REGULAR MEETING
February 25, 1974
The Regular Meeting of City Council was held on Monday, February 25, 1974 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Cullen, Harris, Holpp, Legates, Muir and Walls.
The invocation was said by the Reverend J. H. Williams, Council Chaplain.
FOURTH DISTRICT RESIGNATION
Mr. William A. Hayes, Councilman for the Fourth District, submitted to the Mayor and Council his resignation as Councilman effective February 12, 1974, at 12 noon. Council accepted his resignation with regrets and wished Mr. Hayes well in his new endeavor as City Assessor.
WILLIAM A. HAYES RESOLUTION
Mr. Hayes was awarded a plaque of the City bearing the dates of his service as Councilman and a copy of the official resolution with the City seal. Council adopted the following resolution.
WHEREAS, William A. Hayes resigned as a member of Dover City Council effective February 11, 1974, and
WHEREAS, William A. Hayes was first elected to Council and took office on February 13, 1956, and thereafter he served as a member of City Council for a period of eighteen years until his resignation as aforesaid,
WHEREAS, during eleven of his eighteen years as a Councilman of the City of Dover, he also held the office of Vice Mayor, and
WHEREAS, during his tenure as a Councilman he served as Chairman of the Legislative Finance Wage and Hours Committee, Chairman of the Committee of Committees; Chairman of the Assessment Appeals Committee; Member of the Building Code Committee; and member of the Tree Committee, and
WHEREAS, in his eighteen years as a Councilman of the City of Dover, he did not miss a regular meeting of Council.
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 express their regret concerning the resignation of William A. Hayes as a Councilman of the City of Dover.
2. That the Mayor and Council of the City of Dover wish to express their extreme appreciation to William A. Hayes for rendering eighteen years of dedicated and faithful service to the residents of the City of Dover as their Councilman and in the position of Vice Mayor.
3. That the Mayor and Council of the City of Dover hereby extend their congratulations to William A. Hayes concerning his appointment as City Assessor of the City of Dover and wish him well in this Office knowing that he will serve in this office faithfully and proficiently as he served as Councilman during the past eighteen years.
4. That the Mayor and Council of the City of Dover direct the Clerk of the City of Dover to make this Resolution a part of the permanent records of the City in honor of William A. Hayes.
ADOPTED FEBRUARY 25, 1974
HERITAGE TRAIL INC.
It is the recommendation of the Parks, Playgrounds and Trees Committee that the City allocated $500 to the Heritage Trail, Inc. On motion of Mr. Holpp, seconded by Mr. Biggs, Council by unanimous roll call vote approved the recommendation of the Committee and allocated $500 to the Dover Heritage Trail, Inc.
PARKS, PLAYGROUNDS AND TREES COMMITTEE
A written report of the Parks, Playgrounds and Trees Committee held on February 20, 1974, was presented by Chairman Walls. On motion of Mr. Holpp, seconded by Mr. Legates, Council accepted the report as presented.
PLANNING COMMISSION APPOINTMENTS
Mayor Carroll has recommended that D. Julian Massey, John T. McKenna and Courtney P. Houston be reappointed for another three (3) year term to expire 2/25/77. Mr. Frederick W. Brittan was reappointed with his term to expire as of 2/25/76. On motion of Mr. Muir, seconded by Mr. Legates, Council confirmed the appointment of the Planning Commission members.
DOVER DOWNS REQUEST
Mr. John Riddle, representing Dover Downs, addressed Council at this time with a request that the Downs be allowed to have a re-fueling station for their patrons. This gas station would only be used by the patrons of Dover Downs for return trips. On motion of Mr. Holpp, seconded by Mr. Muir, Council approved a temporary refueling station at Dover Downs on the condition that it meet all Fire Code standards and City of Dover qualifications except for a permanent structure. This temporary permit is to expire March 30, 1974.
