Regular City Council Meeting
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May 22, 1989 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on May 22, 1989 at 7:30 p.m. with Mayor Richter presiding. Members present were Councilmen Daisey, Legates, Lynn, Christiansen, Levitt, Salters, VanSant and Weyandt. Mr. Hall was absent.

Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Bartolotta, Mr. Cregar, Ms. Bittner and Mr. Rodriguez.

The invocation was given by Pastor Dorina Miles of the First Pilgrim Baptist Church, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mayor Richter requested the addition of an executive session to discuss personnel and legal matters. By motion of Mr. Christiansen, seconded by Mr. Lynn, Council unanimous adopted the agenda as amended.

ADOPTION OF MINUTES - ANNUAL COUNCIL MEETING OF MAY 8, 1989

The Minutes of the Annual Council Meeting of May 8, 1989 were unanimously approved by motion of Mr. Weyandt, seconded by Mrs. Legates and bore the written approval of Mayor Richter.

REMARKS BY MAYOR JOHN E. RICHTER

In reflecting over the past year and looking forward to meeting the challenges facing the City of Dover in the next year, Mayor John E. Richter offered the following remarks:

The City of Dover is in very good health but the City must plan properly to ensure control and orderly growth. Specific attention was called to the revitalization of downtown Dover and the need for planning and zoning controls for expected growth stemming from the proposed Route #13 By-Pass. Mayor Richter suggested similar ring road for the west side of the City that would allow for a total ring around Dover. Naturally, the City’s infrastructure must be expanded to coincide with expected growth and the City must continue looking at utilities; i.e. water, sewer, streets, sidewalks, electric.

The Administrative Committee recently submitted a proposal calling for a full time Mayor for Dover, which is very similar to the proposal of the Charter Review Committee in 1986. Mayor Richter urged members of Council to take action on the recommendations so that the matter can be settled before the mayoral election in 1990.

Law enforcement in the combat of crime is essential in maintaining a safe and healthy environment for our citizens. Although law enforcement is a vital part of the City, Mayor Richter reminded the citizens that they must want alternatives for themselves before crime can be eradicated. Expansion of recreational programs may help in the fight against drug and alcohol abuse and Mayor Richter suggested promotion and advertisement of recreational programs and closer coordination with our local YMCA, schools, and county and state programs. Mayor Richter alluded to plans to enhance the St. Jones River and plans to construct a recreational park west of Dover.

There is a continued need for affordable housing in our community. Referring to the proposed moderate income housing project known as “Walker Woods”, Mayor Richter voiced his support for such projects. Although neighbors of the project have legitimate concerns, Mayor Richter felt that the need for housing is imperative and he urged the entire community to look closer at the needs of others.

In concluding his comments, Mayor Richter explained that the City Clerk will be introducing the use of “Consent Agenda” which will expedite the approval of non-controversial issues and he requested that all proposals be formalized for Council review so that there is a full understanding of subjects prior to action by Council.

RESOLUTIONS

Administrative Committee

By motion of Mr. VanSant, seconded by Mr. Christiansen, Council unanimously adopted the following Resolution:

WHEREAS, the City of Dover constantly strives to offer its citizens the most efficient and effective government; and

WHEREAS, in the interest of progressive management, the Mayor and Council created an Administrative Committee to analyze the administrative functions of our City government and to offer recommendation to assure the continued orderly growth of the City; and

WHEREAS, the Administrative Committee was created on September 9, 1988 and consisted of the following community leaders:

            1.         Mr. Richard Chalfant

                        Plant Manager - General Foods

            2.         Mr. Thomas P. Eichler

                        Secretary - State of Delaware - Dept. of Health and Social Services

            3.         Mr. John Jardine

                        President - Chesapeake Utilities Corporation

            4.         Mr. Don Monaghan

                        Vice President - Dover Operations, International Playtex, Inc.

