City of Dover, Delaware - Regular City Council Meeting

Regular City Council Meeting

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Apr 10, 1989 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on April 10, 1989 at 7:30 p.m. with Mayor Richter presiding. Members present were Councilmen Hall, Daisey, Legates, Lynn, Christiansen, Levitt, Weyandt and VanSant.

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

The invocation was given by Reverend Ralph Kemmerlin, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mayor Richter requested the addition of agenda item #14A to acknowledge the Dover Central Area Plan, and under #17, Mayor Richter stated that the Executive Session will be held to discuss personnel and legal matters.

Mr. Christiansen moved for approval of the agenda as amended, seconded by Mr. VanSant and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF March 27, 1989

The Minutes of the Regular Council Meeting of March 27, 1989 were unanimously approved by motion of Mr. Daisey, seconded by Mr. Weyandt and bore the written approval of Mayor Richter.

PROCLAMATIONS

Professional Secretary Recognition

Mayor Richter presented the following Proclamation to a representative of the First State Chapter of Professional Secretaries International, as read into the record by the City Clerk:

WHEREAS, professional secretaries are committed to upholding the highest ethical standards; and

WHEREAS, professional secretaries are willing to go the extra mile; and

WHEREAS, professional secretaries are the unheralded members of the management team; and

WHEREAS, the week of April 23-29, 1989, has been designated Professional Secretaries Week by Professional Secretaries International, its originator and sponsor.

NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, do hereby proclaim the week of April 23rd through April 29th, 1989, as PROFESSIONAL SECRETARIES WEEK, and Wednesday, April 26, 1989, as PROFESSIONAL SECRETARIES DAY, and ask that management everywhere join in recognizing the outstanding professionals in their employ.

Members of Council recognized the importance of the role of their own City Clerk and commended Ms. Bittner on her contribution to the City of Dover.

National Child Abuse Prevention Month

Mayor Richter issued the following Proclamation, as read into the record by the City Clerk:

WHEREAS, April 1989, has been designated National Child Abuse Prevention Month; and

WHEREAS, child abuse and neglect constitute a serious threat to the health and safety of all children; and

WHEREAS, unfortunately, there are some who are growing up as victims of abuse and neglect; and

WHEREAS, the Department of Services for Children, Youth and Their Families, Office of Prevention within the State of Delaware has been established, in part, to address the issues of child abuse prevention; and

WHEREAS, Child Abuse Prevention Month in Delaware is co-sponsored by Parents Anonymous of Delaware, Inc., the Department of Services for Children, Youth and Their Families, and the Delaware Children's Trust Fund; and

WHEREAS, Child Abuse Prevention Month in Delaware will kick-off in Dover with a statewide conference on child abuse prevention with public and private organizations in Dover sponsoring events this month to raise public awareness of the issues of child abuse and neglect.

NOW, THEREFORE, 1, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim April 1989, as CHILD ABUSE PREVENTION MONTH in the City of Dover, and urge all citizens to support the public events scheduled throughout the City and to work towards the eradication of child abuse and neglect during this month and throughout the year.

National Organ Donor Awareness Month

Mayor Richter presented the following Proclamation to Mr. Brian Hamilton and Dr. Lyman Olsen, as read into the record by the City Clerk:

WHEREAS, during the month of April, special national and local efforts are put forth to call attention to the increasing need for vital organs and tissue for transplantation; and

WHEREAS, each year thousands of people are struck with illness and disease which goes beyond the ability of traditional medical practices to bring about healing; and

WHEREAS, these people need organ and tissue transplants to maintain quality of life and, in many cases, life itself; and

WHEREAS, there is a greater need than there are people choosing to respond in those situations where donation is appropriate; and

WHEREAS, on an average, there are three people waiting for every donation, and only one in six donor situations are acted on favorably; and

WHEREAS, donor awareness is an issue of concern for all people, and although there is publicity year round, there is special national and local focus given in the month of April, in support of "National Organ Donor Awareness".

NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the week of April 23 - 29, 1989, as "ORGAN DONOR WEEK IN DOVER" and urge all residents to consider this very worthwhile and life-saving program.