LEGISLATIVE AND FINANCE COMMITTEE APPOINTMENT
It is the recommendation of Mayor Carroll that Mr. Muir be appointed to serve on the Legislative and Finance Committee. On motion of Mr. Walls, seconded by Mr. Holpp, Council approved the appointment of Mr. Muir to the Legislative and Finance Committee.
POLICE APPEALS
Police appeals were scheduled for this time but at the request of the attorney representing the policemen they have been postponed until March 11, 1974.
POLICE PISTOL CLUB
A report was presented to Council by the Team Captain of the Dover Police Pistol Club with the results of how the team participated in the New Jersey State Indoor Police Combat Championship on February 16, 1974. The team had a total awards of four (4) first place, three (3) second place and six (6) third place. Council directed that the Chief of Police express the approval of the Mayor and Council and the department to the participating team.
ROGERS REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on US Route 113, Bay Road, owned by Lester C. Rogers. Mayor Carroll declared the hearing open. No one was present to speak for or against the rezoning. The Planning Commission has recommended approval of this rezoning request. Mayor Carroll declared the hearing closed. On motion of Mr. Legates, seconded by Mr. Biggs, Council by unanimous roll call vote approved the rezoning and 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 LAND LOCATED ON U.S. ROUTE 113, BAY ROAD, FROM R-20 TO C-4.
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 the zoning and planning to change the permitted use of the property described below from R-20 to C-4 use.
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 Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-20 to C-4 on that property located on US Route 113, Bay Road, owned by Lester C. Rogers.
ADOPTED FEBRUARY 25, 1974
CAMPBELL REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on US Route 113, Bay Road, owned by Harold R. Campbell. Mayor Carroll declared the hearing open. No one was present to speak for or against the rezoning. The Planning Commission has recommended approval of this rezoning request. Mayor Carroll declared the hearing closed. On motion of Mr. Walls, seconded by Mr. Muir, Council by unanimous roll call vote approved the rezoning and 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 LAND LOCATED ON US ROUTE 113, BAY ROAD, FROM R-20 TO C-4.
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 of the property described below from R-20 to C-4 use.
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 Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-20 to C-4 on that property located on US Route 113, Bay Road, owned by Harold R. Campbell.
ADOPTED FEBRUARY 25, 1974
KEITH REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on Walker Road, owned by Ernest V. Keith, equitable owner being Ellinore Wahba. Mayor Carroll declared the hearing open. No one was present to speak for or against the rezoning. The Planning Commission has recommended approval of the rezoning request. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Walls, Council by unanimous roll call vote approved the rezoning and 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 LAND LOCATED ON WALKER ROAD FROM RG-1 TO RG-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 of the property described below from RG-1 to RG-3 use.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after and passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RG-1 to RG-3 on that property located on Walker Road, owned by Ernest V. Keith, equitable owner being Ellinore Wahba.
ADOPTED FEBRUARY 25, 1974
JACKSON REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located at 15 North Governors Avenue, owned by Mrs. Isabel Jackson, equitable owner being James J. Kolbinskie. Mayor Carroll declared the hearing open. No one was present to speak for or against the rezoning. The Planning Commission has recommended denial of the rezoning request. Mayor Carroll declared the hearing closed. On motion of Mr. Muir, seconded by Mr. Legates, Council by a roll call vote of three (3) yes and four (4) no, Messrs. Harris, Walls, Muir and Cullen, denied the rezoning of Mrs. Isabel Jackson from RG-1 to C-1A.
TOMLINSON REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on Walker Road, owned by Townsend Tomlinson, equitable owner being Ellinore Wahba. Mayor Carroll declared the hearing open. No one else was present to speak for or against the rezoning. The Planning Commission has recommended approval of the rezoning request. Mayor Carroll declared the hearing closed. On motion of Mr. Holpp, seconded by Mr. Harris, Council by unanimous roll call vote approved the rezoning request and 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 LAND LOCATED ON WALKER ROAD FROM R-20 TO RG-0 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 of the property described below from R-20 to RG-0 use,
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 Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-20 to RG-0 on that property located on Walker Road, owned by Townsend Tomlinson, equitable owner being Ellinore Wahba.
