REGULAR COUNCIL MEETING

The Regular Council Meeting was held on February 14, 1994 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Hutchison, Mr. Salters and Mr. Hare.

Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Mrs. Boaman and Mr. Rodriguez.

OPEN FORUM

The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Christiansen declared the open forum in session and reminded those present that Council is not in official session and cannot take formal action.

Beverly Sisson - C-5 English Village

Mrs. Beverly Sisson, mother of young Laura Moyer who recently committed suicide at Dover High School, addressed Council. Mrs. Sisson, on behalf of all of Laura's family, relayed appreciation to all of the City public service entities that assisted them during their loss. Because she was at Dover High School during the tragedy, she experienced first hand the immediate response of City of Dover Police, the emergency medical teams and the Police Victims services unit. Her family is very grateful for the sensitivity integrated with the professional duties being carried out by the members of these teams. She has subsequently become aware of the drug enforcement and education units which are a part of the City Police Force. The members of these teams are clearly committed to meeting the challenge of drug use by many of our young people, with a focus on preventive, educational approaches. Each of these units are small in number but strong in spirit, commitment and dedication. She requested that City Council continue to recognize these issues as primary issues of concern of most of the citizens in our community and to continue support and future enhancement of these vital public safety services that are so well provided today. She urged Council to be mindful of how important it is that policy-making and fiscal decisions reflect the public's desire for reassurance that public safety and reduction of crime and drugs remain a priority in Dover. Support and future growth of the above mentioned entities is necessary in order to provide the citizens of our community with confidence that Dover now has, and will continue to have, the most prompt, confident and caring Police and emergency service personnel.

Harry Long - Dedication of Trees and Plaques

Mr. Harry Long, retired from the Department of Defense, addressed Council, stating that in the late 1960's Dover dedicated 17 small trees, across from the Treadway Towers, to members of the community that were killed in action or missing. The area now has very few of the trees left and the plaques are in disarray. He requested that City Council take action to replant the trees, repair the plaques and place a bench in the area for those that may wish to sit and view the area.

Mr. O'Connor stated that he will accompany Mr. Long to the site and determine what action is necessary.

INVOCATION

The invocation was given by Pastor Dixon, followed by the Pledge of Allegiance.

REMARKS ON ICE STORM - CITY MANAGER JAMES O'CONNOR

City Manager, James R. O'Connor, apologized to Dover electric customers who were inconvenienced by the loss of electricity during the ice storm. On the positive side, Mr. O'Connor stated that City staff from all departments worked together as a team and did a magnificent job. He relayed appreciation to the Mayor and members of Council who assisted with incoming telephone calls and to the many private contractors who assisted the City with restoring electricity to our customers. Mr. O'Connor stated that during the ice storm, our trees were our greatest enemy since, heavy laden with ice, they were falling on electric lines faster than we could remove them. The success of our ability to restore electricity to our customers is due to many, many individuals coming together as a team.

Members of Council also expressed appreciation to everyone involved in the restoration of electricity and requested that customers remain patient for permanent repairs to all electric lines.

AGENDA ADDITIONS/DELETIONS

Mr. Leary requested that item #7 (Safety Issues - Mr. Hare) be moved to item #2A. Mr. Christiansen requested that item #4 (Reconsideration of Rezoning - Jane Massey Draper Farm) be deleted. Mr. Leary moved for approval of the agenda as amended, seconded by Mr. Hutchison and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 24, 1994

The Minutes of the Regular Council Meeting of January 24, 1994 were unanimously approved by motion of Mr. Hare, seconded by Mrs. Malone and bore the written approval of Mayor Knopf.

RECOGNITION OF 1993 EMPLOYEE OF THE YEAR - FAYE JOLLY

Council President Christiansen offered the following remarks: Faye Jolly, Secretary III in the Inspections Department, has been chosen as the City of Dover 1993 Employee of the Year. Faye has been employed with the City of Dover for 18 years, and has been described as a very conscientious and professional employee. She has a strong desire to "get the job done and to do it right the first time", and is willing to go that extra mile, which is portrayed in her work performance. Even in the midst of a very busy office, whether the telephone rings or citizens come in, Faye always takes the time to help them courteously and informatively with questions or concerns. Faye is a dedicated employee who is a shining example of "Community Excellence through Quality Service".

