REGULAR COUNCIL MEETING

The Regular Meeting of Council was held on January 14, 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 Dr. Columbus Ricks in the absence of Council Chaplain, Rev. J.H. Williams.

Agenda Additions/Deletions

The City Clerk requested an additional agenda item under correspondence to discuss a letter from Mr. David C. White concerning a sewer lateral repair in City right-of-way. Mr. Richter agreed that this would be discussed with a related matter under the Utility Committee Report.

Mr. Bartolotta requested an additional agenda item concerning the Capital Improvement Plan that should be referred to all three standing committees for review.

MANTER, LAFFERTY AND MITTEN - ANNUAL AUDIT REPORT - FISCAL YEAR 1983-84

Mr. Boaman moved for acceptance of the Annual Comprehensive audit report as submitted by Manter, Lafferty and Mitten, seconded by Mr. Shevock and carried by a unanimous roll call vote.

APPOINTMENT - CITY OF DOVER AUDITORS - FISCAL YEAR 1984-85

Mr. Boaman moved for the appointment of Manter, Lafferty and Mitten to perform the 1984-85 fiscal year audit. The motion was seconded by Mr. Shevock.

Mr. Weyandt suggested that the 1984-85 fiscal year audit be submitted for bids.

Mr. Witt moved to amend the motion, directing the City Manager and Finance Director to submit bid proposals to all available firms for the City's 1984-85 fiscal year audit. The amendment was seconded by Mr. Richter.

Mr. Boaman disagreed with the amendment, stating that the firm of Manter, Lafferty and Mitten is familiar with the City of Dover enterprise funds and system of governmental accounting. To submit the audit for bids would be risking the accountability of the audit report.

Mr. Boaman moved to table the matter, seconded by Mr. Shevock. The motion was defeated by a vote of four (4) yes, four (4) no.

Mr. Witt withdrew his amendment to the main motion which directed that the City Manager and Finance Director submit a bid proposal to available firms to perform the 1984-85 fiscal audit as did Mr. Richter his second.

Mr. Witt moved to amend the main motion, appointing the firm of Manter, Lafferty and Mitten as auditors, stipulating that the action of submitting audit bid proposals be referred to the Legislative and Finance Committee for study. The motion was seconded by Mr. Richter.

Mr. Shevock voiced an opinion that switching auditors at this time might be detrimental to the City and could involve only a small savings in fees.

Mr. Richter called for the question on the amended motion.

By a roll call vote of five (5) yes, three (3) no (Mr. Boaman, Mr. Bulley, and Mr. Shevock), the amended motion was carried.

PROCLAMATION - MARTIN LUTHER KING, JR. WEEK

Mayor Carroll submitted the following Proclamation:

WHEREAS, one special individual named Martin Luther King, Jr. , born on January 15, 1929, grew in faith, and experience and wisdom, and came to symbolize an entire movement for freedom and liberty;

WHEREAS, the Rev. Dr. Martin Luther King, Jr. , a man of learning and talent, spoke for the most erudite and the most humble of persons, and made the quest for equality one of the most noteworthy triumphs of the past century; and

WHEREAS, in accepting the Nobel Prize for Peace in 1964, Dr. King noted that "nonviolence is the answer to the crucial political and moral questions of our time, the need for man to overcome oppression and violence without resorting to oppression and violence"; and

WHEREAS, citizens of this nation, and citizens around the world, still mourn this valiant leader who was senselessly slain in Memphis, Tennessee, on April 4, 1968, in the prime of his life; and

WHEREAS, in the 132nd General Assembly under the Governorship of Pierre duPont, January 15th, became a legal holiday in the State of Delaware.

NOW, THEREFORE, I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, DO HEREBY DECLARE THE WEEK OF JANUARY 13-19, 1985 AS

DR. MARTIN LUTHER KING, JR., WEEK

in the City of Dover, Delaware, and urge that all residents of this City pay honor and tribute to the memory of this great American patriot by trying to live up to the standards of non- violence, faith, and honor which he established by his very life.

