Regular City Council Meeting
iCal

Jul 25, 1983 at 12:00 AM

REGULAR MEETING

July 25, 1983

The Regular Meeting of Council was held on July 25, 1983 at 7:30 p.m. with Mayor Carroll presiding. Councilman present were Messrs. Richter, Tudor, Hardcastle, Christiansen, Witt, Weyandt and Shevock. Mr. Boaman was absent.

The invocation was given by the Reverend J.H. Williams, Council Chaplain.

AGENDA ADDITIONS/DELETIONS

Mr. Shevock requested an additional agenda item for the adoption of a resolution authorizing the investment of employee pension funds.

Mr. Christiansen requested an additional agenda item for the adoption of a resolution commending City employees for their expertise during the recent storm damage.

Mayor Carroll added a letter from Representative E. Stuart Outten concerning a proposed meeting between the City of Dover and Kent County Levy Court.

Mr. Tudor requested an executive session immediately following the meeting to discuss employee matters.

Council unanimously approved the agenda items as submitted.

RESOLUTION - CITY MANAGER AUTHORIZATION - INVESTMENT OF PENSION FUNDS

By motion of Mr. Shevock, seconded by Mr. Witt, Council by a unanimous roll call vote (Mr. Boaman absent) adopted the following resolution:

BE IT RESOLVED that the City Manager is hereby authorized and empowered to retain Merrill Lynch Asset Management Inc. as Investment Advisory for the City of Dover Police Pension Plan and for the City of Dover Employees’ Pension Plan with full power to transact the purchases and sales of the securities in the said asset management account.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to sign necessary papers to execute the above transactions.

ADOPTED: JULY 25, 1983

RESOLUTION - STORM DAMAGE OF JULY 21, 1983

By motion of Mr. Witt, seconded by Mr. Christiansen, Council by unanimous roll call vote (Mr. Boaman absent) adopted the following resolution:

WHEREAS, on Thursday, July 21, 1983 a storm with excessive high winds hit the Dover area, toppling trees on power lines and across streets and destroying large sections of property in the City; and

WHEREAS, as a result of said storm electric service was interrupted, streets were blocked and numerous emergencies occurred throughout the City; and

WHEREAS, all departments of the City immediately began to respond to those in need in an effort to return the City to normal as soon as possible, especially the City Manager’s Office, the Electric, Public Works and Police Departments and the Robbins Hose Company.

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 appreciation and gratitude to everyone who responded to the emergency of July 21, 1983.

2. The Mayor and Council express their appreciation and gratitude to the citizens of Dover for the cooperation and understanding they exhibited during the emergency and during the ensuing days when many were inconvenienced due to lack of services.

3. The Mayor and Council 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 everyone concerned for pulling together in a time of emergency.

ADOPTED: JULY 25, 1983

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 11, 1983

The Minutes of the Regular Council Meeting of July 11, 1983 were unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Christiansen and bore the written approval of Mayor Carroll.

PUBLIC HEARING - REZONING - 9.09 ACRES ADJACENT TO ENGLISH VILLAGE - GILPIN, VAN TRUMP AND MONTGOMERY, INC.

A public hearing was duly advertised for this time and place to consider rezoning 9.09 acres of land adjacent to English Village and the Kenton Road, owned by Gilpin, Van Trump and Montgomery, Inc. The equitable owner is Frank Robino Associates.

Mayor Carroll declared the hearing open.

Mr. Walter Ellis of Lore Ellis Realty Company was present in behalf of Frank Robino Associates. He alluded to the fact that the present zoning of RG-2 and proposed zoning of RG-3 have similar use categories and do not significantly differ in allowable improvements. The RG-3 zoning would reduce the density. In addition, under the RG-2 zoning housing would be required to be sold under the condominium plan. The RG-3 zoning provides that the housing and land can be sold. According to marketing experience, Mr. Ellis stated that the latter is more acceptable to the buying public.

Mr. Weyandt expressed concern that the proposed units would be purchased for investment purposes with a great many becoming rental units.

Mr. Ellis presented a petition containing approximately 27 signers who indicated support of the rezoning application.