Mr. Hamilton and Dr. Olsen conveyed the importance of organ and tissue transplants and the need to make provisions to become organ donors. Also present was John Semeno who received a heart transplant two years ago at Temple University. Noting that Delaware is still considered a recipient state (receives more organs than it donates), Mr. Hamilton expressed the need to encourage participation in the organ donor program.

National Library Week

The following Proclamation was issued by Mayor Richter and read into the record by the City Clerk:

WHEREAS, we are fortunate to have the excellent library facilities that are available and convenient for our use in this community; and

WHEREAS, the librarian is a valuable human resource in the Age of Automation, providing verifiable information in response to the needs of our residents at work, home, and school; and

WHEREAS, libraries throughout America are celebrating National Library Week with the theme "Ask a Professional. Ask Your Librarian".

NOW, THEREFORE, 1, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim April. 9 - 15, 1989, NATIONAL LIBRARY WEEK in Dover, Delaware, urging all citizens to visit the Dover Public Library and to seek the help of the librarian who is always available to fulfill the informational needs of its users.

RESOLUTIONS

Spring Clean Up

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

WHEREAS, the Mayor and Council desire to place special emphasis on a clean and beautiful City, and

WHEREAS, traditionally in May there is a period set aside to honor the past and heritage of the City and

WHEREAS, the annual Old Dover Days will be celebrated on May 6, 1989.

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

1. The period of April 23 - 29, 1989 be designated Spring Clean Up Week for the City.

2. All citizens are encouraged to clean up and beautify their premises and to place any trash or debris that they may have at the curb for pickup during said Spring Clean Up Week.

3. During said Spring Clean Up Week, City of Dover crews will pick up any debris or trash removed by citizens and placed at curbside on a non-scheduled basis and as needed in the area.

4. The City Clerk of the City of Dover is hereby directed to make this resolution a part of the permanent records of the City of Dover.

ADOPTED: April 10, 1989

Supplemental Resolution for Series 1989 Water and Sewer Revenue Bond Sale

The Finance Director explained that the Resolution is a legal formality of acceptance of the Series 1989 Water and Sewer Revenue Bonds that were recently sold.

Mr. VanSant moved for adoption of the Supplemental Resolution for Series 1989 Water and Sewer Revenue Bond Sale, seconded by Mr. Lynn. By a unanimous roll call vote, Council adopted the resolution (as on file in the Offices of the City Clerk and City Treasurer).

ANNEXATION REFERENDUM - BURDEN PROPERTY - KENTON ROAD

An annexation referendum was held on March 30, 1989 for property located on Kenton Road, owned by Joe and Georgianna Burden. As certified by Kent County election officials, two (2) votes were cast in favor of annexation, with zero (0) votes cast against annexation.

Mr. VanSant moved for certification of the results of the Burden annexation referendum, seconded by Mr. Lynn and unanimously carried.

Resolution

Prior to acceptance of the property into the City's corporate limits, Mr. Weyandt clarified that the property is to be annexed at a zoning classification of R-15.

By motion of Mr. VanSant, seconded by Mr. Lvnn, annexation of the property was approved and the following Resolution was adopted:

A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.

WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters alid real estate owners of the territory proposed to be annexed, and

WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and

WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits 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 the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:

Beginning at an iron pipe found in the southwest line of County Road 104 at a corner for this parcel and for lands of Paul Ayers, said point being located South 49 degrees 45 minutes 38 seconds East 79.6 feet from the intersection of the southwest line of County Road 104 with the centerline of County Road 99 extended; thence from said point of beginning along line of said Ayers land on the following two courses and distances: (1) South 40 degrees 16 minutes West a distance of 755 feet to a point; thence (2) South 31 degrees 26 feet 42 seconds East a distance of 120 feet to an iron pipe set at a corner for said Ayers and lands of Frank P. Coulton; thence along line of lands of Coulton in part and in part with lands of Roy S. Shiels, lands of Samuel M. Magrone; and lands of Eugene Langenhan South 53 degrees 20 feet 27 seconds West a distance of 862.76 feet to an iron pipe set at a corner for said Langenhan in line of lands of Inproject Corporation; thence along line of lands of Inproject Corporation North 23 degrees 00 minutes 31 seconds West a distance of 66 feet to a concrete monument found at a corner of Fox Hall West Subdivision thence along the line of lands of Fox Hall West Subdivision North 41 degrees 32 minutes 16 seconds East a distance of 1,603.71 feet to a concrete monument found at a corner of Fox Hall West Subdivision in the southwest line of County Road 104 thence along said line South 49 degrees 45 minutes 38 seconds East a distance of 104.6 feet to the point of beginning. Containing 4.9451 acres, more or less.