ADOPTED FEBRUARY 25, 1974
DuPONT REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on Walker Road, owned by Mary DuPont, equitable owner being Ellinore Wahba. Mayor Carroll declared the hearing open. No one was present to speak for or against the rezoning. Planning Commission has recommended approval of the rezoning request. Planning Commission has recommended approval of the rezoning request. Mayor Carroll declared the hearing closed. On motion of Mr. Legates, seconded by Mr. Biggs, Council by unanimous roll call vote approved the rezoning request of Mary DuPont and 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 LAND LOCATED ON WALKER ROAD FROM R-20 TO RG-0 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 of the property described below from R-20 to RG-0 use.
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 Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-20 to RG-0 on that property located on Walker Road, owned by Mary DuPont, equitable owner being Ellinore Wahba.
ADOPTED FEBRUARY 25, 1974
LEAGUE OF WOMEN VOTERS
A letter was received from the League of Women Voters of Greater Dover requesting that the Council give serious consideration to holding a special election to fill the unexpired term of William A. Hayes of the Fourth District. On motion of Mr. Holpp, seconded by Mr. Legates, Council acknowledged receipt of the letter.
DOVER RECLAMATION CENTER
A letter was received from Allen Hedgecock, representing the Dover Reclamation Center, requesting that the City consider using their services for the disposition of the discarded paper materials. On motion of Mr. Legates, seconded by Mr. Harris, Council acknowledged receipt of the letter and directed that the City Manager contact the company and get all the details and report back to the Council at their meeting on March 11, 1974.
KENT COUNTY BOARD OF RELATORS
A letter was received from the Kent County Board of Realtors expressing their approval, in concept and spirit, of the establishment of a Civic Center in the City of Dover. On motion of Mr. Legates, seconded by Mr. Walls, Council acknowledged receipt of the letter.
CONGRESS OF THE U.S.
A letter was received from J. R. Biden, Jr., P. S. DuPont and W. V. Roth, Jr., explaining the newly amended Presidential Election Campaign Fund which became law July 1, 1973. On motion of Mr. Legates, seconded by Mr. Cullen, Council acknowledged receipt of the letter and directed the information be given to the City Manager for distribution to all City employees.
FLUORIDATION
A letter was received from Mr. Rodriguez, City Solicitor, explaining that he had been contacted by Robert Graham, Department of Justice, stating that if the City does not take any action shortly a suit to compel fluoridation would be filed against the City. Council acknowledged receipt of the letter.
KENT COUNTY LEVY COURT
A letter was received from Mr. Joshua M. Twilley, Kent County Levy Court, requesting that the City join with the Levy Court in establishing a Regional Transit Authority for Kent County. On motion of Mr. Harris, seconded by Mr. Holpp, Council acknowledged receipt of the letter.
TRI-STATE UNDERWRITERS
A letter was received from Mr. Peter S. Feliceangeli, representing the Tri-State Underwriter, Inc., requesting that the City review the City’s Electrical Inspection Ordinance. Mr. Feliceangeli was present and addressed Council with several objections to the ordinance and the restrictions it puts on licensed electrical examiners. On motion of Mr. Legates, seconded by Mr. Walls, Council directed that Tri State Underwriters should write a letter to the City Solicitor, Council and City Manager stating their objections to the Electrical Ordinance that will be read before Council and referred to the Utility Committee.
GREYHOUND BUS STATION
A letter was received from Mrs. Janet Kotzar objecting to how the Greyhound Bus Station is maintained. On motion of Mr. Harris, seconded by Mr. Holpp, Council directed that Mrs. Kotzar be notified that the bus station is out of city limits and therefore not under the jurisdiction of the Council and that the complaint be directed to the Transportation Authority.
DELAWARE STATE NEWS
An apology was received from Mr. Richard Mial, Staff Writer for the Delaware State News, for the allegation that William Hayes had applied for the job of City Assessor before the filing deadline and stating that a retraction had been printed in the Delaware State News on February 19, 1974. On motion of Mr. Legates, seconded by Mr. Walls, Council acknowledged receipt of the letter.