As a token of appreciation by the City, Mayor Knopf, Mr. O'Connor and Mr. DePrima presented Faye Jolly with a $500 savings bond and a certificate for three additional vacation days.

Mrs. Jolly conveyed her appreciation for the recognition. She stated that last year, her son Wade Paugh was chosen as the 1992 Employee of the Year, which makes her award even more special. She thanked those that work with her for making her job easier.

COMMENTS - COUNCILMAN WILLIAM HARE

Councilman William Hare, as Chairman of the Safety Advisory Committee, participated in a ride-a-long program with the City Police Department. Since he often gets telephone calls asking questions about the Police Department such as "what do they really do", and "why do we have so many", he decided to see first hand exactly what a police officer does during the course of a shift. Mr. Hare spent a total of 44 hours with four different platoons. He relayed several incidents that he experienced and stated that he never encountered behavior by the officers that was not helpful and professional. Mr. Hare relayed that the paperwork associated with a felony arrest is enormous, stating that one felony arrest can tie up an officer for up to six hours. He relayed pride in the DARE Program, stating that it is exhilarating to see the look of respect in the eyes of our young students for the two officers in the DARE Program.

Mr. Hare referred to the present facilities for the Police Department, stating that their working environment is atrocious. They desperately need to expand their facilities and he invited the general public to tour the police station to see just how crowded and cramped the conditions are at the site.

Mr. Hare relayed his utmost respect for the City of Dover Police Department and its employees.

PUBLIC HEARING - REZONING - 640 S. STATE STREET - KENT GENERAL HOSPITAL

A public hearing was duly advertised for this time and place to consider rezoning of property located at 640 S. State Street, from R-10 (One Family Residence) to I/O (Institutional and Office), owned by Kent General Hospital.

The City Planner, Mr. DePrima, explained that to the north of the property is a single family home zoned R-10, to the northeast and across South State Street are offices zoned R-10, (a surgical center, and a day care center associated with the hospital zoned I/O), to the south and west is the main body of the hospital zoned I/O. Immediately across South State Street to the east is Holy Cross School and Church which is zoned R-10.

The Comprehensive Plan calls for institutional use of the land.

This rezoning application is being made to correct what appears to be a discrepancy in the Kent General Hospital zoning that was recently detected as a result of a refinancing action by the hospital. There is no record that the zoning was ever changed when the northern hospital addition was constructed in 1984. In the R-10 zone, hospitals are a conditional use; however, the 1984 application was not processed as such. It appears that this lot may have been recommended for an administrative re-zoning after completion of the 1977 Comprehensive Plan but the maps were never changed to reflect it.

The Planning Commission recommended approval of the rezoning request. It is viewed as a map correction to put this portion of the hospital building in the same zone as the rest of the hospital building.

Council President Christiansen declared the public hearing open.

Mr. John Paradee, attorney representing Kent General Hospital, reiterated that during a bond refinancing it was discovered that the City's records show this property to be zoned as residential. Although a 1984 Site Plan shows the property zoned as I/O, the zoning map depicts it as residential. Kent General Hospital now requests official rezoning of the property.

There was no one else wishing to speak during the public hearing.

Council President Christiansen declared the public hearing closed.

Mr. Hare moved to approve the rezoning as requested. The motion was seconded by Mr. Hutchison and by a unanimous roll call vote, Council adopted the following ordinance (The first reading of the proposed ordinance was accomplished during the Council Meeting of January 10, 1994):

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 640 SOUTH STATE STREET.

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 R-10 (One Family Residence) to I/O (Institutional and Office).

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 R-10 to I/O on that property located at 640 South State Street, owned by Kent General Hospital.

ADOPTED: February 14, 1994

PUBLIC HEARING - REZONING - 11, 21 & 23 N. STATE STREET - MURIEL SCHWARTZ

A public hearing was duly advertised for this time and place to consider rezoning of properties located at 11, 21 & 23 N. State Street, from RG-1 (General Residence) to CP-O (Commercial/Professional Office), owned by Muriel Schwartz.