2. The above described property shall be annexed into the City of Dover with a zoning classification of R-15 in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.

3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.

4. That the effective date of this resolution shall be the 11th day of April, 1989 at 12:01 a.m. o'clock.

ADOPTED: April 10, 1989

PARKS AND RECREATION COMMITTEE REPORT

The Parks and Recreation Committee met on March 28, 1989 with Mrs. Legates presiding.

Request to Waive Ordinance to Permit 125 HP Motor on Silver Lake

The committee considered a request from Wayne Morris to Waive the ordinance that restricts the use of boat motors to no more than 115 horsepower. Mr. Morris is in the process of purchasing a 17 or 18 foot boat, made by Bayliner for the pleasure of skiing on Silver Lake. Bayliner makes their own engines and only offers an 85 hp motor, 125 hp motor, and 150 hp motor. Mr. Morris informed the committee that Shore's Marina will certify that the Bayliner 125 hp motor will not put out more than 115 hp by utilizing governors to restrain the power output.

In a letter to the committee, Mayor Richter suggested that the City should eliminate the 115 hp limit for Silver Lake and instead should introduce speed and operating rules.

In reviewing the request, the committee felt that 115 hp is reasonable for a lake the size of Silver Lake. It was felt that the City must draw a line for maximum horsepower allowance on the lake and must adhere to the rule, with no exceptions.

The committee recommended that the request be denied.

Mrs. Legates moved that the request to increase the horsepower allowance on Silver Lake be denied, seconded by Mr. Weyandt and unanimously carried.

Recreation Survey - Dover High School

By invitation of journalism students of Dover High School, City recreation staff met with students to discuss recreational opportunities for local teens. Dover High School conducted a school-wide survey and this information was passed on to the City. City staff feels that considerable information was gleaned from the survey and suggested a course of action to implement a recreation plan for Council review.

The committee recommended that staff continue their efforts in this direction and that the plan be presented to Council when it is completed.

Mr. Christiansen suggested that the Caesar Rodney High School students, that also live within the City of Dover limits, be included in the recreation plan and contacted for their suggestions and ideas.

Capital Improvement Plan - Review of Parks and Recreation Sections

The committee reviewed the Community Services/Recreation Section, as outlined on pages 3 - 13 of the 1989-1994 Capital Improvement Plan.

The committee recommended acceptance of the Community Service/Recreation Sections of the 1989-1994 Capital Improvement Plan.

Referring to page 8 of the Plan (Replace Multi-Purpose Room Parquet Floor in Recreation Center), Mr. Weyandt stated that the amount of traffic in the recreation facility warrants an upgraded floor. The Plan calls for an epoxy floor at a cost of $3,500.

Mrs. Legates moved for approval of the Community Service/Recreation Section of the 1989-1994 Capital Improvement Plan, seconded by Mr. Daisey.

Mr. Weyandt moved to amend the motion, allowing the expenditure for the recreation center floor to be increased from $3,500 to $8,500 so that a higher grade of flooring can be installed. The motion was seconded by Mrs. Legates and unanimously carried.

The original motion was unanimously carried.

Mr. VanSant moved for approval of the Parks and Recreation Committee Report as submitted, seconded by Mr. Weyandt and unanimously carried.

LEGISLATIVE AND FINANCE COMMITTEE REPORT

The Legislative and Finance Committee met on April 3, 1989 with Chairman Weyandt presiding.

Appointment of Auditors for FY 1988/89

Requests for proposals for audit services for the current fiscal year were sent out by the Finance Department. Three firms were selected for interviews which were conducted by Councilmen Weyandt, Lynn and VanSant. Based upon the technical evaluation, interviews and fees, the firm of Faw Casson & Co. , was recommended. Although two of the firms quoted the same fee, it was felt that only one of the firms had the necessary experience for audit of the Power Plant divisions.