CHES-DEL ANNEXATION REQUEST
A request from the Ches-Del Corporation for annexation of their property located on the east side of McKee Road, between Denneys Road (RT 100) and State College Road (RT 99) was received. On motion of Mr. Harris, seconded by Mr. Legates, Council referred the annexation request to the Utility Committee for their study and recommendation.
CARLISLE HOTEL REZONING
A request was received from the Carlisle Hotel, General Partners, to rezone from C-4 to R/C two lots on North DuPont Highway. On motion of Mr. Legates, seconded by Mr. Biggs, Council referred the request for rezoning to the Planning Commission and adopted the following resolution.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on North DuPont Highway is presently zoned for C-4 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
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 March 25, 1974, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from C-4 to R/C that property located on North DuPont Highway, owned by Carlisle Hotel, General Partners, equitable owner being Carlisle Hotel Corporation.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED FEBRUARY 25, 1974
KENNILWORTH ASSOCIATES
A letter was received from Mr. Joel G. Gurney, Executive Vice President of Kennilworth Associates, stating the possible quality department stores that they would attempt to establish on the Rudnick Property. On motion of Mr. Legates, seconded by Mr. Biggs, Council acknowledged receipt of the letter.
RUDNICK REZONING OBJECTIONS
A letter was received from Mr. Julius E. Tudor, Kent County Board of Adjustments, objecting to the rezoning of the Rudnick property for a proposed shopping center. On motion of Mr. Muir, seconded by Mr. Legates, Council acknowledged receipt of the letter.
Mr. Edward R. McNamara, representing a group of concerned area residents, wrote a letter to Council objecting the proposed rezoning change on the Rudnick property. On motion of Mr. Muir, seconded by Mr. Biggs, Council acknowledged receipt of the letter.
A letter was received from Mr. Peter Kaspar, 68 Huntly Circle, stating his objections to the proposed rezoning on the Rudnick property. On motion of Mr. Legates, seconded by Mr. Harris, Council acknowledged receipt of his letter.
Mr. James D. McGinnis, representing residents of the 32nd District, wrote opposing the rezoning of the Rudnick property from R-20 to C-4 for the purpose of constructing a shopping center. On motion of Mr. Holpp, seconded by Mr. Cullen, Council acknowledged receipt of the letter.
A petition was received from residents opposing the rezoning of the Rudnick property from R-20 to C-4. The petition was signed by 602 residents of Kent County and the City of Dover. On motion of Mr. Holpp, seconded by Mr. Muir, Council acknowledged receipt of the petition.
RUDNICK REZONING
On motion of Mr. Legates, seconded by Mr. Harris, Council removed from the table the subject of the Rudnick Rezoning. Mr. Roe, Acting City Planner, presented a study from Kling Planning on the proposed rezoning with their views and recommendations. On motion of Mr. Holpp, seconded by Mr. Muir, Council by a unanimous roll call vote denied the rezoning application of the Rudnick property from R-20 to C-4.
FOURTH DISTRICT COUNCIL SEAT VACANCY
Mr. Holpp, Councilman for the Fourth District, made a motion that Mr. James Hardcastle be appointed to fill the vacancy of Mr. William A. Hayes for his unexpired term. The motion was seconded by Mr. Harris. On motion of Mr. Muir, seconded by Mr. Legates, Council closed the nominations and by a roll call vote of six (6) yes and one (1) abstain, Mr. Biggs, appointed Mr. Hardcastle to the Fourth District Councilman position.
COUNCIL ADJOURNED AT 8:52 P.M.
                                                                        WILLIAM A. HAYES
                                                                        CITY CLERK
All orders, ordinances and resolution adopted by City Council at its meeting of February 25, 1974 are hereby approved.
                                                                        CRAWFORD J. CARROLL
                                                                        MAYOR
MARCH 5, 1974