REGULAR MEETING
June 26, 1972
The regular meeting of City Council was held on Monday, June 26, 1972 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Harris, Hayes, Holmes, Holpp, Legates, Muir and Walls. Councilman Holpp was absent.
MINUTES
The minutes of the regular Council meeting of June 12, 1972 were accepted and bore the written approval of Mayor Carroll.
DENNIS J. HURLEY
On motion of Mr. Biggs, seconded by Mr. Walls, Council by unanimous vote adopted the following resolution.
A RESOLUTION EXPRESSING REGRET OF THE MAYOR AND COUNCIL OF THE CITY OF DOVER AT THE DEATH OF DENNIS J. HURLEY, CITY EMPLOYEE
WHEREAS, Dennis J. Hurley was employed by the City of Dover since September, 1965; and
WHEREAS, Dennis J. Hurley was fatally injured during the Tropical Storm Agnes that struck the City of Dover on June 22, 1972; and
WHEREAS, Dennis J. Hurley was faithfully performing his duties with the City of Dover Street Department when fatally injured.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council of the City of Dover have experienced grief and regret at the death of Dennis J. Hurley; and
2. That the Mayor and Council of the City of Dover express their sorrow at the death of Dennis J. Hurley and extend their sincere sympathy to his family; and
3. That the Mayor and Council of the City of Dover direct the Clerk of Council to make this resolution a part of the permanent records of the City of Dover in memory of Dennis J. Hurley.
ADOPTED JUNE 26, 1972
J. P. COURT #7
The monthly report of the J. P. Court #7 was accepted by Council for the month of May attached to a check in the amount of $9,116.11. The deferred payments due the City of Dover as of May 31, 1972 amounted to $22,267.39.
LEGISLATIVE & FINANCE COMMITTEE REPORT
A written report of the Legislative & Finance Committee meeting held on June 20, 1972 was presented by Chairman Hayes. On motion of Mr. Walls, seconded by Mr. Harris, Council accepted the report as presented.
JEFFERIC ENTERPRISES REQUEST - FARM LAND
The Legislative & Finance Committee has reviewed the request of Jefferic Enterprises claiming exemption from taxation of a portion of the Gruwell Farm and the Smith Farm, stating that this land is being farmed. The City Solicitor so states that if this land is being farmed is should be exempt. The Committee recommends that the opinion of the City Solicitor be followed. On motion of Mr. Muir, seconded by Mr. Harris, Council directed that the abovementioned land of Jefferic Enterprises be exempt from taxation for the tax year of 1972, being classified under the farm-land classification.
V. BLADES DERRICKSON ESTATE - TAX APPEAL
The Legislative & Finance Committee has reviewed the request of the V. Blades Derrickson Estate for a tax reduction on the property housing the Howard Johnson Restaurant on Dupont Highway. They stated that they were unable to appear during the appeal hearings and were requesting consideration at this time. The Committee has recommended be denied. On motion of Mr. Harris, seconded by Mr. Walls, Council denied the request of the V. Blades Derrickson Estate, and further requested that they be advised that they may file their appeal during the next appeal hearings in 1973.
DOVER MODERN MATURITY CENTER
The Legislative & Finance Committee reviewed the request of the Dover Modern Maturity Center to become a tax exempt property within the City of Dover. The taxes for the year of 1972 have recently been billed and are unpaid as well as the taxes for the year 1970 and 1971, in addition to penalty for these two years. On motion of Mr. Harris, seconded by Mr. Muir, Council approved the recommendation of the Legislative & Finance Committee waiving the taxes of the Dover Modern Maturity Center for the year 1972, requesting that the pay the taxes for the years 1970 and 1971 minus the penalty, and that tax exempt status would remain with the Dover Modern Maturity Center as long as it qualifies as an exempt organization. The Council further directed that a donation of $250 be sent to the Dover Modern Maturity Center.
PROJECT 53 AND PROJECT 53A
Bids were received on Projects 53 and 53A on this date. This is for Street, Sewer and Water programs, plus the Hot Mix Requirements for the year 1972. The low bidder on project 53 was Teal Construction Company at a bid price of $75,420. On motion of Mr. Hayes, seconded by Mr. Holmes, Council directed that the contract on Project 53 be awarded to the low bidder, Teal Construction Company, at the bid price of $75,420.
The low bidder on project 53A was Warren Brothers at the bid price of $46,850. On motion of Mr. Hayes, seconded by Mr. Holmes, Council awarded the contract on Project 53A to the low bidder, Warren Brothers at the bid price of $46,850.
