REGULAR MEETING
July 24, 1972
The regular meeting of City Council was held on Monday, July 24, 1972 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Harris, Hayes, Holmes, Legates, Muir and Walls. Councilman Holpp was absent due to illness.
MINUTES
The minutes of the regular Council meeting of July 10, 1972 were accepted and bore the written approval of Mayor Carroll.
FRANCIS P. NEYLAN RESOLUTION
On motion of Mr. Biggs, seconded by Mr. Harris, Council by unanimous vote adopted the following resolution honoring the memory of Francis P. Neylan, City Manager.
WHEREAS, Francis P. Neylan, who was born on October 23, 1914 served 25 years of faithful and dedicated service with the City of Dover; and
WHEREAS, in November of 1947 Francis P. Neylan commenced his employment with the City of Dover when he served as City Clerk and City Treasurer until September of 1966; and
WHEREAS, Francis P. Neylan was appointed City Manager of the City of Dover by City Council in September of 1966 which position he held until his untimely death on July 13, 1972; and
WHEREAS, during his 25 years of service with the City of Dover Francis P. Neylan saw the City grow from a moderate sized town to a large and complicated municipality and during this period of time he adjusted himself and the employees of the City of Dover to the complications of running such a municipality. He devoted his time and effort and education to the betterment of the citizens and residents of the City and his loss to the City will be felt by the employees of the City and all residents.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council express their extreme appreciation and sincere gratitude to Mrs. Neylan and the children of Mr. Neylan for his dedicated service to the City over a period of 25 years in the responsible and important positions held by him;
2. The Mayor and Council express their deep regret and sympathy over the untimely death of Francis P. Neylan;
3. The Mayor and Council direct the City Clerk to make this resolution a permanent record of the City of Dover in living memorial to Francis P. Neylan.
ADOPTED JULY 24, 1972
CITY MANAGER APPOINTMENT
On motion of Mr. Walls, seconded by Mr. Biggs, Council by unanimous vote adopted the following resolution for the appointment of a replacement for City Manager Francis P. Neylan, and at the same time approved a salary of $300 per week, for Mr. William T. James the new City Manager.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That the untimely death of Francis P. Neylan, who had been City Manager of the City of Dover since September 1966 has created a vacancy in this most important position.
2. That pursuant to the Dover City Charter, Section 33, Council shall appoint a City Manager who shall be the Chief Administrative Officer of the City, which appointment shall be for an indefinite term and who shall serve at the pleasure of Council.
3. Council hereby appoints as City Manager to serve at the pleasure of Council the present Assistant City Manager, William T. James.
ADOPTED JULY 24, 1972
CITY OF DOVER OFFICIAL FLAG
At this time City Manager James presented to Council the Official Flag of the City of Dover, which had been authorized by Council some months ago. The general feeling at this time is that two more flags should be purchased for use in City Hall and the City Hall Annex and at the same time a price of reproductions be obtained for this flag. On motion of Mr. Walls, seconded y Mr. Hayes, Council directed the City Manager to purchase three additional flags as displayed here this evening, and obtain the cost of reproductions of this flag.
J. P. COURT #7 REPORT FOR JUNE
A written report for June of the J. P. Court #7 was presented to Council attached to a check in the amount of $8,884.68. The deferred payments due the City of Dover as of June 30, 1972 amount to $21,853.61. On motion of Mr. Hayes, seconded by Mr. Muir, Council accepted the report as presented.
TOWN AFFILIATION ASSOCIATION
A letter was received from the Town Affiliation Association announcing their 14th Annual Conference in Seattle, Washington on August 16-19, 1972. Mayor Carroll stated that if his schedule warrants, he will attend and represent the City of Dover, as requested by the Town Affiliation Association.
WILMER STEELE REQUEST - SILVER LAKE
A letter was received from Mr. Wilmer Steele requesting the City of Dover change the ordinance governing the use of Silver Lake by raising the HP limit on outboard motors permitted to be used on Silver Lake. On motion of Mr. Muir, seconded by Mr. Biggs, Council referred this request to the Park Committee for their study and recommendation.
DOVER MODERN MATURITY CENTER
A letter was received from the Dover Modern Maturity Center thanking the Mayor and Council for all that they had done for granting their organization tax exempt status and the donation to allow the payment of back taxes. On motion of Mr. Biggs, seconded by Mr. Walls, Council acknowledged receipt of this letter.
GAGEN-BRITTINGHAM REQUEST
A request was received from Alvin Brittingham and Eugene Gagen to annex their farms of approximately 300 acres within the corporate limits of the City of Dover. On motion of Mr. Harris, seconded by Mr. Hayes, Council referred this request to the Utility Committee for their study and recommendation.
