclusion within the City of Dover of the hereinafter described lands and 2 votes against the inclusion within the City of Dover of the hereinafter described lands, 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 proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing the said territory and including the same within the limits of the City of Dover.

NOW, THEREFORE, BE IT RESOLVED:

1. That the following described area shall be annexed to and included within the limits of the City of Dover:

ALL those certain lots, pieces or parcels of land, lying and being situate adjoining the City of Dover, East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows, to-wit:

BEGINNING at a stone in the easterly right of way line of U.S. #13 being a corner for the lands of the Caravan Motel and lands of J.G. Smith, thence with the said right of way line in a northerly direction to the northerly property line of Shindler and Field, thence in an easterly direction with lands of Shindler and Field, Gordy Enterprises and T.D. Gruwell to the easterly property line of lands of Gordy Enterprises, thence with said easterly property line of lands of Gordy Enterprises in a southerly direction to a corner for these lands and lands of J.E. Vaughn, thence with said Vaughn lands and lands of J.G. Smith and the southerly boundary of lands of Gordy Enterprises and lands of the Caravan Motel home to the place of beginning, be the contents what they may.

2. That a certified copy of this Resolution of Annexation together with a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County.

3. That the above described area so annexed and included within the limits of the City of Dover shall for all purposes beginning with the effective date of this resolution be a part of the City of Dover.

4. The effective date of this Resolution shall be the 9th day of July, 1963, at 12:01 A.M. o’clock.

Adopted July 8, 1963.

LAMIA

On motion of Mr. Hughes, seconded by Mr. Hill, Council approved holding a special meeting on Monday, July 15, 1963 at 8:30 P.M. for the purpose of hearing a report from local citizens who recently visited Dover’s sister city, Lamia, Greece. The public is invited. The Clerk was directed to inform the citizens group of the time and place of the meeting.

ZONING AMENDMENT

Lands of J.G. Smith and other located at the northeast corner of U.S. Route #13 and the Whiteoak Road which were recently annexed to the City are now zoned as R-20, Residential. James G. Smith requested that lands fronting on U.S. #13 be rezoned C-4, Highway Commerce Zone, and the balance as R-8, residential. A public hearing is required prior to changing the zoning map.

On motion of Mr. Hill, seconded by Mr. Walls, Council by unanimous vote adopted the following resolution:

RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON 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 lands located at the northeast corner of U.S. Route #13 and the White Oak Road in the City of Dover are zoned pursuant to the Zoning Ordinance of the City of Dover as R-20, and

WHEREAS, a request was submitted to the Mayor and Council to change the designated zone from R-20 to C-4 and R-8, and

WHEREAS, it is deemed in the best interests of proper zoning and planning that all lands int eh above described area be rezoned

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

1. That the Zoning Ordinance and the Zoning Map be amended as hereinafter set forth and that a public hearing on the proposed amendment be held on the 12th day of August, 1963 at City Hall at 8:10 P.M., and that notice thereof be given in accordance with the provisions of the Delaware Code and the Zoning Ordinance of the City of Dover.

2. That the lands between the White Oak Road and the northern boundary of lands of J.G. Smith be rezoned from R-20 to C-4, to a depth of approximately 1200 feet to the east of U.S. Route #13; and that the balance of the lands of J.G. Smith now zoned R-20 shall be rezoned R-8.

Adopted July 8, 1963.

ZONING GORDY

Council considered the zoning of lands of Shindler and Fields which have just been annexed to the City fronting on and east of U.S. Route #13 and north of lands of J.G. Smith. C-4 zoning has been requested for the highway frontage to a depth of 600 feet, and RG-1 and R-8 have been requested on the on the balance of the tract on which Gordy Enterprises proposes to erect a housing development. A public hearing is required prior to rezoning.

On motion of Mr. Walls, seconded by Mr. Smith, Council by unanimous vote adopted the following resolution:

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

WHEREAS, certain lands fronting on and to the east of U.S. Route #13, now and formerly owned by Shindler and Fields and others in the City of Dover are zoned pursuant to the Zoning Ordinance of the City of Dover as R-20, and

WHEREAS, a request was submitted to the Mayor and Council to change the designed zone from R-20, to C-4, RG-1 and R-8, and

WHEREAS, it is deemed in the best interest of proper zoning and planning that all lands in the above described area be rezoned.

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

1. That the Zoning Ordinance and the Zoning Map be amended as hereinafter set forth and that a public hearing on the proposed amendment be held on the 12th day of August, 1963 at City Hall at 8:20 P.M., and that notice thereof be given in accordance with the provisions of the Delaware Code and the Zoning Ordinance of the City of Dover.

2. That the lands between the southern boundary of lands of Cheritre Motel Company and the northern boundary of lands of Shindler and Field, fronting on U.S. Route #13, be rezoned from R-20 to C-4, to a depth of 600 feet; That the lands, now or formerly of Shindler and Field, bounded on the west by lands of Cheritre Motel Company and St. Andrews Evangelical Lutheran Church for a distance of 470 feet, on the south by lands of J.G. Smith, and running eastward a distance of approximately 570 feet, and containing approximately six acres, be rezoned from R-20 to RG-1; that all other lands, now or formerly of Shindler and Field, containing approximately 259 acres, running eastward from the proposed C-4 and RG-1 zones to lands of Roland Garrison, be rezoned from R-20 to R-8.

Adopted July 8, 1963.

GIBBS ANNEXATION

City Engineer Jospeh presented a proposal to Council to provide for annexation of lands of Roland Trader, Kendall Gibbs and Harold Haines, to the east of present City limits. The annexation would make possible an extension of Nimitz Road through which sewer could be constructed and enable areas to be served by one sewage pumping station where three stations might otherwise be required. Gibbs has agreed to annexation and Trader has no objection. Mr. Haines had not yet been contacted. On motion of Mr. Hughes, seconded by Mr. Hayes, Council directed that a referendum on annexation of the area by held on August 10, 1963 which would include the Haines land only if he gives prior approval.

Council adjourned at 9:30 P.M.

                                                                        City Clerk

All ordinances, orders and resolutions adopted by City Council in their meeting of July 8, 1963 are hereby approved.

Crawford J. Carroll

                                                                        Mayor

July 11, 1963