Regular City Council Meeting
iCal

Jan 11, 1988 at 12:00 AM

                                               

                                                 REGULAR COUNCIL MEETING

The Regular Meeting of Council was held on January 11, 1988 at 7:30 p.m. with Mayor Carroll presiding. Members present were Councilmen Richter, Daisey, Legates, Lynn, Christiansen, Levitt, Weyandt, and VanSant.

In the absence of Reverend J.H. Williams, the invocation was given by Councilman Frederick Vansant.

AGENDA ADDITIONS/DELETIONS

The agenda was approved as submitted by motion of Mr. Weyandt, seconded by Mr. Christiansen.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 28, 1987

Mr. Christiansen requested that the Minutes of the Regular Council Meeting of December 28, 1987 be amended to reflect the proper name of the B.P.O.E. Elks Lodge, No. 1903, rather that NO. 19, as stated in the minutes. The minutes of the Regular Council Meeting of December 28, 1987 were approved as amended by motion of Mr. Christiansen, seconded by Mr. Weyandt and bore the written approval of Mayor Carroll.

PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON THE EASTERLY SIDE OF U.S. ROUTE #113, BETWEEN EAST LOOCKERMAN STREET AND SOUTH LITTLE CREEK ROAD

A public hearing was duly advertised for this time and place to consider the rezoning of property located on the easterly side of U.S. Route #113, between E. Loockerman Street and S. Little Creek Road, owned by John Hunn Brown.

Attorney Glenn Hitchens was present, representing the equitable owner, The Dover Company, Inc. On behalf of the applicant, Mr. Hitchens requested that the request be withdrawn.

Mayor Carroll requested that Mr.Hitchens submit a formal letter requesting withdrawl of the request to the City Clerk’s Office as soon as possible.

Mr. VanSant moved to accept the request for withdrawal of the rezoning request, seconded by Mr. Weyandt and unanimously carried.

It is noted that petitions were received, containing the signature of 95 persons opposing the request. The City Assessor stated that less that 20 percent of the permitted area protested by

petition. A letter was received for Dorothy and Edward Cox of 798 E. Loockerman Street voicing objections to the proposed rezoning.

PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON THE EAST SIDE OF U.S. ROUTE #13, BETWEEN NUCAR MAZDA AND TRAVELERS INN

A public hearing was duly advertised for this time and place to consider the rezoning of property located on the east side of U.S. Route #13, between Nucar Mazda and Travelers Inn, owned by J.G. Smith Farms, Inc., KCM Motors, Inc., KCM Realty, Inc., and Mellon Bank, trustee for Sarah E. Townsend Sutherland.

Mayor Carroll declared the hearing open.

Attorney Max Terry was present representing the equitable owners, Petrie, Dierman and Partners, Inc. He informed Council that presentations will be made by the architect and traffic engineer for the project. Mr. Terry stated that the parcel proposed for rezoning is already zoned for C-4 use which is the highest commercial zone in the City. Petrie, Dierman and Partners , Inc. Are requesting a zoning category of SC-2. Mr. Terry stated that in order for Council to deny this request, they must have a valid and substantial reason for such denial.

Mr. Terry felt that Council should consider the applicable zoning principles such as the effect of the rezoning on: (1) the present neighborhood, (2) the traffic, (3) the residents living in close proximity to the proposed shopping center, and (4) if the proposed use could overload the ability of the City to provide services to the project. He stated that Council should not base their decision on any personal feelings that Dover may already have too many commercial establishments.

It is the feeling of Mr. Terry that the request for SC-2 would down-zone the property. He stated the possibility of developing nine separate commercial establishments on the property as presently zoned C-4. With the Sc-2 zoning category, the development would be completed in a unified theme, resulting in unified control of the entire development.

A letter from A. Temple Carter, Subdivision Manager with the Division of Highways, State of Delaware, was submitted to the City Clerk by Mr. Terry.

Mr. Terry stated that the letter essentially states that the zoning category of SC-2 will have no worse of an impact on traffic that what the present C-4 zoning (when developed) would have on the community. He also reminded Council that the requested zoning is in accordance with the City’s Comprehensive Plan and that the City Planning Commission recommended approval by a vote of five (5) yes, four (4) no.