            5.         Mr. Charles Taylor

                        Plant Manager - Scott Paper

            6.         Dr. William B. DeLauder

                        President - Delaware State College

            7.         Ms. Lynn Hersey

                        President - Custom Software

            8.         Mr. Dennis E. Klima

                        President - Kent General Hospital

            9.         Ms. Judith Roales

                        President - Independent Newspapers, Inc.

WHEREAS, the members of the Administrative Committee have unselfishly contributed many hours to their assigned task with diligence and perseverance, bing cognizant of input from private citizens, members of City staff, and elected officials.

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

1.         In discharging further responsibilities to this body, the Mayor and Council extend their deepest appreciation to members of the Administrative Committee for their dedication and personal sacrifices on behalf of the City of Dover.

2.         The Mayor and Council accepts the Administrative Committee Report with high regard for the wisdom and judgement contained in its recommendation.

3.         The Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover as an everlasting symbol of gratitude.

ADOPTED: May 22, 1989

Luther Towers

By motion of Mr. Christiansen, seconded by Mr. Daisey, Council unanimously adopted the following Resolution:

WHEREAS, Luther Towers of Dover provides housing for low income elderly, handicapped, and disabled persons; and

WHEREAS, the Luther Towers Complex receives essential City services which enhance the quality of life of its residents; and

WHEREAS, the City of Dover offers many wonderful, yet costly, services to its residents which are funded by the taxpaying citizens of our City.

WHEREAS, although exempt from City of Dover property taxes, Luther Towers does not wish to be a burden and has voluntarily chosen to compensate the City for the essential services rendered.

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

1.         The Mayor and Council recognize that payment in lieu of taxation is a way for tax exempt entities to contribute to the community by sharing the burden of service related costs with other City of Dover property owners.

2.         The Mayor and Council extend their sincere appreciation to Luther Towers for a voluntary contribution of $5,000 towards payment for services that are utilized by their tax exempt organization.

ADOPTED: May 22, 1989

The Resolution was presented by Mayor Richter to Reverend Raymond Best, President and Mr. Arthur Ellison, Executive Director.

Harris Kiddie Kollege

By motion of Mr. VanSant, seconded by Mr. Lynn, Council unanimously adopted the following Resolution.

WHEREAS, Harris Kiddie Kollege and Elementary School was one of the first day care centers in our area, offering a safe and reliable environment for children, and peace of mind for working parents; and

WHEREAS, early childhood intervention has been shown by research to lead to academic achievement in later school years; and

WHEREAS, Harris Kiddie Kollege and Elementary School has played a major role in the education of students who have gone on to become successful in many areas; and

WHEREAS, Jennie L. Harris has chosen to retire and will be closing the doors of Harris Kiddie Kollege and Elementary School on June 13, 1989 after 27 years of operation in Dover.

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

1.         The Mayor and Council highly commends Mrs. Jennie L. Harris for her tireless efforts in educating and caring for our children.

2.         The Mayor and Council wish Mrs. Jennie L. Harris and her family a happy and peaceful retirement.

3.         The City Clerk is hereby directed to make this Resolution a part of the permanent records of the City of Dover in recognition of the contribution made to the community by Mrs. Jennie L. Harris.

ADOPTED: May 22, 1989

On behalf of the community, Mayor Richter presented the Resolution to Mrs. Jennie Harris.

PROCLAMATION - CHEF ANDY SALONTAI DAY

The following Proclamation was read into the record by the City Clerk and will be presented to Andrew P. Salontai on May 25th by Councilman Frederick VanSant.