Mr. DePrima, City Planner, explained that to the north and east of the site and across Delaware Avenue and American Avenue are residences in the RG-1 zone. To the southeast and across American Avenue is a maintenance building associated with Wesley College that is zoned RG-1, further to the southeast and across Division Street are Professional Offices zoned RG-O (Residence/General Office). Immediately adjacent to the south is a small city park zoned RG-1 and further south, and southwest across Division Street is an office building and two apartment buildings which are zoned RG-O. To the west and across North State Street are a combination of private residences and buildings associated with Wesley College that are zoned RG-1. It should be noted that the southern most building (11 North State Street) and the lands to the south of it are in the Historic District zone.

The 1986 Comprehensive Plan calls for this site to be developed for Government and Institutional Use. This designation is given because of the site's close proximity to Wesley College. Office use is more closely related to government/institutional uses than is the existing residential zoning.

The 1989 Central Area Plan did not make any strong commitments on how this site should be used. It does state in the section listing "development opportunities" the following: State Street and Division Street Block This entire block along the east side of State Street had been acquired by a single owner. The site contains two historic houses and a significant amount of open space. The owner has proposed both a small hotel and residential condominiums. It is an excellent site for either use provided the historic structures and the City owned park along Division Street can be protected.

The 1989 Central Area Plan does not call for a change in the zoning, but under the section titled Recommended Zoning Plan it does state that the "existing zoning classifications for the area around Wesley College and for the State Street Block would be retained, allowing the City to make zoning changes in these areas based on specific proposals from property owners."

In the general zone description for the CP-O zone, it states that one of the purposes of the CP-O zone is "to prevent the development of professional offices in healthy, mature residential neighborhoods". It does not appear that this proposal violates this principle. To the north and northeast of the site is a mature residential neighborhood, while properties to the northwest, west and south are more oriented toward multi-family, professional office and institutional uses. The fact that these buildings separate these two different neighborhoods indicates it can serve as a transitional use as long as offices are of a lower density nature. In addition, the fact that these buildings have stood vacant for several years indicates that its "health" is not strong and perhaps an alternative zoning can attract investments that will revitalize the structures.

The CP-O zone requires three minimum conditions for rezoning: 1) the property must be 100 feet wide and 100 feet long, 2) it must be served by public water and sewer, and 3) it must have frontage of sufficient width that allows for safe and efficient access that is adequately spaced from the accesses of neighboring properties. The proposed property clearly meets the first two requirements, and all accesses would be off of American Avenue and across the street from neighboring homes.

A rezoning to CP-O also requires that a site plan be submitted with the application. The Site Plan submitted does not show any new structures to be constructed and indicates that parking would be located in the rear yards of the property. The design would be submitted later and is subject to further site plan review. The office will encourage a design that unifies the parking for all three properties. Offices within the existing structures would be lower density by virtue of physical restriction of the buildings themselves.

It must be noted that any decision made by City Council regarding the CP-O zone is based on the submitted site plan, and any deviation from the site plan would require City Council re-approval of the CP-O zone.

The Planning Commission adopted a motion in support of the rezoning of the properties to CP-O with the following conditions that are intended to protect the surrounding properties from over development of the site:

1.  A note to the rezoning application/conceptual plan be added stating the following:

Whereas, under Article 3, Section 26.130 Procedure Application for Rezoning, Subsection (1), of the Zoning Ordinance it requires a Preliminary Site Plan be submitted for consideration of rezoning approval, any deviation to this plan, other than the addition of parking areas approved by the Planning Commission, shall require re-approval of the CP-O zone designation by the Dover City Council prior to further site plan review or approval by the City Planning Commission.

2.  A note is to be added to the zoning plan indicating that the parking areas require site plan approval and that the parking lots shall be uniformly designed for all three properties and that cross access agreements and shared driveways may be required.