STORM RESOLUTION
On motion of Mr. Holmes, seconded by Mr. Biggs, Council by unanimous vote adopted the following resolution.
WHEREAS, the storm which occurred in the City of Dover on June 2, 1972, jeopardized the lives and health of the residents of the City of Dover; and
WHEREAS, said storm caused extensive damage to trees and utility lines in the City; and
WHEREAS, many of the City employees worked long hours and diligently to save property, utility lines and protect the health and safety of the residents of the City of Dover. In particular the Robbins Hose Company, the Department of Public Works, the City Electric Department and the Police Department should be commended for their outstanding work as well as other City employees;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That the Mayor and Council of the City of Dover express their sincere appreciation to all of the Robbins Hose Company, the City Electric Department, the Department of Public Works, and the Police Department; and
He further resolved that this Resolution shall be made a part of the public records of the City of Dover.
ADOPTED JUNE 26, 1972
TEMPORARY OFFICE - DELAWARE STATE COLLEGE
As requested by Council, Mr. Roe, Building Inspector, met with the representatives of Delaware State College concerning the installation of temporary office facilities to be used in an extension program that is to be started there at Delaware State College. These mobile homes will be used as offices only, not classrooms. Mr. Roe has recommended to Council that permission be granted for a two-year (2) period as requested. On motion of Mr. Hayes, seconded by Mr. Biggs, Council approved the recommendation of the Building Inspector.
DREXEL FIRESTONE RESOLUTION
On motion of Mr. Hayes, seconded by Mr. Walls, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’ Mr. Holpp, adopted the following resolution.
RESOLUTION SELECTING DREXEL FIRESTONE, INCORPORATED AS INVESTMENT BANKERS
WHEREAS, the City of Dover, Delaware, is engaged in the construction of 100MW electric plant in order to meet the increased demand for electric service and
WHEREAS, Drexel Firestone, Incorporated designed the financial programs involving three issues of revenue bonds to finance this construction; and
WHEREAS, in preparation for the second issue of bonds considerable legal, engineering and financial planning must be coordinated long before the issue is actually brought to the market; now, therefore,
BE IT RESOLVED that Drexel Firestone, Incorporated be hereby selected as investment bankers to review the original financing plan and to recommend such changes as may be beneficial to the City of Dover in light of now current circumstances and at the appropriate time the Council consider and approve or reject a proposal to be submitted by Drexel Firestone, Incorporated to purchase such electric revenue bonds.
ADOPTED JUNE 26, 1972
ZONING ORDINANCE CHANGE
A recommendation has been received to change the Zoning Ordinance of the City of Dover concerning the zoning classification for funeral homes. A public hearing is required prior to amending the Zoning Ordinance. On motion of Mr. Walls, seconded by Mr. Muir, 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, The City of Dover adopted a Zoning Ordinance on November 27, 1961; and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning 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 on July 24, 1972 at 8:00 P.M. on a proposed amendment to the Zoning Ordinance of the City of Dover that would amend the ordinance by deleting “funeral homes” from C-3 classifications and place them under the approval of the Planning Commission the same as churches, schools, hospitals, etc.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JUNE 26, 1972
SHADE REZONING
A request was received from Mr. John Shade to rezone property located at 29 S. State Street. A public hearing is required prior to amending the Zoning Ordinance and Zoning Map. On motion of Mr. Legates, seconded by Mr. Walls, 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 at 29 S. State Street is presently zoned for RG0 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Ordinance and Map.
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 on July 24, 1972 at 8:05 P.M. on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would amend from RG0 to RG-2 that property located at 29 South State Street, owned by John and Nancy Shade and containing approximately 28,500 square feet.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JUNE 26, 1972
HURLEY REZONING
A request has been received to rezone property located 314, 318, and 324 DuPont Street. A public hearing is required prior to amending the Zoning Ordinance and 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 at 314, 318 and 324 DuPont Street is presently zoned for RG-1 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Ordinance and Map.
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 on July 24, 1972 at 8:10 P.M. on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezoned from RG-1 to RG-4 that property located at 314, 318 and 324 DuPont Street, owned by William H. Hurley III and Frank Patterson, Trust, and containing approximately 25,000 square feet.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JUNE 26, 1972
SCOTTON REZONING
A request has been received to rezone land located on south side of Lafferty’s Lane owned by Estill Warner, equitable owner being Paul Scotton. A public hearing is required prior to amending the Zoning Ordinance and Zoning 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 ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on the south side of Lafferty’s Lane is presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Ordinance and Map.