WHEREAS, La Societe des Quarante Hommes et Huit Chevaux is a national veterans organization, the membership of which is restricted to members of the American legion who have distinguished themselves as Legionnaries; and

WHEREAS, the French title originated from the French railroad cars that would carry forty men and eight horses of the American Expeditionary Force in World War I; and

WHEREAS, the National Commander of the “Forty & Eight”, known as the Chef de Chemin de Fer (Chief of the Road of Iron), Andrew P. Salontai, will be visiting in Dover on May 25, 1989; and

WHEREAS, “Chef Andy” has continued to serve his fellow man since World War II as Department Commander of the 125,000 Legionnaires in his adoptive state of California, served nine years on California’s Legislative Commission, and held with distinction every leadership position in the Forty & Eight; and

WHEREAS, the City of Dover, home of the Dover Air Force Base, recognizes the dedication, talents and contributions made by our National Armed Forces, both during active duty and after as contributing members of many veteran organizations.

NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim May 25, 1989 as CHEF ANDY SALONTAI DAY in the City of Dover.

APPOINTMENTS

Dover Library Commission

Mr. Gary Patterson’s term on the Dover Library Commission will expire on June 16, 1989. Mr. Patterson has requested that he not be reappointed to the Commission. Mayor Richter submitted the nomination of Mrs. Dee Dee Armistead to serve a three (3) year term on the Dover Library Commission, which will expire on June 16, 1992.

Mr. Christiansen moved for acceptance of the appointment of Mrs. Armistead to serve a three (3) year term on the Library Commission. The motion was seconded by Mr. Lynn and unanimously carried.

Awards Committee

With the appointment of Mrs. Dee Dee Armistead to the Library Commission, Mayor appointed Mr. Richard Curl to replace Mrs. Armistead on the Awards Committee. The Awards Committee members are appointed by the Mayor and have no defined terms.

Parking Authority

The Parking Authority term of Mr. J. Spicer Leaming expired on May 13, 1989. Mayor Richter suggested that Mr. Leaming be reappointed to serve a five (5) year term, which will expire on May 13, 1994.

Due to the resignation of Mr. Gregory P. Boaman on the Parking Authority, Mayor Richter submitted the nomination of Mr. Peter A. La Venia to fill the unexpired term, ending May 13, 1993.

Mr. Lynn moved for approval of the reappointment of Mr. J. Spicer Leaming (term ending May 13, 1994) and the appointment of Mr. Peter A. La Venia to fill the unexpired term of Mr. Gregory Boaman (term ending May 13, 1993). The motion was seconded by Mr. Daisey and unanimously carried.

Mayor Richter expressed his gratitude to those citizens that volunteer their time and expertise by serving on City of Dover committees.

UTILITY COMMITTEE REPORT

The Utility Committee met on May 9, 1989 with Chairman VanSant presiding.

Request for Water and Sewer Utilities - Mishoe Towers - College Road

A request was received from Luna I. Mishoe II, for connection of City water and sewer facilities without annexation for property located north and west of Mishoe Towers.

Mr. Mishoe plans to develop the land as an RV (Recreational Vehicle) Park. A portion of the property is located within the City limits, with the remaining property located outside the City and governed by Kent County regulations. Mr. Mishoe informed the committee that the City of Dover Zoning Code does not address RV Parks. He, therefore, plans to develop the park on the property located outside the City limits, which explains why he does not wish to annex the property at the present time. The resort area of the park would be located on City lands and will be permitted utilization of City utilities. If the City denies the request, then the owners plan to provide a well for water and a holding tank disposal station at the resort area, where the recreational vehicles will dump their sewage holding tanks. If approved, then individual water and sewer hookups will be provided for each lot where the recreational vehicles will park.

Questioned on existing zoning, Mr. Cregar explained that if the parcel were annexed, it would be incorporated at a medium density residential zoning classification which would not permit the type of use proposed by Mr. Mishoe.

The committee recommended that staff’s recommendation be endorsed to deny the request for connection to City water and sewer utilities to property located outside the corporate limits of the City, in accordance with City policy.

Mr. VanSant moved for approval of the committee’s recommendation to deny the request in accordance with City policy, seconded by Mr. Levitt and unanimously carried.