3.  That the properties at 21 & 23 North State Street be included in the Historic District zone.

Mr. DePrima reminded Council that their denial of a previous rezoning (Horsey property), from residential to office use, made it clear that the concerns of the neighbors of encroachment of office uses into residential neighborhoods was very important. Based upon this concern, he applied the condition of inclusion of 21 & 23 N. State Street into the Historic District, noting that 11 N. State Street is already in the Historic District. This condition will afford the adjacent property owners additional protection of proposed uses of the properties. Mr. DePrima stated that inclusion of the two properties into the Historic District will not impede development of the site and would actually make development easier since all three properties would be treated under the same conditions. Mr. DePrima felt that inclusion of the properties into the Historic District would be better for all prospective buyers so that they are fully cognizant of the concerns of the City and the neighbors relative to proposed uses of the properties.

Responding to questions by Mr. Christiansen on the current structural status of the buildings, Mr. DePrima stated that he has not been in all three buildings and has not seen the structural engineer's reports. However, there have been several code violations on the exterior of the buildings which are slowly being corrected.

Mr. Salters questioned why the Historic District Commission did not make a recommendation on the proposal and if their recommendation is necessary in order for Council to move forward. Mr. DePrima stated that although a report by the Historic District Commission should be made to Council prior to a final decision, the Commission chose to take no action until after Council had reviewed the request.

Asked by Mr. Hutchison about the site plan requirements in the C-P0 zone, Mr. DePrima stated that the C-P0 zone is the only one that requires site plan approval as a part of the zoning decision. Therefore, should the proposed site plan change from what it is today, Council would have to reconsider the proposal.

Mr. Tudor questioned the advisability of requiring that the properties be included in the historic district, feeling that it is unfair of the City to change the status of the properties when the owner is in the middle of trying to sell them. He felt that it is particularly unfair since the property owner strongly opposes the codicil as a condition of rezoning. He felt that Council should work closely with the owner so that the properties can be developed properly and so that they are not permitted to continue deteriorating.

Council President Christiansen declared the public hearing open.

Mr. Terry Jackson, Chairman of the Historic District, stated that the Commission did not make a recommendation on the proposal since two of the properties are not currently in the historic district and because the owner requested that the commission delay action so that the rezoning is considered on its own merits. The owner requested that she not be "encumbered" by a recommendation of the Commission. Mr. Jackson voiced his opinion that the three properties could easily meet the criteria of the historic district and that inclusion into the historic district would actually help to market the properties. He stated that for persons wishing to develop historic properties, placement within an historic district is considered beneficial since they are assured that their investment is protected by virtue of the historic district regulations.

Mr. William Witham, attorney representing the owner, Ms. Muriel Schwartz, spoke on her behalf. He stated that if a developer wanted the protection of historic district regulations, they could easily request inclusion into the historic district after purchase. This process would leave the decision up to the purchaser rather than encumbering a possible sale by the current owner. Mr. Witham stated that the owner completely agrees with the recommendation of the Planning Commission with the exception of the requirement of inclusion into the historic district. Mr. Witham explained at length the attempts made by the owner to develop the properties, stating that Ms. Schwartz sincerely wants to sell the properties so that they will be an asset to the community. However, they feel that each property must be looked at individually and should not be lumped together as one parcel. They are huge Victorian structures that will be very expensive to acquire and utilize. Mr. Witham stated that it will cost a tremendous amount of money to restore these properties to their original and historical structure. They felt it very unfair to the owner to impose a tremendous economic burden on someone that bought these properties when they were not in the historic district and did not request inclusion of the properties into the historic district. The owner objects to the City arbitrarily placing her properties in the historic district without her consent. They also voiced concern that the requirement seems like conditional zoning, which is not legal. Mr. Witham reminded members of Council that the neighbors have adequate protection by virtue of the fact that the C-P0 zone requires site plan approval as a part of the rezoning. Mr. Witham reminded Council that the owner is having enough difficulty in selling the properties and implored Council to not make it more difficult by placing additional regulations at this time.

Mr. Witham referred to a letter submitted by Sidney Craven, Executive Director of Preservation Delaware, which stated "Realizing there is a condition floating that 21 & 23 N. State Street be included in the Historic District prior to the rezoning, we would ask that flexibility be used on this condition. I would urge the City Council members to focus on the end result of saving the buildings by the most expedient means possible. If future owners of the restored buildings wish to add them to the district, let that be their choice." Mr. DePrima stated that although he respects Mr. Craven's opinion, he wished the record to reflect that Mr. Craven has had no conversations or consultations with the Planning staff and, therefore, had no background information on the position of the Planning staff on this matter.