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 on July 24, 1972 at 8:15 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 M that property located on the south side of Lafferty’s Lane, owned by Estill Warner and Emory B. Warner Estate, equitable owner being Paul Scotton, and containing approximately 232 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JUNE 26, 1972
NORTHWEST DOVER REZONING
A recommendation from the Planning Commission has been brought before Council to rezone the recently annexed area north of College Road between Saulsbury Road and Kenton Road. A public hearing is required prior to amending the Zoning Ordinance and Map. On motion of Mr. Legates, seconded by Mr. Walls, Council by unanimous vote 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 property located north of College Road and between Kenton Road and Saulsbury Road are presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Ordinance and Map.
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 on July 24, 1972 at 8:20 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 RC, C-3 to R-8, on the properties located north of College Road between Saulsbury Road and Kenton Road, a map of which is on file in the office of the Clerk of Council.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JUNE 26, 1972
THOMAS COLLINS BUILDING REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of the land on which is located the Thomas Collins Building on U.S. Route 13. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission instituted the request. Mayor Carroll declared the hearing closed. On motion of Mr. Holmes, seconded by Mr. Biggs, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’ Mr. Holpp, 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 U.S. ROUTE 13, BETWEEN RIVER ROAD AND WATER STREET FROM C-4 TO I0 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 C-4 to I0 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 from C-4 to I0 on the property located between River Road and Water Street, on U.S. Route 13, owned by the State of Delaware, the present site of the Thomas Collins Building.
ADOPTED JUNE 26, 1972
VOSHELL REZONING
On motion of Mr. Hayes, seconded by Mr. Walls, the request of Mr. Emil Voshell for rezoning was removed from the table. The Planning Commission has recommended that only lots 38 & 39 fronting on Spruance Road be rezoned to C-3. On motion of Mr. Hayes, seconded by Mr. Holmes, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Holpp, 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 SPRUANCE ROAD, LOTS 38 & 39, FROM R-7 TO C-3 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 C-3 on that property described below.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after that 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 C-3 on the property located in Dover Heights, on Spruance Road, lots 38 & 39, owned by Emil Voshell and containing approximately 31,900 square feet.
ADOPTED JUNE 26, 1972
FRED ERDLE REZONING
On motion of Mr. Walls, seconded by Mr. Hayes, Council removed from the table the request of Mr. Fred Erdle for rezoning of land he owns located on South Little Creek Road. The Planning Commission has recommended that only the portion on the southeastcorner of the property be rezoned from R-20 to C-1A. On motion of Mr. Holmes, seconded by Mr. Walls, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Holpp, 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 SOUTH LITTLE CREEK ROAD FROM R-20 TO 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 C-1A that property described below.
NOW, THEREFORE, BE IT RESOLVED 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 from R-20 to C-1A on the property located on the northside of the South Little Creek Road, owned by Fred Erdle and containing approximately 28,250 square feet.
ADOPTED JUNE 26, 1972
STREET NAME CHANGES
A request had been forwarded to the Planning Commission from the State of Delaware to rename the streets of “C”, “D”, and “E”. The Planning Commission has recommended that “C” Street be changed to Liberty Street; “D” Street be changed to William Penn Street; and “E” Street be changed to Duke of York Street. On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous vote approved the recommendation of the Planning Commission and the streets names were changed as outlined above.
ALBRIGHT & FRIEL SERVICE AREA REPORT
Mr. Robert Neason and Mr. Robert Swavely of Albright & Friel Inc. were present and addressed Council on the recent report they compiled concerning the projected cost of providing services to an area outside the City limits that is not now serviced by the City of Dover. In ascertaining these costs, Albright & Friel took into consideration the City of Dover servicing the area designated some time ago as the ultimate limits of the City of Dover. There were a few questions by Council mainly about minimum charge that would be necessary for both sewer and water services and the cost of operation of these services outside of the City limits. Mr. Neason stated that these answered would be obtained and they would return to Council at a later date to discuss them further.
VICTORIAN SOCIETY IN AMERICA
A letter was received from the Victorian Society of America asking the Council to reconsider the prospects of destroying the present City Hall building. On motion of Mr. Legates, seconded by Mr. Muir, Council acknowledged receipt of the letter.
CHURCH OF DELIVERANCE TENT REVIVAL
A request has been received from the Church of Deliverance to conduct a tent revival on the corner of Fulton and Kirkwood Streets from July 3, 1972 to July 14, 1972. On motion of Mr. Harris, seconded by Mr. Hayes, Council approved the request with the approval of the Building Inspector.
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 June 26, 1972 are hereby approved.
Crawford J. Carroll
Mayor
JUNE 28, 1972