For the record, Mr. Terry submitted a letter from the manager of The Holiday Inn, stating that he preferred to see the property developed in a unified manner, which can ve controlled and would be less disruptive to the environment. Letters were also submitted from the president of the Baltimore Washington Corridor Chamber, the Mayor of Laurel, Maryland, and from the Laurel, Maryland Police Dierman and Partners, they found the firm to be very dedicated to their job and that they make every attempt to work with the community. Mr. Terry stated that Council could view a project of Petrie’s, known as Laurel Lakes Centre, in Laurel, Maryland to observe the type of work performed by Petrie, Dierman and Partners. (All letters submitted will be on file in the Office of the City Clerk - City of Dover.)

Mr. Walt Petrie, president of Petrie, Dierman and Partners, Inc., addressed Council to explain the background on the proposed rezoning. His firm has met on numerous occassions to with the residents living in the area of the proposed rezoning, resulting in numerous changes to the original plan. They have worked with the residents on such things as fencing, berms, landscaping, entrances, drainage, etc. Mr. Petrie reiterated that development of this parcel as a whole will guarantee unified development and design . Mr. Petrie stated that his firm has also worked with the senior citizens of Luther Towers and agreed to their request for construction of a covered bus stop and a crosswalk for safety purposes. It is his intent to purchase the property even if rezoning is not approved which will be developed as nine individual commercial sites. However, he felt that it would be better for the City of Dover to have one well planned, harmonious retail complex. Hechinger’s has committed to be a part of the shopping center is zoning is approved and many other companies have expressed interest, pending the outcome of the rezoning hearing.

Mr. Tom Georgeous, architect for the project, displayed many sketches of the proposed shopping center. He emphasized the importance of developing the entire parcel in a unified fashion and displayed the types of material that would be used in making this shopping center an attractive addition to the City of Dover. In an attempt to please surrounding neighbors, Mr. Georgeous stated that the rear of the shopping center has been designed to look very much like the front so that it will be aesthetically pleasing to those persons living to the rear of the development.

Mr. Wes Guckert, President of the Traffic Group, Traffic Engineers/Traffic Planners for the project, stated that detailed traffic studies were prepared and reviewed by the Department of Transportation of the State of Delaware and by the City of Dover. Mr. Guckert indicated that the proposed shopping center would not be open until late 1989 and that the Department of Transportation feels that the Route #13 by-pass would be completed a few years later. Although the present traffic situation on Route #13 is not good today, he felt that with the improvements recommended improvements along Whiteoak Road and Route #13, the traffic impact from the proposed shopping center would be off-set.

Mr. VanSant submitted a series of detailed questions relative to the traffice report, which Mr. Guckert attempted to explain and clarify. Mr. VanSant referred to his concern for the mayor increase in traffic of Kings Highway and Whiteoak Road, noting that both of these roads are single lane roadways and could not sufficiently handle the increased traffic . Mr. Guckert agreed that improvements must be made to handle the additional projected traffic. He reminded Council, however, that the comparison for traffic must be based upon the volume of traffic generated between the possibilities in the C-4 zone and the possibilities in the SC-2 zone. The comparison cannot be based upon the present use of the land since it is vacant.

Noting that the only planned entrance is located on Route #13, Mr. VanSant asked if there is a future possibility of making an entrance to the proposed shopping center from Whiteoak Road. Mr. Guckert stated that the developers would make the Whiteoak Road entrances only if they were directed to do so by the City or the Kings Highway as proposed since there is very little excess land available. Mr. Guckert responded that right-of-way is available and that the plans have been submitted indicating how the improvements would be made.

Responding to questions from Mr. Daisey , Mr. Guckert explained that the State is in the process of advertising for consultant contracts to implement a study on the traffic signalization on Route #13.

Mr. Guckert explained to Mr. Weyandt the meaning og the term “level of service” as being the qualitative measurement of the quantity of traffic. With Level A being the best and Level F considered “forced flow or capacity”, Route #13 has been ranked as Level D. Level E and F are considered as an unacceptable roadway condition. Mr. Guckert stated that with the recommendations made by his department, the traffic generated by the proposed shopping center will not make the level of service any worse.