The committee recommended that Faw Casson & Co. be appointed as the City's auditors for the fiscal year 1988-89 for a fee of $19,000, with an option to renew the appointment for the fiscal year 1989-90 at a fee of $20,000 and for the fiscal year 1990-91 at a fee of $21,000.

Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Daisey and unanimously carried,

Dover Arts Council - Request for Start-up Funding

The Dover Arts Council requested $1,500 in start-up funding for their newly created organization. The funds will be used to support activities of the Dover Arts Council, which is a department of the City, during the current fiscal year. They hope to receive 50% funding by the City in the next fiscal year, with the remaining funds to come from fund-raising and grants.

The committee reviewed a breakdown of the proposed use of the $1,500 funding and recommended approval of the request.

Mr. Weyandt moved to grant start-up funding in the amount of $1,500 from the current fiscal year for the Dover Arts Council. The motion was seconded by Mr. Lynn and unanimously carried.

Delaware State News - Request for Earlier Release of Press Packet

A request was received from the Delaware State News for earlier release of their committee press packet. A motion was approved by Council on September 28, 1987 to provide committee press packets on the Monday following distribution of the packets to members of Council. The time lapse was initiated to allow sufficient time for Council to review the contents of the packet before being called upon by the press to answer questions or make public statements concerning packet material.

The City Clerk reported that in accordance with the Freedom of Information Act, the press has a right to review the information, and if requested, copies must be made available within a reasonable amount of time. They can be charged for the copies, although the City has always provided press packets free of charge.

During committee discussions, some members of Council expressed concern with the press calling on Council members to make public statements on agenda issues before they have an opportunity to review the information which is supplied by staff in the committee packets.

After discussing the matter at length, motions were defeated by the lack of a second, and no further action was taken by the committee.

Mr. Hall stated his feeling that the packets should be made available to the press as soon as they are available to Council.

Mr. Hall moved that packets be made available to the press by Friday afternoon, seconded by Mr. Lynn.

Mr. VanSant reminded Council that the original motion to hold packets until the Monday preceding the meeting was approved because of the need to provide members of Council sufficient time to review the contents of the packets before answering to the news media on scheduled issues. Copies of all agendas are made available immediately to the press and they, therefore, have advance notice of all issues scheduled for discussion. He stated that Council should have an opportunity to review the details of an issue before being asked for a public comment. He also wondered why only one member of the news media needs this information when the seven other members receiving packets have no problem with Monday distribution.

Mayor Richter stated that approval of distribution of packets on Monday was a compromise that was agreed to by members of Council. Also, the schedules of committee meetings have changed since the original approval, so that there are times when packets are not available until Monday for a meeting that is scheduled for that evening.

Mr. Levitt stated his opinion that the press packet is an avenue of keeping the public informed of current issues. He stated his feeling that the press and the public has a right to the information.

If press packets are made available on Friday, Mr. Weyandt suggested that the media utilize the information to glean the public's opinion on upcoming issues, feeling that this information would be very useful to members of Council and would be of interest to the general citizenry.

Mr. Lynn and Mr. Christiansen also voiced support for the motion to make press packets available on Friday.

Mrs. Legates agreed that the public certainly has a right to know what is going on with their local government. She reminded Council, however, that issues being discussed at the committee level are not voted upon until they are brought before Council with a recommendation. She felt that the press and the public has ample opportunity to review issues before they are voted on by Council.

Mr. Hall called for the question on the motion to distribute press packets on Friday afternoon. The motion was approved by a vote of six (6) yes, two (2) no (Mr. VanSant and Mrs. Legates).

Disposition of Undistributed Tax Proceeds

When conducting property tax sales for delinquent taxes, there are instances when the sale of the property exceeds the tax obligation. State statute requires that the excess funds be surrendered to the owner of the property.

Despite diligent attempts, in some cases the owners could not be located and the funds have been maintained in a separate account as prescribed by 9 Del. C Section 8779.