REZONING - NORTHWEST DOVER HEIGHTS
A recommendation has been forwarded to Council requesting Council set a public hearing to consider the rezoning of the housing area in Dover known as Northwest Dover Heights from R-8 to R-7, that would make this development of conforming use. On motion of Mr. Walls, seconded by Mr. Hayes, Council 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 Walker Road and east of McKee Road is presently zoned for R-8 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 August 28, 1972 at 8:00 P.M. on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezone from R-8 to R-7 that land and properties located north of Walker Road, east of McKee Road and known as Northwest Dover Heights.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JULY 24, 1972
ZONING ORDINANCE CHANGE - FUNERAL HOMES
A public hearing was duly advertised for this time and place to consider the changing of the Zoning Ordinance concerning the approval and classification of “Funeral Homes”. Mayor Carroll declared the hearing opened. No one was present to speak for or against the change. The Planning Commission has recommended this change be made. Mayor Carroll declared the hearing closed. On motion of Mr. Harris, seconded by Mr. Holmes, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Holpp, adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That Appendix G of the Dover Municipal Code - the Zoning Ordinance of the City of Dover - be and the same hereby is amended in the following respects:
1. Section 3.713 is amended by striking the words “funeral home” thereof so that said section shall read as follows:
“3.713 Bowling alleys and animal hospitals.”
2. Section 3.114 (a) is amended to read as follows:
“3.114(a) Places of worship, including parish houses; schools; philanthropic and eleemosynary institutions; hospitals ans sanitariums for general medical care; and funeral homes subject to the following requirements:”
ADOPTED JULY 24, 1972
HURLEY REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of property located at 314, 318 and 324 DuPont Street from RG-1 to RG-4. 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 request. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Walls, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Holpp, adopted the following resolution.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE PROPERTY LOCATED AT 314, 318 AND 324 DUPONT STREET FROM RG-1 TO RG-4 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 RG-1 to RG-4 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 RG-1 to RG-4 on 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.
ADOPTED JULY 24, 1972
SHADE REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of the property located at 29 South State Street from RG0 to RG-2. Mayor Carroll declared the hearing opened. Mr. Robert Moore, representing the owner, addressed Council stating his position in favor of the rezoning. Also present was Mr. John Shade, owner, speaking in favor of the rezoning. Mr. Jerry Sapienza, representing a group that was opposed to this rezoning, presented a petition to Council of some approximate 200 names opposing the rezoning. The Planning Commission by a vote of 2-1 approved the rezoning. A question was raised by Council as to the small amount of Planning Commission members voting on this issue and whether this was representative of the Commission’s feelings. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Biggs, Council by a roll call vote of 5 ‘yes’, 2 ‘no’, Messrs Harris and Muir and 1 ‘absent’, Mr. Holpp, deferred action on this request until the Council meeting of August 28, 1972 pending a decision of the Planning Commission.
WARNER-SCOTTON REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of property located on Lafferty Lane owned by Estill Warner. 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 request. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous roll call vote of those present 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 THE SOUTHSIDE OF LAFFERTY LANE, OWNED BY ESTILL WARNER AND EMORY WARNER ESTATE FROM R-20 TO M 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 M 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 R-20 to M on the property located on the south side of Lafferty Lane, owned by Estill Warner and Emory B. Warner Estate, equitable owners being Advanced Solid Waste Reclamation Corporation, and containing approximately 232 acres.
ADOPTED JULY 24, 1972
NORTHWEST DOVER REZONING
A public hearing was duly advertised for this time and place to consider the rezoning or lands located north of College Road between Kenton and McKee Roads. Mayor Carroll declared the hearing opened. Mr. Baxter McKee was present and asked Council to allow his land to remain under the R-20 classification, and not be rezoned to R-8 as advertised. No one else was present to speak for or against the request. The Planning Commission had initiated this request. Mayor Carroll declared the hearing closed. On motion of Mr. Harris, seconded by Mr. Muir, Council by unanimous roll call vote of those present 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 PROPERTIES LOCATED NORTH OF COLLEGE ROAD AND BETWEEN KENTON AND MCKEE ROADS FROM R-20 TO RC, C-3 AND R-8, 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 RC, C-3 and R-8 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 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 RC, C-3 and R-8 on the properties located between Kenton Road and McKee Road and lying north of College Road as outlined on the map attached to these minutes.
ADOPTED JULY 24, 1972
COUNCIL ADJOURNED AT 8:55 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of July 24, 1972 are hereby approved.
Crawford J. Carroll
Mayor
JULY 26, 1972