Mr. Tom Burns, realtor representing Ms. Schwartz, stated that the likelihood of developing the three structures as one unit are very slim. He feels that inclusion of the two properties into the historic district will only add a level of bureaucracy for a potential buyer to deal with. They would like to keep the properties as free from restrictions as possible so that the sale is not hindered. They feel that the requirements of the C-P0 zone for resubmission if the site plan is altered provides ample protection for the surrounding property owners.

Mr. Wayne Holden of 333 Pennsylvania Avenue addressed Council on the proposed rezonings. Mr. Holden stated that he has watched these properties since the early 1960's go through a transition from use as a residence/dormitory for Wesley College, a music facility, mess hall, and later as a facility for summer Army troops. Since the 1960's, the properties have not been used as private residences. During the past five to six years, the owner has attempted to develop the properties in some form and has been unsuccessful. Mr. Holden stated that the likelihood of these properties ever being used for residential purposes again is very slim. As a resident living close to the properties, he wholeheartedly endorsed the rezoning to C-P0, in the hopes that something good will come of the properties. He stated that Council has an obligation to facilitate a positive change to these properties as they are a very important part of the City of Dover. He felt that the citizens of Dover trust the judgement of City Council and felt no need to place an additional constraint on the present or anticipated owners of the properties by including them in the historic district.

Mr. Daniel Zeeman of 31 American Avenue voiced his opposition to the proposed rezoning. Although he does not feel that an owner should be forced into the historic district, he objected to the rezoning for fear of what types of uses are permitted within the C-P0 zone. He reminded Council that Ms. Schwartz purchased the properties knowing they were zoned as residential and with no promises or guarantees that they could be rezoned as commercial. Mr. Zeeman also voiced concern with the manner in which the owner maintains the outside of the properties, stating that he often has to call the City to have them force the owner to have the grass cut and the debris picked up.

Mr. James DeLeo of 105 N. State Street stated his concern with the proposed rezoning. He reminded Council that the neighbors have been through a great deal of turmoil during the past few years over proposed uses of the Schwartz properties. The neighbors do not object to proposed uses that are in harmony with the neighborhood but strongly object to any use that will jeopardize the integrity of their residential community. He agreed that in order to do anything with these properties, all involved parties will need to work together. However, he stated that Ms. Schwartz has had offers on the properties which she refused and which explains why the properties still sit vacant and continue to deteriorate. Mr. DeLeo relayed that placement of 21 and 23 N. State Street in the historic district offers the neighbors additional protection that the neighborhood will stay somewhat the same. He offered no objections to the proposed C-P0 zoning but suggested the codicil of placing the properties in the historic district.

Ms. Nancy Gardner of 213 N. State Street stated that the neighbors have observed these properties undergo a number of changes over the years and sympathize with the owner in her futile attempt to develop the properties. However, most of the neighbors have owned their homes for several years and want to protect the integrity of the neighborhood. The neighbors, however, do not object to any and all proposed uses. They do recommend inclusion of the properties into the historic district, stating that the City went to great detail in creating the historic district guidelines and that they should be utilized for these properties. The guidelines can actually be very helpful to property owners in restoration and development of historic properties.

Mr. Edward Clevenger of American Avenue stated that he has been fighting development of this property since 1988. Even though the owner has been successful in rezoning the properties, she has not yet developed the properties according to her plan and the properties revert back to their original zoning. Mr. Clevenger stated that the neighbors are tired of constantly fighting for preservation of the integrity of their neighborhood. They do not object to the proposed rezoning to C-P0 providing that 21 & 23 N. State Street are included in the historic district. Mr. Clevenger stated that although the City has forced Ms. Schwartz to make improvements to the front of the structures, facing State Street, the rear of the properties and the rear yards are in deplorable condition. His property backs up to the properties and he constantly has to call the City to get Ms. Schwartz to have the grass cut. He felt that the owner should work harder to be a positive part of the community and to at least meet the minimum requirements of yard maintenance.