Upon conferring with the City Solicitor on this matter, the Assessor recommended that the committee endorse the Solicitor's suggestion to attempt to have the State statute amended by adding the following sentence. "if the funds remain unclaimed for a period of two years from the date of deposit of the same, then at the end of this two year period, it shall automatically escheat to the taxing authority to become part of the General Fund of the taxing authority."

The committee recommended that the City Solicitor prepare a proposed amendment to the State statute and that our representatives be asked to introduce the amendment to the General Assembly for passage.

Feeling that the money involved is rather minor, Mr. Hall was hesitant to ask our local legislators to approve the request, feeling that it could jeopardize future requests of the City.

Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.

Demolition Expenses

Pursuant to Council action, two structures have been ordered demolished. Should the owner fail to comply, the Department of Inspections will have the structures demolished and the costs of demolition will be charged as a municipal lien against the land on which the buildings exist. Estimates have been received for demolition of the properties, with the low estimate of $7,500 for 102 S. Kirkwood Street and a low estimate of $3,000 on the property located at 38 Slaughter Street.

The committee was informed that the Department of Inspections has only $3,000 budgeted for demolition expenses and will need an additional $7,500.

The committee recommended that the City fund the additional $7,500 needed by the Department of Inspections to have the two structures demolished.

Referring to the next fiscal year budget, Mr. Christiansen asked how many structures are anticipated for demolition and if they have been budgeted in the FY 89/90 budget. Mr. Cregar stated that there are at least four properties that require demolition. However, since each property must be individually considered by Council, it is impossible to give a firm number. Budgetary considerations will be made during upcoming budget hearings.

Mr. Weyandt informed Council that the Community Development Department may be able to assist the Department of Inspections in funding some of the demolitions.

Mr. Weyandt moved that the City fund the additional $7,500 needed by the Inspections Department to leave the two structures demolished, seconded by Mr. Lynn and unanimously carried.

Draft Zoning Ordinance - Commercial/Professional Office Zoning Class

A draft copy of the proposed new zoning district (C/PO) was submitted by the City Planner and explained in detail to the committee. Approval of the new zoning category will require amendments to other areas of the Zoning Code.

Noting the importance of the proposed draft ordinance, the committee felt that another meeting should be scheduled for review of the proposed ordinance by members of Council, Planning Commission and interested citizens.

The committee recommended that a meeting be scheduled sometime during the month of April to provide an opportunity for review of the proposed ordinance. It was also recommended that the moratorium on RG-0 zonings in residential areas be extended until August 16, 1989.

Mr. Weyandt moved for approval of the committee's recommendation to schedule a meeting on April 19, 1989 for review of the proposed zoning ordinance, seconded by Mr. Lynn and unanimously carried.

Regarding the extension of the moratorium, Mr. Weyandt stated that there is a possibility that an agreement on the ordinance can soon be reached since a meeting is scheduled for April 19th.

Mr. Weyandt moved that if it is agreed, during the April 19th meeting, that the draft zoning ordinance is satisfactory, then the moratorium on RG-0 zonings in residential areas can be lifted as soon as the new ordinance is implemented. The motion was seconded by Mr. Lynn.

Noting that no definitive date was stated in the motion, Mr. VanSant moved to amend the motion to state that the moratorium not extend beyond June 30, 1989, seconded by Mr. Lynn. The amendment failed by a voice call vote.

Mr. Levitt called for the question on the original motion which was approved by a unanimous voice call vote.

Sale of Land on Whiteoak Road - State of Delaware

As part of the Route #13 By-Pass Project, the State of Delaware will acquire a small portion of the property owned by the City of Dover, situated on the north side of Whiteoak Road. The parcel is zoned RG-3 and it appears that it would retain the same potential for RG-3 development as before the sale. The State has assured that ingress and egress will not be restricted in any way. An offer has been made of $2,000 for the acquisition of 3,929.11 square feet (0.0902 acre), based upon the appraised value of the parcel.

The committee recommended that the parcel of land on Whiteoak Road be sold to the State of Delaware for the appraised value of $2,000.

Mr. Weyandt moved for approval of the committee's recommendation that the parcel on Whiteoak Road, containing 0.0902 acres, be sold to the State of Delaware for the appraised value of the parcel, stipulating that the proceeds go to the parkland acquisition account. The motion was seconded by Mr. Christiansen and carried by a unanimous roll call vote.

