REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 27, 1989 at 7:30 p.m. with Vice-Mayor Weyandt presiding. Members present were Councilmen Hall, Daisey, Legates, Lynn, Christiansen, Levitt, and VanSant. Mayor Richter 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 Reverend Ralph Kemmerlin, followed by the Pledge of Allegiance. A special prayer was given in memory of Reverend J.H. Williams who recently passed away. Reverend Kemmerlin also conveyed a prayer for City Police Officer Larry Smith who is recovering from an operation.
Chief Hutchison stated that Pfc. Smith, although listed in serious condition after the removal of a tumor, is recovering and should be discharged from the hospital within the next few weeks.
AGENDA ADDITIONS/DELETIONS
Mr. Christiansen requested the addition of item (#11A) to discuss the decision of Acme Market officials to close their downtown Dover store.
Ms. Bittner requested the addition of a Proclamation from Mayor Richter in recognition of World Day of Prayer (#4A).
Mr. VanSant moved for approval of the agenda as amended, seconded by Mrs. Legates and unanimously carried.
PROCLAMATION
The following Proclamation was read into the record by the City Clerk:
WHEREAS, the American Association of University Women was founded in the United Stated in 1881 and has existed in Dover, Delaware since 1939; and
WHEREAS, the American Association of University Women is an organization dedicated to education; and
WHEREAS, the American Association of University Women supports the advancement of women, involvement in community issues, and lifelong learning; and
WHEREAS, the American Association of University Women is committed to helping girls and young women discover and achieve their infinite potential; and
WHEREAS, the American Association of University Women celebrates its heritage in conjunction with National Women’s History Month.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER DO HEREBY PROCLAIM MARCH 5 - 11, 1989, AS:
AMERICAN ASSOCIATION OF UNIVERSITY WOMEN WEEK
in the City of Dover and urge all citizens to recognize the importance of this observance.
PROCLAMATION - WORLD DAY OF PRAYER
The following Proclamation was read into the record by the City Clerk:
WHEREAS, Word Day of Prayer, on Friday, March 3, 1989, marks its 102nd observance as people in Delaware join with Christians everywhere to pray for each other and for peace in the world; and
WHEREAS, to highlight the theme, “Jesus, Teach Us to Pray”, Church Women United in Dover will hold an all day Prayer Vigil in the Chapel of Wesley United Methodist Church, from 10:00 a.m. until 6:00 p.m., offering prayers and readings from the international service prepared for World Day of Prayer; and
WHEREAS, this special service is especially offered to those working downtown and to those that cannot get out during evening hours, to provide an opportunity for reflection, worship or meditation; and
WHEREAS, the main Celebration of World Day of Prayer will be held on March 3rd, beginning at 8:00 p.m. in Holy Cross Catholic Church.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim Friday, March 3, 1989 as World Day of Prayer in our City, urging all citizens to observe this day by participating by joining members of all faiths and creeds all over our nation in seeking divine guidance for ourselves, our leaders, and our country, and to reaffirm that we are truly one nation, indivisible, under God.
RESOLUTION - DRUG AND ALCOHOL ABUSE
By motion of Mr. Christiansen, seconded by Mr. Hall, Council unanimously adopted the following Resolution:
WHEREAS, the use and abuse of drugs and alcohol have become a major concern in the City of Dover, having an impact upon its crime rate, the health and welfare of its people, both young and old, and threatening the well-being of our community; and
WHEREAS, the future of our nation, our State, and the City of Dover depends upon the health and well-being of our youth; and
WHEREAS, local school districts are charged with the responsibility of educating our youth and the Capital School District has declared a philosophy of drug and alcohol abuse prevention through education; and
WHEREAS, the Capital School District and the City of Dover have pledged all available resources to the reduction and elimination of drugs in our community through vigorous enforcement and public education programs; and
WHEREAS, the City of Dover and the Capital School District have jointly recognized that successful programs of education, law enforcement, and treatment will ultimately lead to the prevention of alcohol and drug abuse by our youth and the ultimate elimination of its abuse as a major concern in our community.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council join the Capital School District in pledging their full support for a concerted program of alcohol and drug abuse prevention through education, treatment, and vigorous enforcement of the law within the City of Dover.
2. The Mayor and Council pledge their full support and efforts toward a drug free City of Dover through its own programs, and those of the Capital School District, for drug and alcohol prevention through education, treatment and enforcement of the law.
