City of Dover, Delaware - Regular City Council Meeting

Regular City Council Meeting

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Dec 13, 1993 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on December 13, 1993 at 7:30 p.m. 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, Fire Chief Baker, Mrs. Green 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.

No one was present wishing to speak during the Open Forum.

The invocation was given by Reverend James A. Lot, Jr., followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

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

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 22, 1993

The Minutes of the Regular Council Meeting of November 22, 1993 were unanimously approved by motion of Mr. Leary, seconded by Mrs. Malone and bore the written approval of Mayor Knopf.

UPDATE - METROPOLITAN PLANNING ORGANIZATION (MPO)

Mayor Knopf provided members with a brief update on the Metropolitan Planning Organization (MPO). He explained that the MPO is given power through the Federal Intermodle Service Transportation Efficiency Act of 1991. This Act requires governments to establish MPO for every urban area with more than 50,000 people. Under this Act, State Transportation Departments are required to cooperate with the MPO in developing long-range transportation plans and in developing transportation programs to improve air quality. In addition, the State must now cooperate with the MPO on selecting capital improvement projects.

Mayor Knopf advised members that the Dover MPO is the first organization that has the ability to interject local thoughts and preferences into state highway and public transit planning programs in Dover. The City of Dover is clearly providing a leadership role in this organization. Dover MPO has been advocating the establishment of a transportation planner/coordinator to assure that the MPO progresses. Although State personnel regulations prevent this occurring immediately, the City is now circumventing this by taking the lead in creating the MPO as a non-profit corporation that can employ a staff person. The City will act as a surrogate employer and all expenses will be reimbursed by DelDOT.

Due to the MPO's efforts, Mayor Knopf indicated that the Greater Dover Transportation Study has officially been converted into the Greater Dover Area Long-Range Transportation Plan and considered a priority. Completion of the plan is due in the Fall of 1994.

Several Members of Council relayed their appreciation for the efforts of everyone that serves on the MPO.

PUBLIC HEARING - DEMOLITION/REPAIR OF 208 SOUTH GOVERNORS AVENUE AND 213 AND 215 NORTH STREET

A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building ordinance at 208 South Governors Avenue and 213 and 215 West North Street, owned by Bernie Gilden. The Building Inspector, Mr. DePrima, stated that the property at 208 South Governors Avenue is a two story frame commercial building and the property at 213-215 West North Street is a two story frame duplex residential structure. Both structures are located on the same lot and are currently vacant.

Mr. DePrima showed slides depicting the structural deterioration throughout the buildings. He explained that the structure located at 208 South Governors Avenue has begun to deteriorate due to improper surface coating, broken windows, and structural openings. The structure located at 213-215 West North Street has rotted timbers, falling ceilings, broken windows, and the chimney has begun to separate from the main structure. Staff recommended authorization to proceed with the necessary repairs to the structure at 208 South Governors Avenue, at a cost of approximately $3,000 and demolition of the structure at 213 West North Street, at a cost of approximately $7,500 and that the proper liens be placed on the property.

Council President Christiansen declared the public hearing open.

Mr. Roy Shields, representative of Mr. Bernie Gilden, advised members that the owner is presently negotiating the sale of the properties and requested a 90 day delay to complete the pending sales transaction. He assured members that if the sale fails to be complete within the 90 days, the owner will demolish and/or make the necessary repairs to the properties in accordance with the dangerous building ordinance.

Mr. DePrima advised members that the properties have been in disrepair for 14 years and did not feel that the demolition and repairs to the properties should be delayed. Noting that the demolition and repair of the structures is inevitable, he suggested that the costs involved be included in the sale of the properties. Mr. DePrima also advised members that within the last two (2) years, there have been several purchasing interests for this property and reminded members that sale of property takes time to come to fruition. Since there has not been a contract or price offered for the property, it was his feeling that there is nothing eminent regarding the sale of the properties.

Responding to Mr. Tudor, City Solicitor Rodriguez advised members that the City could be held responsible since the Building Inspector has determined that the properties are dangerous. It was Mr. Lambert's feeling that the safety of the structure should be considered and that liability should not be the issue.

Mr. DePrima explained that authorizing staff to proceed with the demolition and repairs of the structures would not prohibit staff from working with the owner.