Attorney Richard Barros was present representing the Council of English Village Condominium Association, expressing their concern in the development of the land as proposed under the RG-3 zoning category. He informed Council that Mr. William Cohen, a planner, was also hired by the Association to review the proposed plans. Mr. Barros requested that the rezoning be delayed or tabled to afford time for the applicant to make necessary changes as will be suggested through meetings with Mr. Cohen and the developer.

Mr. Cohen, the professional planner, addressed Council stating his realization that the site plan on the proposed development is not a question to be considered during the rezoning public hearing. However, the RG-3 zoning would permit a new land use in the proposed area or community.

Mr. Cohen expressed concern with questions or recreational provisions, single access point on Kenton Road, whether traffic impact studies have been conducted, the cul-de-sac design and that the storm water management plan has not been properly addressed.

He suggested that the rezoning be delayed and that the developer, Mr. Roe and himself sit down and discuss points of concern on the proposed development. He felt that protection for the citizens in English Village rests at the point of rezoning and not at the subdivision review level.

Questioned by Mr. Richter and Mr. Christiansen, Mr. Roe stated that the developer is before the Council for a zoning category of RG-3 because he wants to become a subdivider with individual ownership. Due to the provisions and restrictions in the subdivision Zoning Code an RG-3 category would result in a lower density. An RG-2 category with townhouse development provides for one owner of the land or a condominium concept of ownership.

Attorney Herman Brown was present representing the applicant and stated that the City of Dover Zoning Code calls for a rezoning before consideration of site development approval. Attempting to mix the two defeats the purpose of the Zoning Code. Two points in favor of an RG-3 zoning category is that the purchaser will be able to obtain a fee simple title and the category also affords less density than an RG-2 zoning. Mr. Brown added that the applicant would be more than willing to sit down and discuss with residents of English Village, or their representatives, any problems that might arise on the Site Development Plan.

There was no correspondence other than the petition in favor of the rezoning presented by Mr. Ellis.

Mayor Carroll declared the hearing closed.

Mr. Richter moved for approval of the rezoning, seconded by Mr. Shevock.

Mr. Weyandt expressed his concern in the existence of other townhouses and apartment complexes within a half mile radius in the area. He requested that the Planning Commission, in the future, take a harder look at requests for rezonings where this situation is prevalent.

Mr. Witt moved to table the motion for rezoning for a period of 45 days, noting the seemingly controversy on the matter. The motion was seconded by Mr. Weyandt.

Mr. Roe stated that a tabling motion would delay any review of the plan by the Planning Commission since the Commission cannot consider any plan in violation of the zoning.

By a roll call vote of four (4) no, three (3) yes (Mr. Christiansen, Mr. Witt and Mr. Weyandt) with Mr. Boaman absent, the tabling motion was defeated.

Mr. Witt called for the question on the original motion.

By a roll call vote of five (5) yes, two (2) no (Mr. Witt and Mr. Weyandt) with Mr. Boaman absent, Council adopted the following ordinance:

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ADJACENT TO ENGLISH VILLAGE.

WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and

WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RG-2 to RG-3.

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

1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RG-2 to RG-3 on that property located adjacent to English Village and the Kenton Road, containing 9.09 acres, owned by Gilpin, Van Trump and Montgomery, Inc.

ADOPTED: JULY 25, 1983

MONTHLY REPORTS - JUNE

Mr. Weyandt moved that the following financial reports be referred to the Legislative and Finance Committee for their review prior to acceptance, with a report to Council after the next Legislative and Finance Committee meeting. The motion was seconded by Mr. Witt and unanimously carried.

The following reports were referred to the Legislative and Finance Committee:

General Operating Fund, Cash Receipts Report

General Operating Fund, Budget Report

Water/Sewer Fund, Cash Receipts Report

Water/Sewer Fund, Budget Report

Inter-Governmental Service Fund, Revenue and Budget Report

Electric Revenue Fund, Cash Receipts Report

Electric Revenue Fund, Budget Report

Electric Improvement and Extension Budget, Cash Receipts & Disbursements Report

Municipal Street Aid Fund Report for Quarter - April, May and June

Capital Fund Report for Quarter - April, May and June

Mr. Witt moved for approval of the following monthly reports, seconded by Mr. Weyandt and unanimously carried:

Chief of Police Report

Building Inspector and Fire Marshal Report

City Alderman Report

City Manager’s Report

J.P. Court #7 Report

UTILITY COMMITTEE REPORT

The Utility Committee met on July 13, 1983 at 7:30 p.m. with Chairman Richter presiding.