3. The Mayor and Council join the Capital School District in asking that citizens of Dover, both collectively and individually, make an effort to “Make a Difference” in this City’s war on drug and alcohol abuse by actively discouraging their use and by serving as positive role models for our youth.
4. The Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover.
ADOPTED: February 27, 1989
The Resolution was presented to Dr. Ed Goate’, Superintendent of Capital School District, who expressed appreciation to the City for joining their efforts in the ware against drugs.
RESOLUTION - REVEREND J. H. WILLIAMS
By motion of Mr. Lynn, seconded by Mr. VanSant, Council unanimously adopted the following Resolution:
WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the death of Reverend James Hazell Williams, who passed away on February 22, 1989; and
WHEREAS, Reverend Williams has preached the gospel of Jesus Christ in Maryland, Virginia, New Jersey, Pennsylvania, Washington, D.C., Delaware and Bermuda; and
WHEREAS, Reverend Williams dedicated his life to the service of God and his fellow man, giving guidance and inspiration to those in need, always demonstrating a willingness to place his concern for the public good ahead of his personal needs and interests; and
WHEREAS, in addition to the dedication to his clergy at Union Baptist Church, Reverend Williams was active in the community, having served as the official City of Dover Council Chaplain since August of 1973.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their deepest regret at the death of Reverend James Hazell Williams, who will be sorely missed by his congregation and by his many friends.
2. The Mayor and Council express their appreciation for the many years of dedicated service Reverend Williams devoted to the Mayor and Council and to the Dover community.
3. The Mayor and Council of the City of Dover direct the City Clerk of Council to make this Resolution a part of the permanent records of the City of Dover in recognition of the faithful and dedicated service of Reverend James Hazell Williams.
ADOPTED: February 27, 1989
The Resolution was accepted by Reverend Ralph Kemmerlin on behalf of Reverend Williams’ family.
BOND RESOLUTIONS - SERIES 1989 WATER/SEWER BONDS
On November 14, 1988, Council approved the concept of financing sewer improvements through a bond issue and appointed the Bond Counsel and Financial Advisor. The bond issue is planned for April 1989 and the Resolution authorizes $4,500,000, and will finance the following projects:
1) 4.8 MGD Sewage Pumping Station Fork Branch
and 24" sewer line along Mudstone Branch $1,965,000
2) 15" gravity sewer line to State College Road 668,000
3) Branch gravity sewer line to McKee Road 88,000
4) 18" gravity sewer - Mudstone Branch and 15"
gravity sewer line to Kenton Road 1,258,000
5) 8" gravity sewer line to Fire School Road 143,000
6) 8" gravity sewer line - McKee to Railroad tracks 77,000
Total Estimated Cost $4,199,000
The sources of funds to complete the Projects and the uses of such funds are projected to be as follows:
Sources of Funds
Proceeds of Bonds $4,050,000
Interest Earnings on Construction Fund 500,000
City Equity Contribution 225,000
Total Sources of Funds $4,775,000
Uses of Funds
Project Costs $4,199,000
Debt Service Reserve 393,170
Issuance Expenses (includes Underwriter’s
discount, Insurance and Issue Expenses) 178,333
Contingency 4,497
Total Uses of Funds $4,775,000
Two Resolutions were submitted for the following purposes: Resolution #1 - Amends the 1984 Master Resolution and provides for the issuance of parity bonds; Resolution #2 - Authorizes the issuance of series 1989 bonds and provides all the necessary information.
Mr. Karia, Finance Director, recommended adoption of the two Resolutions, as prepared and submitted by the City’s Bond Counsel, Potter Anderson & Corroon.
Responding to questions by Mr. VanSant, Mr. Bartolotta stated that special assessment projects are not included in the bond issue funds. A portion of the impact fees raised in future years will fund a portion of the debt service; rates and the transfer tax will fund the other portion. Mr. Bartolotta stated that out of a $500,000 debt service, approximately $95,000 will come from rates, with the remainder being spilt between transfer and impact fees, on a declining basis. i.e. each year the impact fee portion will increase, with the transfer tax contribution decreasing each year.
Mr. VanSant moved for adoption of the Resolution to amend the 1984 Master Resolution and providing for issuance of parity bonds. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote. (A copy of the official Resolution is on file in the Office of the City Clerk.)
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 13, 1989
The Minutes of the Regular Council Meeting of February 13, 1989 were approved by motion of Mr. Christiansen, seconded by Mr. Lynn and bore the written approval of Mayor Richter.