Mr. Mark Achenbach of 21 American Avenue stated his objections to the proposed rezoning. He stated that the owner knew what she was buying at the time of purchase and she has not invested the necessary amount of money to maintain the properties which has reflected on the possible resale of the properties. He stated that if Ms. Schwartz made a bad business decision, it is not the City's responsibility to make it good. The neighboring property owners are opposed to the proposed rezoning and he urged Council to deny the requested rezoning.

Council President Christiansen declared the public hearing closed.

Mr. Salters moved that action be tabled until after a recommendation has been received from the Historic District Commission, seconded by Mrs. Malone. The motion failed by a vote of four (4) yes (Mr. Lambert, Mrs. Malone, Mr. Salters and Mr. Christiansen) and five (5) no.

Mr. Leary moved to approve the rezoning of 11, 21 & 23 N. State Street to C-P0, with the following conditions:

1.  A note to the rezoning application/conceptual plan be added stating the following:

Whereas, under Article 3, Section 26.130 Procedure Application for Rezoning, Subsection (1), of the Zoning Ordinance it requires a Preliminary Site Plan be submitted for consideration of rezoning approval, any deviation to this plan, other than the addition of parking areas approved by the Planning Commission, shall require re-approval of the CP-O zone designation by the Dover City Council prior to further site plan review or approval by the City Planning Commission.

2.  A note is to be added to the zoning plan indicating that the parking areas require site plan approval and that the parking lots shall be uniformly designed for all three properties and that cross access agreements and shared driveways may be required.

The motion was seconded by Mr. Hutchison and by a roll call vote of five (5) yes, four (4) no (Mr. Pitts, Mrs. Malone, Mr. Salters and Mr. Christiansen) Council adopted the following ordinance (The first reading of the proposed ordinance was accomplished during the Council Meeting of January 10, 1994):

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 11, 21 AND 23 NORTH STATE STREET.

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-1 (General Residence) to CP-O (Commercial/Professional Office).

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-1 to CP-O on that property located at 11, 21 and 23 North State Street, owned by Muriel Schwartz.

ADOPTED: February 14, 1994

A five minute recess was taken.

LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met on January 25, 1994 with Chairman Salters presiding.

Comprehensive Annual Financial Report - 1992/93

The City's Annual Financial Report for fiscal year 1992/93 was prepared and published by the Finance Department and is audited by the independent certified public accounting firm of Faw Casson & Company. Mr. Salters had noted concern with the need for guidelines on budgetary constraints to prevent departments from spending money that has not been budgeted.

Mr. O'Connor also felt that it is necessary to maintain flexibility so that staff would be permitted to react to budgetary needs in an emergency situation. To address those concerns noted in the CAFR, he suggested that he work with the Finance Director to assure that departments are adhering to the present policy.

The committee recommended acceptance of the Comprehensive Annual Financial Report for fiscal year ended June 1993, stipulating that staff consider the concerns that have been noted.

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

Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Hare and unanimously carried.

UTILITY COMMITTEE REPORT

The Utility Committee met on January 25, 1994 with Chairman Lambert presiding.

Notification of Assessments - Sewer Mains - U.S. Route #113

In accordance with Section 18.7-2 of the Dover Code, the property owners of land adjacent to the proposed U.S. #113 Sewer Main have been notified of the proposed project and that their property will be assessed as a result of the construction.

In 1992, staff contacted the property owners and, since they were in favor of the project, funding was included in the 1993 Water/Wastewater Revenue Bond Issue. The cost for the construction of the U.S. Route #113 Sewer Main is estimated at $70,000; therefore, staff has estimated the assessment charge to be $40.00 per front foot. The Public Works Department has been in contact with all property owners and that no one has relayed opposition.

The committee recommended that staff be authorized to proceed with the design and bidding of the U.S. Route #113 Sewer Main Project.

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

Notification of Assessments - Sewer Mains - Bennington Street to Independence Blvd

In accordance with Section 18.7-2 of the Dover Code, the property owners of land adjacent to the proposed Route #8 Sewer Main were notified of the proposed project and that their property would be assessed as a result of the construction. It was noted that the sewer main will be designed so that it can be extended to the property that is currently out of the City's limits, west of Dunkin' Donuts.