Ms. Marion Penn was present to accept the Proclamation, which contained the embossed Seal of the City of Dover.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 10, 1984

Mr. Richter referred to page 7 of the Minutes, under the heading of "Old Age Exemption Property Tax" and moved to amend the minutes to reflect that State Code pre-empts any change in the property tax exemption and income limit for old age exemptions. The minutes reflected a possible increase in property tax exemption from $5,000 to $13,500 of assessed value and an income limit of $7,000 individually and $12,000 combined. This was to be initiated pending a review of the State Code by the City Solicitor. The motion was seconded by Mr. Weyandt and unanimously carried.

By motion of Mr. Witt, seconded by Mr. Christiansen, the Regular Council Meeting Minutes of December 10, 1984 were unanimously approved as amended and bore the written approval of Mayor Carroll.

PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON THE SOUTHEAST CORNER OF SAULSBURY ROAD AND WALKER ROAD - OAKWOOD PROPERTIES, INC. (c/o PETE BROCKSTEDT)

A public hearing was duly advertised for this time and place to consider rezoning property located on the southeast corner of Saulsbury Road and Walker Road, owned by Oakwood Properties, Inc.

Mayor Carroll declared the hearing open.

There was no one present to speak for or against the rezoning and no correspondence.

The Planning Commission unanimously recommended approval of the zoning request.

Mayor Carroll declared the hearing closed.

By motion of Mr. Boaman, seconded by Mr. Shevock, 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 THE SOUTHEAST CORNER OF SAULSBURY ROAD AND WALKER ROAD.

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-3 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-3 to RG-0 on that property located on the southeast corner of Saulsbury Road and Walker Road, owned by Oakwood Properties, Inc.

ADOPTED:    JANUARY 14, 1985

MONTHLY REPORTS - NOVEMBER

Questioned by Mr. Weyandt, Mr. Bartolotta advised that specifications have been drawn and will be sent to various roofing contractors to initiate necessary repairs to the City Warehouse roof.

Mr. Richter reflected that approval of the City Library expansion did not include a basement under the expanded portion. He asked if the basement would be considered in the specifications for the expansion.

Mr. Bartolotta stated that the plans and specifications will include an alternate bid that will include the basement. Foundation funds are being sought as a means to include the basement.

By motion of Mr. Christiansen, seconded by Mr. Bulley, Council unanimously approved the following monthly reports for November:

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

SAFETY ADVISORY COMMITTEE REPORT

The Safety Advisory Committee met on January 7, 1985 at 3:15 p.m. with Chairman Witt presiding.

Parking Permits - Parking Study - South Bradford Street, South State Street, Vicinity of Kent General Hospital

Mr. Witt advised Council that a complete study of areas around the hospital has been conducted by the Police Department concerning on-street parking and the issuance of parking permits for residents.

After considerable discussion by the committee, it was recommended that two hour parking be initiated on S. State Street, east and west sides from Pine Street to Hope Street, on Hope Street from State Street to Governors Avenue, and on South Street from State Street to Governors Avenue. The two hour parking would be effective from 6:00 a.m. to 8:00 p.m. Monday through Friday.

Mr. Witt moved for the recommendation of the committee, seconded by Mr. Weyandt.

It was Mr. Boaman's opinion that two hour parking as recommended would solve the problem of hospital employee on-street parking but would not assist residents on S. Bradford Street who do not have adequate off-street parking.

Mr. Christiansen pointed out that police department staff did not recommend parking stickers for residents and alluded to the fact that only one resident on S. Bradford Street came before the committee to request permit parking. The majority of residents on S. State Street and S. Bradford Street favored two hour parking.

Mr. Weyandt called for the question.

By a roll call vote of six (6) yes, two (2) no (Mr. Boaman and Mr. Shevock), the recommendation of the committee was approved.

The committee also recommended that a loading and unloading zone, from 9:00 a.m. to 3:00 p.m., be established along the perimeter of Schaefer Lincoln Mercury on Hope Street.

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

Right Turn on Red - Walker Road and Pear Street

After receiving a recommendation from the Chief of Police, the committee recommended that the intersection of Walker Road and Pear Street be posted "No Right Turn on Red" at all locations and that a letter be written to Mr. Ray Pusey of the Highway Department requesting that the intersection be signed as designated by the Committee.

Mr. Witt moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.

Truck Traffic - N. Edgehill Avenue

A letter from Mr. Leonard Taylor of 35 N. Edgehill Avenue requested a sign to prohibit heavy trucks from using the street. Trucks utilize N. Edgehill Avenue after stopping at the Hollywood Diner, using the street as an exit rather than re-entering Route #13.

Noting that the committee took no action on the matter, Mr. Tudor stated that Council could regulate the type of traffic on that portion of Edgehill Avenue and suggested that the request be referred back to committee for further study.

Mr. Witt moved for approval of the Safety Advisory Committee Report as submitted, seconded by Mr. Weyandt and unanimously carried.

PARKS AND RECREATION COMMITTEE REPORT

The Parks and Recreation Committee met on January 7, 1985 at 3:00 p.m. with Chairman Witt presiding.

American Elm Tree - The Green

Mr. Witt advised that an American elm tree on The Green, for which Council had appropriated $800 to attempt preservation by a professional tree company, has been inspected by City staff and the professionals and found not worthy of further consideration. The tree in question has two remaining limbs, one posing a danger to State Street.

The committee recommended approval of removal of the tree and replacement of a mature tree in the same location.

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

Mr. Witt moved for approval of the Parks and Recreation Committee Report as submitted, seconded by Mr. Christiansen and unanimously carried.

UTILITY COMMITTEE REPORT - DECEMBER 12, 1984 - JANUARY 9, 1985

The Utility Committee met on December 12, 1984 at 7:30 p.m. and on January 9, 1985 at 4:00 p.m. with Chairman Richter presiding. (It is noted that Mr. Richter's oral report encompassed the subject matter in both reports since a majority of the items contained in the reports were related.)

Repairs to Sewer Lateral in City Right-of-Way - Michael Adkins - 576 Westwood Drive and David C. White - 944 Boggs Drive

Mr. Richter advised that the Utility Committee considered a request from Michael and Delores Adkins of 576 Westwood Drive and Mr. David C. White of 944 Boggs Drive that the City reconsider billings received for sewer lateral repair in City right-of-way.

Council, by action of September 1984, amended the sewer ordinance which provides that the City is responsible for repairs to sewer laterals in City right-of-way. However, it was stipulated that any related bills for work performed by the City prior to the ordinance amendment would be billed to the property owner.

Mr. Adkins contended that the City realized that their sewer lateral policy was not consistent with the water lateral policy and as far back as June 1984, had discussed a proposal to review the City's policy for repairing sewer laterals in public rightof-way.

Mr. Christiansen requested that Council also consider a bill to Mr. John LeCompte of 1110 E. Division Street that dates back to September 1983.

Mr. Richter pointed out that Mr. Bartolotta's report to Council indicates six property owners were billed for sewer lateral repairs in City right-of-way between September 1983 and September 1984 when the amendment to the sewer ordinance was approved.

Mr. LeCompte's bill was adjusted from $505.06 to $252.53. Mr. Wallace McFaul's bill was adjusted from $1,633.90 to $434.67.

Mr. Witt stated his opinion that Council should not consider any bills prior to fiscal year 1983/84 since the City's accounts for that period have been closed out.

Mr. Shevock felt that Council, in prior action, stipulated that no bills concerning repairs to sewer laterals in City right-of-way would be considered if the repairs were performed before the official amendment of the sewer ordinance.

Mr. Shevock moved that property owners receiving repairs to sewer laterals prior to adoption of the sewer ordinance amendment will be responsible for any charges levied by the City and will not be considered retroactively. The motion was seconded by Mr. Richter.

Lacking a recommendation from the Utility Committee, Mr. Boaman moved to amend the motion and refer the request of David C. White of 944 Boggs Drive and Delores Adkins of 576 Westwood Drive back to the Utility Committee for additional consideration. The motion was seconded by Mr. Witt.

Mayor Carroll declared the amendment to the main motion out of order since it was not germane to the main motion.

A vote on the main motion that would grant no consideration of billings for repairs to sewer laterals in public right-of-ways prior to adoption of the ordinance was defeated.

Mr. Boaman moved that the request to reconsider the billings and Mr. David C. White of 944 Boggs Drive and Delores and Michael Adkins of 576 Westwood Drive be referred to the Utility Committee for further consideration, seconded by Mr. Bulley and carried by a vote of six (6) yes, two (2) no (Mr. Shevock and Mr. Richter).

Electric Cost of Service Study - Rate Classifications

Mr. Richter advised Council that the first consideration of the electric cost of service rate classification study was considered during the Utility Committee meeting of December 12, 1984 with the consulting firm of Downes Associates present. The study, as presented by Downes Associates, indicated that no great imbalance exists in the City of Dover rate classifications. However, Downes Associates' calculations recommended that the transmission classification such as Dover Air Force Base, General Foods, and Scott Paper, be reduced .59%; the primary classification such as Playtex, State of Delaware, etc., be increased 4.33%. The municipal classification that incorporates billings such as the City's responsibility of street lights, traffic lights, sewage and water pumps, etc. was recommended for an increase of 12.37%. The commercial accounts that incorporates all small businesses such as filling stations, restaurants, and general merchants were recommended for a 6.94% decrease. The residential classification indicated a necessity for a 10.16% increase. It is noted that the study was based on the principal that each classification of electrical accounts should support each individual classification cost of production. Using an index of 100%, the cost of producing energy for each classification should match perfectly with the revenues received.

Mr. Richter advised Council that the next step in the rate study process would be to conduct a comprehensive rate structure analysis which would review declining block rates, demand charges, seasonal rate variations, and specific energy and customer charges.

After further discussion during the January 9, 1985 Utility Committee Meeting, the committee recommended the rate classification adjustments as presented by the consulting firm of Downes Associates.

Mr. Richter moved to approve the rate classification adjustments as presented and recommended by the Utility Committee, seconded by Mr. Bulley. (It is noted that Mr. Richter's motion was for the purpose of discussion only.)

Mr. Witt quoted a provision of Section 705 of the Electric Revenue Refunding Bond Covenants which states "The City further covenants that before employing any engineer or engineering firm or corporation as Engineering Consultants under this Resolution, other than the Engineering Consultants who are now employed by the City, it will secure the written approval of the Trustee of such employment and will mail notice of such proposed employment to the principal underwriters at least ten (10) days before such employment."

Mr. Witt contended that the employment of Downes Associates Consultants by the City of Dover is in violation of the Bond Covenants.

It was Mr. Witt's opinion that an adjustment in the rate classifications that would increase residential rates and decrease commercial rates would put an additional burden on the businesses of the City since the bill for electric at his business is deductible and his residential bill is not a deductible item. In addition, he felt that an increase in residential rates would result in a burden to the elderly and poor.

On a call for the question, the motion to adjust the various electric rate classifications as outlined in Downes Associates' report was defeated by a roll call vote of seven (7) no, one (1) yes (Mr. Shevock).

Grant Application - Department of Energy to Study District Heating and Cooling Feasibility - (Burns and Roe)

Mr. Richter reported that the committee met with representatives of Burns and Roe, Consulting Engineers, to discuss a grant application available from the Department of Energy to study district heating and cooling which would be a by-product from McKee Run Power Plant. The committee directed the City Manager to submit the application since the filing deadline is December 21st. A time period of two to three months will be involved before the City will know if the grant is awarded. Mr. Richter advised that Council, at that time, may make a decision to accept or reject the grant.

Electric Service Manual

Mr. Richter reported that the Electric Service Manual, to be utilized by electrical contractors, has been completed after a thorough review by the committee, the City Manager, and staff, who held several meetings with the contractors.

An ordinance was prepared by the City Solicitor and Mr. Richter moved for its adoption. The motion was seconded by Mr. Bulley and by unanimous roll call vote, Council adopted the following ordinance:

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

The Dover City Code is hereby amended as follows: Chapter 22, Article II, Sections 22-16 through 22-38 are hereby repealed.

In lieu thereof the following is hereby inserted:

ARTICLE II SECTION 22-16

The City of Dover Municipal Electric Department's Service Handbook is hereby incorporated by reference into the laws of the City of Dover. A copy of the aforesaid handbook shall be filed in the City Clerk's office and available to the public for inspection.

ADOPTED:    JANUARY 14, 985

Mr. Richter advised that a committee has been formed to work closely with electrical contractors on any changes that might be necessary in the provision of the handbook.

General Television, Inc. - Request for Rate Increase

Mr. Richter stated that the City of Dover, in July 1984, approved a rate increase for General Television's base rate from $7.22 to $7.95 per month. At that time, it was agreed that the City would reconsider the rate increase after a decision was made by the Public Service Commission. The committee at that time felt that the Public Service Commission would have qualified experts to examine General Television's application to determine if the company is receiving a fair rate of return on their investment. Although the City did not commit themselves to any future increase, it was agreed that further review of the rate would be initiated after the Public Service Commission handed down their decisions

The Public Service Commission granted a rate increase on the base rate of $8.80 per month, in accordance with federal regulations that state cable television will be de-regulated over the next two years and in the interim cable television companies can levy an automatic 5% increase each year. General Television notified the PSC and the City of Dover that they would exercise the automatic 5% increase after the rate increase is granted.

The City Solicitor has submitted an opinion that General Television cannot levy an automatic 5% increase on the base rate in the City of Dover due to provisions of the City's Franchise Agreement with General Television. Mr. Rodriguez advised Council that Nimlo now has this matter under review and will notify his office when a final opinion is reached.

Noting that General Television has submitted a request for an increase on the base rate to $8.80, Mr. Richter stated that the Utility Committee recommended a base rate increase to $8.37.

For the purpose of discussion, Mr. Richter moved for the recommendation of the Utility Committee, seconded by Mr. Bulley.

It was Mr. Richter's personal opinion that the City should grant the full rate increase of $8.80, feeling that private enterprise deserves a fair rate of return on their investment. In addition, the federal government has announced its intention of deregulating cable television rates. Questioned by Mr. Shevock, Mr. Richter stated that the committee based their recommendation for an increase to General Television on a decision by cable television rate professionals that were hired by the PSC. These professionals recommended a rate increase based on financial information acquired from General Television's financial data.

Based on the rate setting methodology as contained in the Public Service Commission's docket, it was Mr. Boaman's opinion that the market should dictate the rates of non-essential services such as cable television.

Mr. Weyandt called for the question on the motion to grant General Television a rate increase from $7.94 per month to $8.37 per month.

By a roll call vote of five (5) no, three (3) yes (Mr. Tudor, Mr. Bulley, and Mr. Witt), the motion was defeated.

Mr. Richter moved that a base rate amount of $8.80 per month be granted to General Television, Inc. The motion was seconded by Mr. Boaman and defeated by a roll call vote of six (6) no, two (2) yes (Mr. Richter and Mr. Boaman).

Mr. Richter explained that cable companies have other charges such as FM stereo cable connections and each additional television connection that are de-regulated. However, initial installation of aerial or underground cable has not been de-regulated.

General Television has submitted a request to increase their initial cable installation from $20 to $30 for aerial cable and $40 for underground installations.

The Utility Committee recommended approval of the increase.

Mr. Richter moved for the recommendation of the committee, seconded by Mr. Witt and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Christiansen).

69KV Transmission Line Routing

Mr. Richter advised that staff has submitted a re-alignment of the proposed 69KV transmission line loop which was approved by the Utility Committee. The line will begin at the Horsepond Road Substation, down the South Little Creek Road following the perimeters of Fox Road and then the North Little Creek Road and Acorn Lane, continuing through lands owned by the Maloney Estate, David Harmon, Fred Ryder, then turning west along lands owned by Jeffric Enterprises. The line would then follow the perimeters of the Whiteoak Tax Ditch, turn west and then north along the Dover Leipsic Road to Dover Downs and lands owned by the Dover Mall, then west to U.S. Route #13 north along U.S. Route #13 and west to the Frazier Substation. A variation in the route will be accomplished through negotiations with Dover Downs which will re-route the line around property owned by the Dover Mall.

Mr. Richter moved for approval of the 69KV transmission line route, seconded by Mr. Christiansen and carried by a unanimous roll call vote.

Street Dedication - Pine Grove Farms South - Bennington Street - Woodstock Court

Mr. Richter stated that the Utility Committee was advised by staff that the developer of Pine Grove Farms South has fulfilled his commitment to construct Bennington Street and Woodstock Court in accordance with City standards. A list of repairs submitted to the developer by staff have been completed.

The Utility Committee recommended approval of the dedications.

Mr. Richter moved for approval of the committee's recommendation, seconded by Mr. Shevock.

Mr. Weyandt reported a personal inspection of Bennington Street and Woodstock Court and in his opinion the streets should not be accepted for dedication until further corrections to the surface have been accomplished.

The City Manager advised Council that one problem with the streets under consideration is that they were constructed seven (7) years ago. At that time, street dedications were processed in a different manner than they are today. The City now has a policy that certificates of occupancy for housing would not be issued until the streets and all utilities comply with City standards.

In the case of Bennington Street and Woodstock Court the houses are presently occupied and the City really lacks any particular leverage to force further improvements to the streets.

The City cannot maintain the streets until such time that they are dedicated.

By a roll call vote of seven yes, one (1) no (Mr. Weyandt), Bennington Street and Woodstock Court in Pine Grove Farms South were approved as dedicated streets.

Ground Water Development Study - Progress Report

The committee was addressed by Mr. John Allingham of BCM Potomac, Inc. who briefed the progress to date on the groundwater development study, aimed at developing a source of approximately five million gallons of potable water from shallow unconfined aquifers. Observation wells revealed a 6' layer of clay and it was the company's opinion at that time that the well should be drilled below the clay level to initiate a production well. Tests revealed that the best supply of water is above the clay level. In addition to the 100' well, the company recommended that an additional 60' production well be drilled above the clay. This would give the City a 100' and a 60' well, which over a period of years would save pumping costs. The cost of the additional 60' well would amount to $22,500.

Based on information presented by Mr. Allingham, the committee recommended approval of the 60' production well at a cost of $22,500.

Mr. Richter moved for the recommendation of the committee, seconded by Mr. Bulley and carried by a unanimous roll call vote.

Alley Abandonment - G.E.N. Associates - North and Queen Streets

The committee considered a request from Mr. Richard L. Engle in behalf of G.E.N. Associates to abandon an alley located in the City block bounded by Queen Street, North Street and New Street. Adjacent lands are owned by G.E.N. Associates, Mr. Ralph J. Dobson and Mr. Robert Reed.

There are no utilities in the alley and the City Planner submitted his approval since the alley has not been improved nor has it been utilized.

The City Assessor estimated the value of the land at $1.75 per square foot or a total value of $4,240 for approximately 2,423 square feet.

As per the committee recommendation, Mr. Richter moved for abandonment of the alley and that a public hearing be held on March 11, 1985 at 7:30 p.m. The motion was seconded by Mr. Boaman and Council unanimously adopted the following resolution:

A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF CERTAIN ALLEYS SITUATED IN THE CITY OF DOVER.

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 alleys:

Alley #1

All that parcel of a public alley running east to west, bounded on the south by lands of Ralph Dobson, Robert Reed, Richard Engle, and a 12' public alley, on the west by lands of G.E.N. Associates, on the north by lands of Morris Gross, and on the east by a 12' public alley; being 12' in width and 113.89' in length, comprising approximately 1366.68 square feet.

Alley #2

All that parcel of a public alley running north to south, bounded on the south by North Street, on the west by lands of G.E.N. Associates, on the north by a 12' wide alley, and on the last by lands of Richard L. Engle; being 12' wide and 88' in length, comprising approximately 1056 square feet.

Total 2422.68 square feet.

Section 2. The Council of The City of Dover will sit on Monday, 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:    JANUARY 14, 1985

Coal Conversion - Workshop

Mr. Richter stated the desire of the City Manager to hold a half-day workshop with a team from the consulting firm that has been studying coal conversion for McKee Run Power Plant.

Council set Thursday, January 31st at 1:30 p.m. as the day for the workshop.

Mr. Weyandt moved for acceptance of the December 12, 1984 and January 9, 1985 Utility Committee Reports. The motion was seconded by Mr. Bulley and unanimously carried.

PROPOSED ORDINANCE - POLITICAL CAMPAIGN SIGNS

Mr. Richter noted that an ordinance has been devised to restrict the display of political campaign signs in residential areas and on state, federal and city properties, and daylight corners.

Prior to amending the Zoning Map or Zoning Ordinance text, a public hearing is required.

By motion of Mr. Boaman, seconded by Mr. Shevock, Council unanimously adopted the following resolution:

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

WHEREAS, a proposed amendment to the Zoning Ordinance will be considered pursuant to the provisions of Del. C Section 305, et. seq. by adding to Article 5, Section 4.

WHEREAS, it is necessary to hold a public hearing prior to amending the 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 March 11, 1985 at 7:30 p.m. on a proposed amendment to the Zoning Text that would provide for the size, number, placement and locations of political campaign signs in the City of Dover.

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

ADOPTED:    January 14, 1985

REZONING REQUEST - PROPERTY LOCATED ON THE NORTHEAST CORNER OF ROUTE #113 AND LAFFERTY LANE - SUN REFINING AND MARKETING COMPANY

A request was received to rezone property located on the northeast corner of Route #113 and Lafferty Lane, owned by Sun Refining and Marketing Company.

Prior to amending the Zoning Map and Zoning Ordinance of the City of Dover, a public hearing is required.

By motion of Mr. Witt, seconded by Mr. Weyandt, Council unanimously adopted the following resolution:

The following article is to appear in the Delaware State News, Legal Ad Section, as soon as possible.

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 northeast corner of Route #113 and Lafferty Lane are presently zoned for R-20 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 February 25, 1985 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to C-4 that property located on the northeast corner of Route #113 and Lafferty Lane, owned by Sun Refining and Marketing.

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

ADOPTED:    JANUARY 14, 1985

REZONING REQUEST - 446 SOUTH NEW STREET (LOTS #3, #4, #5 & #6) - ANDREW M. AND MARSHA R. BERMAN

A request was received to rezone property located at 446 S. New Street, lots #3, #4, #5 and #6, owned by Andrew M. and Marsha R. Berman.

Prior to amending the Zoning Map or Zoning Ordinance of the City, a public hearing is required.

By motion of Mr. Witt, seconded by Mr. Weyandt, Council unanimously 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 446 S. New Street are presently zoned for RG-1 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 February 25, 1985 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to C-lA that property located at 446 S. New Street, owned by Andrew M. & Marsha Berman.

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

ADOPTED:    JANUARY 14, 1985

REZONING REQUEST - PROPERTY LOCATED ON SOUTH STATE STREET AND U.S. ROUTE #13 - LUTHER D. SHANK, III, LUTHER D. SHANK, JEFFREY K. SHANK, FRANCIS P. SILICATO, AND DENNIS SILICATO

A rezoning request was received to rezone property located on South State Street and U.S. Route #13, owned by Luther D. Shank, III, Luther D. Shank, Jeffrey K. Shank, Francis P. Silicato and Dennis Silicato.

Prior to amending the Zoning Map and Zoning Ordinance of the City of Dover, a public hearing is required.

By motion of Mr. Witt, seconded by Mr. Christiansen, Council unanimously 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 S. State Street and U.S. Route #13 are presently zoned for R-20 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 February 25, 1985 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to C-4 that property located on S. State Street and U.S. Route #13, owned by Luther D. Shank, III, Luther D. Shank, Jeffrey K. Shank, Francis P. Silicato, and Dennis Silicato.

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

ADOPTED:    JANUARY 14, 1985

REZONING REQUEST - PROPERTY LOCATED ON THE NORTHEAST CORNER OF S. QUEEN STREET AND NORTH STREET - G.E.N. ASSOCIATES

A request was received to rezone property located on the northeast corner of S. Queen Street and North Street, owned by G.E.N. Associates.

Prior to amending the Zoning Map and Zoning Ordinance of the City of