PUBLIC HEARING - SIDEWALK ASSESSMENT - SARAH MONTAGUE - 124 N. GOVERNORS AVENUE
In accordance with Section 28-C of the City Charter, a hearing was duly scheduled as requested by Sarah Montague for assessment of sidewalk repairs made in conjunction with the 1988 Sidewalk Program.
In a memorandum, staff explained that Mrs. Montague was informed by letter, dated April 9, 1988, that the work to be performed on her property included the pruning of roots on one tree at a cost of $190. The cost given was the bid cost for the item, to be completed in accordance with the project specifications. No further communication was received from Mrs. Montague and the work was included in the project. Mitten Construction completed the work of root pruning.
Vice-Mayor Weyandt declared the hearing open.
Mrs. Sarah Montague of 124 N. Governors Avenue addressed Council on the appeal of her sidewalk assessment. Mrs. Montague is not appealing the installation of the cement sidewalk, but rather is appealing the charge of $190 for the pruning of a tree root under the cement sidewalk. They simply sawed off a side of the tree with a chain saw, which was shown in a picture distributed by Mrs. Montague. She stated that it took them no longer than five minutes to complete the project. Since they did not prune the tree below the ground surface level, she feared that the roots would simply grow back under the cement and cause additional damage.
Mrs. Montague also stated that a portion of the sidewalk that should have been replaced was not, leaving a portion that is raised due to other tree roots which has caused an unlevel walkway.
Vice-Mayor Weyandt declared the hearing closed.
Mr. Bartolotta stated that the bid was let on a unit price basis of $190 for pruning tree roots, regardless of the amount of time involved in accomplishing the task. A complicated removal would cost the same amount of money as an easy project. Also, the homeowner had the opportunity to remove the roots on their own.
Concerning the idea of bidding the project on a time/material basis, Mr. Bartolotta stated that there could be extreme differences in cost and it would be very difficult to estimate costs to a property owner in the event they may wish to perform the job themselves.
Questioned by Council on why the one portion of the sidewalk was not replaced, Mr. Bartolotta stated that the City errs on the side of the homeowner if there is any doubt as to whether it should be replaced.
Mr. VanSant expressed concern that the City left a portion of the old sidewalk that is not level with the newly replaced sidewalk.
Based upon the questions of Council, Mr. VanSant moved that the matter be tabled for further investigation. The motion was seconded by Mr. Daisey and unanimously carried.
PUBLIC HEARING - SIDEWALK ASSESSMENT - JAMES KOZEL - 304 N. GOVERNORS AVENUE
In accordance with Section 28-C of the City Charter, a hearing was duly scheduled as requested by James Kozel for assessment of sidewalk repairs made in conjunction with the 1988 Sidewalk Program.
In a memorandum, staff explained that at the time the project notification occurred, the property located at 304 N. Governors Avenue, was owned by Rose Humphrey. The return receipt of notification was returned to the City on May 1, 1988, after being mailed on April 9, 1988, marked “unclaimed”. The work was completed by Mitten Construction during the summer. When notification of the assessment was mailed, it was forwarded to Mrs. Humphrey’s attorney in Florida. He returned the bill, stating that Mrs. Humphrey no longer owned the property. Council approved the sidewalk assessments on November 28, 1988. The property had been sold to Mr. James Kozel, with settlement occurring on December 16, 1988. The City had no records of any lien searches requested for this property within the last nine months.
Vice-Mayor Weyandt declared the hearing open.
There was no one present to speak on the sidewalk assessment appeal.
Vice-Mayor Weyandt declared the hearing closed.
Questioned by member of Council, the City Solicitor stated that the lien is upon the property and the assessment was properly recorded in the Municipal Lien Docket. The purchaser had the responsibility of searching all liens prior to purchase. Any discrepancies as to who is responsible is between the purchaser and the seller.
Mr. VanSant moved that the appeal be denied, seconded by Mrs. Legates and carried by a unanimous roll call vote.
PUBLIC HEARING - NON-COMPLIANCE OF DANGEROUS BUILDING ORDINANCE
During the month of December, the Department of Planning and Inspections notified four property owners that their buildings were in violation of the Dangerous Building Ordinance. The owners were given thirty (30) days to have the structures demolished. Only one of the four properties have been demolished. In accordance with the Dangerous Building Ordinance, public hearings were scheduled by Council for February 27, 1989 to provide the property owners an opportunity to appear and show cause why the building should not be demolished. All requirements of the Dangerous Building Ordinance have been met by the City in order to mandate condemnation of the structure. Photographs were taken of each structure and were presented by way of a slide presentation.
