Regular City Council Meeting
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Jun 11, 1984 at 12:00 AM

REGULAR MEETING

June 11, 1984

The Regular Meeting of Council was held on June 11, 1984 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Tudor, Boaman, Bulley, Christiansen, Witt and Weyandt. Mr. Shevock was absent.

The invocation was given by Vice-Mayor Charles L. Witt, during which time a moment of silence was observed in memory of Pfc. Carlton E. Phillips, Jr. of the City of Dover Police Department.

AGENDA ADDITIONS/DELETIONS

Mr. Witt requested an additional agenda item to report on bills now pending in legislature.

In relation to Mr. Witt’s request, Mayor Carroll advised Council of receiving a letter from the League Office that contributes pertinent information on the subject.

Mr. Boaman requested an executive session to discuss personnel matters immediately following adjournment.

Council unanimously approved the agenda as amended.

RESOLUTION - Pfc. CARLTON E. “GENE” PHILLIPS, JR.

By motion of Mr. Witt, seconded by Mr. Christiansen, Council adopted the following resolution:

WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the untimely and unexpected death of Patrolman First Class Carlton E. “Gene” Phillips, Jr., an employee of the City of Dover Police Department who was killed in a fatal accident on June 7, 1984; and

WHEREAS, Carlton E. Phillips, Jr. began his employment with the City of Dover Police Department on September 15, 1969 where he had been assigned to the Traffic Unit for the entirety of his career; and

WHEREAS, Carlton E. Phillips, Jr. had served on the Police Pension Board, was past President of the Fraternal Order of Police, Lodge #3, and helped initiate and bring about collective bargaining to the Police Department thereby serving on the first bargaining committee and several committees thereafter; and

WHEREAS, Carlton E. Phillips, Jr. will be deeply missed by the many friends he made through his work, through his association with the F.O.P. and by his fellow employees.

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

1. That the Mayor and Council express their regret at the depth of Carlton E. “Gene” Phillips, Jr. who departed this life on June 7, 1984.

2. That the Mayor and Council extend their deepest sympathy to his wife, Louisa, and his family.

3. That the Mayor and Council extend their appreciation for the dedicated service Carlton E. Phillips, Jr. devoted to the City of Dover Police Department.

4. That 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 loyal service of Carlton E. Phillips, Jr.

ADOPTED: June 11, 1984

RESOLUTION - BRICE E. VANDERWENDE - EMPLOYEE OF PUBLIC WORKS DEPARTMENT

By motion of Mr. Witt, seconded by Mr. Christiansen, Council adopted the following resolution:

WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the untimely and unexpected death of Brice E. Vanderwende, an employee of the City of Dover, who was killed in a fatal accident on May 24, 1984; and

WHEREAS, Brice E. Vanderwende faithfully served the City of Dover in the Building and Grounds Division since February 12, 1972; and

WHEREAS, Brice E. Vanderwende will be deeply missed by his many friends and fellow employees 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 Mayor and Council express their regret at the death of Brice E. Vanderwende and extend their deepest sympathy to his family.

2. That the Mayor and Council extend their appreciation for the many years of dedicated service Brice E. Vanderwende devoted to the City of Dover.

3. That the Mayor and Council of the City of Dover direct the City Clerk of the Council to make this Resolution a part of the permanent records of the City of Dover in recognition of the faithful and loyal efforts of Brice E. Vanderwende.

ADOPTED: June 11, 1984

RESOLUTION - FORMER COUNCILMAN AND VICE-MAYOR JAMES C. HARDCASTLE

By motion of Mr. Christiansen, seconded by Mr. Witt, Council unanimously adopted the following resolution:

WHEREAS, James C. Hardcastle has served as Councilman from the Fourth District for the City of Dover from March 11, 1974 to May 14, 1984; and

WHEREAS, during his years as a Councilman James C. Hardcastle has served as Chairman since 1975 on the Parks, Playgrounds and Trees Committee and the Safety Advisory Committee, and has been Vice-Mayor of the City of Dover since 1980; and

WHEREAS, James C. Hardcastle served the Capital School District of Dover for 48 years in education after retiring on December 31, 1983; and

WHEREAS, James C. Hardcastle served on the Human Development Policy Committee of the National League of Cities for a number of years; and

WHEREAS, James C. Hardcastle has devoted his time and attention to the important functions of the City of Dover and has played an important role in resolving the problems which have been encountered during his years of service.