The cost for the construction of the Route #8 Sewer Main is estimated at $43,000; therefore, staff has estimated the assessment charge to be $40.00 per front foot. The Public Works Department has been in contact with all property owners and no one has relayed opposition.

The committee recommended that staff be authorized to proceed with the design and bidding of the Route #8 Sewer Main Project.

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

Bid - Pear Street Ditch

Due to difficulties in maintaining the ditch behind the Del-Vets Club located on Pear Street, bids were solicited to enclose the ditch with pipe from the north side of the entrance of Fairview Elementary School to Walker Road. Funding for this project was obtained in 1993 from the State Suburban Street Aid Fund. The Engineer's estimate was $67,625.

The committee recommended awarding the bid to the low bidder, R.A.M. Construction Company, in the amount of $65,921.

Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Hare absent).

Acceptance of Dedication of Rights-of-Way - Adams Court

The developer of Adams Court has requested that the City accept the street for maintenance and ownership. The area to be considered includes the travelway, parking spaces, and the curbline. It was noted that Adams Court was originally developed as a privately maintained road. The owner recently constructed another set of townhouses at the end of the road and was required to reconstruct Adams Court to meet current City street design specifications. After construction was completed, staff inspected the improvements and found them to be satisfactory. A one-year maintenance agreement and bond and a release of liabilities have been submitted.

The committee recommended acceptance of the dedication of Adams Court .

Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Hutchison and carried by a unanimous roll call vote (Mr. Hare absent).

Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr.  Hutchison and unanimously carried.

APPOINTMENT - PLANNING COMMISSION

Mayor Knopf requested confirmation of the reappointment to the Planning Commission of William DiMondi to represent the Second District for a three year term, to expire February 28, 1998.

Mr. Salters moved for confirmation of the appointment, seconded by Mr. Hutchison.

Noting that two additional appointments need to be made to the Planning Commission, Mr. Tudor questioned the advisability of one-third of the Planning Commission members' terms expiring just prior to an election. He noted that there is always the possibility of a new Mayor resuming duties in May of the years when Mayoral elections take place and felt that appointments of this nature should be made after the election process to ensure that appointments are made by the Mayor that will be working with the appointed members.

Mr. Leary urged members of Council to move forward on the motion. He suggested that any proposed changes be considered for future appointments and that the appointment before Council be confirmed.

Members of Council discussed this matter at length and directed that the Solicitor research the nature of the Planning Commission appointments being in February and to give advice on the legality of an appointee serving beyond his term expiration date in the event that a new appointment has not been confirmed.

On a call for the question on the motion to confirm the reappointment of Mr. William DiMondi to the Planning Commission, the motion was approved by a roll call vote of seven (7) yes, one (1) no (Mr. Pitts) and one (1) absent (Mr. Hare).

Mr. Salters moved that the Solicitor research the matter for review by the Legislative and Finance Committee after the 1994 municipal election. The motion was seconded by Mr. Pitts and unanimously carried.

CONFIRMATION - ELECTION OF POLICE PENSION MEMBER

Chief Smith reported that the term of Charles Donovan on the Police Pension Committee has expired and that only one nomination was made to fill the position. Therefore, it is requested that confirmation be given for Sgt. Steven Rogers to serve on the Police Pension Committee for a three (3) year term, to expire on February 1, 1997.

Mr. Hutchison moved for approval of the appointment, seconded by Mrs. Malone and unanimously carried.

ANNUAL REPORT - FIRE CHIEF

Former Fire Chief Edwin Baker submitted the 1993 Annual Report of the Fire Chief for Robbins Hose Company. Mr. Salters moved for acceptance of the report, seconded by Mrs. Malone and unanimously carried.

Mr. Salters moved for adjournment, seconded by Mr. Leary and unanimously carried.

Meeting Adjourned at 10:50 P.M.

                             DEBRAH J. BOAMAN

                             CITY CLERK

All orders, ordinances and resolutions adopted by City Council during their meeting of February 14, 1994, are hereby approved.

                             AARON O. KNOPF

                             MAYOR

/jg