Update on Standards and Inspection Requirements - Intrusions into Rights of Ways

The committee reviewed a draft ordinance that would provide for standards and inspection procedures to allow the use and encroachment of any City owned or maintained right of way for the purpose of erecting a commercial awning or canopy.

The committee recommended approval of the draft ordinance to amend Chapter 19, Article I of the Dover Code, as recommended by the Planner, stipulating that paragraph (c) be written for clarification, as recommended by the Planner, and the addition of Section 5, under paragraph (d) as recommended by the Solicitor.

By motion of Mr. VanSant, seconded by Mr. Christiansen, Council adopted the following ordinance by a unanimous roll call vote (Mr. Hall absent):

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

            Chapter 19, Article I of the Dover Code is hereby amended by adding a new section to be designated 19-6.1 to read as follows:

Sec. 19-6.1.     Placement of Canopies and Awnings within City Right-of-Ways.

            (a)       The provisions of this section shall apply only to commercial establishments located within commercial zoning districts.

            (b)       For the purpose of this section, the following definitions are provided:

Awning.The word “awning” means “a piece or several pieces of canvas, plastic, metal or similar materials joined together and stretched over or attached to a frame to be affixed to the exterior of a building in front of a window or doorway for the purposes of providing protection from the sun or weather, for ornamentation of the building and/or for display of a business name or logo type.”

Canopy.The word “canopy” means “a roof-like structure projecting from a wall or supported on pillars for the purposes of providing protection from the sun or weather, ornamentation of the building and/or display of a business name or logo type.”

            (c)       It shall be unlawful for any person to construct, erect or affix any canopy or awning which is situated within or encroaches upon any right-of-way owned or maintained by the City of Dover unless and until such canopy or awning placement shall have been approved by the City Council. Prior to review and action by the City Council, the Planning Commission shall review each application at a regularly scheduled public meeting in accordance with application and review procedures set forth in Appendix B, Article 10, Section 2 of this Code and the minimum submission requirements as adopted by the Department of Inspections and Planning. Concluding its’ review, the Planning Commission shall make a formal recommendation on each application under this section and forward its’ findings and recommendation to the City Council in writing for review and consideration.

            (d)       Any approval granted by City Council under this section shall be subject to the following conditions:

1)A building permit shall be obtained from the Building Inspector prior to the start of construction or placement of such canopy or awning.

2)Construction, erection or placement of any such canopy or awning shall be in accordance with the provisions for canopies and awnings contained in the adopted Building Code for the City of Dover.

3)Any such canopy or awning shall be maintained in good condition. If upon inspection by the Building Inspector, such canopy or awning is determined by the Building Inspector to be in a state of disrepair or is otherwise in violation of the original approval, the applicant, owner or other responsible person shall be given reasonable notice by the Building Inspector to undertake corrective action. Failure to restore such canopy or awning to an acceptable condition or to otherwise comply with the original approval may, upon order of the City Council, result in the removal of the canopy or awning at the property owners’ expense.

4)Any additional conditions as the City Council may deem necessary to protect the best interests of the City, its’ citizens and surrounding properties.

5)The applicant, owner or other responsible person shall enter into a written agreement with City Council to accept full responsibility for persons or property injured as a result of the canopy or awning and to completely indemnify and save harmless the City from any liability of any nature whatsoever regarding the canopy or awning.

            (e)       Any commercial establishment which is the subject of an application for approval of the placement, erection or construction of a canopy or awning which is situated within the boundaries of the Historic District as reflected on the official Zoning Map of the City of Dover shall, in addition to the application submission and review procedures referenced above, be subjected to the Architectural Review procedure as set forth in Appendix B, Article 10, Section 3 of this Code.

            (f)        Any applicant or permittee aggrieved by any decision made by the Council or its’ designee under this section may appeal such decision as prescribed by the laws of the State of Delaware.