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

1. The Mayor and Council of the City of Dover express their extreme appreciation to James C. Hardcastle for the untiring devotion to his duties as City Councilman.

2. The Mayor and Council of the City of Dover extend their best wishes to James C. Hardcastle in his future endeavors.

3. The Mayor and Council of the City of Dover direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in expression of their appreciation to James C. Hardcastle.

ADOPTED: June 11, 1984

Mayor Carroll noted the absence of former Councilman and Vice-Mayor James C. Hardcastle, stating that he would personally deliver the resolution with the Seal of the City of Dover and the plaque.

In behalf of Council, Mayor Carroll thanked Mr. Hardcastle for his many years of dedicated service to the community.

ADOPTION OF MINUTES - ANNUAL COUNCIL MEETING OF MAY 14, 1984

The Minutes of the Annual Council Meeting of May 14, 1984 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Bulley and bore the written approval of Mayor Carroll.

LEGISLATIVE AND FINANCE COMMITTEE REPORT - MAY 23, 1984

The Legislative and Finance Committee met on May 23, 1984 with Chairman Boaman presiding.

Ordinance - Consumption of Alcoholic Beverages in Public Places

As recommended by the Legislative and Finance Committee, Mr. Boaman moved that a proposed ordinance be adopted restricting the consumption of alcoholic beverages on the streets and public places. The motion was seconded by Mr. Weyandt.

By unanimous roll call vote (Mr. Richter. Shevock absent) Council adopted the following ordinance:

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

The Dover Municipal Code is amended by adding the following section:

Section 14-14 (a). Except when permitted by Federal, State, County or Municipal law, it is unlawful for any person to consume any alcoholic liquor or possess with intent to consume any alcoholic liquor upon any street, alley, highway, public way, public building or public place within the City of Dover.

                        (b) For purposes of this section, alcoholic liquor shall be defined per Title IV of the laws of the State of Delaware as amended.

                        (c) For purposes of this section, public place shall mean any place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall also include the front or immediate area of any store, shop, restaurant, tavern, or other place of business and also public grounds, areas, or parks.

ADOPTED: June 11, 1984

Proposed Resolution - Sprig and Twig Garden Club

In recognition of voluntary work and personal funds contributed by the Sprig and Twig Garden Club, the committee recommended that a resolution be adopted commending the members of the club.

Mr. Boaman moved that a resolution be adopted during the Regular Council Meeting of June 25, 1984, seconded by Mr. Weyandt and unanimously carried.

Multiple Purchases of City Vehicles

Per a suggestion by Councilman Shevock, Mr. Boaman noted that the committee endorsed a policy that would purchase vehicles in groups, rather than individually by each department. This would result in an overall savings to the City.

The City Manager will initiate the policy immediately and bids for groups of vehicles will be submitted to Council.

Trip Records of Paramedics

Mr. Boaman advised Council that the committee considered a request by Mr. Weyandt that a monthly report be submitted to members of Council showing the number of runs made by paramedics. The report will indicate who requested the service, location of where the service was rendered and if the service was of an emergency nature.

The City Manager advised the committee that he could make this information available in his monthly report.

Mr. Boaman moved that the information be included in the City Manager’s monthly report, seconded by Mr. Weyandt and unanimously carried.

Proposed Electric Department Budget - 1984/85

Mr. Boaman stated that the Legislative and Finance Committee has completely reviewed the Electric Department budget for fiscal year 1984/85, resulting in an adjusted total of $54,152,330.

Noting that it will be necessary to hold a public hearing with proper legal advertisement, Mr. Boaman set a public hearing for June 25, 1984 at 7:30 p.m. to adopt the budget. The motion was seconded by Mr. Weyandt and carried by a unanimous roll call vote with Mr. Shevock absent.