Annexation Request - Joseph Burden - State College Road

In accordance with staff recommendations, the Utility Committee recommended two referendums on an annexation request by Mr. Joseph Burden of State College Road.

Mr. Richter moved that an annexation referendum be held on August 29, 1983 at City Hall between the hours of 11:00 a.m. and 8:00 p.m.; said referendums to include an area incorporating lots #177 and #178, and the second referendum to include lots #177 and #178 and also lots #136 through #150, lots #168 through #178 and #202 through #204. The motion was seconded by Mr. Hardcastle.

By a roll call vote of six (6) yes, (Mr. Boaman and Mr. Witt 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 north of Dover, 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 piece or parcel of land contiguous to the boundary of the City of Dover, lying on the northerly side of, but not adjacent to, Kent County Road #99, known as College Road, being lot numbers 177 and 178 of a plot of “The College Settlement Company”, of record in the office of the Recorder of Deeds for Kent County in Deed Record Book E, Volume 8, page 76, said lots having a combined width of 150' and depth of 200', the easterly and southerly lines of lot 178 abutting the present boundary of the City of Dover; including in this annexation that portion of Jason Street, 35' wide, as shown on aforesaid College Settlement Company plot, and as lying north of these lots and between the extended westerly line of lot 177 and the extended easterly line of lot 178;

     Containing a total area of 0.809 acres of land, more or less.

2. That an election be held on the 29th day of August 1983, commencing at the hours of 11:00 a.m. and ending at 8:00 p.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 day of this election.

ADOPTED: JULY 25, 1983

Mr. Richter moved for adoption of the following resolution, seconded by Mr. Hardcastle. By a unanimous roll call vote, (Mr. Boaman and Mr. Witt 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 north of Dover, 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 piece or parcel of land contiguous to the boundary of the City of Dover, lying on the northerly side of, but not adjacent to, Kent County Road #99, known as College Road, being lot numbers 177 and 178 of a plot of “The College Settlement Company”, of record in the office of the Recorder of Deeds for Kent County in Deed Record Book E, Volume 8, page 76, said lots having a combined width of 150' and depth of 200', the easterly and southerly lines of lot 178 abutting the present boundary of the City of Dover; including in this annexation that portion of Jason Street, 35' wide, as shown on aforesaid College Settlement Company plot, and as lying north of these lots and between the extended westerly line of lot 177 and the extended easterly line of lot 178;

     Containing a total area of 0.809 acres of land, more or less.

2. That an election be held on the 29th day of August 1983, commencing at the hours of 11:00 a.m. and ending at 8:00 p.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 day of this election.

ADOPTED: JULY 25, 1983

Mr. Richter moved for adoption of the following resolution, seconded by Mr. Hardcastle. By a unanimous roll call vote, (Mr. Boaman and Mr. Witt 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 north of Dover, 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 area of land contiguous to the boundary of the City of Dover, lying on the northerly side of, and abutting, Kent County Road #99 known as College Road, 50' wide, the northerly line of which is the present boundary of the City of Dover, and lying east of and abutting the easterly right-of-way line for tracks of Consolidated Rail Corporation (Conrail) being a part of a plot of “The College Settlement Company” recorded in the office of the Recorder of Deeds for Kent County in Deed Record Book E, Volume 8, page 76, and including the following:

All of lots 136 through 150, lots 168 through 178, and lots 202 through 204, having a total frontage on College Road of about 820.4', and a distance along said Conrail of about 629.8';

Together with the right-of-way of Conwell Street, 35' wide extending northerly from College Road to Jason Street; the right-of-way of Jason Street, 35' wide, extending from the extended easterly line of lot 178 westerly to Railroad Avenue; the right-of-way of Railroad Avenue, 35' wide extending northerly from College Road, abutting “Conrail”, to the extended northerly line of lot 204; the right-of-way of Grove Street, 35' wide, extending northerly from Jason Street to the extended northerly line of lot 204;

     Containing a total area of 9.184 acres of land, more or less. (0.014 square miles)

2. That an election be held on the 29th day of August 1983, commencing at the hour of 11:00 a.m. and ending at 8:00 p.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 day of this election.