Proposed Charter Amendment - Relinquishment of Current Council Position to Run for Alternative Council Seat

Councilman Christiansen proposed an amendment to the Charter to require a current Council member to relinquish their seat to run for an alternative Council seat. Such an amendment would negate the need of holding a special election in the event that a remaining term exists for a Council member that is successful in their quest for an alternative Council seat.

Upon referral to the Solicitor, Mr. Rodriguez stated in a letter to Mr. Weyandt that this situation is not covered in the current Charter. Although the possibility suggested by Mr. Christiansen exists, Mr. Rodriguez stated that it seemed that this would rarely occur. If, however, such a circumstance did occur, a special election could be required. An amendment, as suggested by Mr. Christiansen, would require a Charter amendment which initially should be passed by ordinance of Council and then submitted to the General Assembly for passage.

The committee made no recommendation on the matter.

No further action was taken by Council.

Quarterly Uncollectibles - Ambulance

The committee reviewed the quarterly uncollectible ambulance bills and recommended the endorsement of writing off the uncollectible bills, totaling $1,628.

Mr. Weyandt moved to approve the endorsement of writing off the uncollectible bills, totaling $1,628, seconded by Mrs. Legates and unanimously carried.

Quarterly Uncollectibles - Electric

An error was discovered in the quarterly uncollected electric bills. The list will be revised and submitted at the next committee meeting.

CAPITAL IMPROVEMENT PLAN

The committee reviewed the General Government section of the 1989-1994 Capital Improvement Plan, as outlined in pages 14 - 29.

The committee reviewed all projects in detail. The only change recommended was on page 26 - Replacement of Copier. The replacement was originally scheduled for the 1991-92 budget at a cost of $6,500. However, both copiers in City Hall are broken and are extremely over-used. The committee recommended that this expenditure be moved to the 1989-90 fiscal year budget at a cost of $10,000. This will allow the purchase of a heavy-duty copier for the majority of City Hall needs. The smaller copier can then be moved to the Customer Service area to more efficiently serve our customers.

Mr. Weyandt moved for approval of the General Government Section of the 1989 1994 Capital Improvement Plan, stipulating that the purchase of the City Hall copier be moved to the 1989-90 fiscal year budget at a cost of $10,000. The motion was seconded by Mr. Lynn and unanimously carried.

By motion of Mr. VanSant, seconded by Mr. Lynn, Council unanimously accepted the Legislative and Finance Committee Report as submitted.

BID - 1989 SIDEWALK PROGRAM

A bid on the 1989 Sidewalk Program was considered during the last Council Meeting, when only five members of Council were present. A motion to approve the bid failed due to a four (4) to one (1) vote. The Solicitor has determined that an affirmative vote requires a majority of those elected to Council. Eight members of Council are elected, requiring five (5) affirmative votes.

Noting the absence of three members of Council during the vote, Mr. VanSant moved that the bid be reconsidered, seconded by Mrs. Legates.

Mr. VanSant moved that the 1989 Sidewalk Program be awarded to Art Concrete in the amount of $44,258.15, seconded by Mr. Lynn.

In explanation of his former negative vote, Mr. Christiansen stated that he hopes the quality of work will improve with the new contractor.

On a call for the question on the motion by Mr. VanSant, the motion to award the 1989 Sidewalk Program to Art Concrete in the amount of $44,258.15 was approved by a roll call vote of seven (7) yes, one (1) no (Mr. Christiansen).

ADMINISTRATIVE COMMITTEE REPORT

Several months ago, Council appointed a committee to review the structure of the City of Dover government. A copy of the Administrative Committee Report has been distributed.

Mr. Lynn moved for referral of the report to the Legislative and Finance Committee, seconded by Mr. Hall and unanimously carried.

REZONING REQUEST - MCKEE AND COLLEGE ROADS - H. BAXTER AND MARY MCKEE

A request was received to rezone property located on the northwesterly side of the intersection of McKee Road and College Road, owned by H. Baxter and Mary McKee. Prior to amending the zoning map and zoning ordinances of the City of Dover, a public hearing is required.