Mr. Wilson Comegys, President of the Edgehill Civic Association, Inc., addressed Council informing that the residents of Edgehill have voted to oppose the proposed rezoning and that two separate petitions have been submitted in opposition. The petition contained the signatures of approximately 200 persons living in the general area of the proposed rezoning site. Mr. Comegys requested that Council listen to the needs of the residents and that the rezoning be denied.

Mr. Roy Bogus of 229 Frear Drive stated that he is in favor of the proposed shopping center, feeling that the shopping center would bring additional revenues from taxes, water, and sewer. The developer has attempted to work with residents on a present drainage problem and has agreed to landscape the area and to construct the facility so that the rear of the building will be aesthetically in keeping with the area. Relative to traffic, Mr. Bogus felt that the proposed Route #13 bypass will eliminate the problem within a couple of years after the Center would open. Mr.Bogus stated that he contacted the Mayor of Laurel, Maryland concerning the Laurel Lakes Centre recently completed by Petrie, Dierman and Partners. Mayor Duniho stated that she was very impressed with their work and stated that they worked very well with the residents of Laurel. Mr. Bogus stated his concern with development under the present C-4 zoning category, feeling that it would result in many entrances/exits from the individual stores rather than an entrance/exit for one well planned center.

Ms. Ruth Tee of 822 Whiteoak Road addressed Council, voicing her opposition to the proposed rezoning. Ms. Tee stated that the residents in the area of the proposed shopping center are opposed to the rezoning, feeling that they should be permitted to maintain their present quality of life. She felt that the excessive noise, lighting, and traffic generated by the shopping center would affect the quality of life of these citizens. Ms. Tee supplied members of Council with a chart from the State Department of Transportation depicting the traffic situation on Route #13. There are no sidewalks in Whiteoak Farms or Edgehill and the children often walk in the roadway. The present traffic situation is already very dangerous for the residents in the area and the increased traffic will only worsen the situation. She referred to the timing problems with traffic on Route #13 and questioned the possibility of senior citizens being able to cross the highway, even with the assistance of a crosswalk. She reminded everyone of the recent deaths of pedestrians attempting to cross U.S. #13, Ms. Tee felt that the residents would be happier with the development of individual stores, which Mr. Petrie alluded to, than with the major shopping center that is being proposed.

In reference to the possibility of and entrance to the shopping center being placed on Whiteoak Road, Ms. Tee stated that during the Development Advisory Committee meeting, it was stated that if the Route #13 entrance proves insufficient to handle the traffic, the State could mandate an opening an Whiteoak Road. Such an entrance would only add to an already over-used roadway.

Ms. Tee reminded Council that the residents must rely on them, as elected officials. To represent their interests and she requested that they vote against the rezoning request.

Mr. Christiansen asked Ms. Tee is she, in any way, coerced anyone into signing the petition and Ms. Tee assured Council that she did not and that she asked every citizen fo fully read the petition before signing. Upon questioning, Ms. Tee and Mr. Lucas stated that no one had requested that their names be stricken from the submitted petition.

Mr. Joseph Cugnini of 133 Uplan Avenue questioned the possibility of the placement of an entrance/exit on Whiteoak Road, feeling that it could have a detrimental affect on Edghill. Mayor Carroll explained that the City would have no jurisdiction on the entrance requirement, stating that the Delaware Department of Transportation would make this decision regardless of the zoning category of the property.

Mr. Dick Holland of 163 Upland Avenue voiced concern with the present traffic hazards both on Route #13 and Whiteoak Road. In the event that the rezoning is denied, Mr. Holland questioned the ability of Petrie, Dierman and Partners to place nine individual business on the available property. He requested that Council adhere to the needs of the citizens and deny the request for rezoning.

Mr. Samuel Mason of 804 Whiteoak Road was present to voice his concerns with the traffic and safety on Whiteoak Road. Referring tot the developer’s suggestion, to widen Whiteoak Road and Kings Highway to facilitate two left hand turn lanes, Mr. Mason stated that the businesses at these corners would be deprived of their conjunction with traffic problems already existing on the roadways. He objected to the construction of a major shopping center which would be located in very close proximity to a residential community.

For the record, Mayor Carroll acknowledged receipt of the two petitions submitted by Mr. Comegys, containing 199 signatures, in opposition to the rezoning request.