ADOPTED: JULY 25, 1983

Request for Abandonment of City Land - Slaughter and Cherry Streets - Joseph Burden

A request to abandon City owned land in the area of Slaughter and Cherry Streets, by Mr. Joseph Burden, was tabled to allow the City Solicitor time to perform an official title search of the properties; also, to include an official survey to determine correct property lines.

Electrical Service - Troon Road - Petition

The committee discussed complaints by citizens on Troon Road of poor electrical service and the installation of a loop to backfeed customers during an outage.

Mr. Larry McAllister was present and presented a petition from residents of the area. The petition requested that the underground cable in the northen end of Troon Road be completely replaced.

Mr. Richter informed Council that the proposed loop on Troon Road is presently in progress along with cable replacement.

Questioned by Mr. Weyandt, Mr. Bartolotta stated that all cable now being installed underground is tested prior to installation.

Electric Department - Cooling Tower

Mr. Bartolotta reported that the cooling tower for unit #3 is operational as of July 15th. The completion date was in time to handle an all time peak at McKee Run Power Plant, two days after completion.

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

SAFETY ADVISORY COMMITTEE REPORT

The Safety Advisory Committee met on July 20, 1983 at 3:30 p.m. with Chairman Hardcastle presiding.

Parking Downtown

Mr. Hardcastle advised Council that Mr. Bill Flayhart of the Kitchen Cupboard, downtown area, appeared before the committee requesting an extension of the two hour parking limit, or more specifically a three hour limit. After fully discussing the matter, the committee requested that Mr. Flayhart circulate a formal petition stating desired changes in downtown parking to the merchants for presentation to the committee at a later date.

Parking - Barrister Place - Cherry Hill

Mr. Jeff Daniels, President of the Cherry Hill Civic Association, requested that the committee take action on parking at Barrister Place for the purpose of correcting such violations as double parking. In addition, residents and visitors are parking their cars with the front end at the curbline on the cul-de-sac versus parallel parking.

The committee recommended that the cul-de-sac portion of Barrister Place be properly signed for parallel parking only and that the Police Department step up patrol of the area.

Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.

Chief Klenoski informed Council that Title 21 incorporates provisions prohibiting angled parking unless otherwise designated.

Three Short Term Parking Spaces - 89 Kings Hwy. - Department of Natural Resources and Environmental Control

Mr. David Hugg of the State Department of Natural Resources and Environmental Control requested that the committee consider three short term parking spaces in front of their facility on Kings Highway for the convenience of the public who are seeking hunting licenses, boating licenses and other types of permits.

It was made clear by the committee that most of the problems of parking on Kings Highway are created by employees of Environmental Control who do not fully utilize their own parking facilities to the rear of the building.

Mr. Hugg recognized this fact and explained that a great majority of the parking lot is now being used by employee performing construction work on the building. The construction is expected to be completed by November of 1983.

The committee deferred any action on the matter until January 1, 1984, noting that construction will be completed on the building which will release additional paring for employees. During the interim, Mr. Hugg stated that Mr. Wilson, Secretary of the department, will attempt to restrict employee parking on Kings Highway.

Parking and Traffic Congestion - Ridgley Street Between Division and Fulton Streets

Mr. Weyandt informed the committee of parking problems and traffic interruption on Ridgley Street due to a trucking transfer business in the warehouse recently constructed by Delaware Homes.

Mr. Jack Beiser, owner of Del Homes, was present and informed the committee that most of the problems have been solved due to a reorganization of procedures for disbursement of fright from the facility.

The committee recommended no parking on the west side of Ridgley Street from Division Street to the Playtex property.

Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Witt and carried by a unanimous roll call vote (Mr. Boaman absent).

Traffic Light - Legislative Avenue and Loockerman Street

The committee discussed modification of the traffic light located at Legislative Avenue and Loockerman Street which causes unnecessary delays on Loockerman Street when the State Department of Environmental Control is closed. It was suggested that during these hour and on weekends, the traffic light incorporate a blinking light on Legislative Avenue allowing thru traffic on Loockerman Street. The possibility of a turn lane at the intersection was also discussed.