By motion of Mr. VanSant, seconded by Mr. Weyandt, Council unanimously 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 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 on the northwesterly side of the intersection of McKee and College Roads, are 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 June 12, 1989 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to R-10 that property located on the northwesterly side of the intersection of McKee and College Roads, owned by H. Baxter and Mary E. McKee.

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

ADOPTED: April 10, 1989

REZONING REQUEST - HORSEPOND ROAD - ELMA WILCUTTS

An administrative request has been received to rezone property located on the southerly side of Horsepond Road, containing approximately 3.4 acres, owned by Elma Wilcutts. Prior to amending the zoning map and zoning ordinances of the City of Dover, a public hearing is required.

By motion of Mr. VanSant, seconded by Mr. Weyandt, Council unanimously adopted the following Resolution and referred the request to the Planning Commission:

WHEREAS, certain lands located on the southerly side of Horsepond Road are presently zoned for IPM 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 June 12, 1989 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from IPM to R-8 that property located on the southerly side of Horsepond Road, owned by Elma Wilcutts.

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

ADOPTED: April 10, 1989

REZONING REQUEST - PROPERTY NW OF MAYS LANE, WEST OF JANES ROAD - JAMES G. KOCH A request was received to rezone property located northwest of Mays Lane, west of Janes Road, owned by James G. Koch. Prior to amending the zoning map and zoning ordinances of the City of Dover, a public hearing is required.

By motion of Mr. VanSant, seconded by Mr. Weyandt, Council unanimously adopted the following Resolution and referred the request to the Planning Commission:

WHEREAS, certain lands located northwest of Mays Lane, west of Janes Road, are presently zoned for IPM 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 June 12, 1989 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from IPM to R-8 that property located northwest of Mays Lane, west of Janes Road, owned by James G. Koch.

2. That not ice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED: April 10, 1989

CENTRAL DOVER AREA PLAN

The final report of the Central Dover Area Plan has been submitted by Urban Partners and Kise Franks Straw. A public hearing was held on April 5, 1989. Mr. Weyandt moved to acknowledge receipt of the report, seconded by Mr. Lynn and unanimously carried.

Mayor Richter stated that formal action on certain aspects of the report will be taken at a later date.

Mr. VanSant clarified a newspaper article stating that the report suggests establishment of a minority housing area. He stated that he has not read such a suggestion in the report.

CORRESPONDENCE

Current Status of Constitution Park - Dr. Howard E. Row

A letter was received from Dr. Howard Row informing that the three plaques at Constitution Park have been recast and are now in place. The lighting system has been redesigned and new fixtures installed. Final adjustments will be made by the electrician for proper illumination of the quill. A deadline of April 14th has been set for the landscaping. The park should be completed prior to the celebration of Old Dover Days.

Mr. Weyandt moved to acknowledge receipt of the letter, seconded by Mrs. Legates and unanimously carried.

Request for Water and Sewer Utilities - Mishoe Towers, Inc. - College Road

A request was received from Luna I. Mishoe, II, for water and sewer utilities, without annexation into the City of Dover, for Mishoe Towers, Inc. which is located on State College Road.

Mr. VanSant moved for referral to the Utility Committee, seconded by Mr. Christiansen and unanimously carried.

Forward Central Delaware Committee - Request for Appropriation of Funds

Forward Central Delaware submitted a letter informing Council that a $500 pledge was received from the City of Milford which the City of Dover will match from its FY 1989 budget. In light of their unsuccessful efforts to obtain funding from other towns, it was requested that the City of Dover approve a grant of $5,000 for FY 1990 to Forward Central Delaware, which will be matched by the Central Dover Chamber of Commerce, as well $20,000 from Kent County Levy Court, $16,800 from the State of Delaware, and funds from approximately 70 Kent County and State businesses.

Mr. Weyandt moved for referral to the Legislative and Finance Committee, seconded by Mr. VanSant and unanimously carried.

Mr. VanSant moved for adjournment into Open Forum and then into executive session to discuss personnel and legal matters. The motion was seconded by Mr. Weyandt and unanimously carried.

Meeting Adjourned at 8:45 P.M.

OPEN FORUM

Mayor Richter declared the open forum in 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.