ADOPTED: May 22, 1989

Mechanized Trash Issues

A referral request was made by Mr. Christiansen for consideration by the Utility Committee of a deferred payment plan policy for the purchase of a second trash container which costs $59.95. The City Manager stated that a payment contract could be utilized, although staff felt that such a plan is not necessary.

The committee generally felt that a deferred payment plan would create more problems than it would solve and took no further action on the suggestion.

Mr. Christiansen disagreed with staff’s viewpoint that households needing a second container should be capable of paying the fee for the container.

Mr. VanSant offered to place the matter on the next committee agenda, but requested that Mr. Christiansen attend the meeting so that his specific ideas can be addressed.

Commercial users have requested permission to purchase two (2) additional containers. The requests are based upon the premise that residential users are allowed (1) container and can purchase a second container; commercial users can purchase two (2) containers, and now seek permission to purchase two (2) additional containers.

The committee directed staff to look into the request and its possible affects, for a report at the next committee meeting.

Tar Ditch Drainage Study

The final report was submitted from PSC Engineers on the Tar Ditch Drainage Basin Study. The study was conducted to alleviate the flooding problems throughout the Tar Ditch Drainage Basin, including Water Street. Four areas of deficiency were identified in the report. The estimated cost of completing the four projects is $873,000. The major project is the placement of a parallel storm sewer main along the Tar Ditch from Water Street to the old Treatment Plant, at an estimated cost of $585,000.

The committee pointed out areas of the report regarding maintenance, suggesting that the City should accept more responsibility regarding proper maintenance of the storm drainage system.

If approved, the four projects, along with the CIP project for the ditch south of Walker Road, west of Pear Street ($88,000), would be included in a General Obligation Bond Issue in 1991.

The committee recommended acceptance of the report and authorization of funding for 1990/91 to complete the projects.

Mr. VanSant moved for approval of the committee’s recommendation, seconded by Mr. Levitt and unanimously carried.

Combustion Turbine Engineering Services

In conjunction with the City’s approval of the purchase of a 20MW Combustion Turbine and a site on which to locate the new turbine, engineering services are now necessary. Approximately 18,000 hours of engineering work is estimated to prepare layouts, designs, and specifications and to manage the construction. Stone and Webster (SWEC) was selected by staff to perform the job and the terms of a contract were negotiated. The engineer’s estimate for the project was $704,000. Negotiations with SWEC resulted in a compensation schedule that will give SWEC a profit of 10% of their salary cost if they complete the project at a cost of no more than $600,000. Their profit will decline to 4% if their cost reaches $1,000,000. If their cost exceeds $1,000,000 their profit will be zero. In addition, they will receive only 20% overhead if their costs exceed $1,000,000. The contract will have a “not to exceed” limit of $1,250,000, but the penalties will apply if they exceed $1,000,000. The Engineer’s liability has been set at the full cost of the engineering contract.

The committee recommended that a contract be authorized for engineering and construction management, with a limit not to exceed $1,250,000 and with the conditions specified by staff, to Stone & Webster Engineering Company of Cherry Hill, New Jersey.

Mr. VanSant moved for approval of the committee’s recommendation, seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. Hall absent).

Bid - College Road 138-69kV Substation - Footings

Bids were received for the cost to provide the excavation, select fill, stone, grading and concrete footings, piers and pads for the College Road Substation. The committee recommended that a purchase order be issued to the low bidder, Lambertson Construction, in the amount of $77,520.

Mr. VanSant moved that a purchase order be issued to Lambertson Construction, in the amount of $77,520. The motion was seconded by Mr. Christiansen and carried by a unanimous roll cal vote (Mr. Hall absent).

Bid - College Road - 138-69kV Substation - Transformer

The design of the College Road Substation includes two 138-69kV transformers. One of the transformers is available for this summer. Bids were received for the second transformer with the low bid received from TEDCO in the amount of $401,000. The engineer’s estimate was $700,000.

The committee recommended that a purchase order be issued to TEDCO in the amount of $401,000. The engineer’s estimate was $700,000 for the purchase of a 138-69kV transformer.

Mr. VanSant moved for approval of the committee’s recommendation to award the bid to TEDCO in the amount of $401,000, seconded by Mr. Levitt and carried by a unanimous roll call vote (Mr. Hall absent).

Bid - Cable Purchase

A low bid was received from Wesco in the amount of $138,600 for 30,000' of 750 MCM, 15KV cable. Additional purchases from the bid will not be necessary since an extension would not be given at the current price.

The committee recommended that a purchase order be issued to Wesco for the purchase of 30,000' of cable at a cost of $138,600.

Mr. VanSant moved for approval of the committee’s recommendation, seconded by Mr. Levitt and carried by a unanimous roll call vote (Mr. Hall absent).

Fuel Oil - 1989/90 Contract

The current contract with Amerada Hess to supply the McKee Run power plant with #6 fuel oil will expire on June 30, 1989. Under the terms of the contract, the City has the option to extend it for another 12 month period with the same terms, conditions, and price. Although Hess has been supplying 2% sulfur oil, they are pricing it on 3% prices.

Based on the high quality of the oil, excellent service, continuation of the current transportation cost and the desire the burn the most environmentally safe fuel at the best possible price, the committee recommended that the current contract with Amerada Hess be extended for an additional 12 months, noting that the City will be granted an additional renewal option to extend the contract for a one year period from July 1, 1990 through June 30, 1991.

Mr. VanSant moved to accept the committee’s recommendation to extend the contract with Amerada Hess for an additional 12 months, with the renewal option to extend for an additional year. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. Hall absent).

Electric Deposits - Commercial Users

As requested by the Legislative & Finance Committee, the Utility Committee has directed staff to review a suggestion of increasing electric deposits for commercial customers. This will be considered at the next committee meeting.

Mr. VanSant moved for approval of the Utility Committee Report as submitted, seconded by Mr. Lynn and unanimously carried.

MONTHLY REPORTS - APRIL 1989

Chief Hutchison reported that five police officers were just sworn into the City of Dover Police Department. Chief Hutchison stated that approval to increase the manpower was issued by Council 11 months ago, noting that it takes several months after approval to have the officers on duty.

Mr. Christiansen suggested that the Planner’s Office send an employee to Boston, Massachusetts to attend a seminar on mixed income housing.

The City Assessor stated that the City’s last reassessment was in May 1987 for 1988 billings, and suggested that an in-house revaluation should be looked at after the 1990 billings.

In the City Manager’s Report there is reference to the construction of a canopy in front of the emergency room to shelter the City’s ambulances. Mr. Weyandt suggested that an agreement be obtained from the hospital to permit the City to construction the canopy on hospital materials. Mr. Bartolotta explained that the canopy will be built by the hospital, although Mr. Rodriguez stated that an agreement could be devised to remove any liability from the City.

By motion of Mr. VanSant, seconded by Mr. Weyandt, Council unanimously accepted the following reports for the month of April:

Chief of Police Report

Building inspector and Fire Marshal Report

City Assessor Report

City Alderman Report

J.P. Court #7 Report

City Manager Report

General Fund, Cash Receipts & Budget Report

Water/Sewer Fund, Revenue & Budget Report

Internal Service Fund, Revenue & Budget Report

Electric Revenue Fund, Revenue & Budget Report

Improvement and Extension Fund, Cash Receipts & Budget Report

            General, Water/Sewer, Electric Revenue - Receipts & Disbursements Report

REPORT BY PLANNER ON AMENDMENT TO REZONE 23 N. STATE STREET - MURIEL SCHWARTZ

One year has expired since an amendment was approved to rezone 23 N. State Street, owned by Muriel Schwartz from RG-1 to C-2A. In accordance with Article 10, Section 5.183 of the Zoning Code, consideration must be given to reverting the zoning to its original zoning if the necessary requirements have not been met. Mr. Cregar stated that the plans for this parcel of property have changed and the owner has since requested a new zoning classification which has not yet been acted upon by Council.

Since the one year expiration on the zoning request to C-2A has expired, the Planner recommended that the administrative rezoning be referred to the Planning Commission for their consideration during the meeting of June 19, 1989 and that a public hearing be set for July 10, 1989 at 7:30 p.m. for action by Council.

In order to consider the reversion to original zoning classification for property located at 23 N. State Street, in accordance with Article 10, Section 5.183 of the Zoning Code, Mr. VanSant moved for referral to the Planning Commission and that a public hearing be set for July 10, 1989 at 7:30 p.m. The motion was seconded by Mr. Lynn and by a unanimous vote, Council adopted the following Resolution:

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

WHEREAS, certain lands located 23 N. State Street are presently zoned for C-2A 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 July 10, 1989 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from C-2A to RG-1 that property located 23 N. State Street, owned by Muriel Schwartz.

2.         That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED: May 22, 1989

SET PUBLIC HEARING - ELECTRIC FUND BUDGET

By motion of Mr. VanSant, seconded by Mr. Lynn, a public hearing was unanimously set for July 10, 1989 at 7:30 p.m. to consider adoption of the Electric Fund Budget.

DOVER HOUSING AUTHORITY - COOPERATION AGREEMENTS

The Dover Housing Authority has requested that the City approve Cooperation Agreements for an additional 30 units at the Manchester Square site and for up to 75 additional units of elderly housing at the Simon Circle location. The Agreements are necessary prior to the submittal of grant applications to HUD for funding assistance. The City has entered into similar cooperation agreements with the Dover Housing Authority in the past. Mr. Bartolotta explained that the agreements essentially state that the Housing Authority property will be tax exempt and will be entitled to the same services that any other unit of a similar nature would receive from the City. Taxes can be paid by a shelter-rent formula, if adequate revenues are received.

Mr. Daisey moved to adopt the two Cooperation Agreements with the Dover Housing Authority as recommended by City staff. The motion was seconded by Mr. Levitt and carried by a unanimous roll call vote (Mr. Hall absent).

CORRESPONDENCE

Suggestion for Increased Efficiency of Senior Surrey Services - Carmen Lopez

In a letter to Mayor and Council, Mrs. Carmen Lopez voiced concern with the long waiting periods involved when wishing to utilize the Senior Surrey. Mrs. Lopez feels that the Senior Surrey is a great idea but suggested better management so that it can be used in a more timely fashion.

Mr. VanSant moved to acknowledge receipt of the suggestion and for referral to the City Manager. The motion was seconded by Mr. Christiansen and unanimously carried.

Request for City to Purchase Property at 29 Lincoln Street - Virginia Jacobs

A letter was received from Virginia Jacobs requesting that the City consider purchasing her small lot located at 29 Lincoln Street.

Mr. Weyandt moved for referral to the Legislative and Finance Committee, stipulating that the City Manager contact Mrs. Jacobs to verify the proposed sale price of $7 as outlined in her letter. The motion was seconded by Mr. Christiansen and unanimously carried.

Mr. Weyandt moved to adjourn into Open Forum and then into executive session to discuss legal and personnel matters. The motion was seconded by Mrs. Legates and unanimously carried.

OPEN FORUM

Mayor Richter declared the open forum is session and reminded those present that Council is not in official session and cannot take formal action.

There was no one present wishing to speak during the Open Forum.

Meeting Adjourned at 8:30 P.M.

                                                                                    DEBRAH J. BITTNER

                                                                                    CITY CLERK

All orders, ordinances and resolutions adopted by City Council during their meeting of May 22, 1989, are hereby approved.

                                                                                    JOHN E. RICHTER

                                                                                    MAYOR

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