By motion of Mr. Boaman, seconded by Mr. Weyandt, the Legislative and Finance Committee Report for May 23, 1984 was unanimously approved as submitted.

LEGISLATIVE AND FINANCE COMMITTEE REPORT - JUNE 6, 1984

The Legislative and Finance Committee met on June 6, 1984 with Chairman Boaman presiding.

Proposed Charter Amendment - Initiative and Referendum

Mr. Boaman referred to a proposed ordinance considered by the committee that would provide for initiative and referendum for the enactment or repeal of ordinances by the registered voters of the City of Dover. He pointed out two amendments to the original written ordinance, those being as follows:

Section b - Action by Council - first paragraph - The committee recommended that the following sentence be added. “If Council seeks to adopt a petitioned ordinance certified by the City Clerk, it shall require a vote of 3/4 of those Councilmen elected to office.”

Section f - Election - line 9 - first paragraph - The following provision was added. “If upon such reconsideration by the Council, such ordinance or such part thereof, not be repealed by a vote of 3/4 of those Councilmen elected to office, it shall be submitted to the electros at the next municipal election.”

In accordance with the recommendation of the Legislative and Finance Committee, Mr. Boaman moved that the ordinance be adopted and forwarded to the General Assembly as an amendment to the City of Dover Charter. The motion was seconded by Mr. Weyandt.

Mr. Christiansen noted that Mayor Carroll expressed opposition to the Charter amendment and requested his remarks on the reasoning for his objection.

Mayor Carroll stated that the Charter presently provides methods in which subject matter can be designated for a referendum. He felt that the elected official is placed in office to administer the affairs of the City and are much more knowledgeable of facts that the ordinance for initiative and referendum was derived from model ordinances of Washington D.C., Kansas City, Missouri and Lincoln, Nebraska. The form of government and State statutes differ from that from the City of Dover and State of Delaware, as does the individual Charters. Mayor Carroll felt that the needs of these cities cannot be compared to the needs of the City of Dover.

It was Mr. Witt’s opinion that by shifting some of the administrative responsibility to the citizenry, the financial rating of the City might be jeopardized in the bond market. He felt that the elected officials serving terms of only two years are required to make decisions in the best interest of the City and in each case are subject to the choice of the electors if they do not conduct themselves in that capacity. Therefore, he stated his opposition to the proposed Charter amendment.

As the initiator of the proposed Charter change, Mr. Richter felt that this would be a method to allow the citizens a better feeling for being in control of the City and provide a better check and balance system. He also noted that other cities offer initiative and referendum as a Charter provision.

Mr. Tudor agreed with the concept of encouraging the citizenry to become involved in government affairs, but expressed concern that a small segment of qualified voters could make specific decisions that would affect the City.

Mr. Witt called for the question.

By a roll call vote of four (4) no, three (3) yes (Mr. Richter. Richter , Mr. Boaman and Mr. Weyandt) with Mr. Shevock absent, the ordinance was defeated.

Tax Exempt Properties

Mr. Boaman advised Council that City Assessor McDowell has been attempting to devise a method for offsetting the loss of income due to tax exempt properties in the City of Dover.

After reviewing information submitted by the Assessor, the committee generally agreed that payment for services rendered by the City in lieu of taxes should be pursued rather than attempting to interpret the law related to tax exempt facilities.

The committee recommended that Council endorse the concept for payment of services in lieu of taxes for tax exempt properties and grant authorization to the City Assessor to proceed with the compilation of facts and figures for cost of facility services. In cooperation with the City Solicitor’s Office, an ordinance will be devised to enable the City to charge for services rendered in lieu of taxes.

Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt.

Questioned by Mr. Tudor, Mr. Boaman stated that there are church owned properties that are deriving an income other than the immediate church facility. The committee felt that there are areas in which church owned property, deriving an income, should assume some of the financial burden for City services.

The point was made by members of Council that the purpose of a study by the Assessor’s Office is not to interpret the tax exempt status of church owned property, but instead to initiate a cost of service study on all tax exempt properties.

Mr. Weyandt stated that he would hope that the cost of service study would include tax exempt properties in the City who realized free trash collection but yet the City pays the Solid Waste Authority a fee to the county for dumping trash generated by the same governmental agency.

