REGULAR MEETING
January 28, 1974
The Regular Meeting of City Council was held on Monday, January 28, 1974 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 January 14, 1974, were accepted and bore the written approval of Mayor Carroll.
ELECTION RESULTS
The election officials certified to Council the following results of the Municipal Election held on Monday, January 21, 1974.
MAYOR: Crawford J. Carroll 1,882 Votes
Grover W. Johnson 400 Votes
Lawrece J. Taylor 758 Votes
COUNCILMEN:
First District A. Barrett Cullen, Jr. 1,654 Votes
Bernard W. Ettenger 1,114 Votes
Second District Douglas L. Harris 2,089 Votes
Third District Karen Miller 1,139 Votes
James P. Muir 1,550 Votes
Fourth District William A. Hayes 2,146 Votes
CIVIC CENTER: Yes Votes 1,527
No Votes 1,232
A total of 3,069 votes were cast with 39 of these being absentee votes. On motion of Mr. Biggs, seconded by Mr. Harris, Council by unanimous vote accepted the results as presented.
DOVER PARKING AUTHORITY
A request was made by the Dover Parking Authority for the City to consider purchase of the property belonging to Mary Behan located on Loockerman Street in downtown Dover to make a walkway area between Loockerman Street and North Street. It is the recommendation of the Committee of Committees that the Stewart property on North Street directly to the rear of the Behan property also be considered in order to insure an adequate walkway through the entire area. On motion of Mr. Holmes, seconded by Mr. Walls, Council by a unanimous roll call vote accepted the recommendation of the Committee of Committees that the City Manager be authorized to offer to the two property owners, Behan and Stewart, the appraised value as it appears on the City’s tax rolls and if these offers are accepted that the purchase of the properties be consummated.
HEART FUND
A letter was received from the Heart Fund requesting a donation from the City of Dover. It is the recommendation of the Committee of Committees that since the citizens of Dover already contribute to this worthy cause that the City Council should no make an additional donation. On motion of Mr. Legates, seconded by Mr. Holmes, Council accepted the recommendation of the Committee of Committees.
LEWIS AND WARREN
An offer was received from Edwin Lewis and Alberta Warren for the purchase of their properties located at the entrance to the Silver Lake Recreation Area on Kings Hwy. On motion of Mr. Walls, seconded by Mr. Walls, seconded by Mr. Biggs, Council accepted the recommendation of the Committee of Committees that the offer be refused since the City is operating on a tight budget and no funds area allocated for such land acquisition at the present time and further since the present entrance to the Silver Lake area seems to be adequate.
COMMITTEE OF COMMITTEES
A written report of the Committee of Committees meeting held on January 15, 1974, was presented by Chairman Hayes. On motion of Mr. Harris, seconded by Mr. Muir, Council accepted the report as presented.
LEAGUE OF LOCAL GOVERNMENTS
It was announced that the meeting of the League of Local Governments on Thursday, January 31, 1974, would be election nite and that the members of Council and the City Staff members were encouraged to attend.
DOVER HERITAGE TRAIL
A letter was received from the Dover Heritage Trail submitting this year’s proposed budget. On motion of Mr. Muir, seconded by Mr. Biggs, Council referred this matter to the Parks, Playgrounds and Trees Committee for their future study and recommendation.
JULIUS A. WEINSTEIN
A letter was received from Mr. Julius A. Weinstein, City Assessor, requesting that he be relieved of his duties as City Assessor and transferred to another department within the City due to illness and upon the advice of his doctor. On motion of Mr. Legates, seconded by Mr. Harris, Council acknowledged receipt of this letter and referred it to the Committee of Committees for a replacement for City Assessor and a proper position for Mr. Weinstein.
ANNUAL AUDITS
Mr. William Manter was present and presented to Council the annual audits of the General Fund and the Electric Fund for the fiscal year ending June 30, 1973. Mr. Manter highlighted both funds and the areas of both increase and decrease in the past fiscal year. On motion of Mr. Legates, seconded by Mr. Hayes, Council accepted the audit of the General Fund for the fiscal year ending June 30, 1973. On motion of Mr. Muir, seconded by Mr. Harris, Council accepted the audit of the Electric Revenue Fund for the fiscal year ending June 30, 1973. Mr. Manter also announced the City of Dover credit rating is very high and has increased this year.
BURKE REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on RT 113, owned by Harry C. & Hazel B. Burke. Mayor Carroll declared the hearing opened. Mr. Bernard Bruner, First State Land, representing the Burkes, was present and spoke for the rezoning. The Planning Commission has recommended approval of this rezoning request. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, 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 FROM R-20 TO C-4 USE.
WHEREAS, the City of Dover has enacted a zoning ordinance and 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 U.S. Route 113, owned by Harry C. and Hazel B. Burke, equitable owner being Monroe Spiegel.
ADOPTED JANUARY 28, 1974
PLANNING COMMISSION REQUEST
Mr. Jack T. Roe, Acting City Planner, addressed Council with a request from the Planning Commission that the two lots adjacent to the Burke property be rezoned from R-20 to C-4. This rezoning would then make the whole area a C-4 zoning. On motion of Mr. Legates, seconded by Mr. Biggs, Council referred the rezonings to the Planning Commission and advised the two lots to be set for public hearings on February 25, 1974. Council adopted the following resolutions.
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 US Route 113 is presently zoned for R-20 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 February 25, 1974, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-20 to C-4 that property located on US Route 113, Bay Road, owned by Harold R. Campbell.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JANUARY 28, 1974
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 US Route 113, Bay 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 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 February 25, 1974, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-20 to C-4 that property located on US Route 113, Bay Road, owned by Lester C. Rogers.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JANUARY 28, 1974
McDANIEL REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on Woodbrook Road and Webbs Lane Extended, owned by State of Delaware, equitable owner being William P. and Dorothy H. McDaniel. Mayor Carroll declared the hearing opened. 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. 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 WOODBROOK AND WEBBS LANE EXTENDED FROM R-20 TO C-2A.
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-2A 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-2A on that property located on Woodbrook Road and Webbs Lane Extended, owned by the State of Delaware, equitable owner being William P. and Dorothy H. McDaniel and containing approximately 1.59 acres.
ADOPTED JANUARY 28, 1974
BERKMAN - RUDNICK REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on the intersection of US 13 and 113A, owned by Edith R. Berkman, Fannie C. Rudnick and Rudnick Estates, Inc., equitable owner being Kenilworth Associates, Inc. Mayor Carroll declared the hearing open. Mr. Ed McNamara of Brown, Shiels and Barros, representing the residents of that area, addressed Council in opposition to the rezoning. He requested that action be tabled until a later date. Mr. Carl Siemon, Kennilworth Associates representative, addressed Council with an analysis by Larry Smith and Associates on the shopping facilities in the Dover area and the need for such as one proposed in Dover. Several residents from the Huntly Circle area, Messrs. Kasper, Mitten and Scrutchfield, addressed Council with questions on the proposed shopping center and the analysis submitted by Kennilworth Associates. Mr. Legates stated that he was against the rezoning until more time had been allotted for study on the area and proposed use and wanted to delay any action until a later date. Mr. Roe, Acting City Planner, stated that Kling Planning could do a study on the proposed rezoning and have the results at the next Council meeting. Mayor Carroll declared the hearing closed. On motion of Mr. Legates, seconded by Mr. Walls, Council by unanimous roll call vote delayed any action on this rezoning request until a later date.
TRANSPORTATION STUDY
Mr. John McKenna addressed the Council with a report on the Transportation Authority in Kent County. After discussions a motion was made by Mr. Hayes, seconded by Mr. Legates, and Council delayed any action until the next Council meeting on February 11, 1974.
COUNCIL ADJOURNED AT 8:55 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at its meeting of January 28, 1974, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
JANUARY 31, 1974