REGULAR COUNCIL MEETING

The Regular Council Meeting was held on February 12, 1990, at 7:30 p.m.. with Mayor Richter presiding. Members present were Councilmen Hall, Daisey, Legates, Lynn, Christiansen, Levitt, Salters, VanSant and Weyandt.

Council staff members present were Chief Hutchison, Mr. Lucas, Ms. Swain, Mr. Cregar, Mrs. Boaman and Mr. Rodriguez.

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

AGENDA ADDITIONS/DELETIONS

Mayor Richter requested the addition of agenda item #7A "Governor's Outstanding Volunteer Awards Application", and item #8C "Letter from Faw Casson & Company".

Mr. Lynn moved for approval of the agenda as amended, seconded by Mrs. Legates and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 22, 1990

The Minutes of the Regular Council Meeting of January 22, 1990 were unanimously approved by motion of Mr. VanSant, seconded by Mr. Daisey and bore the written approval of Mayor Richter.

Mayor Richter noted a memorandum from the City Assessor in answer to questions raised by members of Council during the last meeting.

ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF FEBRUARY 5, 1990

The Minutes of the Quarterly Open Town Meeting of February 5, 1990 were unanimously approved by motion of Mr. VanSant, seconded by Mr. Daisey.

REZONING REQUEST - NORTH SIDE OF ROUTE #8 - JANE MASSEY DRAPER

A request was received to rezone property located on the north side of Route #8, west of Mifflin Road, owned by Jane Massey Draper.

Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.

By motion of Mr. VanSant, seconded by Mr. Daisey, Council unanimously referred the request to the Planning Commission and adopted the following resolution:

A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.

WHEREAS, certain lands located on the north side of Route 8, west of Mifflin Road are presently zoned for R-10 use; and

WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.

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

1.         That a public hearing be held in City Hall on April 9, 1990, at 7:30 p.m., on a proposed amendment to the zoning map that would rezone from R-10 to RM-1 and RM-2 that property located on the north side of Route 8, west of Mifflin Road, owned by Jane Massey Draper.

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

ADOPTED: February 12, 1990

REZONING REQUEST - EAST SIDE OF U.S. ROUTE #113 - DELAWARE INDUSTRIAL ENTERPRISES, INC.

A request was received to rezone property located on the east side of U.S. Route #113, south of the Blue Hen Mall, owned by Delaware Industrial Enterprises, Inc.

Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.

By motion of Mr. VanSant, seconded by Mr. Daisey, Council unanimously referred the request to the Planning Commission and adopted the following resolution:

A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.

WHEREAS, certain lands located on the east side of U.S. Route 113, south of the Blue Hen Mall, are presently zoned for M use; and

WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.

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

1.         That a public hearing be held in City Hall on April 9, 1990 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from N to IPM that property located on the east side of U.S. Route 113, south of the Blue Hen Mall, owned by Delaware Industrial Enterprises, Inc.

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

ADOPTED: February 12, 1990

ANNUAL REPORT - ROBBINS HOSE COMPANY

The 1989 Annual Report of the Robbins Hose Company was submitted by Fire Chief Terry Whitham.

Mr. Weyandt moved that a letter be written to Robbins Hose Company stating that the Legislative and Finance Committee expects to have a copy of the Fire Company's proposed budget prior to the 1990/91 budget discussions, seconded by Mr. VanSant.

Feeling that the motion was out of order, Mr. Christiansen stated that this is clearly understood by the Fire Company and the City of Dover. Mr. Weyandt stated that quite often the City does not receive the Fire Department's proposed budget until after budget discussions have taken place.

Mr. Levitt pointed out that this should be looked at as a cooperative endeavor by both the City of Dover and the Robbins Hose Company so that the best possible funding can be provided.

Chief Terry Whitham explained that the Robbins Hose Company operates from two budgets (City budget and Company budget). The company budget is not adopted until June, which is after City budget hearings are held. Chief Whitham offered, however, to supply the Legislative and Finance Committee with a copy of their proposed Company budget as long as it is realized that the Robbins Hose Company cannot adopt that budget until June.

The motion was carried with Mr. Christiansen voting no.

Mr. VanSant moved for adoption of the Annual Report of the Robbins Hose Company, seconded by Mr. Christiansen and unanimously carried.

PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON EAST SIDE OF BUCKSON DRIVE JEFFERIC ENTERPRISES, INC.

A public hearing was duly advertised for this time and place to consider rezoning of property located on the east side of Buckson Drive, at the east end of Jefferic Boulevard, owned by Jefferic Enterprises, Inc.

Planner's Review

The City Planner, Mr. Ed Cregar, reported that this site, containing 37.1788 acres, is situated between Georgetown Square Apartments to the south and lands of Dover Moving and Storage to the north. The parcel is currently zoned RG-0. The Comprehensive Plan recommends that this area be developed for Medium Density Residential uses.

The request to rezone the land to CPO would permit the development of commercial, professional and business offices. This zoning classification requires the developer to provide a conceptual development plan when submitting a rezoning request.

The Planning Commission recommended approval of the rezoning request by a vote of six (6) yes, and two (2) no. The Commission believes that the conceptual plan offers a land use pattern which may reduce the potential for conflict between commercial development and residential areas. This zoning classification will serve as a transition area between low, medium, and high intensity developments. Also, the Planning Commission, through site plan review, can insure the development of the site in accordance with conceptual and final plan presentations.

Questioned by Mr. Hall on possible traffic problems in close proximity to an elementary school on Buckson Drive, Mr. Cregar stated that it is projected that most traffic would utilize Jefferic Boulevard and a new road from County Road #88. Originally it was intended to extend Nimitz Road to C.R. #88, but it was felt that this would be detrimental to the residential community. It was believed by the Development Advisory Committee and the Department of Transportation that the traffic impact on Buckson Drive would be minimal.

Recognizing that office spaces are projected for the John Hunn Brown property, Mr. Levitt asked if the Planning Commission considered the impact of both complexes. Mr. Cregar stated that this request was considered on its merits and that the recommendation could not be made based upon what may take place on the Brown property.

Stemming from additional questions by Council, Mr. Cregar reiterated that Nimitz Road will not be extended to C.R. Road #88.

Correspondence

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

Public Hearing

Mayor Richter declared the hearing open.

Mr. James McGinnis, representing Jefferic Enterprises, explained that there has been much confusion concerning the road leading to C.R. Route #88 due to the by-pass proposed for this area. It has finally been determined that an entrance to the site can be designed from Route #88 without an extension of Nimitz Road.

Mr. McGinnis stated that there is a market in this area for a large office complex, providing that the zoning is in place. The parcel owned by Jefferic Enterprises is currently zoned RG-2 and RG-3 which would allow for construction of many houses that would generate a considerable amount of traffic and these homes would be adjacent to a bowling alley, restaurants and warehouses. It was his feeling that this parcel of land is not conducive to upscale housing.

Mr. Roy Bogus, Vice-President of Whiteoak/Towne Point Civic Association, relayed the support of his Association for the requested rezoning. The Association was originally concerned with the possibility of extending Nimitz Road, but was later assured that this would not take place. The Association feels that an office complex would better serve the community than the addition of townhouses or apartments. They request, however, that truck traffic be prohibited and signs posted at the entrances of the developments at Whiteoak Road.

Mayor Richter declared the hearing closed.

Mr. Weyandt moved for approval of the rezoning request in accordance with the recommendations of the Planning Commission. The motion was seconded by Mr. Lynn and Council adopted the following ordinance by a unanimous roll call vote:

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE EAST SIDE OF BUCKSON DRIVE, AT THE EAST END OF JEFFERIC BOULEVARD.

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

WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RG-2 to CP-0.

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 gap and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RG-2 to CP-0 on that property located on the east side of Buckson Drive, at the east end of Jefferic Boulevard, owned by Jefferic Enterprises, Inc.

ADOPTED: February 12, 1990

PUBLIC HEARING - REZONING - 18 GREENHILL AVENUE - MODERN MATURITY CENTER

A public hearing was duly advertised for this time and place to consider rezoning of property located at 18 Greenhill Avenue, owned by the Modern Maturity Center.

Planner's Review

City Planner, Ed Cregar, reported that this property is currently owned and occupied by the Modern Maturity Center. The property and adjacent parking lot is zoned R-7 and RG-2 respectively; the proposed zoning is CPO. The current use of the building as a senior center is a permitted conditional use in the residential zone. When the Modern Maturity Center vacates this premise to relocate at their new site, the Conditional Use for the Greenhill Avenue property will cease. Any future use of the building requiring Conditional Use approval must be considered by the Planning Commission after public hearing. The Comprehensive Plan recommends that this are be utilized for low density residential development.

The Planning Commission recommended denial of the rezoning request by a vote of seven (7) yes, one (1) no. The CPO zone district was Intended to act as a transition area between low, medium, and high intensity developments. Rezoning the Modern Maturity Center properties will divide residential properties fronting on Division Street from the rest of the Edgehill community. This would increase the potential for future rezoning requests from adjacent property owners which would further impact the residential character of the area. Such a rezoning could set a precedent and change the essential character of the area.

The Planner stated that the Zoning Code provides a range of conditional uses that, after public hearing, could be permitted with little adverse or negative impact to the neighborhood.

At the request of some members of Council, Mr. Cregar had an ordinance prepared as a compromise to a change in zoning. It was the Planner's feeling that the special ordinance would allow limited use of the building for offices as requested and would still protect the integrity of the neighborhood. He reported, however, that the ordinance was not acceptable to the Edgehill Civic Association.

Mr. VanSant moved that the draft ordinance and the response from the Civic Association, (as follows) be made a part of the hearing, seconded by Mr. Hall and unanimously carried.

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

1.The Modern Maturity Center has presented an application for rezoning of their property and building located at 18 Greenhill Avenue (Lots 91, 92, 93, 63 & 64). The center currently has a zoning classification of R-7 (Single-Family Residential) and the center exists in this zone as a philanthropic institution which is permitted in this residential zone as a conditional use as set forth in the City's Zoning Ordinance. The request to rezone their property to CPO (Commercial/Professional Office) will allow the Modern Maturity Center the opportunity to develop uses of professional business or governmental offices and other uses which would be less restrictive than the uses permitted by the zoning ordinance under the conditional use procedure.

2.Serious objections to a rezoning of the property to CPO has been registered by the adjoining property owners and members of the Edgehill Civic Association who do not object to the proposed use of the building for Administrative/Professional offices, but who do object to subsequent uses of the property and possible future expansions of the building that may be permitted by CPO Zoning. Further, the community sees the rezoning as a potential change in the residential character of their neighborhood.

3.Unless the Modern Maturity Center is permitted to expand the uses allowed on the premises to include administrative and professional offices, which is beyond the uses described in the City's Zoning Ordinance, the center will be limited as to the use of their property and will suffer serious financial hardship by the limited resale value of their property which is a very important asset to be utilized as a portion of the payment on their new facility to be located on Delaware Route 8 in the City of Dover.

4.In light of the unique and unusual circumstances of this particular case and realizing the tremendous good work performed for the senior community and the community at large by the Modern Maturity Center, and further recognizing the limits of the City's Zoning Ordinance and where the City, since 1977, has allowed the Modern Maturity Center to expand to its present size, and understanding that the residents of the Edgehill area do not want to cause the center financial hardship in their expansion and relocation, but who do want protection from some uses and expansions of the building as it currently exists and is utilized, the City Council hereby grants the Modern Maturity Center the authority to make use of the property for administrative and professional office uses subject to the following conditions and safeguards which the City Council believes to be in the Modern Maturity Center and residents of the immediate neighborhood's health, safety and general welfare;

a.There will be no change of any of the conditions or safeguards without prior approval of Council.

b.All conditions and safeguards shall apply to the Modern Maturity Center and to any and all future owners of the property.

c.There may not be any increase in the height of the structure.

d.Lot coverage may not exceed the present lot coverage.

e.There shall be no change in the exterior appearance of the building.

f.A landscape plan shall be developed for both the building and parking lot to screen and buffer the office and parking uses from the residential properties.

g.All kitchen facilities shall be removed from the premises and no future restaurant or commercial kitchen shall be permitted on the property.

*********

"At the meeting of the Edgehill Civic Association on January 31, 1990, our group voted unanimously against backing the proposed ordinance for the Modern Maturity Center.

We would like to express our appreciation for attempting to reconcile the differences between the Edgehill Civic Association and the Modern Maturity Center concerning the rezoning of that property. However, we would hope that you will express the same viewpoints to the City Council that you outlined at the Planning Commission meeting, ie. recommending and justifying the denial of the rezoning application.

Thank you for your concern of our community as it is very near and dear to all of us in the Edgehill area."

Correspondence

The City Clerk reported that a letter was received from Edmond and Eleanor Barnes requesting that Council reject the rezoning to ensure the integrity of their residential neighborhood and to protect the safety of its citizens.

Two petitions in opposition of the proposed rezoning were received from citizens in the neighborhood. Since more than 20% of the permitted area protested, approval of the zoning amendment requires a three-fourths vote of the legislative body.

Public Hearing

Mayor Richter declared the hearing open.

Mr. Rick Barros, representing the Modern Maturity Center, explained the history of their facility. The Modern Maturity Center located at 18 Greenhill Avenue in 1976 and in 1979 replaced the structure with a 16,000 square foot building. Use of the Center quickly multiplied and they have outgrown their facility. A decision was made to relocate west of Dover. In order to sell the property at 18 Greenhill Avenue, some use other than residential must be permitted since the structure is not a residential facility. The requested rezoning would allow the property to be utilized as general offices. Mr. Barros felt that this use would eliminate many of the problems currently existing such as traffic, food delivery trucks, and parking. Mr. Barros stated that every viable alternative for use of the structure has been rejected by the homeowners association. The Center could not possibly afford to leave the structure unused and Modern Maturity Center officials feel that general office use would be well suited to this area.

Mr. James McGinnis, equitable owner, informed Council that his real estate firm has attempted to market this property for over two years. Due to the limited use allowed by the City, very few options are available for consideration. It was felt by his firm and the Center's officials that the best possible use for this structure would be general offices. Parking space is sufficient to accommodate the building and there would be no central kitchen as currently exists which would eliminate the truck traffic. The problem encountered when marketing this parcel is that financing is unavailable due to the zoning problems. It was Mr. McGinnis' opinion that offices would be the best possible use of this property.

Mr. David Johnson, President of the Edgehill Civic Association, spoke on behalf of the homeowners in the Edgehill neighborhood. He stated that they are not adverse to change as long as it is a positive change. They only wish for a change that will be conducive and beneficial to their residential neighborhood. The decision before Council is one of possible rezoning, and Mr. Johnson asked that Council make their decision based upon the best zoning classification for this parcel and not on the services offered to the community by the Modern Maturity Center or the most profitable zoning classification for the sale of the property. Mr. Johnson stated that this parcel is located in the middle of a residential community and should be used as a residential property. The services offered by the Modern Maturity Center are appreciated by the citizens of Edgehill, but they are compelled to protect their property.

Mrs. Eleanor Barnes of 50 Greenhill Avenue reminded members of Council that the people of Edgehill invested their money in the purchase of a home, in what they felt would always be a residential community. She stated that the Center is an eyesore in the middle of a residential neighborhood. Mrs. Barnes requested that Council reject the rezoning request and leave Edgehill as a residential community.

Ms. Mae Salevan of 18 Upland Avenue informed Council that she bought her home in Edgehill over 40 years ago, before it was even in the corporate limits of Dover. There were deed restrictions prohibiting commercial zoning in the area. It was because she trusted that area would always remain residential that she chose it for home. She felt it unfair for the City to consider rezoning the Modern Maturity Center property to anything other than residential. The Center was well aware of its resale limitations when it chose to expand in a residential zoning under conditional use approval. Ms. Salevan stated that the Center decided to take a risk when they expanded their facility in a conditional use setting. She felt that the homeowners should not be held responsible for a risk taken by the Modern Maturity Center. Ms. Salevan asked that Council deny the rezoning request for CPO zoning.

Mrs. Martha S. Jones of 719 E. Division Street joined her neighbors in objecting to the rezoning request. Mrs. Jones' property is in very close proximity to the Modern Maturity Center property. Patrons of the Center often utilize parking facilities of her home, and she has often had to clean up debris around the Center's garbage facilities and the odors entering her home are very offensive.

Mr. Anthony D'Arpino of 731 E. Division Street stated his opposition to the proposed rezoning. Mr. D'Arpino supports the efforts senior citizens community center. He objected, however, to rezoning a property to enhance its value regardless of its effect on the neighborhood. Mr. D'Arpino stated that the streets in this area are too narrow to handle the traffic and there is insufficient parking space for the facility. He stated that the City erred when they allowed such an operation in the middle of a residential neighborhood; rezoning the property to CPO would only add to that error. He requested council deny the rezoning request so that Edgehill can remain residential.

Mr. Robert Tudor of 706 E. Division Street reminded Council that approval of the requested CPO classification would be spot zoning and would be contrary to the recommendation of the Comprehensive Plan. Mr. Tudor reminded Council that this is a rezoning issue, and has no bearing on the service of the Modern Maturity Center performs for our senior citizens or on its financial needs concerning the resale of this property. Mr. Tudor cautioned Council that approval of this rezoning would set a precedent for similar parcels in residential communities.

Mr. Walt Crozier of 724 S. Halsey Road stated his support for the efforts of the Modern Maturity Center, having contributed personal funds to the Modern Maturity Center. Mr. Crozier stated, however, that the matter before Council is an issue of proper zoning for the property of 18 Greenhill Avenue. The decision should not be influenced by the fact that it is owned by a community group that is depending on the money that can be derived from the resale of the property under a non-residential zoning classification. He suggested instead that the Modern Maturity Center appeal to private donations from the community. He reminded members of Council that the property owners in Edgehill are going to have to live with the decision on this rezoning request for many years to come.

Mr. Francis Harrington of 17 Greenhill Avenue, lives directly across from the Modern Maturity Center's driveway. Mr. Harrington stated that the Modern Maturity Center has used its facility in a commercial manner without commercial zoning. He stated that the residents have had to live with excessive parking and vehicular traffic, and kitchen and garbage odors. Mr. Harrington stated that the Modern Maturity Center could sell the property for construction of residential homes and still make a considerable amount of money.

Mr. Robert Bonniwell, Executive Director of the Modern Maturity Center, spoke in favor of the reqested rezoning. He stated that the Center is forced to move due to the extensive growth of the facility and the objections of the neighborhood to expansion of their present facility. The property at 18 Greenhill Avenue has been on the market for two years, with no interest shown since the property is not properly zoned to allow financing of this property. The Center has expanded because of the increased population in this area which increased the need of their services. Mr. Bonniwell felt that the proposed CPO zoning would better suit the neighborhood, stating that the residents of Edgehill have not agreed on any of the uses that have been suggested for this property. The equitable owner, Mr. James McGinnis, owns several properties in this area and has proven that he takes very good care of his properties. Mr. Bonniwell asked that members of Council take this into consideration when making their decision on the requested rezoning.

Mayor Richter declared the hearing closed.

Mr. Lynn moved for denial of the rezoning request to CPO in accordance with the recommendations of the Planning Commission. The motion was seconded by Mr. Hall and carried by a unanimous roll call vote.

Mr. Levitt moved that the special ordinance, prepared by the City Planner, be referred to the Planning Commission for their consideration and recommendations. The motion was seconded by Mrs. Legates and failed by a roll call vote of six (6) no, three (3) yes (Mrs. Legates, Mr. Levitt and Mr. Weyandt).

Mayor Richter declared a five minute recess.

REZONING - PUBLIC HEARING - PROPERTY ON CARVER ROAD - RACHEL WHITE

A public hearing was duly advertised for this time and place to consider rezoning of property located on Carver Road, west of West Dover Elementary School and William Henry Middle School, owned by Rachel White.

Planner's Review

City Planner, Ed Cregar, explained that the property is currently zoned as RG-1 (General Residence). The proposed zoning of RG-2 would permit multi-family residential use. The equitable owner plans construction of apartments. The Planning Commission recommended, by unanimous vote, approval of the rezoning request. The Comprehensive Plan recommends that this area be utilized for medium density residential uses. The requested zoning classification would not represent any change of character to the area since it currently permits the development of apartments.

Responding to questions of Council, Mr. Cregar reported that the Capital School District has no objections to the proposal.

Correspondence

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

Public Hearing

Mayor Richter declared the hearing open.

Mr. Tom Burns of Burns & Ellis Realtors addressed Council on behalf of the buyer and seller of the property. Questioned by Mr. Hall, Mr. Burns stated that 20 units are planned in the apartment dwelling which will require site plan approval by the Planning Commission.

Mayor Richter declared the hearing closed.

Mr. Hall moved for approval of the rezoning request in accordance with the recommendations of the Planning Commission. The motion was seconded by Mr. Lynn and by a roll call vote of eight (8) yes, one (1) no (Mr. Christiansen), Council adopted the following ordinance:

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON CARVER ROAD, WEST OF WEST DOVER ELEMENTARY SCHOOL AND THE WILLIAM HENRY MIDDLE SCHOOL

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

WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RG-1 to RG-2.

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

1.         That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RG-1 to RG-2 on that property located on Carver Road, west of West Dover Elementary School and the William Henry Middle School, owned by Rachel White.

ADOPTED: February 12, 1990

PUBLIC HEARING - NON-CO14PLIANCE OF DANGEROUS BUILDING ORDINANCE - 72 RIVER ROAD

On January 24, 1990, the Department of Inspections and Planning notified owners of 724 River Road that a public hearing had been set for February 12, 1990 at 7:30 p.m. to afford them an opportunity to appear before Council to show cause why the building at 724 River Road should not be demolished. The structure has been cited for several defects in accordance with Article VI, Dangerous Buildings, Section 5-86 of the City Code.

Mr. Cregar explained that the Inspections Department has worked with owners of 724 River Road, the Allen family, for over one year to correct the deficiencies of their property. Slides were shown depicting several City Code violations of the structure.

After numerous attempts to assist the owners with rehabilitation or demolition of the property, Mr. Cregar recommended that the structure be demolished, the debris removed, and any excavated areas be filled with clean fill, compacted and restored to original grade. The demolition of the structure will cause no displacement of persons from the building. He further recommended that the owners be notified and given thirty (30) days to demolish the structure. If the owners fail to comply after notification, then the City shall cause the building to be demolished and the cost of such demolition will be charged against the land on which the building existed as a municipal lien.

Mr. Cregar assured members of Council that some of the family members were informed of the scheduled public hearing.

Mayor Richter declared the hearing open.

There was no one present to speak for or against the demolition of 724 River Road.

Mayor Richter declared the hearing closed.

Mr. VanSant moved for acceptance of the Building Inspector's recommendation, as follows:

That the structure at 724 River Road be demolished, the debris removed, and any excavated areas be filled with clean fill, compacted and restored to original grade. The owners of the property shall be notified of this order and if the owners fail to comply within thirty (30) days, Council shall cause the building to be demolished with the costs of such demolition to be charged against the land on which the building existed as a municipal lien.

The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.

Mr. Salters stated his feeling that all building condemnations have occurred within only certain areas of the City. He requested that enforcement of the City Code be spread throughout the City. Mayor Richter assured Mr. Salters that code enforcement is performed throughout the entire City.

PARKS AND RECREATION COMMITTEE REPORT

The Parks and Recreation Committee met on January 23, 1990, with Chairman Legates presiding.

Delaware Water Ski Federation - Request to Hold 3rd Annual First State Championship

The committee considered a request by Delaware Water Ski Federation to utilize Silver Lake for their 3rd Annual First State Championship Tournament on September 8 and 9, 1990. In order to conduct the tournament, it would be necessary to close the lake and ramp from Friday, September 7th until completion of the tournament on Sunday, September 9th.

The committee recommended acceptance of the request to use Silver Lake for the 3rd Annual First State Championship on September 7 - 9, 1990, with permission to sell ski merchandise under the following terms: Staff will control set up of vendors, items to be sold, and all vendors must have necessary business license and meet all requirements of the Inspections Department.

Mrs. Legates moved for approval of the committee's recommendation, seconded by Mr. Daisey and unanimously carried.

Silver Lake Study - Phase II - Report from Silver Lake Commission

An update was given on progress of the Silver Lake Commission regarding Silver Lake. The Silver Lake Commission will submit a request for a grant of $100,000 to the Environmental Protection Agency with the help of the Department of Natural Resources and Environmental Control. Possible solutions to the pollution of Silver Lake include the building of a lake upstream which would allow the pollution to flow into that lake.

The committee also discussed the concept of a public swimming pool. Staff informed the committee that this alternative will be discussed more fully in review of the Capital Improvements Plan.

Mr. Salters requested that his suggestion, in a letter to Mayor Richter, be made a matter of record, stating that he has requested that funding for a public swimming pool be placed in the 1990/91 budget.

Mrs. Legates moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Daisey and unanimously carried.

LEGISLATIVE AND FINANCE COMMITTEE REPORT

The Legislative and Finance Committee met on January 23, 1990, with Chairman Weyandt presiding.

Alternative Investment Options - Deferred Compensation Plan

The City currently offers a deferred compensation plan to its employees. The plan provides a means for employees to defer a portion of their income for retirement and offers tax advantages. The current plan is administered by the International City Manager's Association. The plan works with employee's contributions only, at no cost to the City.

An additional option is the United States Conference of Mayoral which has a deferred compensation plan for public entities. They also offer a variety of investment vehicles for the funds deferred by the employees. Many cities offer both I.C.M.A. and U.S.C.M. plans to their employees, so the employees have a wider range of options for their investments. Staff recommended that this second plan be offered to employees.

The committee recommended that the City offer the United States Conference of Mayors' Plan to its employees and that Council adopt a resolution and agreement solidifying this action.

Mr. Weyandt moved for approval of the committee's recommendation, adopting the required resolution and agreement (as on file in the Office of the City Clerk). The motion was seconded by Mr. Lynn and unanimously carried.

Emergency Shelter Grant Program Funds

The City was notified of the availability of emergency shelter grant program funds. The U.S. Department of Housing and Urban Development has allocated $37,000 in ESGP funds to the State of Delaware. The funds must be awarded and obligated at the local level within a limited period of time. A request has been received from the Ruth N. Dorsey Shelter for additional emergency shelter grant funds. City staff requested authorization to draft an application and submit it by the March 30, 1990 deadline.

The committee recommended that City staff be authorized to apply for the Emergency Shelter Grant Program funds for the Ruth N. Dorsey Shelter.

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

Constitution Place Fund - Closing of Fund

The City initiated the Constitution Place project in March 1987. A final bill was received and paid in December 1989. The total project revenue was $2,621,137 and the total expenditure was $2,540,992. This has left a balance of $80,145 as of December 31, 1989.

The committee recommended that the Constitution Place Fund be closed and that the balance of $80,145, including the interest to the date of closing, be transferred to the special escrow account set up in the General Fund.

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

Financial Report - Silver Lake Dam

The committee was advised by the Finance Director that after receipt of a final bill on the Silver Lake Dam project, a request will be brought to the committee to close the account. As of December 31, 1989, the balance of the account totaled $19,733.

The committee took no action.

Modern Maturity Center - Request for Funds Update

The committee has attempted to assist the Modern Maturity Center in seeking federal or state funds towards their new senior citizens center. Every possible lead has been exhausted by the committee to no avail. The committee felt that State of Delaware Senators and Representatives may be able to assist the Modern Maturity Center and suggested that the Center approach their representatives. The committee took no further action.

Proposed Text Amendments - City Zoning Ordinance

The committee reviewed four draft zoning ordinance amendments, as follows: (1) - Group Homes and Halfway Houses - allowed in residential zones as a conditional use; (2) - Modification of number of stories permitted for Garden Apartments from two stories to three stories; (3) - Day Care Facilities to be consistent with State licensing requirements; and (4) - Central Area District creation of district to serve as a guide for development projects.

The committee made some changes to the draft ordinances and recommended that a final draft be submitted to the Legislative and Finance Committee after review by the City Solicitor and the Planning Commission. Council will take action on the ordinances after final review by the committee.

Street Pavinz/Curb/Patching Costs - 1989/90

The Finance Director reported that the total money spent in the bond issue for street paving, curb and patching costs will be $1,848,104. At the present time, $47,700, including estimated interest, remains in the account along with $30,000 for patching repairs. The Public Works Director informed the committee that street patching will be done during the latter part of the year. No action was taken.

Two Readings of Ordinances Prior to Adoption

The committee considered a proposal to have two readings of ordinances prior to their adoption. It was noted by committee members that reading of ordinances In their entirety can sometimes be cumbersome. It was suggested that only a synopsis of the ordinance be read, unless otherwise requested by the Mayor or Council, and that copies of the ordinances be made available to the public in the Council Chambers.

The committee recommended that the City Solicitor prepare an ordinance on the reading of ordinances prior to adoption for review by the committee at its next meeting. Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Daisey and unanimously carried.

Covered Truck Ordinance

In considering the possibility of a covered truck ordinance, in conjunction with construction of the proposed by-pass, the committee instructed the Chief of Police to research state regulations regarding this issue and report back to the committee at their next meeting.

Quarterly Uncollectibles Report - Ambulance

The committee recommended that $5,410 in uncollected ambulance fees be written off. Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.

Quarterly Uncollectibles Report - Electric

The committee recommended that $1,984.47 in uncollected electric fees be written off. Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.

Fiscal Year 1990 Community Development Application Schedule

The City has been notified of the availability of Community Development Block Grant funds for FY90. The deadline for submitting a completed application is March 31, 1990. The funds are made available through a 1.4 million dollar grant from the U.S. Department of Housing and Urban Development. As in the past, the funds may be used for a number of eligible activities designed to induce community development and revitalization.

The committee recommended that staff be authorized to move forward with the grant and be permitted to use the following guide as a schedule for the fiscal year 1990 Community Development Block Grant application:

FY-90 CDBG APPLICATION SCHEDULE

1.