On a call for the question, Council by a unanimous roll call vote (Mr. Richter. Shevock absent) endorsed the concept for a study on cost of services rendered by the City in lieu of taxes.

Mr. Boaman moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Christiansen and unanimously carried.

UTILITY COMMITTEE REPORT

The Utility Committee met on June 6, 1984 at 7:30 p.m. with Chairman Richter presiding.

Results of Committee Public Hearing - Rate Increase Request - General Television, Inc.

Mr. Richter advised Council that a public hearing was held by the Utility Committee for the purpose of considering a rate increase request by General Television, Inc. Mr. Karia and other members of staff reviewed financial information submitted by General Television resulting in a recommendation for denial of the rate increases, feeling that the company understated the actual need for said increase.

During presentations following the public hearing new facts were brought before the committee, resulting in a committee recommendation that the rate increase request be tabled until certain questions can be resolved. It was also agreed that an extension of time be granted to the sixty (60) day limitation imposed by the Franchise Agreement.

Per request of Mr. Richter, the City Clerk read into the record the following letter from Mr. Dick Clark of General Television, Inc.

“In a follow-up to the Utility Committee meeting held on Wednesday June 6, 1984, it was agreed that representatives of Storer, General Television, Inc., and the City of Dover need to meet in order to discuss the financial information previously submitted by Storer. To facilitate this meeting, it is agreed that the sixty (60) day time limitation imposed by an amendment to the cable television franchise agreement be extended on a one time basis by forty-five (45) days. It is also agreed that Storer, General Television, Inc. will not increase the rates contained in the subject rate increase request document during this extension period.”

Based on the recommendation of the committee and the contents of General Television’s letter, dated June 8, 1984, Mr. Richter moved for approval of the committee recommendation, seconded by Mr. Weyandt and carried by a unanimous roll call vote (Mr. Richter. Shevock absent).

Mr. Witt moved that the Utility Committee held an additional public hearing concerning the rate increase request by General Television after the financial facts are compiled and reviewed. The motion was seconded by Mr. Christiansen and unanimously carried.

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

MONTHLY REPORTS - APRIL

By motion of Mr. Weyandt, seconded by Mr. Bulley, the following monthly reports were unanimously approved:

Chief of Police Report

Building Inspector and Fire Marshal Report

City Alderman Report

City Manager Report

J.P. Court #7 Report

General Fund, Cash Receipts Report

General Fund, Budget Report

Water/Sewer Fund, Revenue Report

Water/Sewer Fund, Budget Report

Inter-Governmental Service Fund, Revenue and Budget Report

Electric Revenue Fund, Revenue Report

Electric Revenue Fund, Budget Report

Budget Reports - Electric Divisions

ADMINISTRATIVE REZONING REQUEST - ENLARGEMENT OF THE IO ZONE IN THE HISTORIC ZONE - EAST SIDE OF SOUTH NEW STREET BETWEEN BANK LANE AND NORTH STREET, CONTIGUOUS TO STATE MUSEUM PROPERTY

An administrative rezoning request was received to enlarge the IO zone in the Historic Zone, the area being the east side of South New Street, between Bank Lane and North Street, contiguous to the State Museum property, owned by the State of Delaware.

Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.

By motion of Mr. Witt, seconded by Mr. Christiansen, 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 on the east side of S. New Street between Bank Lane and North Street and contiguous to State Museum property are presently zoned for RG-1 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 9, 1084 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to IO that property located on the east side of S. New Street between Bank Lane and North Street and contiguous to State Museum property, by an administrative request of the City of Dover Planning Commission.

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

ADOPTED: JUNE 11, 1984

REPORT FROM BUILDING INSPECTOR OR CONDEMNED BUILDINGS FOR WHICH TIME GRANTED BY COUNCIL HAS EXPIRED

Mr. Roe informed Council that the John Trifillis Estate, represented by Attorney Rhodes, was granted a ninety (90) day extension for condemnation of the following addresses:

      37 North Queen Street

      409 & 411 West Loockerman Street

      420 West Loockerman Street

      108 South New Street

He requested authorization to proceed with demolition.