Council President Christiansen declared the hearing closed.

Mr. Lambert moved to recommend that staff be authorized to proceed with the demolition and repairs to the structures at 208 South Governors Avenue and 213-215 West North Street. The motion was seconded by Mr. Hutchison and carried by a unanimous roll call vote.

PUBLIC HEARING - REZONING OF PROPERTY LOCATED AT 309 S. GOVERNORS AVENUE AND 116-118 AND 120-122 NORTH STREET

A public hearing was duly advertised for this time and place to consider rezoning of property located at 309 S. Governors Avenue and 116-118 and 120-122 North Street, owned by George R. Ellis and Anne Ellis Carr. The present zoning classification is C-3 (Service Commercial) and RG-1 (General Residence) and the proposed zoning is C-2 (Central Commercial). There is a two story block building at 309 S. Governors Avenue, which has retail commercial on the first floor and apartments on the second floor. There is no proposed change to this property. There is a one story block building located at 116-118 and 120-122 North Street which is currently vacant, a former auto body shop, and a parking lot currently leased to the Parking Authority. The owners are proposing to demolish the building and replace it with a private parking lot to be associated with Loockerman Square.

Planner's Review

The properties are located in central Dover and are surrounded by various uses and zones. To the north and across North Street, the rear portions of the retail stores that front on Loockerman Street are generally zoned C-2 (Central Commercial). To the east are parking lots associated with the Loockerman Square complex and to the south are a variety of commercial uses, parking lots and apartments, generally zoned C-3 (Service Commercial) or General Residences (RG-1). To the west and across South Governors Avenue is the "Meeting House Square" museums zoned I/O (Institutional and Office). The properties that are immediately to the north and west of the lots in the Inn at Meeting House Square are zoned RG-O (Residence and General Office) and a mixed use of office and apartments zoned C-3. It was also noted that to the south of the site is the historic district overlay zone, and that a small portion of the site is actually in the zone.

The Comprehensive Plan designates this site for "Central Commercial" uses. The continued retail/residential use in the proposed C-2 (Central Commercial) zone for the parcel is more compatible than the existing C-3 (Service Commercial) zone in that the C-2 zone is the recognized "downtown" zone.

Mr. DePrima, City Planner, stated that the design plans have not been received for the proposed parking lot and that site plan review will be required prior to construction of the lot. He advised members that there is a need for additional employee parking Downtown and that the proposed use as an additional parking lot for the Loockerman Square tenants would be helpful by relieving pressure on employees to park in the on-street two hour customer parking areas.

Correspondence

The Assistant City Clerk reported that no correspondence was received on the proposed rezoning.

Public Hearing

Council President Christiansen declared the hearing open.

Mrs. Bonnie Johnson, owner of property at 126 and 128 North Street, indicated that the proposed parking lot would border on three sides of her property. Noting that the parking lot is currently dirt and absorbs rain, she relayed concern with the run-off and storm drainage for the parking lot. Mrs. Johnson also requested that beautification of the lot be considered to obscure the parked cars by planting trees and shrubs.

Responding, Mr. DePrima explained that this is a rezoning request and that site plans have not been submitted on the actual parking lot. The Planning Department would review the parking lot when the construction plans are submitted for the design of the parking lot. He stated that the plans would not require the Planning Commission's approval since there is no structure associated; however, staff will review the plans to assure it meets all the zoning requirements. Mr. DePrima advised members that in accordance with City regulations, we are required to meet and comply with the soil conservation district regulations.

Council President Christiansen declared the hearing closed.

Mr. Hare moved that the property be zoned C-2 (Central Commercial) as recommended by the Planning Commission. The motion was seconded by Mr. Salters 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 October 24, 1993).

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED 309 S. GOVERNORS AVENUE, 116-118 AND 120-122 NORTH 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 C-3 (Service Commercial) and RG-1 (General Residence) to C-2 (Central Commercial).

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 C-3 (Service Commercial) and RG-1 (General Residence) to C-2 (Central Commercial) on that property located at 309 S. Governors Avenue, 116-118 and 120-122 North Street, owned by George R. Ellis & Anne Ellis Carr.

ADOPTED: December 13, 1993

ANNEXATION/REZONING - RALPH AND DOROTHY JONES - 222 MIFFLIN ROAD

An annexation referendum was held on December 9, 1993 for property located at 222 Mifflin Road, owned by Ralph and Dorothy Jones.

Referendum Results

The Assistant City Clerk reported that the referendum was held with only two eligible voters. Two votes were cast in favor of the annexation, with no votes cast against annexation. Mr. Salters moved for acceptance of the referendum results, seconded by Mr. Hare and unanimously carried.

Annexation

By motion of Mr. Lambert, seconded by Mr. Salters, Council adopted the following Resolution by a unanimous roll call vote (Mr. Hare absent):

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

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

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

WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.

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

1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:

ALL that certain lot, piece or parcel of land with the improvements thereon erected situated in East Dover Hundred, Kent County, State of Delaware; being a part of lots #12, #13 and #14 as laid out in the Atlantic Land Co. Development; lying of the southwesterly side of Mifflin Road between Hazlettville Road and Hartly Road; being bounded on the northeast by Mifflin Road, on the southeast by lot #14, on the southwest by other lands now or late of the Atlantic Land Co., and on the northwest by the residue of lots #13 and #12; and being more particularly described as follows, to wit:

BEGINNING at a pipe set in the southwesterly line of Mifflin Road at a corner for this lot and for the residue of lot #14; said point of beginning being 900.8 feet as measured in a northwesterly direction from the intersection of the southwesterly line of Mifflin Road with the old north line of Hazlettville Road; thence running from said point of beginning with the residue of lot #14 on the following two courses: (1) South 58° 45 minutes West 100.00 feet to a post; thence (2) South 65° 35 minutes West 187.51 feet to a pipe set in line of other lands now or late of the Atlantic Land Co.; thence running with other lands of said land co. North 24° 25 minutes West 89.90 feet to a pipe set at a corner for this lot and for the residue of lot #13; thence running with the residue of lots #13 and #12 North 59° 28 minutes East 273.13 feet to a concrete monument set in the southwesterly line of Mifflin Road; thence running with the southwesterly line of said road on the following two courses: (1) in a southeasterly direction with a 2894.90 foot radius curve to the left an arc distance of 38.10 feet; thence (2) South 32° 16 minutes 30 seconds East 70.00 feet to the place of beginning; be the contents thereof what they may.

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

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

4. That the effective date of this resolution shall be the 14th day of December, 1993 at 12:01 a.m. o'clock.

ADOPTED: December 13, 1993

Public Hearing - Zoning Classification

The City Planner explained that the property proposed for annexation is a single family residence and did not require referral to the Planning Commission. The current county zoning classification for the property is RS-1 (Single Family Residence). The City Planner recommended that the property be given a City of Dover zoning classification of R-8 (Single Family Residence).

Council President Christiansen declared the public hearing open.

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

Council President Christiansen declared the public hearing closed.

Mr. Salters moved that the property be zoned R-8 (Single Family Residence) as recommended by the City Planner. 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 October 12, 1993).

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 222 MIFFLIN ROAD.

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 RS-1 - Single Family Residential (Kent County zoning classification) to R-8 - Single Family Residential (City of Dover zoning classification).

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 RS-1 (Kent County zoning classification) to R-8 (City of Dover zoning classification) on that property located at 222 Mifflin Road, owned by Ralph C. and Dorothy S. Jones.

ADOPTED: December 13, 1993

ANNEXATION/REZONING - CAROL VETTER - 140 MIFFLIN ROAD

An annexation referendum was held on December 9, 1993 for property located at 140 Mifflin Road, owned by Carol Vetter.

Referendum Results

The Assistant City Clerk reported that the referendum was held with only three eligible voters. One vote was cast in favor of the annexation, with no votes cast against annexation. Mr. Salters moved for acceptance of the referendum results, seconded by Mr. Leary and unanimously carried.