Mayor Carroll declared the hearing closed.

The City Solicitor advised that because of the petition which had been filed opposing the rezoning application, six affirmative votes would be required in order to approve the rezoning application. Further, if Council voted to deny the application, then it would be necessay for detailed reasons to be stated in light of the fact that the Planning Commission, by a split of five to four, recommended approval of the application.

Mr. Christiansen noted that he did not believe that the applicant could be accurate in arguing that the shopping center development for the parcel would create less of a traffic problem than leaving the property to be developed individually under the current C-4 zone. He pointed out that he was opposing the application in order to lessen congestion in the streets. He thought the shopping center would have a detrimental affect upon land values of residential property in the area because of the traffic problem, including fire safety which comes with the traffic problem. This traffic problem will not be solved until the by-pass is in operation and there is no assurance that it will be solved at that time. To sanction the shopping center certainly does not promote health and general welfare to residents in the area and fosters overcrowding of land and undue

concentration of population. Even if the property were developed in separate lots under C-4, it was the consensus of Council that these undesirable results would not occur or at least would not have the magnitude and impact that a shopping center on the property would promote.

Mr. Weyandt moved to day the application. Mr. VanSant moved to amend the motion to deny, to state the general reasons of traffic and safety of pedestrians and motorists. The motion and the amendment were duly seconded by Mr. Christainsen and both were opened to discussion. Mr. Lynn stated that the applicant had shown a substantiation of the need for the shopping center based upon market analysis and recommendations of the Comprehensive Plan were discussed in detail and it was felt that the objectives could be achieved by adequate site planning under that zone to discourage strip development along U.S. Route 13, require a common access road and buffering of commercial from adjoining residential areas. The main topic of discussion was the fact that a very serious traffic problem exists in the area which the Department of Transportation and applicant’s own experts refer to as presently having the maximum volume to be considered acceptable under a D classification. Any further volume would render the area unacceptable traffic-wise and into a category of E or F. The applicant’s argument, that a greater traffic problem would be caused by the development of nine parcels under the current C-4 zone would cause a much more severe traffic problem than development under th SC-2 zone, was based upon the assumption that all nine parcels would be developed prior to completion of the U.S. Route 13 by-pass which is due to be completed in late 1992. The applicant projected opening of the shopping center in late 1989, three years before the by-pass would be available. Development of nine separate units on the property under the current zoning by the end of 1989 was viewed highly unlikely. Pedestrian safety, especially across U.S. Route 13, was strongly considered and reference was made to the problem existing at Delaware State College regarding access to the Dover Mall where a pedestrian overpass was authorized by the General Assembly and subsequently a bussing agreement was entered into. This involved college students whereas the present area population consists largely of senior citizens and retired persons. The recommendation of the Planning Commission was considered in detail but it was noted that this resulted in a four to four vote, with approval only being attained when the chairman broke the tie in favor of approval.

Mr. Weyandt voiced his feeling that in considering a rezoning request, Council must consider: (1) if the public accepts the proposal, and if it satisfies the adjacent property owners ; and (2) does it adversely affect the safety and welfare of the citizens of Dover. He reported statistics complied by Chief Klenoski that show that 636 accidents occurred during an 11 month period in the area between Lafferty Lane and Dover Plumbing.

Mr. Christiansen called for the question on the motion.

By a roll call vote of seven (7) yes, one (1) abstaining (Mr. Richter), the amendment citing the reasons for denial to the motion was carried. By a roll call vote of seven (7) yes, one (1) abstaining (Mr. Richter), the main motion to deny the rezoning request was approved.

RECESS

Council took five minute recess and reconvened into regular session

LEGISLATIVE AND FINANCE COMMITTEE REPORT

The Legislative and Finance Committee met on January 4, 1988 with chairman Weyandt presiding.

FUNDING OF FIRE EQUIPMENT - ROBBINS HOSE COMPANY

City staff and representatives of the Robbins Hose Company met to devise and agreeable funding plan that would permit the City to assist the Fire Company in the purchase of two new vehicles. The City proposed a ten (10) year commitment of contributions from both the City and the Fire Company that would be placed in an equipment replacement escrow fund. The Fire Company would then order the two(2) new engines to be paid for from the equipment replacement fund. The new engines would serve as collateral as well as a letter from the City committing future funding. The proposed plan would have allowed for the replacement of the two (2) needed vehicles in 1988. At the end of the ten (10) year period, the proposed plan would allow a replacement fund of approximately $280,000 which could be used towards the purchase of a third vehicle in the late 1990's. This plan would eliminate an earlier agreement for the City to Contribute $60,000 per year for ten years.

The Fire Company membership voted to commit the Fire Company for only a five (5) year period, feeling that they could not commit beyond that due to other capital needs.

After discussing several alternatives, the City and the Fire Company agreed on a six (6) year proposal and the committee recommended approval of the plan, as follows:

     City’s Annual Contribution

     $60,000 for 1987/88 and 1988/89 = $120,000 

     $70,000 for 1989/1990; 1990/91; 1991/92; 1992/93 = 280,000

                                                                                                                                        $400,000

      Robbins Hose Company Annual Contribution                              

      $20,000 per year for six (6) years =             120,000

                                                                                                                                         $520,000

Mr. Weyandt moved for approval of the funding plan as recommended by the committee, with the City committing to a contribution of $400,000 over a six (6) year period and the Fire Company committing to a contribution of $120,000 over a period of six years. The motion was seconded by Mr. VanSant and carried by a unanimous roll call vote.

Dover Housing Authority - Payment in Lieu of Taxes

A cooperation Agreement between the City and the Dover Housing Authority, dated December 1, 1966, provides that the City shall distribute payments in lieu of taxes among the taxing bodies in the proportion which real property taxes would have been paid to each taxing body if the project were not tax exempt.

The City has received payment in lieu of taxes for 1985 and 1986 totalling $16,377.55. In accordance with section (3 ) of the Agreement, the committee recommended approval of the following distribution schedule:

    

                                                  City of Dover $ 5,755.53

                                                  Kent County    1,991.19

                                                  Capital School District 8,168.84

                                                  Vo-Tech School District 461.99

                                               

                                                   Total $16,377.55

Mr. Weyandt moved for approval of the distribution schedule, as proposed by the committee, seconded by Mr. VanSant and carried by a unanimous roll call vote.

Mr. Weyandt suggested that the Capital School District utilize their portion of the monies to fund the hiring of a crossing guard at the Fairview Elementary School.

The committee also recommended that they be authorized to review the Agreement between the City and the Dover Housing Authority for a report to Council. Mr. Weyandt moved for approval of the committee’s recommendation, seconded by Mr. VanSant and unanimously carried.

Financing for Street Program

Council approved the 1988 Street Program during their meeting of December 28, 1987, which will cost approximately $968,000. Since a similar program is also scheduled for 1989, the Finance Director has been investigating the most economical avenue to pursue in financing the Street Program. In accordance with Section 50 of the Charter, the City can borrow up to $1,000,000 for street purposes without the need of a bond referendum. Since approximately $2,000,000 will be needed for the 1988 and 1989 Street Programs, the City could borrow $1,000,000 in April 1988 and an additional $1,000,000 in 1989, thereby eliminating the necessity of holding a bond referendum. However, if the entire 2,000,000 was borrowed at the same time, the Finance Director felt that it could result in a large savings in borrowing costs. It his intention to further analyze the possible options and he submitted a timetable for Council to follow.

The committee recommended approval of the following timetable, as proposed by the Finance Director:

                Action Date

1. Bank vs. Bond Issue Financing Analysis 1-11-88 to 1-15-88

2. Recommendation to Legislative & Finance Committee 2-1-88

3. Council Action 2-8-88

4. (If referendum is to be held) - legal notice for referendum 2-11-88, 2-18-88, and

                                                                                                               2-25-88

5. Referendum 3-3-88

6. Bond Issue By 4-29-88

Mr. Weyandt moved for approval of the timetable as recommended, seconded by Mr. VanSant and carried by a unanimous roll call vote.

1986 Water/Sewer Bonds Fund

Stemming from various appropriations from the 1986 Bond Issue, a balance of funds was created totalling $148,435. The balance was created from the cancellation of one of the proposed projects, lower that projected costs for two of the projects, and higher than anticipated interest earnings. Since the funds were derived from the 1986 Bond Issue, adoption of the proper authorizing resolution is required. The resolution is not for additional funds, but is simply a necessary formality.