Mr. Weyandt moved for approval of the demolition authorization, seconded by Mr. Christiansen and carried by a unanimous roll call vote (Mr. Richter. Shevock absent).

Estate of Regina Mae Fairley - 123 South Queen Street - Demolition Extension of Ninety (90) Days Expired

Mr. Roe stated that 123 South Queen Street, owned by the Estate of Regina Mae Fairley was also granted a ninety (90) day extension for demolition of improvements on the property. The ninety (90) days have now expired and he requested authorization to proceed with the demolition.

Mr. Weyandt moved for approval of the demolition, seconded by Mr. Christiansen and carried by a unanimous roll call vote (Mr. Richter. Shevock absent).

Aleck J. Taylor - 319 West Loockerman Street - Violation of Dangerous Building Code - Ninety (90) Day Extension Expired

Mr. Roe related to the fact that Mr. Aleck H. Taylor, owning a property at 319 West Loockerman Street, was unable to attend the first hearing concerning his property at 319 West Loockerman Street, which is in violation of the Dangerous Building Act. A second hearing was set, at which time Mr. Taylor was given a ninety (90) day extension to present plans for renovation and a time schedule for completion. To date, nothing has been accomplished on the building. Mr. Roe noted that Mr. Taylor was present.

Mr. Weyandt moved to authorize Mr. Richter to proceed with demolition of 319 W. Loockerman Street, seconded by Mr. Boaman.

Mr. Christiansen suggested that since Mr. Aleck J. Taylor, realizing that his extension will expire, came to his office for the purpose of discussion on the matter. During the discussion with Mr. Richter, Mr. Taylor stated that he did not have the funds to renovate the building at this time.

By unanimous roll call vote (Mr. Richter. Shevock absent), Mr. Roe was authorized to proceed with demolition of 319 W. Loockerman Street.

Mr. Richter requested an update on the proposed purchase of Kent Apartments on S. New Street.

Mr. Roe stated that the original planned purchase of the property failed and additional information will be available in approximately two weeks.

Mr. Witt advised Council that the General Assembly is now considering a Housing Code that has been passed by the House of Representatives and forwarded to the Senate. The Housing Code incorporates a section that deal s with facilities that have been condemned and set for demolition. He felt that the provisions of the proposed code would be helpful to Mr. Roe’s office in dealing with some of the problems related to condemnation and demolition.

Mr. Witt moved to refer the matter on the Legislative and Finance Committee, seconded by Mr. Weyandt and unanimously carried.

CORRESPONDENCE

St. Jones River Watershed Association - Walking and Jogging Trail

A letter was received from Mr. Paul Scotton, Director and Treasurer of the St. Jones River Watershed Association, requesting Council’s consideration of a walking and jogging trail, to be located in the park area, beginning at Division Street bridge to Silver Lake park area and returning to the bridge. After construction, maintenance of the path would become the responsibility of the City.

Mr. Witt moved for referral to the Parks and Recreation Committee, seconded by Mr. Christiansen and unanimously carried.

Noise, Drinking and Loitering - Dover Park and Recreation Area - Whiteoak Road

A letter was received from Mr. Robert J. Pocius of 206 Nimitz Road, advising of drinking, loitering, loud music and noisy motorcycles in the City Park and Recreation area on the Whiteoak Road. Mr. Pocius requested more positive police action to deter some of the aforementioned.

Questioned by Mr. Weyandt, Chief Klenoski stated that this particular park area needs 24 hour police surveillance, adding that he did not have the number of personnel to initiate such action. The Police Department has received calls from citizens in the area but those issuing the complaint will not sign warrants for arrest of the offenders.

It was generally agreed by members of Council that something must be done to correct a worsening condition. This could be corrected either by constant supervision or closing of the park during certain hours.

Mr. Boaman moved for referral to the Parks and Recreation Committee, seconded by Mr. Witt and unanimously carried.

Delaware State Police - Highway Fatality Sign

A letter received from Colonel Daniel L. Simpson, Superintendent of the Division of State Police, requested City approval to erect a fatality sign in the area of Delaware State College.