Annexation

By motion of Mr. Lambert, seconded by Mr. Leary, Council adopted the following Resolution by a unanimous roll call vote (Mr. Hare absent):

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

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

1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:

ALL those certain lots, pieces or parcels of land and premises situated in East Dover Hundred, Kent County and State of Delaware, lying on the westerly side of the Blacktop public road leading from the Dover-Hartly Road to the Dover Hazlettville Road, designated as lots #5 and #6 on a plot of lands of Atlantic Land Co., Inc., of record in the office of the Recorder of Deeds at Dover, Delaware, in Plot Book 3, Page 157, bounded on the North by lot #4 and on the south by lot #7 as said lots appear on the aforesaid plot on the west by lands of Eugene B. Gagen, et ux, and on the east by the said Blacktop public road and being more particularly described as follows, to wit:

BEGINNING at a point in the westerly right of way line of the aforesaid blacktop public road at a distance of 400 feet south of lands now or formerly of Donald G. Carey, et ux, said distance of 400 feet being measured along the westerly right of way line of said blacktop public road; thence binding with the southerly line of lot #4, south 65 degrees 35 feet West a distance of 250 feet to a point of lands now or formerly of Eugene B. Gagen et ux; thence binding with the said Gagen lands South 24 degrees 25 feet East a distance of 200 feet; thence binding with the northerly line of lot #7 North 65 degrees 35 feet East a distance of 250 feet to a point in the westerly right of way line of said blacktop public road; thence binding with the westerly right of way line of the said blacktop public road, North 24 degrees 25 feet West a distance of 200 feet back to the place of beginning, be the contents thereof whatsoever they may.

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

4. That the effective date of this resolution shall be the 14th day of December, 1993 at 12:01 a.m. o'clock.

ADOPTED: December 13, 1993

Public Hearing - Zoning Classification

Council President Christiansen declared the public hearing open.

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

Council President Christiansen declared the public hearing closed.

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 140 MIFFLIN ROAD

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

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

ADOPTED: December 13, 1993

ANNEXATION/REZONING - RUTH DAVIS - 156 MIFFLIN ROAD

An annexation referendum was held on December 9, 1993 for property located at 156 Mifflin Road, owned by Ruth Davis.

Referendum Results

The Assistant City Clerk reported that the referendum was held with only one eligible voter. One vote was cast in favor of the annexation, with no votes cast against annexation. Mr. Salters moved for acceptance of the referendum results, seconded by Mr. Lambert and unanimously carried.

Annexation

By motion of Mr. Salters, seconded by Mr. Leary, Council adopted the following Resolution by a unanimous roll call vote:

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

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

1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:

ALL that certain lot, piece or parcel of land and premises situated in East Dover Hundred, Kent County and State of Delaware, lying on the west side of the blacktop public road leading from the Dover-Hartly Road (Horsehead Road) to the Dover-Hazlettville Road, designated as Lot No. 7 on a plot of lands of Atlantic Land Co., Inc., of record in the Office of the Recorder of Deeds at Dover, Delaware, in Plot Book 3, Page 157, bounded on the north by Lot No. 6 and on the south by Lot No. 8 as said lots appear on the aforesaid plot, on the west by other lands of the grantor and on the east by the said blacktop public road, and being more particularly described as follows, to wit:

BEGINNING at a point in the west right of way line of the aforesaid blacktop public road at a distance of six hundred (600) feet south of lands of Donald G. Carey and Pauline H. Carey, his wife, said distance of six hundred (600) feet being measured along the west right of way line of the said blacktop public road; thence binding with the south line of Lot No. 6 south sixty-five (65) degrees thirty-five (35) minutes west a distance of two hundred fifty (250 ) feet to a point in line of other lands of the grantor; thence binding with other lands of the grantor south twenty-four (24) degrees twenty-five (25) minutes east a distance of one hundred (100) feet; thence binding with the north line of Lot No. 8 north sixty-five (65) degrees thirty-five (35) minutes east a distance of two hundred fifty (250) feet to a point in the west right of way line of the said blacktop public road; thence binding therewith north twenty-four (24) degrees twenty-five (25) minutes west a distance of one hundred (100) feet to the place of BEGINNING, and containing twenty-five thousand (25,000) square feet of land, be the same more or less.

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

4. That the effective date of this resolution shall be the 14th day of December, 1993 at 12:01 a.m. o'clock.

ADOPTED: December 13, 1993

Public Hearing - Zoning Classification

Council President Christiansen declared the public hearing open.

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

Council President Christiansen declared the public hearing closed.

