REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on April 22, 1985 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Tudor, Boaman, Bulley, Christiansen, Witt, Weyandt and Shevock.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
The City Clerk requested additional agenda items under correspondence concerning the Dover Little League - Opening Day, Councilman Christiansen - Meeting Procedures, Delaware Volunteer Firemen's Association - Outten Property, and Department of Community Affairs - Block Grant Funds.
The agenda was unanimously adopted as amended.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 8, 1985
The Minutes of the Regular Council Meeting of April 8, 1985 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Witt and bore the written approval of Mayor Carroll.
PROCLAMATION - PRIVATE PROPERTY WEEK
Mayor Carroll submitted the following Proclamation:
WHEREAS, because Americans enjoy more political and economic freedom than any other people on earth, this great nation is known the world over as the land of liberty; and
WHEREAS, of all the rights we have, one of the most precious is the right of each citizen to own, use or transfer real property as he or she sees fit, so long as the rights of others are not infringed upon; and
WHEREAS, above all, we must guard against taking for granted the rights that come with home ownership. Owning one's home and preserving these rights fosters democracy because it disperses individual decision-making that collectively affects the well-being of our community. This ownership requires that people save not only for their own homes; it encourages activity in other sectors of the economy, creating growth and contributing to a higher quality of life; and
WHEREAS, Realtors in Dover, as members of the Kent County Board of Realtors and the National Association of Realtors, are setting aside a week to celebrate our constitutional freedom to own real property.
NOW, THEREFORE, I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim April 28 - May 4, 1985 to be
PRIVATE PROPERTY WEEK
in the City of Dover and ask all the residents to join with the Kent County Board of Realtors and its members in setting aside this period to remind ourselves that we are a free people endowed with the right to own real property, and given the responsibility to protect that right.
PROCLAMATION - PROFESSIONAL SECRETARIES WEEK
Mayor Carroll submitted the following Proclamation:
WHEREAS, professional secretaries serve as the pivotal point for all office interaction;
WHEREAS, professional secretaries are the key to a successful organization; and
WHEREAS, employers’ bottom line is reflected in the professionalism and productivity of their secretaries;
NOW, THEREFORE, I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the week of April 21 through April 27, 1985, as
PROFESSIONAL SECRETARIES WEEK
and Wednesday, April 24, 1985 as
PROFESSIONAL SECRETARIES DAY
in the City of Dover and urge all citizens of the City of Dover to join Professional Secretaries International, originator and sponsor of these observances, in recognition of secretaries.
PUBLIC HEARING - ORDINANCE PERMITTING NON-CONFORMING USE - T. NOBLE JARRELL PROPERTY ON MCKEE ROAD
The City Clerk read into the record an ordinance that would permit Dr. T. Noble Jarrell to utilize his property on McKee Road for commercial purposes under a non-conforming use.
Mayor Carroll declared the hearing open.
Mr. Frank J. Ford of RD 5 Box 43 (McKee Road), owning the property adjacent to Dr. Jarrell’s property, advised Council that he has met with other property owners in the area who voted to thank the Mayor, the City Council, Mr. Roe and Solicitor Rodriguez for devising an ordinance that would permit use of Dr. Jarrell’s facility but also protect the neighboring residences. Mr. Ford also stated that the group unanimously approved the contents of the ordinance.
Mayor Carroll declared the hearing closed.
Questioned by members of Council, Mayor Carroll explained that the ordinance permitting a commercial use of Dr. Jarrell’s building would become null and void if Dr. Jarrell disposed of the property.
Mr. Weyandt moved for adoption of the ordinance, seconded by Mr. Bulley.
Mr. Witt moved to amend Section 4 of the ordinance to read as follows:
“..., Council hereby grants Dr. Jarrell the authority to improve and make a specific commercial use of the building subject to the prior approval of Council.”
Mr. Christiansen seconded the amendment.
Mr. Boaman inquired of the following: If Dr. Jarrell wanted to sell the property and the occupant or leasee wished to remain in the facility, could the occupant come before Council requesting to remain in the building with the same type of business.
City Solicitor Rodriguez agreed that this would be appropriate although the occupant would be required to come before Council for approval.
Mr. Witt's amendment to the main motion was unanimously carried by a roll call vote.
By unanimous roll call vote, the following ordinance was adopted as amended:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. T. Noble Jarrell has presented an application for rezoning of his property and building on Saulsbury Road, which was annexed into the City of Dover with the building erected thereon and immediately given the zoning classification of R-20 for rezoning of C-3 so that he can provide the building in an improved state to a commercial use.
2. Serious objections to a rezoning of the property to C-3 has been registered by adjoining property owners who do not object to the proposed use of the building but who do object to subsequent uses of the property that would be permitted by C-3 zoning.
3. Unles Dr. Jarrell is permitted to improve and use the building on the premises for commercial property and to a commercial use, he will be deprived of the use of his property.
4. In light of the unique and unusual circumstances of this particular case where the building had been erected prior to annexation, Council hereby grants Dr. Jarrell the authority to improve and make a specific commercial use of the building subject to the prior approval of Council. Dr. Jarrell shall submit plans and specifications for improvement of the building for Council and also of the proposed use of the building. No improvements or use of the building shall be made until approved by Council. In the future, no substantial alterations to the building and no different use of the property shall be permitted without prior approval of Council.
ADOPTED: APRIL 25, 1985
NOTE: This date was hand-changed in the Council Minutes book to read April 22, 1985.
PUBLIC HEARING - REZONING OF LAND ON EAST SIDE OF NEW BURTON ROAD/SOUTH QUEEN STREETMABLE S. GRIFFITH AND EUGENE & MARLENE AUEN
A public hearing was duly advertised for this time and place to consider rezoning land on the east side of New Burton Road/South Queen Street, owned by Mable S. Griffith and Eugene & Marlene Auen.
Mayor Carroll declared the hearing open.
Mr. Eugene Auen was present to answer any questions that Council may have to submit.
Mr. Weyandt pointed out that the Planning Commission unanimously recommended approval of the rezoning with the consideration that before any more property in the area owned by Mr. Auen and Mrs. Griffith is requested to be rezoned, the applicant shall submit a concept plan for the remainder of the land and show utilities to serve the additional land.
Mr. Weyandt asked if Mr. Auen was aware of these conditions and if he is willing to comply.
Mr. Auen stated that a conceptual plan for development of the remainder of his land is presently being prepared and that he very definitely approves of the considerations as outlined by the Planning Commission.
Mayor Carroll declared the hearing closed.
By motion of Mr. Weyandt, seconded by Mr. Witt, Council by unanimous roll call vote, 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
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-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 Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RG-1 to RG-0 on that property located on the east side of New Burton Road/S. Queen Street, owned by Mable S. Griffith and Eugene G. & Marlene G. Auen.
ADOPTED: APRIL 22, 1985
PUBLIC HEARING - REZONING OF 7.8583 ACRES NORTH OF RIVER ROAD BETWEEN LAND OF MAX AMBACH AND CENTRAL DIVISION DEPARTMENT OF HIGHWAYS
A public hearing was duly advertised for this time and place to consider rezoning 7.8583 acres of land located north of River Road between C-4 land of Max Ambach and Central Division Department of Highways.
Mayor Carroll declared the hearing open.
Mr. James McGinnis representing Mr. Max Ambach was present to answer any questions to be submitted by Council.
Mr. Witt noted that the land is presently zoned IO and the proposed zoning is C-4 and wondered if a specific purpose for the land is planned.
Mr. McGinnis stated that the land to be rezoned is surrounded by C-4 land and since River Road has been closed in this area, the site is not particularly conducive for office use.
By motion of Mr. Weyandt, seconded by Mr. Christiansen, Council by unanimous roll call vote, 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 NORTH OF RIVER ROAD BETWEEN C-4 LAND OF MAX AMBACH AND CENTRAL DIVISION DEPARTMENT OF HIGHWAYS, CONTAINING 7.8583 ACRES OF LAND.
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 IO to C-4.
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 IO to C-4 on that property located north of River Road between C-4 land of Max Ambach and Central Division Department of Highways containing 7.8583 acres, owned by Max and Rose Ambach and Edward Azrael, etal.
ADOPTED: APRIL 22, 1985
PUBLIC HEARING - REZONING - 589 N. DUPONT HIGHWAY - JAMES H. AND HAZEL M. SAPP
A public hearing was duly advertised for this time and place to consider rezoning 589 N. duPont Highway, owned by James H. and Hazel M. Sapp.
Mayor Carroll declared the hearing open.
Mr. Mike Foster, of Nate Cohen Realty, was present representing Mr. & Mrs. James Sapp.
Mayor Carroll declared the hearing closed.
By motion of Mr. Boaman, seconded by Mr. Bulley, Council by unanimous roll call vote (Mr. Witt abstaining), 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 AT 589 N. DUPONT HIGHWAY.
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 R-20 to C-4.
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 R-20 to C-4 on that property located at 589 N. duPont Highway, owned by James H. and Hazel M. Sapp.
ADOPTED: APRIL 22, 1985
PUBLIC HEARING - REZONING OF LAND LOCATED ON U.S. ROUTE #13, BOUNDED BY DELAWARE STATE COLLEGE ON THE SOUTH, AND JOSEPH A. WILSON ON THE NORTH, CONSISTING OF 7.3492 ACRES, OWNED BY JEFFERIC ENTERPRISES, INC.
A public hearing was duly advertised for this time and place to consider rezoning land located on U.S. Route #13, bounded on the south by Delaware State College, and on the north by lands of Joseph A. Wilson, consisting of 7.3492 acres.
Mayor Carroll declared the hearing open.
Mr. James McGinnis, representing the owners, was present to answer any questions submitted by Council.
Mayor Carroll declared the hearing closed.
By motion of Mr. Bulley, seconded by Mr. Weyandt, Council unanimously 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 U.S. ROUTE #13, BOUNDED BY DELAWARE STATE COLLEGE ON THE SOUTH, AND JOSEPH A. WILSON ON THE NORTH, CONSISTING OF 7.3492 ACRES.
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 RC to C-4.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: r
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 RC to C-4 on that property located on U.S. Route #13, bounded by Delaware State College on the south and Joseph A. Wilson on the north, consisting of 7.3492 acres, owned by Jefferic Enterprises, Inc.
ADOPTED: APRIL 22, 1985
PUBLIC HEARING - REZONING LAND ON U.S. ROUTE #13, BOUNDED ON THE SOUTH BY J.A. WILSON AND ON THE NORTH BY PARADEE GAS COMPANY, CONTAINING 13.7741 ACRES - JEFFERIC ENTERPRISES, INC.
A public hearing was duly advertised for this time and place to consider rezoning land located on U.S. Route #13, bounded on the south by J.A. Wilson and on the north by Paradee Gas Company, consisting of 13.7741 acres.
Mayor Carroll declared the hearing.
Mr. James McGinnis was present to answer any questions submitted by Council.
Mayor Carroll declared the hearing closed.
By motion of Mr. Bulley, seconded by Mr. Boaman, Council by unanimous roll call vote, 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 U.S. ROUTE #13, BOUNDED ON THE SOUTH BY J.A. WILSON AND ON THE NORTH BY PARADEE GAS COMPANY, CONTAINING 13.7741 ACRES.
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 RC to C-4.
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 RC to C-4 on that property located on U.S. Route #13, bounded on the south by J.A. Wilson and on the north by Paradee Gas Company, consisting of 13.7742 acres, owned by Jefferic Enterprises, Inc.
ADOPTED: APRIL 22, 1985
ELECTION RESULTS - APRIL 15, 1985 MUNICIPAL ELECTION
As certified by the appointed elections judges and clerks of the election, City Clerk Willis submitted the following election results:
Machine Votes Absentee Votes Total
First District
Ronald L. Harmon 740 6 746
Jack Richter 1,629 32 1,661
Second District
Michael J. Ambruso 1,265 20 1,285
William H. Daisey 1,114 17 1,131
Third District
Daniel Koch 958 13 971
Charles L. Witt 1,421 25 1,446
Fourth District
Tammy Brittingham 817 14 831
Robin Christiansen 13351 21 1,372
Reuben Salters 384 5 389
Total Votes, 2,624 (Total Registered Voters = 4,771)
By motion of Mr. Shevock, seconded by Mr. Bulley, Council unanimously approved the election results as submitted.
Mayor Carroll congratulated the successful candidates and noted the presence of the newly elected Councilman of the Second District, Michael J. Ambruso.
MONTHLY REPORTS - MARCH
Mr. Witt and Mr. Weyandt noted an item in the City Manager's Report concerning the replacement of boiler tubes in unit #3.
Mr. Bartolotta advised that analysis of the bottom four rows of boiler tubes in unit #3 indicate that they must be replaced before continued operation. Cost of the project is approximately $125,000.
By motion of Mr. Weyandt, seconded by Mr. Bulley, the following monthly reports were unanimously approved.
Chief of Police Report
Building Inspector and Fire Marshal Report
City Alderman Report
City Manager Report
J.P. Court #7 Report
General Fund, Cash Receipts Report
General Fund, Budget Report
Water/Sewer Fund, Revenue Report
Water/Sewer Fund, Budget Report
Inter-Governmental Service Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue Report
Electric Revenue Fund, Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
UTILITY COMMITTEE REPORT
The Utility Committee met on April 10, 1985 with Chairman Richter presiding.
Coal Conversion
Mr. Richter stated that coal conversion for McKee Run Power Plant was discussed extensively at the April 10th meeting with Mr. Rick Buff and Mr. Fong, representatives of Burns & Roe Consulting Firm, present.
The Utility Committee recommended that the City Manager be given authority to begin preparing engineering proposals for bidding the four major pieces of equipment related to coal conversion and also the necessary environmental permits.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Shevock.
Since the Utility Committee meeting of April 10th, Mr. Richter advised Council that word has been received that Vineland, New Jersey has voted to cancel their coal conversion project due to new higher capital costs, making the economical benefits unrealistic. Although this information may be disconcerting to members of Council, it was his opinion that the City of Dover should press forward with their proposal for coal conversion at McKee Run. He felt that the projections in Burns & Roe's study were made conservatively with the possibility of considerable benefits to the City.
The study indicates that coal conversion would be very beneficial to the environment and that noise and dust can be controlled to meet neighborhood standards. In addition, the study indicates a savings of $100,000,000 over the 15 year economic study life which can be returned to the owners of the plant, the taxpayers of Dover.
Mr. Richter stated that a vote in favor of the Utility Committee's recommendation is by no means a vote to proceed with coal conversion. It is simply a vote to proceed with the studies that we must have if the City is going to take advantage of the economic benefits as indicated in Burns & Roe's study results. Mr. Richter recognized sentiment among some members of Council for an additional independent study on coal conversion. However, he stated his support of the recommendation of the Utility Committee.
Mr. Christiansen indicated this his confidence in Burns & Roe has been shaken by the fact that the firm was released by Vineland, New Jersey, who experienced a considerable overrun in capital expenditures which was not indicated in Burns & Roe's study.
Mr. Tudor pointed out that the City Manager has received other proposals from reputable firms who are recommending various types of generation in opposition to Burns & Roe's study proposals to the City of Dover. He was adamant in his thinking that it would do no harm for the City to approve independent studies to further substantiate proposals as presented by Burns & Roe.
Mr. Boaman suggested that the floor be yielded to representatives of Burns & Roe present to afford them an opportunity to speak on some of the questions that have arisen during discussion.
There was no objection voiced by Council and Mr. Richard Buff of Burns & Roe stated his willingness to answer any and all questions that Council may have.
Mr. Tudor asked if there are not other methods in coal conversion that are just as good as the ones proposed in Burns & Roe's study.
Mr. Buff stated that if Mr. Tudor was referring to fluidized bed firing or coal water mixtures, it is the opinion of his company that this type of firing not be pursued. There are technologies developed for coal oil firing but this type of firing does not present the necessary economic benefits.
Questioned by Mr. Weyandt, Mr. Buff stated that Burns & Roe has converted six oil generating stations to coal. Four of these are in western Australia and two are in Korea. Several other conversions are either in the planning stage or in the process of being converted; three being with Tuscon Electric.
Mr. Bulley questioned the depth of Burns & Roe's study in considering the condition of McKee Run's overall condition, noting that it is an older plant with old equipment.
Mr. Buff stated that Burns & Roe's scope of work did not include a complete look at the entire McKee Run facility as far as looking at each piece of equipment. They did look at the history of the boiler and the turbine and the operation and maintenance records.
Conversion of the boiler should include some type of guarantees from the manufacturer after conversion.
Burns & Roe views maintenance on other equipment as expenses to the City whether or not the conversion takes place.
Regardless of the time lost, Mr. Witt asked Mr. Buff what would be wrong with the City engaging an independent consultant to further review coal conversion of McKee Run.
Mr. Buff stated that personally he did not think that the City's money needs to be spent since Burns & Roe is very comfortable with their recommendation. He advised that he personally took a two week assignment relating to the City of Dover's coal conversion and after thoroughly reviewing the contents of their study, he would not recommend an additional study by an independent consultant.
Mr. Weyandt stated that he was convinced of the technology that can produce electricity cheaper by burning coal but he did not agree to coal conversion at the City's present plant location due to the possible environmental impact to adjacent residential areas. He cited the Indian River Power Plant who experiences environmental pollution and was also concerned with the overall maintenance problems with unit #3. Mr. Weyandt was also concerned with the increased maintenance and labor costs that will be involved in coal conversion at McKee Run, referring to data furnished by Burns & Roe.
Mr. Richter stated his concern that Council would not approve coal conversion for McKee Run because some members are not fully satisfied with results of the Burns & Roe study. Since discussion indicated a preference for a second opinion, Mr. Richter advised that he and the City Manager have compiled a proposal for Council that was completed during the late morning hours of April 22, 1985. The proposal suggested that two independent consultants be commissioned to perform a total technical and economic review of the Burns & Roe study. The review will include a technical analysis of unit #3 which will include rating after conversion, capital costs to convert, useful life expectancy and time necessary to convert. He felt this might satisfy some of the doubts that Council members have concerning the maintenance history of unit #3. In addition, a technical assessment of coal water slury and atmospheric fluidized bed firing will be conducted along with environmental impact analysis of fuel operation and maintenance and capital costs.
Mr. Weyandt moved to table the matter of proceeding with Burns & Roe's study proposal to afford members of Council necessary time to review Mr. Richter's suggestion that a second opinion be acquired. The motion was seconded by Mr. Christiansen and unanimously carried.
Horsepond Road Annexation Request - Clyde Hinebaugh
In consideration of a request for annexation by Mr. Clyde Hinebaugh who owns 2.12 acres of land on Horsepond Road, the committee recommended that the City Manager contact all property owners that front on Horsepond Road to obtain their opinion on annexation for a report back to the committee.
Street Abandonment - East Lake Gardens - Peter Kirch
A letter from Mr. Peter Kirch of East Lake Gardens requested that 127' of the western end of Garden Lane be abandoned. Mr. Kirch advised that he would assume all responsibility for the maintenance of the street and would agree to easement rights for this street to be utilized by the City of Dover for access to power lines and a fire hydrant.
The committee recommended that a public hearing be held for the abandonment of 127' of the western end of Garden Lane with the City retaining easement rights and that a perpetual vehicular easement to lot #57 be written in Mr. Kirch's deed.
Mr. Richter moved for the recommendation of the committee, setting a public hearing for May 27, 1985 at 7:30 p.m. The motion was seconded by Mr. Weyandt and Council, by unanimous roll call vote, adopted the following resolution:
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A CERTAIN STREET SITUATED IN EAST LAKE GARDENS.
Be It Resolved By The Council of The City of Dover:
Section 1. The Council of the City of Dover favors the vacating and abandonment of the following street laid out upon a plot of East Lake Gardens, described as follows:
ALL that certain parcel of a public street running east and west, bounded on the south by lands of Peter and Margaret Kirch, and a 15 foot public alley to be conveyed, on the west by lands of Peter and Margaret Kirch, on the north by lands of Franklin Everett, and on the east by Garden Lane; being 41.5 feet wide and approximately 127 feet in length, comprising 5270.5 feet, more or less.
Section 2. The Council of The City of Dover will sit on Monday, May 27, 1985, at 7:30 p.m. at City Hall to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of The City of Dover (Chapter 158, Volume 36, Laws of Delaware).
Section 3. The Clerk of Council is hereby directed to post copies of this resolution in five or more public places in the City of Dover and to publish the same in a newspaper published in the said City.
ADOPTED: APRIL 22, 1985
Abandonment of 15' Alley Between Lots #45, #46, #47 & #48 and LOTS #57 & #58 in East Lake Gardens
A petition was received from property owners of the above mentioned lots requesting that a 15' alley located between lots #45, #46, #47 & #48 on the east and lots #57 and #58 on the west, in East Lake Gardens, be abandoned and the alley right-of-way be divided proportionately between adjacent property owners.
In accordance with the recommendation of staff, the Utility Committee recommended approval of the abandonment and a public hearing be set.
Mr. Richter moved for approval of the Utility Committee's recommendation, setting a public hearing for May 27, 1985 at 7:30 p.m. The motion was seconded by Mr. Weyandt and Council unanimously adopted the following resolution:
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A CERTAIN ALLEY SITUATED IN EAST LAKE GARDENS.
Be It Resolved By The Council of The City of Dover:
Section 1. The Council of the City of Dover favors the vacating and abandonment of the following alley laid out upon a plot of East Lake Gardens, as described below:
ALL that certain parcel of a public alley running north to south, bounded on the south by Silver Lake Boulevard, on the east by the lands of Peter and Margaret Kirch, Leon and Sarah Prescott and Marilyn B. Vincent; on the west by lands of Peter and Margaret Kirch and George and Lucy Durney; on the north by Garden Lane; being 15' wide and approximately 206.80' in length; comprising 3102.00 square feet, more or less.
Section 2. The Council of the City of Dover will sit on Monday, May 27, 1985 at 7:30 p.m. at City Hall to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158, Volume 36, Laws of Delaware).
Section 3. The Clerk of Council is hereby directed to post copies of this resolution in five or more public places in the City of Dover and to publish the same in a newspaper published in the said City.
ADOPTED: APRIL 22, 1985
Ordinance - Setting of Front Foot Cost - Route #8 Sewer Line Assessment
Mr. Richter advised that the Route #8 sewer line project from Mifflin Road to Kenton Road has been completed and staff recommends a front foot cost of $6.60 per front foot. Only two parcels of land are involved in the assessment. Since Hampton Square Subdivision -cieveloper,assumed 82% of the project, it is necessary for Council to adopt an ordinance setting forth the front foot charge to the property owner and method of payment.
Mr. Bartolotta advised that a public hearing would not be necessary unless the lone property owner involved in the assessment appeals the front foot charge.
By motion of Mr. Richter, seconded by Mr. Bulley, Council by unanimous roll call vote, adopted the following ordinance:
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF THE INSTALLATION OF A SEWER MAIN FROM KENTON ROAD TO MIFFLIN ROAD, KNOWN AS PROJECT #84-02.
WHEREAS, the Council is authorized to install sewer mains in the City, and by ordinance, to provide for the levy and collection of assessments against property owners whose land adjoins said installation, and
WHEREAS, the Council has caused to be installed sewer mains from Kenton Road to Mifflin Road, and
WHEREAS, this Ordinance is enacted pursuant to the Charter of the City of Dover, Section 28 (c) to levy and collect the assessment against property owners whose land adjoins said installations to cover the cost thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. An assessment shall be, and hereby is, levied against all property owners whose property adjoins the installation of said sewer mains at the rate of $6.60 per front foot adjoining the said sewer main. Frontage assessment shall be in accordance with existing City Policy on Assessment of Sewer Line Extension Costs. (Referenced on page 43 of the 1985-1990 Capital Improvements Plan.)
2. These assessments shall be liens against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. These assessments shall be paid in full within one year from date of enactment of the assessments and levies, or these assessments may be paid within a ten-year period from the date of enactment of the assessments and levies including interest which shall be at the rate of 10% per annum on the unpaid balance of each assessment. The assessments plus accrued interest to the date of payment may be paid in full at any time during the ten year period. If the assessments are paid in full within one year from date of enactment of the assessments and levies, then all interest charges shall be waived and only the original amount of each assessment shall be paid.