102 S. KIRKWOOD STREET - “THE RITZ”
The building located at 102 S. Kirkwood Street was purchased by Mr. Frank Luby from Kent County upon a judgement by the Kent County Receiver of Taxes on February 13, 1986. Inspection of the property by the Building Inspector and Fire Marshal revealed that the buildings located on the property are in violation of the Dangerous Building Ordinance, the BOCA Building Code, the BOCA Plumbing Code, the Mechanical Code, Fire Code, Health and Sanitation Code and the Zoning Code.
There are two structures on the property, one being known as “The Ritz” and another small structure known as “The Little Hut”. The Ritz building is stacked floor to ceiling with various pieces of furniture, appliances and salvage materials, creating a severe fire hazard, and the building is infested with rodents.
On February 23, 1989, Mr. Luby presented a letter stating, “I signed an agreement to sell the property at 102 Kirkwood Street to Mr. Jack Melvin. Mr. Melvin and Mr. Hobbs are the owners and operators of Delaware Lumber and Mill Work, which is adjacent to The Ritz site. Mr. Melvin has no need for the building and has plans to demolish as soon as settlement is made. Settlement is not until June 1, 1989 or sooner.” A real estate sales contract was attached to the letter which specifies that any improvements on the property are to be removed by the purchaser, and that purchase is conditioned upon the purchaser s obtaining rezoning of adjacent lots to the south of this property. Mr. Cregar explained that Mr. Hobbs and Mr. Melvin intended to purchase other properties to make one large parcel for future expansion of their lumber yard. However, a very recent conversation revealed that the deal was not successful and they informed Mr. Cregar that they are no longer interested in purchasing The Ritz.
The demolition of the structures would cause no displacement of persons from the building. Regardless of the potential of sale of the property, it was Mr. Cregar’s recommendation that the structures be demolished, that the debris be removed, and any excavated areas filled with clean fill and compacted and restored to original grade. Further, if Mr. Luby fails to demolish the property in thirty (30) days and fails to bring it into compliance, it is recommended that the buildings be demolished, and with the assistance of the City Solicitor, cause the cost of the demolition to be charged against the land on which the building exists as a municipal lien.
Mr. Luby informed Mr. Cregar that he could not be present for the hearing.
Vice-Mayor Weyandt declared the hearing open.
Mr. Wallace R. Dixon of 942 Bedford Drive submitted a letter from the Interdenominational Ministers of Dover supporting a decision to demolish the structure at 102 S. Kirkwood Street. A petition containing 77 signatures was also submitted supporting demolition of the structures. Mr. Dixon stated that the support is issued in conjunction with the City’s efforts to clean up this area of the City.
Vice-Mayor Weyandt declared the hearing closed.
Mr. Lynn moved for acceptance of the Building Inspector’s recommendation, as follows:
That the structures be demolished, that the debris be removed, and any excavated areas filled with clean fill and compacted and restored to original grade. Further, if the owner fails to demolish the property in thirty (30) days and fails to bring it into compliance, it is recommended that the buildings be demolished, and with the assistance of the City Solicitor, cause the cost of the demolition to be charged against the land on which the building exists as a municipal lien.
The motion was seconded by Mr. Daisey and carried by a unanimous roll call vote.
38 Slaughter Street
The building located at 38 Slaughter Street is owned by Charles Marshall, Shadrock Marshall and Gwendolyn Marshall, the surviving children of Glennie George Marshall. The property was inherited by the children in May 1986. In discussions with Gwendolyn Marshall, she stated that she wished to restore the property since it was her family’s homestead. Charles Marshall contacted the Building Inspector on February 7, 1989, informing of his return to Dover and his wishes to restore the property. Mr. Cregar requested that Mr. Marshall submit a letter stating the proposed method of repair, a material list, and a time-table for repairs to be completed. At this time, no letter has been received.
The property and buildings are in violation of the Dangerous Building Ordinance, the BOCA Building Code, the BOCA Building, Plumbing, and Mechanical Code, Fire Code, Health and Sanitation Code, the Housing Code and the Zoning Code. Inspection revealed that it appears as though the structure is being used for some type of habitation.
In inspecting the structure, the Building Inspector found that the structural members lean and buckle to an extent that the building has improperly distributed loads upon the floor and roof. The foundation under the south side is completely gone and the building has insufficient strength to be reasonably safe to be inhabited. The building has become so dilapidated, decayed and unsanitary, that it can no longer provide the amenities essential to decent living and the structure is unfit for human habitation.
On February 21, 1989, a letter was received from Gwendolyn Marshall requesting additional time for repairs.
The demolition of the structure will cause no displacement of persons from the building.
It was recommended by Mr. Cregar that the structure be demolished, the debris removed, any excavated areas filled and compacted and restored to original grade. Further, if the owner fails to demolish the property in thirty (30) days and fails to bring it into compliance, it is recommended that the buildings be demolished, and with the assistance of the City Solicitor, cause the cost of the demolition to be charged against the land on which the building exists as a municipal lien.
Vice-Mayor Weyandt declared the hearing open.
There being no one present to speak for or against the proposed demolition, Vice-Mayor Weyandt declared the hearing closed.
Mr. VanSant moved for approval of Mr. Cregar’s recommendation, as follows:
That the structures be demolished, that the debris be removed, and any excavated areas filled with clean fill and compacted and restored to original grade. Further, if the owner fails to demolish the property in thirty (30) days and fails to bring it into compliance, it is recommended that the buildings be demolished, and with the assistance of the City Solicitor, cause the cost of the demolition to be charged against the land on which the building exists as a municipal lien.
The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.
Responding to questions by Mr. Hall on procedures and cost of demolition, Mr. Cregar stated that all of the properties are not free of other liens. In the event that the City has the properties demolished, the only recourse for recouping fees is through placement of a lien against the property.
620 River Road
The Building Inspector reported that his office has had no direct contact with the owner, Mr. Bernard Baker, except for acknowledgment of returned receipt of letters mailed to him. Mr. Baker’s nephew, Gerald S. Curd of 439 Collins Drive, sent the City a letter requesting that the property be removed from the list of dangerous buildings so that he might begin the process of making the necessary repairs to make the house habitable. Mr. Cregar contacted Mr. Curd on January 4, 1989 to explain the necessary procedures for repair. At that time, Mr. Curd stated that his grandmother had been given the power of attorney to act in behalf of Mr. Baker, who is stationed in Hawaii. Mr. Curd was asked to forward a letter to the City stating his interest in the property, methods of repair, material list, and time period for completion of repairs. It was also requested that some form of acknowledgment be forwarded on the power of attorney for Mr. Baker. As of this date, no letter has been received.
The property located at 620 River Road violates the Dangerous Building Ordinance, the BOCA Building, Plumbing and Mechanical Codes, Fire Codes, Health and Sanitation Codes and the City’s Housing Codes.
The carport, attached to the principal building, has improperly distributed loads causing insufficient strength to the supporting members, creating an unsafe structure. All of the glass has been broken out of the house, with the house being exposed to the elements. It appears as though the storage area in the carport is being used as a shelter for some type of human habitation.
Demolition will cause no displacement of persons from the building.
It is recommended by the Building Inspector that the structure be demolished, that the debris be removed, and any excavated areas filled with clean fill and compacted and restored to original grade. Further, if the owner fails to demolish the property in thirty (30) days and fails to bring it into compliance, it is recommended that the buildings be demolished, and with the assistance of the City Solicitor, cause the cost of the demolition to be charged against the land on which the building exists as a municipal lien.
Vice-Mayor Weyandt declared the hearing open.
Mr. Harold Curd, Jr. and Mr. Gerald Curd of 439 Collins Drive requested that an extension for repairs be granted. They explained that although their grandmother had power of attorney for Mr. Baker, it was discovered that it had expired. They have since contact Mr. Baker who is residing in Hawaii and a new power of attorney was executed for Gerald Curd.
Answering questions of Council, Mr. Harold Curd explained that they have not submitted the information to the Building Inspector because they first needed to obtain the new power of attorney. They intended to obtain estimates for repairs from a private contractor but felt they should wait to see if City Council would approve their request for an extension. Regardless of the cost for repairs, they stated that they intend to repair the property since it was their grandmother’s home.
Questioned by Mr. Christiansen, Mr. Gerald Curd stated that he did not understand that they could begin work until after the hearing of Council. Responding to Mr. Levitt, Mr. Cregar stated that although there are structural deficiencies on the carport, the home could be rehabilitated by a professional. However, the building should be secured immediately with the windows being replaced or boarded.
Mrs. Doreina Miles of 517 Buckson Drive stated that although she does not know the two gentlemen that spoke, she is familiar with the property located at 620 River Road. There is insufficient housing available in the Dover area. Although she feels that every effort should be made to clean up our city to make it a safe place for its residents, Ms. Miles suggested that Council should allow citizens the opportunity to renovate their homes if at all possible.
Vice-Mayor Weyandt declared the hearing closed.
Mr. Daisey moved that the matter be tabled and that the request for an extension be granted until March 27, 1989, stipulating that the structure be immediately secured, and that all necessary plans be submitted to the Building Inspector for review prior to March 27, 1989. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.
MONTHLY REPORTS - JANUARY
By motion of Mr. VanSant, seconded by Mr. Lynn, Council approved the following monthly reports:
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
Referring to the budget of the Planning Commission, Mr. Lynn stated that only 22% of their budget has been expended. In conjunction with the many new members of the Planning Commission, Mr. Lynn suggested that money be expended to provide educational and training programs.
Mr. Cregar stated that this suggestion has been made by many members of Council and a program is currently being devised.
RESULTS OF ANNEXATION REFERENDUM - 299 STATE COLLEGE ROAD
The City Clerk reported that an annexation referendum was held on February 16, 1989 for property located at 299 State College Road. As certified by Kent County election officials, one vote was cast in favor of annexation, with no votes cast against annexation.
Mr. VanSant moved for acceptance of the results of the annexation referendum, seconded by Mr. Christiansen and carried by a unanimous roll call vote.
Mr. VanSant moved for acceptance of annexation of the property into the City limits, seconded by Mr. Lynn and by a unanimous roll call vote, Council adopted the following resolution:
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 and 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:
All those two certain lots, and parcels of land and premises situated in East Dover Hundred, Kent County and State of Delaware; and lying on the northerly side of the public road known as College Road leading from the DuPont Boulevard to Chestnut Grove School House by way of the Delaware State College adjoining lands now or formerly of Olin Curry, each of said lots having a front on said public road of fifty (50) feet and extending back therefrom between parallel lines a distance of two hundred (200) feet, the two lots containing twenty thousand (2,0000) square feet of land, be the same more or less, and being lots #145 and #146 as laid out on a plot of lands of record on the Office of the Recorder of Deeds at Dover, in and for Kent County, in Deed Record Book C, Volume 42, page 295.
2. The above described property shall be annexed into the City of Dover with a zoning classification of RG-3 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.
5. That the effective date of this resolution shall be the 28th day of February, 1989 at 12:01 a.m. o’clock.
ADOPTED: February 27, 1989
CLOSING OF DOWNTOWN ACME STORE - COUNCILMAN CHRISTIANSEN
Upon reading of the intended closing of the downtown Acme store, Mr. Christiansen personally contacted Acme Market officials, finding them to be insensitive of the plight of people that rely on the facility in downtown Dover and to future plans of the City for this area. The decision of Acme Market officials to forbid the opening of another grocery store at this site upon the closing of Acme, is not only insensitive to the needs of our city, but also severely undermines the City’s efforts to revitalize the downtown Dover area.
Mr. Christiansen moved that the City Clerk be instructed to write a letter to Acme officials, asking them to reconsider their decision to not permit another grocery store to be located at this site when they have closed the Acme Market, citing reasons of economic hardship and inconvenience to the residents of the area and the City’s efforts towards downtown revitalization. The motion was seconded by Mr. Daisey.
Mr. VanSant stated that he would support the motion, but expressed concern with a single member of Council unilaterally dealing with the situation, noting that a letter had already been sent by Mayor Richter.
Mr. Christiansen explained that he personally utilizes the downtown grocery store. His concern was relayed to Acme market officials as a citizen, that is also a member of Council, and his concern is for fellow citizens as well as for the City of Dover.
On a call for the question by Mr. Lynn, the motion was carried by a unanimous roll call vote.
UTILITY COMMITTEE REPORT
The Utility Committee met on February 14, 1989 with Chairman VanSant presiding.
Annexation Request - Joe Burden - College and Kenton Roads
The committee considered a request for annexation of property owned by Joseph and Georgianna Burden, located on Kenton Road at the College Road intersection. Water service is currently available and the sewer main could be extended to the property from College Road. The sanitary sewer line would only be extended to the Burden property, but could readily be extended to the four other adjacent properties upon annexation. The total cost of the project would be reimbursed by the Burdens and the other four property owners, although assessment to the other four properties would be deferred until such time as the properties are incorporated into the City limits. Based upon 110' frontage of the Burden property, their assessment is estimated at $7,000 which can be paid over a ten year period. In addition, they would be charged a tapping fee of $2,400 which would be due upon request of the tap.
It was recommended by the committee that an annexation referendum be held for the Bur