City of Dover, Delaware - Regular City Council Meeting

Regular City Council Meeting

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Nov 8, 1993 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on November 8, 1993 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Pitts, Mrs. Malone, Mr. Hutchison, and Mr. Hare. Mr. Leary and Mr. Salters were absent.

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.

Mr. Ralph Causey - Capitol Billiards

Mr. Ralph Causey is an owner of Capitol Billiards, located at Carroll's Corner. Mr. Causey objected to the costs of a City of Dover business license for his business. He stated that they are charged per table and their business license cost approximately $1,300 per year for their billiard center. They objected to the excessive costs and requested that Council review the structure of fees for this type of business.

The Open Forum adjourned at 7:20 p.m. Council recessed into executive session to discuss personnel matters. The official Council Meeting convened at 7:30 p.m.

The invocation was given by Reverend Kiger, 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 OCTOBER 25, 1993

The Minutes of the Regular Council Meeting of October 25, 1993 were unanimously approved by motion of Mr. Hutchison, seconded by Mrs. Malone and bore the written approval of Mayor Knopf.

ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF OCTOBER 27, 1993

The Minutes of the Special Council Meeting of October 27, 1993 were unanimously approved by motion of Mr. Hutchison, seconded by Mr. Hare and bore the written approval of Mayor Knopf.

ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF NOVEMBER 1, 1993

The Minutes of the Quarterly Open Town Meeting of November 1, 1993 were unanimously approved by motion of Mr. Hare, seconded by Mrs. Malone and bore the written approval of Mayor Knopf.

PROCLAMATION - NATIONAL BIBLE WEEK

The City Clerk read into the record the following Proclamation:

WHEREAS, the Bible has been a constant source of inspiration and moral and spiritual guidance for people and nations throughout the centuries; and

WHEREAS, the Bible has been a particular beacon for Americans as evidenced in its profound effect on the attitudes, beliefs, ideas and principals contained in our Declaration of Independence and the Constitution of the United States; and

WHEREAS, the Bible has greatly influenced our nation's art, literature, music, laws and sense of charity; and

WHEREAS, in this time of financial distress, with its attendant plights of joblessness and homelessness, many Americans turn directly to the Bible for comfort and guidance for themselves and their families; and

WHEREAS, it becomes necessary to educate all Americans, but especially our youth, to the values that distinguish a humane and caring society; and

WHEREAS, for fifty-three years, business and professional people of all faiths have banded together in the Laymen's National Bible Association to sponsor National Bible Week as a time to remind all Americans, whatever their faith, of the Bible's unique place in American history; and

WHEREAS, this annual emphasis has helped in the past to strengthen spiritual awareness throughout America by encouraging personal reading and study of the Bible.

NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, do hereby proclaim November 21 - 28, 1993 as NATIONAL BIBLE WEEK in the City of Dover and urge my fellow citizens to participate in its observance by reading the Bible and discovering its importance in the life and culture of our nation.

PROCLAMATION - VETERAN'S DAY

The City Clerk read into the record the following Proclamation:

WHEREAS, November 11, 1993 commemorates the 75th anniversary of the Armistice of World War I, a day of unique significance in the history of our great nation; and

WHEREAS, on November 11, 1918, in accordance with the terms of the cease-fire agreement signed that morning in the Compiegne forest, hostilities between the Allies -- United States, Great Britain, and France -- and an adversarial Germany, officially ceased on the eleventh hour of that day; and

WHEREAS, this international war, which claimed the lives of over eight and one-half million soldiers, including 126,000 Americans, called upon the population of the United States to make extraordinary contributions to support the efforts of its men and women; and

WHEREAS, the work of volunteer organizations such as the National Society Daughters of the American Revolution in organizing relief efforts for European war refugees, buying war bonds, donating millions of dollars to war-related service organizations, providing time, money and materials for the provisions of gifts to American personnel, and sending volunteers overseas to support relief activities, served as an example of patriotic, national service; and

WHEREAS, the end of the conflict vindicated America indignation over the German use of unrestricted submarine warfare against neutral countries and other overt acts of hostility against a nation not yet at war, such as the Zimmermann Telegram and the sinking of the Lusitania; and

WHEREAS, since that historic day seventy-five years ago, the United States has continued to flourish as a free nation, ever mindful of the blessings brought about by liberty and peace, which must be remembered and preserved by future generations.

NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, do hereby proclaim November 11, 1993 as the 75th anniversary of the Armistice of World War I, now known as Veteran's Day, and announce my intention to support the observation of this event on the eleventh hour of the eleventh day of the eleventh month by a moment of silence in all schools, workplaces and homes followed by the ringing of bells in churches and public buildings as a patriotic and heart-felt remembrance of all those who served and died for their country.

Mayor Knopf issued the Proclamation to Mrs. Mollie Revels who conveyed her appreciation for the Proclamation and for the acknowledgment of the event.

RESOLUTION - RAYMOND O. JOLLY RETIREMENT

By motion of Mr. Hare, seconded by Mr. Hutchison, Council unanimously adopted the following Resolution:

WHEREAS, Raymond O. Jolly, Jr. began his employment with the City of Dover Electric Department on August 27, 1958 as a Lineman at the McKee Run Generating Station; and

WHEREAS, Mr. Jolly always displayed a positive attitude towards the changes experienced in a rapid growing City and was an integral part of the success of changes at the McKee Run Generating Station; and

WHEREAS, Mr. Jolly has served the City of Dover faithfully and has played a vital role in the City's ability to provide electric service to its many customers; and

WHEREAS, after more than 35 years of dedicated and loyal service to the City of Dover, Mr. Raymond O. Jolly has chosen to retire.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council wish Raymond O. Jolly a happy and healthy retirement and extend their sincere appreciation for his 35 years of dedicated service to the City of Dover.

ADOPTED: November 8, 1993

Council President Christiansen stated that the Resolution, Dover Cup and City Plaque will be presented to Mr. Jolly by the City Manager at a later date.

PUBLIC HEARING - BORROWING OF FUNDS ($750,000) BY ROBBINS HOSE COMPANY NO. 1

A public hearing was held on the borrowing of $750,000 by Robbins Hose Fire Company No. 1, Inc. The borrowing relates to the construction of Fire Station No. 2, to be located at Kenton and Walker Roads. Mr. Karia, City Finance Director/Treasurer, explained that the payment of principal and interest is the sole responsibility of the Fire Company. The City of Dover is not responsible for the loan or any payment thereon. Since the fire company is the designated fire service for the City of Dover, the IRS Code requires that the applicable political subdivision hold a public hearing when the designated fire service borrows funds.

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.

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

BE IT RESOLVED that the City of Dover hereby approves the construction of Fire Station No. 2, by the Robbins Hose Fire Company No. 1, Inc., at Kenton Road and Walker Road; and

BE IT FURTHER RESOLVED that the City of Dover approves the financing of the construction, pursuant to the terms of the July 16, 1993 commitment letter issued by Wilmington Trust Company to Robbins Hose Fire Company No. 1, Inc., and the loan documents substantially in conformity therewith.

ADOPTED: November 8, 1993

LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met on October 26, 1993 with Chairman Salters presiding.

Property Sale - 724 River Road (City Owned Property)

In August 1993, the City acquired property located at 724 River Road through a lien sale to recover demolition costs and sale related legal costs, in the amount of $7,638. Rather than keeping the property, Mr. Karia stated that it is the City's desire to recover the costs. He assured members that no City department has a need for the lot.

With a 1991 appraised value of $7,100 and 3.5% appreciation for fiscal years 1992, 1993 and 1994, staff has established a tentative minimum value of the property totalling $7,871. The committee recommended approval of the sale of property located at 724 River Road through sealed bids. It was noted that all closing and sale expenses would be paid by the buyer and that the City would have the right to reject any or all bids. (Staff recommended that a public hearing be set for November 22, 1993 at 7:30 p.m..)

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

Residency Requirement - City Elected Officials and Committees, Commissions and Boards

Mrs. Malone requested that Section 5 of the Charter be amended to change the residency requirement from two (2) years to five (5) years for persons wishing to seek election for a City Council seat. Mrs. Malone also requested a five (5) year residency requirement for citizens appointed to serve on Commissions, Committees and Boards. During their Council meeting of September 27, 1993, members referred the matter back to the Legislative and Finance Committee for further review.

Since a majority of the members felt that a five (5) year residency requirement was too long of a period of time, Mrs. Malone requested consideration to amend Section 5 to change the residency requirement for City Officials from two (2) years to three (3) years and a three (3) year residency requirement for those appointed to Committees, Boards and Commissioners. She felt that this requirement would be an added precaution to insure that individuals running for public office and individuals in appointed positions would have adequate time to become familiar with the City, the needs of the citizens, and the policy making process.

Mr. Hutchison reminded members that according to the opinion submitted by City Solicitor Rodriguez, the residency requirements for the Mayor and Council persons of municipalities are subject to the equal protection clause of the Fourteenth Amendment to the Constitution which is viewed by the courts as a restriction on the right to run for public office. Mr. Lambert also expressed concern with the recommendation and recommended that the current residency requirements for City Council remain at two (2) years.

Noting that the citizens have the power to vote for public officials, and members of Council have the power to approve appointments to Committees, Commissions and Boards, Mr. Hare recommended that no change me made to Section 5 of the Charter and that no requirement be established for appointment to Committees, Commissions and Boards.

A motion was made that Section 5 of the Charter be changed to require a residency requirement of three (3) years, and that a three (3) year residency requirement be established for appointments to Committee, Commissions and Boards. However, the motion failed as a result of a tie vote.

Mr. Hare moved that no further action be taken, seconded by Mr. Hutchison and unanimously carried.

Proposed Amendments to Fire Protection and Prevention Ordinance

The Fire Standards Committee recommended proposed ordinance amendments to the Fire Protection and Prevention Code. The amendments would update the National Fire Protection Codes, establish new fire protection permits and fees, consolidate and strengthen the regulation of public occupancies by establishing standards for fire alarm installation, and establish a re-inspection fee.

City staff will follow the most current code when a developmental plan is submitted to the Planning Office for construction review. Any plans that have been previously reviewed and approved by DAC should be exempt from the proposed ordinance amendments. Mr. DePrima advised members that the creation of the Construction Code Appeals Committee will replace the current Code Board of Appeals for Building, Housing, Plumbing, Mechanical and Fire Prevention.

The committee recommended approval of the proposed ordinance amendments.

Under the consent agenda format, Mr. Hare moved for approval of the committee's recommendation, seconded by Mr. Hutchison and unanimously carried.

Quarterly Write-Off of Uncollectible Electric Bills

Members were provided with a list of uncollectible electric bills, in the amount of $16,111.78, which includes $2,459.88 from accounts that have filed bankruptcy. The list consists of those accounts from April 1, 1992 through June 31, 1992 which have shown no collection activity for a period of one year or longer. The list has been screened to insure that no one listed is currently in our utility customer base.

It was suggested that the City review the possibility of an ordinance that would require landlords to turn over a tenant's security deposit to the City for outstanding bills and that staff forward the proposal to the City Solicitor for his review.

The committee recommended endorsement of the write-off of uncollectible electric bills in the amount of $16,111.78, and that the City Solicitor review the possibility of an ordinance that would require landlords to turn over tenants' security deposits for unpaid utility bills.

It was suggested that a quarterly report be created to depict the uncollectibles received from the City's designated collection agencies. This information is already provided as a part of the Quarterly Write-Off Uncollectible Electric Bills Report.

Under the consent agenda format, Mr. Hare moved for approval of the committee's recommendation, seconded by Mr. Hutchison and unanimously carried.

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

UTILITY COMMITTEE REPORT

The Utility Committee met on October 26, 1993 with Chairman Lambert presiding.

Middle West Service Company

The committee reviewed the Annual Engineering Consultant's Report for the Electric System of the City and related budgets for 1993/94 as submitted by the Middle West Service Company. This report is required under the Bond Resolutions adopted by the City in 1990, 1985, 1965 and 1960.

Middle West Service Company has reviewed the current fiscal year and has made recommendations for the next fiscal year in the areas of transmission and distribution procedures, electric system, insurance program and revenue tests related to the rates. The report mentions that the electric properties of the City are generally in average to good condition, well maintained and operated efficiently.

Staff assured members that the recommendations related to the Transmission and Distribution procedures will be implemented by December 15, 1993.

The committee recommended adoption of the Annual Engineering Consultants Report for 1993 as submitted by the Middle West Service Company.

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

Annexation Requests - Mifflin Road

A request was received for annexation and rezoning of property located at 222 Mifflin Road, owned by Ralph & Dorothy Jones. Staff recommended that the request be referred to the Utility Committee and that a referendum and public hearing be set. However, during the Regular Council Meeting of October 12, 1993, Council referred the request to the Utility Committee so that consideration may be given to the possibility of holding two referendums to consist of: (1) referendum for the Jones property; and (2) referendum for any other Mifflin Road property owners that desire annexation.

To the north and south of the Jones property are single family homes in the County zoned RS-1 (Single Family Residential). To the east and across Mifflin Road are homes in the City zoned R-8 (Single Family Residential). To the west is land zoned RM-1 (Residential Medium Density) in the City that is a part of the future Westover Village Planned Residential Development. This area is compatible with the Comprehensive Plan and surrounding land uses, and because there is a need for City water and sewer, staff recommended approval of the annexation with a zoning classification of R-8 (Single Family Residential).

The committee recommended approval of staff's recommendation to annex the property at 222 Mifflin Road, owned by Ralph and Dorothy Jones, and that any additional interest from surrounding property owners go directly to City Council for their consideration. (It is recommended that an Annexation Referendum be held on December 9, 1993 and that a zoning public hearing be held on December 13, 1993).

Mr. O'Connor stated that three other property owners have expressed interest in annexation and recommended that referendums also be set for these properties.

Mr. Lambert moved that separate annexation referendums be set for December 9, 1993 and that rezoning public hearings be held on December13, 1993. The motion was seconded by Mr. Hare and Council unanimously acknowledged the first reading of the following ordinances, by title only, and adopted the following resolutions:

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.

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 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, within a zoning classification as recommended by the City of Dover Planning Commission.

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

1. That a special election be held for the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein:

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.

AND BEING the same lands and premises which were conveyed unto James N. Mosley and Mary A. Mosley, his wife, by deed of Howard J. Gannon and Evelyn S. Gannon, his wife, dated October 15, 1973, and of record in the Office of the Recorder of Deeds in and for Kent County in Deed Record Book W, Volume 28, Page 101.

2. That the election be held on the 9th day of December, 1993 commencing at the hours of 11:00 a.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.

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

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

ADOPTED: November 8, 1993

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.

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.

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

1. That a special election be held for the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein:

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 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: November 8, 1993

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.

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.

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

1. That a special election be held for the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein:

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 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: November 8, 1993

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 238 MIFFLIN ROAD.

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.

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

1. That a special election be held for the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein:

ALL that certain lot, piece and parcel of land situated in East Dover Hundred, Kent County, Delaware, lying on the west side of the black top public road leading from the Dover-Hartly Road (Horsehead Road) to the Dover-Hazlettville Road and more particularly described as follows:

BEGINNING at a point in the western right of way line of the aforesaid black top public road at a distance approximately 403.2 feet south of the lands now or formerly of Donald G. Carey and wife, said distance being measured along the western right of way line of the said public road as shown on a plot of lands now or formerly of Atlantic Land Co., Inc., dated September 16, 1955 by Charles C. Brown and being designated as Lot No. 15 on said plot; thence along and with the south line of Lot No. 14 south 65 degrees 35 minutes West a distance of 300 feet to a point, said point being a corner for Lots No. 15 and 14 and lands of aforesaid Gagen; thence South 24 degrees 25 minutes East a distance of 100 feet to a point; thence with the north line of Lot No. 16 as shown on said plot North 65 degrees 35 minutes East a distance of 308.5 feet to a point, said point being located in the westerly right of way of the said black top public road; thence in a northerly direction along and with the westerly right of way line of said public road a distance of approximately 101.8 feet or such distance as is required to reach the place of beginning, be the contents what they may.

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: November 8, 1993

Tar Ditch Improvement - Kent General Hospital/Medical Office Building Site

Members considered an agreement with Kent General Hospital to complete Phase 1 of the Tar Ditch Improvements on Kent General Hospital's Medical Office Building Site located on South Governors Avenue (former Firestone site). Construction on this site began earlier this year.

In accordance with the 1989 Tar Ditch Drainage Basin Study, the City proposed a 66-inch storm sewer pipe to alleviate flooding problems in the Tar Ditch Drainage Basin. In 1992 and 1993, funding was received through the City's G.O. Bond Issue. The firm of Becker, Morgan, Moore, Olds & Richter (BM2OR) was hired as a consulting engineer to design the proposed improvements. Since the schedule indicates that the tar ditch project would begin across this site after completion of construction, staff directed BM2OR to review the project with Kent General Hospital to avoid the additional costs of removing and replacing new asphalt, and to avoid construction conflicts on the site. Bids were solicited through the Hospital's general contractor, Mr. J. Roland Dashiell; however, due to the lack of local representation and the quoted estimates, bids were resolicited using a composite of local and non-local contractors. The engineer's estimate was $110,480.

Staff reviewed the bids and met with Kent General Hospital to discuss an agreement to complete the proposed improvements to the Tar Ditch on the Medical Office Building site.

Based on staff's recommendation, the Committee recommended that the City enter into an agreement with Kent General Hospital to complete Phase 1 of the Tar Ditch Improvements on the Medical Office Building Site, utilizing Bunting & Murray as the subcontractor for the storm sewer work in the amount of $140,567.

Mr. O'Connor stated that the engineering firm selected will be utilized by both the City and Kent General Hospital. A utility easement will be required for this property.

The committee recommended approval of the Agreement with KGH, as recommended by staff.

Mr. Lambert moved for approval of the committee's recommendation for approval of the Agreement with Kent General Hospital (as on file with the Office of the City Clerk). The motion was seconded by Mr. Hare and carried by a unanimous roll call vote.

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

FIRST READING - PROPOSED ORDINANCES

Mr. Hare moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Hutchison and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of November 22, 1993.

Referring to Section 7-72, Mr. Tudor requested that Mr. DePrima review this section to determine if schools, located within churches, are considered a place of assembly and if the church would be required to have a fire alarm in their school area. Mr. DePrima stated that schools are listed as areas of public occupancy, but he will research to ensure that they are also listed under the Fire Code. He reminded Council that the ordinances will reference the National Fire Code requirements which are clearly specified.

Mr. Hare moved for acknowledgement of the first reading of the following proposed ordinances, by title only, seconded by Mr. Hutchison and unanimously carried:

Chapter 10 - Housing Code - Article VI - Public Assembly Structures

Chapter 5 - Buildings and Building Regulations - Article II - Building Code

§5-21 - Fees for Permit

Chapter 7 - Fire Prevention and Protection - Article III - Fire Prevention Code

§ 7-56 - Adopted

§ 7-60 - Construction Code Appeals Committee

§ 7-61 - Fire Prevention Permit

§ 7-62 - Smoke Detection Devices; Requirements

Chapter 7 - Fire Prevention and Protection - Article VI - Fire Prevention: Public Occupancies

§ 7-63 - Safety and Fire Prevention Requirement

§ 7-64 - Permit Required