The committee recommended approval of the resolution.

By motion of Mr. Weyandt, seconded by Mr. VanSant, Council adopted the following resolution by unanimous call vote.

                           A RESOLUTION DESIGNATING USE OF EXCESS PROCEEDS

                                FROM THE SERIES 1986 WATER AND SEWER BONDS

                                               FOR CONSTITUTION PLACE PROJECT

     WHEREAS, the Council of the City of Dover by Resolution of September 10, 1984 ( the “1984 Resolution”) as amended and supplemented by Resolution of June 23, 1986 (the “1986 Resolution) has issued its Water and Sewer Revenue Bonds 1986 (Series A) (the “Bonds”), the proceeds of which are to be applied to finance certain water and sewer projects described in the 1986 Resolution (th “1986 Projects”); and

WHEREAS, the Council wisher to designate the use of these excess proceeds for the Constitution Place project.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER AS FOLLOWS:

Section 1. The estimated costs of the 1986 Projects to be funded with the proceeds of the Bonds are revised as follows:

                                          ORIGINAL REVISED SURPLUS/

PROJECT ESTIMATE ESTIMATE or ACTUAL DEFICIT

New Well Field and $2,575,000 $2,340,0000 $235,000

Treatment Plant

16" Water Line in

Division Street, West

 Street, to State Street 350,000 $658,170 (308,170)

20" Water Line and 12"

Water Line from New

Treatment Facilities 682,000 682,000 -0-

16" Water Line - North

     Little Creek Road 226,000 226,000 -0-

12" Water Line in Division

Street, West Street to Forest

Street, 8" Water Line

in Forest Street, Division Street

to Lincoln Street 230,000 165,554 64,446

8" Gravity Sewer Puncheon

Run Pumping Station to

RudnickTract ** 100,000 -0- 100,000

18" Gravity Sewer Route 8

to Walker Road ** 251,500 236,582 14,918

Anticipated Additional

Interest Earnings 42,241

     SURPLUS $148,435

* Costs represent actual contract or bid prices and applicable engineering fees.

** Costs represent City portion of project in Bond Issue.

     Section 2. The Council hereby determines that there will be excess proceeds from the Bonds at least in the amount of $148,435 and directs that, pursuant to Section 6 of the 1984 Resolution, said sum be transferred to the Water and Sewer Fund.

     Section 3. Pursuant to Section 7 of the 1984 Resolution, the Council hereby determines that, before taking into account the aforesaid transfer, there are sufficient funds in the Water and Sewer Fund to pay all operating expenses of the water and sewer facilities, to make all Redemption Fund and Reserve Account Deposits and to pay debt service on all debt obligations were expended for water and sewer facilities so that the transferred funds may and shall be applied to pay for water and sewer facilities associated with the Constitution Place project as held in a separate account designated for such purposes.

     Section 4. This Resolution shall be effective immediately upon its adoption.

ADOPTED: January 11, 1988

Community Development Block Grant Application

An administration public hearing was held by the Community Development Department. The hearing was for the purpose of providing interest citizens the opportunity to comment regarding the City’s use of the Fiscal Year 1987/88 Community Development Block Grant funds. Although no one was present at the hearing, many telephone calls, were received with citizens requesting that the City continue to use the CDBG funds for housing rehabilitation activities.

Based upon the need for continued rehabilitation, it was the committee’s recommendation that a request be made in the amount of 300,000 in CDBG funds to the State of Delaware, Division of Housing and Community Development, for the purpose of providing continued housing rehabilitation and demolition assistance. A total of $250,000 of the funds would be earmarked to provide rehabilitation assistance to approximately 25 households located within Capital Green, Cherry Street, and State College Road areas of the City. Another $10,000 would be used to provide demolition assistance for five (5) eligible properties, with the remaining $40,000 used for administrative expenses. The proposed uses are consistent with the recently developed Community Development Block Grant Plan.

Mr. Weyandt moved that City staff be authorized to apply for $300,000 in CDBG funds; $ 250,000 earmarked for rehabilitation to approximately 25 households in Capital Green, Cherry Street, and State College Road; $10,000 to be used for demolition assistance to five (5) eligible properties; and $40,000 to be utilized for administrative expenses. The motion was seconded bt Mr. VanSant and carried by a unanimous roll call vote.

Senior Citizen Property Discount Excemption

The City of Dover presently exempts the first $13,500 of assessment for senior citizens qualifying for the Senior Citizen Property Tax Exemption. In order to keep the exemption in proportion with the new property values, th City Assessor recommended that the senior citizen property discount exemption be increased in the amount of $2,000, to exempt the first $15,000 of assessment to qualifying senior citizens. Raising the exemption allowance and lowering the tax rate will create on offsetting effect so that the revenue loss should remain fairly stable.

The committee recommended that the senior citizen property discount exemptions be increased to exempt the first $15,500 of assessment for qualifying senior citizens.

Mr. Weyandt moved for approval of the recommendation of the committee, seconded by Mr. Christiansen and carried by a unanimous roll call vote.

Update and Review of Dover Parking Authority Proposals

The Dover Parking Authority presented an update and review of their progress to date and direction of their future goals. Proposals included the creation of a Benefit Tax District with a 40 percent tax credit to property owners within the benefit district, land acquisition, lessor’s tax , and the C-2 zoning in the downtown area.

The committee suggested that the Parking Authority continue working in their present direction, obtaining additional financial information and that the City Planner work with Urban Partners, the firm contracted to perform the downtown study, to prioritize their plans relative to the Parking Authority concerns. The Parking Authority will report back to the committee on their progress.

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

CORRESPONDENCE

Delaware Agricultural Museum - Electric Usage

A letter was received from Hope Z. Schladen, Director of the Delaware Agricultural Museum, seeking assistance in lowering of the electric billing for the Delaware Agricultural Museum. Ms. Schladen suggested the possibility of designing a special billing rate for non-profit organizations, such as museums, churches, schools , fire companies, service agencies, etc., feeling that the growth of organizations of this nature are essential to the well-being of the City. Although City staff has worked with Ms. Schladen in an attempt to control the Museum’s demand, they still find it difficult to pay such high utility bills when working with limited funds available to a non-profit organization. She requested that the City consider their suggestion to design lower billing rates for non-profit organizations.

Upon discussing the suggestion, Council acknowledged that such action would not be possible since the City’s Bond Covenants prohibit such a practice.

Mr. Weyandt moved that the City Manager be authorized to notify the Delware Agricultural Museum of the conditions under which the City must bill the electric usage. The motion was seconded by Mrs. Legates and unanimously carried.

George H. Chabbott - Request for Additional Workshops on Proposed Impact Fees as a Financing Alternative for Future Sewer Construction

In a letter to Mayor and Council, George H. Chabbott, Chairman of the Legislative Committee of the Board of Realtors, expressed dissatisfaction with Council’s action that directed the Soliitor to prepare draft documents on the requirement for impact fees to finance future sewer construction. He requested that Council take no action on this proposal until additional hearings or open workshops can be held to clearly delineate all aspects of the proposal.

Mr. Weyandt moved to refer the matter to the Utility Committee, seconded by Mr. Lynn and Unanimously carried.

Notice of Appeal on Sidewalk Assessment - David B. Harmon - 108 and 2 South Governors Avenue

David B. Harmon gave notice of his appeal for sidewalk assessments for a City project that involved sidewalk repairs at his properties located at 108 South Governors Avenue and 2 South Governors Avenue.

Mr. Weyandt moved that a sidewalk appeals hearing be set for February 22, 1988 at 7:30 p.m. to hear appeals from David B. Harmon for his properties located at 108 and 2 South Governors Avenue. The motion was seconded by Mr. Lynn and unanimously carried.

Mr. Weyandt moved to adjourn into executive session to discuss legal matters, seconded by Mr. VanSant and unanimously carried.

Meeting adjourned at 10:10 P.M.

                                                                                DEBRAH J. BITTNER

                                                                                CITY CLERK

All orders, ordinances and resolutions adopted by City Council during their meeting of January 11, 1988, are hereby approved.

                                                                                  CRAWFORD J. CARROLL

                                                                                   MAYOR