The committee took no action on the matter, requesting that the City Manager’s Office proceed with whatever action is necessary to motivate the State of Delaware to redesign the intersection traffic light.

Railroad Crossing - Walker Road

The committee was informed by Mr. Weyandt that the railroad crossing on Walker Road is deteriorating to the point where large gaps are appearing between the track and the crossing surface. He suggested that action be taken immediately to correct what could be a dangerous situation especially after the September opening of schools.

The committee recommended that the City Manager write a formal request to the proper agency of the Highway Department requesting temporary repairs until such time that permanent reconstruction of the crossing can be performed, stipulating that a copy of the letter be forwarded to the Railroad Company.

Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Christiansen and unanimously carried.

Mr. Hardcastle moved for approval of the Safety Advisory Committee Report as submitted, seconded by Mr. Witt and unanimously carried.

PLANNING COMMISSION RECOMMENDATION - SET PUBLIC HEARING AMENDING ARTICLE 6, SECTION 1, SUBSECTION 1.12 OF THE ZONING CODE

The Planning Commission submitted a recommendation to Council to set a public hearing to amend Article 6, Section 1, Subsection 1.12, entitled “Trailer and Boats”. The amendment would add motor home parking restrictions in residential areas.

Mr. Witt moved that a public hearing be held on August 22, 1983 at 7:30 p.m. to consider an amendment to the Zoning Code. The motion was seconded by Mr. Christiansen and unanimously carried.

SET PUBLIC HEARING - REZONING LAND OF DOVER HUNT LAND COMPANY LIMITED PARTNERSHIP - ADJACENT TO AND EAST OF INDEPENDENCE BLVD., ENGLISH VILLAGE, DOVER-KENTON ROAD AND ROUTE #8 - (REQUEST OF COUNCILMAN BOAMAN)

A request was received from Councilman Boaman to rezone land as described above from SC-2 back to R-20. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.

By a motion of Mr. Christiansen, seconded by Mr. Hardcastle, Council unanimously adopted the following ordinance:

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 adjacent to and east of Independence Blvd., English Village, Dover-Kenton Road and Route #8 are presently zoned for SC-2 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 September 26, 1983 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from SC-2 to R-20 that property located adjacent to and east of Independence Blvd., English Village, Dover-Kenton Road and Route #8, owned by Dover Hunt Land Company, Limited Partnership.

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

ADOPTED: JULY 25, 1983

SET PUBLIC HEARING - ROBERT LOUIE - 730 OAK DRIVE - NON-COMPLIANCE OF CITY CODE

Mr. Roe requested that a public hearing be set for August 22, 1983 at 7:30 p.m. on a property owned by Robert Louie, 730 Oak Drive, for non-compliance of various City ordinances.

Mr. Witt moved for Building Inspector Roe’s recommendation, seconded by Mr. Christiansen and unanimously carried.

CORRESPONDENCE

Jehovah’s Witnesses - Waiver of Building Permit

A letter was received from the Dover Congregation of Jehovah’s Witnesses, signed by Mr. Rodman Strimel, requesting a waiver on the cost of a building permit.

Questioned by members of Council, Mr. Roe stated that the various state and federal agencies and churches have requested a waiver of building permits which Council has historically denied. He added that the permit covers a service for such things as inspections by his department.

Mr. Witt moved for denial of the request, seconded by Mr. Weyandt and carried with Mr. Christiansen voting no.

Capital School District - Replacement of Dover High School Sign - Walker Road

A letter was received from Dr. Edward Goate’, Superintendent of Capital School District, advising of plans for a new Dover High School sign on Walker Road and requesting City assistance on required electrical service.

Mr. Weyandt moved for referral to the Board of Adjustments, seconded by Mr. Witt and unanimously carried.

Delaware Heritage Commission - 200th Anniversary - Ratification of Construction Observances

A resolution was received from the Delaware Heritage Commission outlining plans to commemorate the 200th Anniversary of the Ratification of the Constitution and advising of a meeting on October 18, 1983 at Legislative Hall to discuss observances and activities. The resolution invited all interested citizens to attend the public meeting.

Mr. Witt moved for acknowledgment of the resolution, seconded by Mr. Weyandt and unanimously carried.

Federal Emergency Management Agency - Flood Insurance Study

A letter was received from Mr. Brian R. Mrazik, Chief Engineering Branch, Natural Hazards Division, acknowledging receipt of the annual report for 1982 related to the flood insurance study and advised that no revisions are required at this time.

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

HUD Application - Housing Assistance - Lutheran Senior Services

A letter was received from the Department of Housing and Urban Development, Mr. Thomas R. Aberant, Director of Economic and Market Analysis, advising of an application by Lutheran Senior Services for housing assistance and requested any objections or comments that the City may have.

Mr. Witt moved for referral to the City Manager who will correspond with HUD advising of no objections by the City. The motion was seconded by Mr. Weyandt and unanimously carried.

Replay Family Amusement Center, Inc. - Proposed Schedule of Payments for Amusement Licenses to the City

A letter was received from Mr. David T. Gray, Secretary of Replay Family Amusement Center, located at the Dover Mall, proposing a time schedule for paying amusement license fees to the City. Mr. Gray attached a statement of operations to the letter that incorporated income projections.

Mr. Weyandt moved for denial of the request, seconded by Mr. Shevock and unanimously carried.

Representative E. Stuart Outten - Proposed Meeting of Members of Council and Kent County Levy Court

A letter was received from Representative E. Stuart Outten, copies forwarded to Mayor Carroll and William Paskey (President of Kent County Levy Court), alluding to the subject of cooperation between the City of Dover and Kent County and proposing a meeting between representatives of each body in an attempt to solve mutual problems.

Mayor Carroll stated that the meeting should incorporate discussions on some type of tax relief for citizens of the City of Dover and home rule. He proposed that the chairman of each standing committee of Council represent the City, those being Councilmen Richter, Boaman, Hardcastle and Witt.

Letter to Citizens of Troon Road

Mr. Christiansen moved that a letter devised by Mr. Worley and mailed to citizens of Troon Road, outlining the City’s plans for improvement to the electrical system in the area, be made a part of the permanent records. The motion was seconded by Mr. Weyandt and unanimously carried.

The following is a true copy of the correspondence:

TO:                 Residents on Troon Road from Carnoustie Road west, Sandwich Court and Blackheath Court

FROM:           Tom Worley, Assistant City Manager

SUBJECT:      Outages                                                           DATE:            July 20, 1983

Next Monday, July 25, 1983, work on the loop feed for Troon Road and the adjoining cul-de-sacs from Carnoustie Road west will be initiated. The line will be installed across the street from where the present line is laid and will connect to the existing line at the end of Troon Road creating the loop. Conduit will be placed under all driveways (paved and unpaved) and the condition of the lawns will be returned to their original state. The work will take between three and four weeks.

Immediately following the installation of the loop line, the existing line on Troon will be replaced including the placement of conduit under driveways and the repair of lawns. This will cause a few minor outages between 8:00 a.m. and 4:00 p.m. of fifteen to twenty minutes each when existing transformers are changed to the new cable. No one customer will be affected by more than three of these outages. This work will last between three and four weeks.

By installing the loop feed, power can be restored within thirty to sixty minutes if there is a ground fault or other type of problem in the immediate area. For example, the recent “nightmare” outage of 10+ hours would have been limited to thirty to sixty minutes if the loop feed had been available. Replacement of the existing line will eliminate any future problems that might have occurred if this line had been allowed to remain in service.

In addition to the above, we are exploring some methods of minimizing outages in your area if one should occur during the six to eight week period that the work will take place.

If you have any questions about this memorandum, please do not hesitate to contact me.

EXECUTIVE SESSION

Mr. Witt moved for adjournment into executive session to discus personnel matters, seconded by Mr. Weyandt and unanimously carried.

Meeting Adjourned at 8:48 P.M.

                                                                        WILLIAM H. WILLIS

                                                                        CITY CLERK

All orders, ordinances and resolutions adopted by City Council during their meeting of July 25, 1983, are hereby approved.

CRAWFORD J. CARROLL

                                                                        MAYOR

August 1, 1983

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