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 156 MIFFLIN ROAD

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

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

ADOPTED: December 13, 1993

ANNEXATION/REZONING - JEFF AND AUDREY DANIELS - 238 MIFFLIN ROAD

An annexation referendum was held on December 9, 1993 for property located at 238 Mifflin Road, owned by Jeff and Audrey Daniels.

Referendum Results

The Assistant City Clerk reported that the referendum was held with only two eligible voters. No votes were cast in favor of the annexation, with two votes cast against annexation. Mr. Salters moved for acceptance of the referendum results, seconded by Mr. Hutchison and unanimously carried.

UTILITY COMMITTEE

The Utility Committee met on November 23, 1993 with Chairman Lambert presiding.

Update on Cable Franchise Renewal

Mr. Karia, Finance Director, advised members that a draft franchise agreement has been prepared and presented to ComCast for their approval. In reviewing the Cable Franchise Renewal, the Cable Committee considered the legal, business, and community related aspects. Mr. Karia stated that ComCast is scheduled to respond to the draft agreement in February at which time a recommendation will be presented to the Utility Committee.

Noting that the current Franchise Agreement expires January 10, 1994, Mr. Lambert explained that a Memorandum of Understanding is being considered to extend the current Franchise.

Mr. Lambert stated that the Cable Committee reviewed several alternatives including the concept of obtaining fiber optic equipment. He briefly reviewed the many possibilities that fiber optic equipment could bring to the City, as follows:

Cable Telephone Businesses

Much Higher Quality Video Broadcasting Communications between

More Channels Utility Monitoring Various Locations

Lower Costs Load Monitoring

Meter Reading

Medical Monitoring

The Cable Committee will continue to explore all possibilities for the future. No further action was taken.

Replacement of Electric Department Tree Truck

Mr. O'Connor reminded members that the Electric Transmission and Distribution Department's vehicle replacement schedule and budget included $87,500 for the replacement of a 1983 GMC chassis equipped with a 1971 aerial boom/bucket assembly. In July of 1991, a tree truck was purchased to replace this unit; however, due to the extensive tree problems throughout the electric system, a second tree crew was established making it necessary to utilize this truck continuously.

Bids were requested for the purchase of a new chassis, chipper body, and aerial tower as one complete unit. The low bid was received from Altec Industries in the amount of $85,408.00.

Responding to questions of Mr. Tudor, Mr. O'Connor advised members that the old tree truck will be maintained and that this purchase would be an addition to the City's current fleet.

The committee recommended that staff be authorized to issue a purchase order to Altec Industries in the amount of $85,408.00 for the purchase of a new chassis, chipper body and aerial tower.

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

Conrail Resolution - Mudstone Branch Sewer

Mr. O'Connor advised members that the design of the Mudstone Branch Sewer line is approximately 95% complete and that it is necessary to cross the CONRAIL tracks at Denny's Road to install the water and sewer lines. Mr. O'Connor stated that CONRAIL requires that a Resolution be adopted indicating the approval of the installation which will be an attachment to the Crossing Agreement.

Mr. O'Connor stated that it will cost approximately $5,400 in fees to CONRAIL for the installation of the water and sewer lines under the railroad tracks.

The committee recommended adoption of the Resolution authorizing the installation of a utility crossing of CONRAIL right-of-way at Dennys Road.

Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Hare and by a unanimous roll call vote Council adopted the following Resolution:

A RESOLUTION APPROVING THE INSTALLATION OF A UTILITY CROSSING OF CONRAIL RIGHT-OF-WAY AT DENNYS ROAD.

WHEREAS, the City of Dover is designing a sewer project and a water project along Dennys Road between McKee Road and U.S. 13; and

WHEREAS, said projects must cross CONRAIL right-of-way near Dennys Road at Mile Post 44.50; and

WHEREAS, in order to enter into an agreement for the crossing, CONRAIL requires a resolution from the City Council approving said installation.

NOW, THEREFORE, BE IT RESOLVED, IN COUNCIL MET:

1. The City Council of the City of Dover approves the installation of a twelve-inch water main and a sixteen-inch sewer main in a 54-inch steel pipe, crossing under the Delmarva Secondary Tract, Line Code 10-1223, at Mile Post 44.50, Philadelphia Division.

ADOPTED: December 13, 1993

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

LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met on November 23, 1993 with Chairman Salters presiding.