Mr. Witt moved for referral to the Safety Advisory Committee, seconded by Mr. Weyandt and unanimously carried.

Annexation Request - Thomas J. and Delores Drury/Karl and Jacqueline Webb/Agnes and Evan Gregg, Jr. - West Side of U.S. Route #13, North of Sheraton Inn

Letters requesting annexation into the corporate limits of the City of Dover were received from Evan and Agnes Gregg, Jr., Thomas and Delores Drury and Karl and Jacqueline Webb. The properties are located on the west side of U.S. Route #13, just north of the Sheraton Inn.

Mr. Christiansen moved that an annexation referendum be held on July 12, 1984 to include land on the west side of U.S. Route #13 beginning with the property of Karl M. and Jacqueline Webb including properties adjacent to U.S. Route #13 north to and including the property of the First Pentecostal Church of Dover. The motion was seconded by Mr. Boaman. By a unanimous roll call vote, Mr. Shevock absent, Council adopted the following resolution:

A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.

WHEREAS, the Charter of the City of Dover authorizes the 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 in north Dover and east of the present City limits, and hereinafter more particularly described 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, and more particularly described and bounded herein be annexed to the City of Dover:

ALL that certain tract, piece of land situated in East Dover Hundred, Kent County, State of Delaware, contiguous to the boundary of the City of Dover, lying on the westerly side of U.S. Route #13 leading from Smyrna to central Dover, and bounded as follows:

On the south by lands now or formerly of Ruth R. Porter;

On the west by lands now or formerly of The State of Delaware, being the site of Delaware Technical and Community College - Terry Campus;

Being more particularly described as follows:

Beginning at a point in the westerly line of U.S. Route #13 being the northeast corner of lands of the aforesaid Porter, and the southeast corner of these lands, a corner for lands now or formerly of Karl M. Webb and Jacqueline Webb, H/W; thence with the line separating these lands from lands of said Porter the following courses and distances:

      1.   S 52° 05' W, about 475 feet;

      2.   S 37° 55' W, about 192.15 feet;

      3.   N 52° 05' W, about 471 feet to a point in line of lands of Delaware and Technical and Community College

Thence with the line of land of said College, the following courses and distances:

      1.   N 25° 25' 37" W, about 479.10 feet;

      2.   N 61° 38' 52" E, about 257.00 feet;

      3.   N 37° 26' 55" W, about 196.72 feet;

      4.   S 52° 05' W, about 20.00 feet;

      5.   N 37° 57' W, about 230.00 feet;

      6.   N 32° 13' W, about 201.00 feet;

      7.   N 52° 05' E, about 600.00 feet; running with a line separating lands of First United Pentecostal Church from lands of Delaware Technical and Community College, to a point in the westerly line of U.S. Route #13:

Thence with the westerly line of U.S. Route #13, S 37° 55' E, about 1247.85 feet to the point and place of beginning.

Containing 20.25 acres, more or less (0.032 square miles).

2. That an election be held on the 12th day of July 1984, commencing at the hour of 11:00 a.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.

3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.

4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the date of this election.

ADOPTED: JUNE 11, 1984

Mr. Christiansen moved that an annexation referendum be held on July 12, 1984 to include land located on the west side of U.S. Route #13 beginning with the property of Karl M. and Jacqueline Webb including all properties adjacent to U.S. Route #13 north to Route #100 and on the south side of Route #100 beginning with lands of the State of Delaware west to and including land owned by Joseph C. and Margaret Madeiros. The motion was seconded by Mr. Boaman. By a unanimous roll call vote, Mr. Shevock absent, Council adopted the following resolution:

A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.

WHEREAS, the Charter of the City of Dover authorizes the 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 two area in north Dover and east of the present City limits, and hereinafter more particularly described 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 two described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein be annexed to the City of Dover:

Area #1

ALL that certain tract, piece or parcel of land situated in East Dover Hundred, Kent County, State of Delaware, contiguous to the boundary of the City of Dover, lying on the westerly side of U.S. Route #13 leading from Smyrna to central Dover, and bounded as follows: