City of Dover, Delaware - Regular City Council Meeting

Regular City Council Meeting

iCal

Feb 24, 1992 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on February 24, 1992 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Lambert, Daisey, Levitt, Pitts, Salters, Lynn, Weyandt and Hare.

Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. DePrima, Fire Chief Baker, Mrs. Boaman and Mr. Pepper.

The invocation was given by Mr. George Frick, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Lynn moved for approval of the agenda, seconded by Mr. Weyandt and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 10, 1992

The Minutes of the Regular Council Meeting of February 10, 1992 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Lynn and bore the written approval of Mayor Richter.

PROCLAMATION - DAFFODIL DAY

The City Clerk read into the record the following Proclamation, as issued by Mayor John E. Richter:

WHEREAS, there are millions of living witnesses to the fact that cancer can be cured, despite the fact that this disease is an alarming national killer; and

WHEREAS, thanks to the increasing knowledge in the biological and medical sciences, we are nearing a solution to the problem of cancer, but must not lessen our efforts until the battle has been won completely; and

WHEREAS, the Kent County Chapter of the American Cancer Society, having worked unceasingly on the never-ending battle against one of society's prime destroyers, has raised over $71,637 in charitable contributions in the past five years with their "DAFFODIL DAYS FUND RAISER".

NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, do hereby proclaim Friday, March 20, 1992, as DAFFODIL DAY in the City of Dover and urge all citizens to join the Kent County Chapter of the American Cancer Society, in their efforts to save more lives, by purchasing and wearing a daffodil.

LEGISLATIVE AND FINANCE COMMITTEE REPORT

The Legislative and Finance Committee met on February 11, 1992 with Chairman Weyandt presiding.

Review of Proposed Redistricting Plan

In accordance with Section 5 of the City Charter, Council must redistrict the City once the federal decennial census is made available for use by municipalities. The new redistricting plan will be in effect for the 1993 Municipal Election; therefore, the plan must be approved prior to May 1, 1992 since filing petitions for the 1993 election may be accepted anytime between May 1, 1992 and February 12, 1993.

The City Clerk, Mrs. Boaman, advised that the law requires the City to maintain four election districts. The Election Board has been working diligently in preparing a redistricting plan for the City in accordance with the 1990 census. Criteria was set by the Election Board, as follows:

(1) Commonality of Interest - Board members felt that districts should be drawn in a manner that group together neighborhoods that share common interests.

(2) Natural and Man-Made Boundaries - An attempt was made to utilize natural and man-made boundaries to eliminate indistinct boundary lines that are difficult to follow.

(3) Concentration of Population - In accordance with Section 5 of the City Charter, the Council shall redistrict the City so that the districts shall be nearly equal in population in accordance with the federal decennial census.

(4) Legal Obligations - The City has a legal obligation to maintain a predominantly black district containing at least 65% black population in accordance with the federal decennial census.

The census data was entered into a computer program that enabled manipulation of data in accordance with the reapportionment criteria. The Election Board formulated three options and presented members with maps depicting the options and their percentage of the total district distribution by population and minority population. Taking into consideration that option #1 provides 68% minority population in the fourth district, the Election Board endorsed and recommended Council approval of option #1.

A Lincoln Park resident relayed concern regarding the common interest criteria. With the fourth district being very spread out, it was his feeling that the only commonality of interest in this district is the fact that a majority of the population is black. Responding, Mrs. Boaman stated that, by law, the City is required to establish a district that is nearly the same size as the other three districts and maintains at least a 65% majority black voter population. She explained that it would be impossible to achieve this requirement without elongating the district since we do not have a City that is segregated.

Council public hearings have been scheduled for March 25, 1992 and April 15, 1992, to allow for public input on the Election District Realignment Plan.

The committee recommended acceptance of the Election Board's recommendation to endorse the Council District Realignment Plan (as on file in the Office of the City Clerk), eliminating the need for a second review by the committee on March 10, 1992, and that the final review of the plan take place on April 15, 1992, after the second public hearing.

Mr. Weyandt urged members of the public to visit the City Clerk's Office to review the proposed plan prior to the public hearings on March 25th and April 15th.

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

Proposed Ordinances - Route #8 Corridor Study

Members of City Council, in conjunction with the Planning Commission, held a public hearing on the Delaware Route #8, McKee, Saulsbury, and Kenton Road Corridor Study. During the Regular Council Meeting of December 9, 1991, the Land Use Plan recommended in the Study was officially adopted as an amendment to the 1986 Comprehensive Plan. At that time, Council instructed staff to develop Zoning Ordinance amendments for their review.

Mr. DePrima, City Planner, submitted amendments that would create a "Corridor Overlay Zone" with special provisions that supplement or supersede the provisions of the original zoning district regulations which will also remain. The provisions regulate setbacks, building placement, parking location, layout and landscaping, site access, signage, building height, open space, and lot configuration. In addition to creating the Corridor Overlay Zone, Mr. DePrima recommended that additional landscape guidelines be added to Article V of the Dover Zoning Ordinance. Although these guidelines were recommended in the Study for the Route #8 area, they are relevant and needed throughout the City.

It was staff's feeling that the implementation of these amendments will make West Dover a better place to work, live and visit and that over time, they will promote superior development and more pleasurable and efficient roadways.

The committee recommended approval of the Zoning Text amendments as presented by staff and that a public hearing be set for March 18, 1992, at 7:30 p.m.

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

Recommendation for Use of FY92 CDBG Funds

Since 1981 the City of Dover has chosen to focus its Community Development efforts on the revitalization of existing sub-standard housing. To date, more than 145 such units have received rehabilitation assistance to concur with the local housing code. CDBG funds have also assisted in the removal of vacant, dilapidated dwellings that once plagued various areas of the City causing slum and blight conditions. The improvements made through the Community Development Block Grant have allowed many Dover residents to experience decent, safe and sanitary living conditions when they otherwise may not have been able to do so.

As authorized by Council, Community Development staff conducted an administrative public hearing on January 30, 1992. The hearing was held in order to provide any interested citizen the opportunity to offer their comments and concerns regarding the City of Dover's use of the FY 92/93 Community Development Block Grant Funds. Staff intends to continue to concentrate within the already established target areas of Kirkwood, Queen, New, Washington and Cherry Streets, Capitol Green area, State College and Mitscher Roads. However, that priority will be placed on properties located within the Target Block Program area of Kirkwood Street, from Fulton to Loockerman Street.

Given the proven benefits of the Community Development Block Program and the Emergency Shelter Grant Program and the continued need for rehabilitation of sub-standard dwellings, staff recommended that a request of $358,581 in Community Development Block Grant Funds and $50,150 in Emergency Shelter Grant Funds be made to the State of Delaware Division of Housing and Community Development.

The committee recommended that staff be authorized to apply to the State of Delaware, Division of Housing and Community Development for $358,581 in Community Development Block Grant Funds and $50,150 in Emergency Shelter Grant Program Funds.

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

Data Processing Proposal

In August 1991, Council approved the concept of a Long-Range Information System Strategic Plan. The plan was the result of a combined work effort on the part of Systems and Computer Technology (SCT) and the Information Systems Planning Committee. In order to effectively implement the master plan, the City must enhance the Data Processing Division and upgrade its staff capacity since the current staff has been unable to develop or plan for developments, and could not implement the long-range strategic information systems plan. The plan recommended that the City begin implementation of short-range and long-range planning through an aggressive program of new systems development and acquisition. During their meeting of November 12, 1991, Council authorized staff to immediately proceed with bringing back proposals to implement the plan.

Since the information systems are needed immediately, a contractor would be hired to manage the City's data processing center for a specified period to begin the development of the various systems. The contractor would simultaneously initiate training of the City's computer staff so that at the end of the contract term, the City's Computer Center could assume full responsibility for the continued development of the information systems. Proposals for contract services were solicited and nine proposals were received and qualifications evaluated. SCT was rated number one in this process and four one year contracts have been negotiated effective March 2, 1992, with the following projected budgets:

Total Proposed

Existing Cost New Cost Budget

3/1/92 to

6/30/92 $283,500 $ -0- $283,500

FY 92/93 594,000 92,000 686,000

FY 93/94 546,000 358,000 901,400

FY 94/95 546,000 354,000 900,000

FY 95/96 546,000 235,000 781,000

Due to the current economic environment and since the intent of the budget process for 1992/93 is to minimize expenses, the contract was negotiated to defer some of the first-year budget over the remaining three years. The total deferred amount is $193,000 at five percent (5%). If a year contract is not optioned, the remaining balance of the deferred amount becomes due. The total cost includes the salaries of City employees and reimburses SCT for all other expenses in level monthly payments.

Representatives of SCT advised members that SCT will begin the implementation of the 35 programs outlined in the Long-Range Strategic Information Systems Plan and initiate training of City staff. The current six Computer Center employees will be used by SCT and there will be a minimum of three full-time SCT employees dedicated to the Center during this period. At the end of the four-year contract period, SCT employees will be replaced with City employees with SCT's assistance.

The committee recommended approval of the Data Processing Proposal as submitted, and that the City Manager be authorized to negotiate and sign a contract with SCT. They further recommended that SCT provide a detailed list of expenditures for Council's review.

Mr. Weyandt moved for approval of the committee's recommendation. The motion was seconded by Mr. Salters for the purpose of discussion.

Mr. Daisey reiterated previous concerns relative to the time and costs involved for the contract. He stated that a student can complete their college education in the time frame needed for SCT to train our employees and complete the project. He also voiced concern with the lack of comparable costs from other vendors.

Mr. Lambert stated his support for the need of the computer system, but expressed concern with the involved costs. He stated that this is a fixed profit contract and that the federal government has not had good experiences with this type of contract. SCT plans a 14% profit which seems exorbitant when passbook savings are generating around 4% interest. The contractor selected is also the one that wrote the plan, which could be detrimental to the City. Mr. Lambert voiced concern with the fact that the contractor selected by the City Manager is not the contractor selected by the Selection Committee. Although the initial costs have been deferred, it is over a one million dollar project for the taxpayers of the City of Dover. Mr. Lambert wondered if the system could be downgraded to a more reasonable cost without jeopardizing the program.

Mr. Salters also voiced concern with the length of the contract, asking what would happen if after a short period of time, the City did not like the services of the contractor. Mr. Worley explained that the City has the option of renewing the contract on an annual basis as well as participating in personnel selection of those servicing the City.

Mr. Levitt acknowledged that the City must move forward with its computerization, but that we must assess the progress on an on-going basis.

Mr. Hare felt that the costs involved are exceptionally high and felt that additional review is necessary. Since the City has very little expertise in this field, he wondered how the contractor was selected. It was his feeling that the program could be completed in less than four years and that more evaluation of the submitted proposal is necessary prior to making a selection.

Mr. Lynn reminded members that the City is behind the times in terms of computerization. In order to obtain the types of information that Council needs, an improved computer system is necessary. If the motion is approved, then Mr. Lynn suggested close monitoring by staff and Council. If at the end of one year the progress is not up to our expectations, then the contract may be terminated. Mr. Lynn also suggested that a member of Council serve on the Governance Committee.

Mr. Pitts agreed that the proposal may need more review, but that the City needs to move forward with its plan to upgrade its computer systems.

Mr. Weyandt informed members that he has reviewed the City's proposal with other computer specialists. He has been told that the program is considered top of the line, but that the City must be very careful to ensure that the contractor has completed the necessary specifications in each time period. Otherwise, the City could find itself in a position of spending much more than was intended and not knowing enough about the new system to be able to terminate the contract midway.

Due to the magnitude of this project, Mr. Weyandt suggested that a special workshop be set as soon as possible so that all questions can be answered.

Mr. Lynn moved that the matter be tabled by Council and referred to the Legislative and Finance Committee for further review. The motion was seconded by Mr. Daisey and unanimously carried.

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

UTILITY COMMITTEE REPORT

The Utility Committee met on February 11, 1992 with Chairman Levitt presiding.

Request for Annexation - South Side of Route #8 - Drs. DuShuttle, Varipappa and Andrews

During their meeting of January 28, 1992, the committee considered a request for annexation of property located on the southerly side of Route #8, owned by Drs. DuShuttle, Varipappa and Andrews. Noting that several residents from the area had objections to the annexation, the committee tabled the matter to provide the residents the opportunity to meet with the developers in an attempt to resolve some of their concerns.

The developers have agreed to a CP-O zoning for the rear parcels, which would restrict them to offices, and a C-2A zoning for the front parcels. A new landscaping plan provides visual screening. The residents had relayed concern with the office buildings consisting of more than one story but since the property could not provide additional parking spaces, only one story office buildings would be permitted.

Mr. Roy Organ of 1245 N. Farmview Drive and Mr. Sam Schlegel of 1153 Woodstock Court, representing the residents, assured members that they agree to the annexation as long as all the conditions made by the residents are met.

Mr. DePrima stated that a letter has been received from the developers to reiterate their assurances to the residents' concerns, as follows:

"This letter will serve as our confirmation to you that we intend to comply fully with any existing and future requirements of the Route 8 Corridor Study recently adopted by the City Council. While we understand that many of the bulk and site plan regulations are not yet adopted by the City, we have developed the current site plan by Gerald A. Donovan Associates, Inc., #CL-92-07-00, dated 01/30/92 revised 02/10/92 based on the Route 8 Corridor study and which we intend to submit for Site Plan Approval.

Our annexation request has been forwarded on to City Council after Mr. Philip McGinnis met with the neighbors along with Mr. DePrima and Councilman Lambert. The result of this meeting was an understanding between ourselves and the neighbors such that the initial opposition presented by the neighbors is not now a problem.

Essentially, our agreement with the neighbors will be to build a three foot rolling berm along the south and west property line in addition to the landscaping we originally proposed. Further, we have agreed to limit the use of the front lots of the property to neighborhood retail, and the rear lots to office use, and we have further agreed to limit the office buildings to single (1) story structures.

We respectfully request that this annexation request be considered by City Council with the C2A zoning district for the front two hundred fifteen (215) feet and CPO for the rear two hundred forty (240) feet of the property.

We have a substantial amount of work to complete the site plan in the necessary form for submission to the Planning Commission. We have pledged to the neighbors that we will again meet with them prior to the Site Plan submission to the Planning Commission to prove to them that we have implemented the various components of the agreement as described above.

We believe that we have done all we can at this point to appease the neighbors' concerns, and we pledge to continue our efforts with the neighbors and to build a project that we, the neighbors, and the City Council will all be proud of."

The committee recommended approval of the annexation request and that a referendum date be set.

By motion of Mr. Levitt, seconded by Mr. Daisey, Council approved the committee's recommendation and adopted the following Resolution by a unanimous roll call vote:

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:

PARCEL A

ALL, that certain lot, piece or parcel of land, situated in East Dover Hundred, Kent county and State of Delaware; being all of Lots 42, 43, 44, 45, 46 and 47 of a subdivision known as COUNTRY CLUB ESTATES; and being more particularly bounded and described in accordance with a recent survey by Century Engineering, Inc., Int'l., Consulting Engineers/Land Surveyors, dated January 8, 1991 as follows, to wit:

BEGINNING at a found pipe in the southerly line of Delaware Route 8 at a corner for Lot 42 of this parcel and Lot 41 of said Country Club Estates Subdivision; said point of beginning being located as measured with the southerly line of Delaware Route 8 in a westerly direction, a distance of 239.0 feet more or less from its intersection with the centerline of Bennington Street; thence turning and running from said point of beginning with the line of Lot 41, South 07 deg. 35 min. West, 200.00 feet to a set pipe in the northerly line of a 15.00 foot wide alley at a corner for this parcel; thence turning and running in part with the northerly line of said 15.00 foot wide alley, North 82 deg. 25 min. West 300.00 feet to a set pipe at a corner for Lot 47 of this parcel and Lot 48; thence turning and running with the line of Lot 48, North 07 deg. 35 min. East, 200.00 feet to a found concrete monument in the southerly line of Delaware Route 8; thence turning and running in part with the southerly line of Delaware Route 8 in an easterly direction, South 82 deg. 25 min. East, 300.00 feet to the point and place of beginning, and containing 1.38 acres of land, be the same more or less.

PARCEL B

ALL that certain lot, piece or parcel of land, situated in East Dover Hundred, Kent County and State of Delaware; being all of Lots 26, 27, 28 and 29 of the subdivision known as COUNTRY CLUB ESTATES; and being more particularly bounded and described in accordance with a recent survey by Century Engineering, Inc., Int'l., Consulting Engineers/Land Surveyors, dated January 8, 1991, as follows, to wit:

BEGINNING at a point in the southerly line of a 15.00 foot wide alley at a corner for Lots 26 and 27 of this parcel; said point of beginning being located the following two (2) courses and distances from the intersection of the southerly line of Delaware Route 8 with the centerline of Bennington Street; (1) running with the southerly line of Delaware Route 8 in a westerly direction a distance of 239.00 feet more or less to a found pipe; thence (2) South 07 deg. 35 min. West, passing over a set pipe at 200.00 feet, and continuing on for a total distance of 215.00 feet to the point and place of beginning; thence turning and running from said point of beginning with the southerly line of said 15.00 foot wide alley, South 82 deg. 25 min. East 99.00 feet to a set pipe at a corner for Lot 26 of this parcel and for lands now or late of Pine Grove Farms South; thence turning and running with the lands now or late of Pine Grove Farms South, South 07 deg. 35 min. West, 240.00 feet to a found pipe in the line of the Woodmill Subdivision at a corner for Lot 26 of this parcel; thence turning and running in part with the line of Woodmill Subdivision, North 82 deg. 25 min. West, 399.00 feet to a point at a corner for Lot 29 of this parcel and for Lot 30; thence turning and running with the line of Lot 30, North 07 deg. 35 min. East, 240.00 feet to a set pipe in the southerly line of said 15.00 foot wide alley; thence turning and running with the southerly line of said alley, South 82 deg. 25 min. East, 300.00 feet to the point and place of beginning, and containing 2.20 acres of land, be the same more or less.

2. That the election be held on the 26th day of March, 1992 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: February 24, 1992

Mudstone Branch - Sewer Update

The City of Dover has been considering sanitary sewer service for the northwesterly quadrant of the City extending westerly from the Kent County Pumping Station No. 2 on Dennys Road. Resulting from objections to the proposed alignment of the Mudstone Branch Interceptor raised by residents in the area, the firm of Whitman, Requardt & Associates was authorized to investigate the alternatives presented by the residents. During the committee meeting of May 14, 1991, Whitman, Requardt & Associates submitted a Supplemental Studies Report which indicated that the alternatives would cost approximately 40% more than the original alignment. During their meeting of May 28, 1991, Council authorized staff to proceed with the design of the Mudstone Branch Interceptor on its original alignment as revised.

Representatives of Whitman, Requardt and Associates presented an update on the Mudstone Branch project, which focused on the special construction techniques proposed; an analysis of the costs of moving the line out of the stream valley; and the project schedule including dates of permits. A public hearing has been scheduled by the Corps of Engineers and DNREC on February 24, 1992, at 7:00 p.m., in the Auditorium of DNREC at Kings Highway. It is estimated that the project will begin in mid-summer.

No action by Council is necessary at this time.

Annexation Request - Sheldon Propane - Horsepond Road

The committee considered a request for annexation of property located on the easterly side of Horsepond Road, approximately 1,500 feet south of Lafferty Lane consisting of a 0.8 acre of land. The property is the location of Sheldon Propane Company and owned by Mr. Michael S. Goodhand.

The property is currently zoned I-G (General Industrial) in Kent County and the City of Dover Comprehensive Plan recommends that this area be utilized for Manufacturing and Industrial purposes. The Planning Commission recommended a zoning classification of M (Manufacturing) if annexed; however, they recommended denial of the annexation if there are Manufacturing Zone prohibited uses existing on the property. Prohibited uses would include bulk storage of gasoline above ground, petroleum refining, residential uses, and violations of performance standards. The Planning Commission recommended that the applicant be required to disclose the existing use of the property, the reason for requesting annexation, whether any of the prohibited uses are currently in existence, and the future plans for the property.

Mr. Goodhand has informed the City that he resides on the property and is requesting annexation for the use of City utilities due to the current water condition. There are above ground storage tanks on the property which were used for fuel oil storage but Mr. Goodhand assured members that there is no toxic waste being stored on the property.

The City Planner advised members that the current uses indicated by Mr. Goodhand are permitted in the Manufacturing Zone. Since there is a residence located on the property, which is a non-conforming use in the Manufacturing Zone, the only foreseeable problem would be if the owner wanted to expand the residence in the future. DNREC was contacted and there are no outstanding violations on the property.

Council President Christiansen again relayed concern with annexation of property that is not within the Dover Fire District.

The committee recommended that an annexation referendum be held for property located on the easterly side of Horsepond Road, owned by Mr. Michael S. Goodhand.

Mr. Levitt moved for acceptance of the committee's recommendation and for approval of the Resolution. The motion was seconded by Mr. Daisey and Council adopted the following Resolution with Mr. Christiansen voting no:

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 lying and being in East Dover Hundred, Kent County, and State of Delaware, fronting on the easterly side of County Route 348, adjoining lands of Raymond S. Hudson, lands of E.Z. Farms, Inc. and lands of George C. Walueff, et al., and more particularly described as follows to wit:

BEGINNING at a found iron pipe on the aforementioned easterly right-of-way line of County Route 348 and at the southwest corner of lands of Raymond S. Hudson; thence running with said Hudson lands North 56 degrees 40 minutes East, 259.13 feet, passing over a set iron pipe at 200.00 feet to a point on line of lands of E.Z. Farms, Inc.; thence proceeding along said lands of E.Z. Farms, Inc. South 23 degrees 12 minutes 26 seconds East, 149.80 feet to another point at the northeast corner for lands of George C. Walueff; thence following line of said Walueff lands South 56 degrees 08 minutes Southwest, 225.02 feet, passing over a set iron pipe at 111.02 feet, to another found iron pipe on aforementioned easterly right-of-way line of County Route 348; thence finally running with said right-of-way lien and deflecting along a 2367.095 feet radius curve, the chord of which bears North 36 degrees 18 minutes 43 seconds West, 149.76 feet, an arc distance of 149.79 feet to the place of beginning, containing 35,823 square feet of land, 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: February 24, 1992

Annexation Request - C.G.W. Enterprises, Inc. (Wendy's Restaurant) - S. Governors Avenue and Webbs Lane

During their meeting of October 16, 1991, the committee considered a request for City utilities for property located on the southerly side of Webbs Lane between U.S. Route #13 and South Governors Avenue, which is currently outside of the corporate city limits. As an alternative, staff considered annexation of the property. In order to prevent an island of city land surrounded by unincorporated land, staff suggested that the property owners approach the State of Delaware to receive permission for annexation of a portion of Route #13.

The annexation involves two (2) properties: 1) A vacant parcel of land owned by C.G.W. Enterprises, Inc. which is situated on the southeasterly corner of Webbs Lane and South Governors Avenue; and 2) The property owned by Wendy's Old Fashioned Hamburgers of New York, Inc. which abuts the C.G.W. property to the east and is situated on the southwesterly corner of the intersection of U.S. Route #13 and Webbs Lane.

The Planning Commission recommended annexation of the properties and that a zoning classification of C-4 (Highway Commercial) be given to the Wendy's property and a zoning classification of C-1 (Neighborhood Commercial) be given to the C.G.W. property. Both properties are currently zoned B-G (General Business) in Kent County and the Comprehensive Plan recommends that this area be utilized for commercial purposes.

The committee recommended that an annexation referendum be held for property located on the southerly side of Webbs Lane between U.S. Route #13 and South Governors Avenue, owned by C.G.W. Enterprises, Inc. and Wendy's Old Fashioned Hamburgers of New York, Inc. and that portion of Route #13 and Webbs Lane that are adjacent to the properties.

These properties are also located outside the boundary lines of Robbins Hose Company.

Mr. Levitt moved for acceptance of the committee's recommendation and adoption of the following resolution, seconded by Mr. Daisey and carried with Mr. Christiansen voting no:

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:

PARCEL A

ALL that certain lot, piece or parcel of land situated in East Dover Hundred, Kent County, Delaware lying at the southeast corner of the intersection of U.S. Route 13 and Webbs Lane and being more particularly bounded and described in accordance with a survey of Robert L. Larimore, Land Surveyor dated March 25, 1985, last revised July 10, 1985, as follows to wit:

BEGINNING at an iron pipe found at the intersection of the southerly line of Webbs Lane with the westerly line of U.S. Route 13; thence from said beginning point and with the westerly line of U.S. Route 13 south 27 degrees 45 minutes west 128.85 feet to an iron pipe found in the westerly line of U.S. Route 13 at a corner for lands of Dorothy Cox; thence along line of Dorothy Cox north 74 degrees 05 minutes west 173.57 feet to a corner for Dorothy Cox; thence along line of Dorothy Cox, Benedetta Degennard, and Charles H. McGinnis, north 15 degrees 55 minutes east 182.60 feet to an iron pipe found at a corner for said McGinnis in the southerly line of Webbs Lane; thence along the southerly line of Webbs Lane on the following three courses and distances; (1) south 60 degrees 29 minutes east 73.62 feet to an iron pipe found at a point of curve; thence (2) along the arc of a 4147.14 foot radius curve to the left an arc distance of 67.96 feet (a chord which bears south 60 degrees 57 minutes 10 seconds east 67.95 feet) to an iron pipe found; thence (3) south 53 degrees 12 minutes 30 seconds east 66.64 feet to the place of beginning and containing 0.684 acres of land, be the same more or less; to include the right-of-way of Webbs Lane and U.S. Route 13 adjacent to said properties.

PARCEL B

ALL that certain lot, piece or parcel of land with the Improvements erected thereon situated in East Dover Hundred, Kent County, and State of Delaware, lying on the east side of the State Highway leading from Dover to Camden, and being more particularly described as follows to wit:

BEGINNING at a point in the east line of the said State Highway at a corner for this lot and lands now or formerly of William M. Commerford; thence with the easterly line of the said State Highway north 15 degrees 49 minutes 02 seconds east 35.84 feet to a point; thence south 74 degrees 10 minutes 58 seconds east 4.0 feet to a point in the southerly right-of-way line of the Webbs Lane connector; thence with the southerly right-of-way line of the Webbs Lane connector the four following courses and distances: (1) in a northeasterly direction by the arc of a circle curving to the right with a radius of 65 feet an arc distance of 70.56 feet to a point; (2) south 74 degrees 10 minutes 58 seconds east 58.15 feet; (3) south 61 degrees 57 minutes 51 seconds east 12.00 feet; (4) south 60 degrees 29 minutes east 94.02 feet to a point at a corner for this lot and lands now or formerly of Robert Seward; thence thereby south 15 degrees 55 minutes west 82.69 feet to a point at a corner for this lot and lands now or formerly of William M. Commerford; thence thereby north 74 degrees 10 minutes 58 seconds west 199.77 feet to the point and place of Beginning, be the contents thereof what they may; to include the right-of-way of Webbs Lane adjacent to said property.

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: February 24, 1992

Bid - West Loockerman Revitalization Project

In conjunction with the existing landscaping theme on Loockerman Street, staff solicited bids for the proposed West Loockerman Revitalization Project. The scope of the work includes sidewalk replacement, modification of curb alignment, and installation of landscape planters. The low bid was received from Mitten Construction in the amount of $39,194.50. The Engineer's estimate was $35,598.

Since the above bid is much higher than originally proposed during the committee meeting of September 24, 1991, there has been a revised breakdown of funding for the project, as follows:

State Suburban Street Funds

Sidewalk Replacement, Curb Work

and Catch Basin Addition $39,194.50

Landscape (trees, shrubs, ground cover) 8,000.00

Surveyor (physical survey) &