REGULAR COUNCIL MEETING

The Regular Council Meeting was held on September 23, 1991 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Hare, Daisey, Levitt, Pitts, Salters, Lynn, and Weyandt.

Council staff members present were Chief Hutchison, Mr. Lucas, Mrs. Boaman, Mr. Petit de Mange and Mr. Rodriguez.

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

AGENDA ADDITIONS/DELETIONS

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

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 9, 1991

The Minutes of the Regular Council Meeting of September 9, 1991 were unanimously approved by motion of Mr. Lynn, seconded by Mr. Hare and bore the written approval of Mayor Richter.

PRESENTATION - CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING

On behalf of Government Finance Officers Association, Mayor Richter and Mr. Weyandt presented Mike Karia with a Certificate of Achievement for Excellence in Financial Reporting plaque. This award is the highest form of recognition in governmental accounting and financial reporting and represents a significant accomplishment by a government and its management.

Mr. Karia recognized the efforts of his staff, Terry Rolison, Traci McDowell-Emory and Ray Cola, in preparing and completing the financial report. Mr. Karia stated that it is through team effort that the report is so successful and thanked Mayor and Council for their assistance and confidence in the Finance Department.

RESOLUTION AND PRESENTATION - PUBLIC POWER WEEK

By motion of Mr. Lynn, seconded by Mr. Salters, Council unanimously adopted the following Resolution:

WHEREAS, we, the citizens of Dover have chosen to operate a community-owned, not-for-profit electric utility; and

WHEREAS, we are both consumers and owners of our public power system and have a direct say in utility operations and policies; and

WHEREAS, the City of Dover Electric Utility provides our homes, businesses, farms, social service, and local government agencies with reliable, efficient, and cost-effective electricity employing sound business practices designed to ensure the best possible service at the lowest possible rates; and

WHEREAS, the City of Dover Electric Utility is a valuable community asset that contributes substantially to the well-being of local citizens through energy efficiency, customer service, environmental protection, economic development, and safety awareness; and

WHEREAS, the City of Dover Electric Utility is part of a community of 2,000 publicly owned electric utilities in the United States that, through consumer-ownership, ensure cost-cutting competition in the electric utility industry to the benefit of electricity consumers everywhere; and

WHEREAS, the American Public Power Association initiated Public Power Week in 1987, and it has proven a successful means to educate this community's consumers and the general public about public power's public service mission and community betterment goals.

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

1. The week of October 6-12, 1991 be designated Public Power Week in the City of Dover, in order to honor the utility, its consumer-owners, policy makers, and employees, who work together to provide the best possible electric service.

2. That the City of Dover join hands with other public power communities across the nation and celebrate the benefits of public power to our local and national progress.

3. All the citizens of Dover are invited to join us in this week's national celebration of the benefits of locally owned and locally controlled public power. The Mayor and Council invite the citizens of Dover to an open house to be held in their honor at the offices and power plant of the City of Dover Electric Department. The open house will take place on October 12th, between the hours of 10:00 A.M. and 2:00 P.M. on Buttner Place just off Walker Road.

ADOPTED: September 23, 1991

Members of Council and staff were presented with promotional items in recognition of Public Power Week.

Mr. Jack French, Electric Director, reiterated the importance of our municipal electric utility and invited the public to the Open House at McKee Run Generating Station. As chairman of the Utility Committee, Mr. Levitt expounded upon the advantages of a publicly owned electric utility and invited questions and comments from all electric customers, including those that live outside the City's corporate limits.

RESOLUTION - DOVER, KENT ENGLAND

During an upcoming vacation, Mayor Richter is planning to visit Dover, Kent England and requested approval of a Resolution to be presented to the Town of Dover, Kent, England.

By motion of Mr. Lynn, seconded by Mr. Weyandt, Council unanimously adopted the following Resolution:

WHEREAS, the State of Delaware in the United States of America takes its name from Thomas West, the first Lord de le Warr; and

WHEREAS, shortly after his arrival in the new world in 1683, William Penn ordered the establishment of Dover as the county seat of what was then St. Jones County, renamed Kent County by William Penn, and Dover has been the Capital City of the State since 1777; and

WHEREAS, the people of our city have chosen to include on our corporate seal the coat of arms of Kent County, Delaware which was designed by William Penn and is fashioned after the arms of his family, and a representation of the corporate seal of the Town of Dover, Kent, England, one of the five ancient ports after which we are honored to be named; and

WHEREAS, following early settlement by the Dutch and Swedes, the territory of Delaware was taken under the rule of James Duke of York who in turn deeded and leased our lands to William Penn as validated by a Charter from His Majesty Charles II; and

WHEREAS, the State of Delaware maintains a separate Chancery Court as a court of equity, the only such court in our nation, patterned after the English Court of Chancery which came to us in colonial days; and

WHEREAS, upon settlement by our English forebears, the common language of this area and our nation became the English language and while now our State and City welcome citizens of nearly every nation and race, we are proud of the English heritage and traditions that shaped the thinking and actions of our founding ancestors; and

WHEREAS, the Town of Dover, Kent, England and the City of Dover, Delaware have shared a history of friendship and cooperation, proof of which is proudly displayed in our City Hall foyer, valuable and historical Standard Measures of Capacity, which was gifted to our City by the Town of Dover, England in 1973.

NOW, THEREFORE, the Mayor and Council of the City of Dover, direct and dispatch the Mayor of Dover, John E. Richter, to Dover, Kent, England for an official goodwill visit on October 10, 1991 to carry this message of friendship and benevolence to the Council and citizens of the Town of Dover, Kent, England. An

invitation is extended to visit our City of Dover, Delaware U.S.A. and we look forward to continuing a cordial relationship forever.

ADOPTED: September 23, 1991

PROCLAMATION - TOASTMASTERS CLUB DAY

The City Clerk read into the record the following Proclamation, issued by Mayor Richter:

WHEREAS, this year marks the 35th anniversary of the Dover Toastmasters Club #2077-18, which was organized and chartered in 1956 at Dover Air Force Base; and

WHEREAS, through the years, this organization has helped many residents of Dover to improve their public speaking abilities which has assisted our citizens both professionally and personally; and

WHEREAS, Dover Toastmasters has helped evaluate speeches for Distributive Education Clubs of America (DECA) and Veterans of Foreign Wars (VFW) for Voice of Democracy contests; and

WHEREAS, we gratefully acknowledge the accomplishments of the Dover Toastmasters Club and its positive influence on our citizens.

NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER do hereby Proclaim October 7, 1991 as Dover Toastmasters Club Day in recognition of their 35th Anniversary, extending my sincere congratulations and the wish that the members of this group may enjoy many more years of fellowship in service to our fellow citizens.

The Proclamation was presented by Mayor Richter to Roy Bogus on behalf of the Dover Toastmasters.

READINGS FROM THE CONSTITUTION

Mayor Richter stated that the Constitution of the United States of America was signed on September 17, 1787, of which Delaware was the first state to ratify. On December 15th of this year, our nation will celebrate the 204th anniversary of the Ratification of the Bill of Rights which added the rights of the people to the Constitution. In recognition of Constitution Week, Mayor Richter and Members of City Council read a part of the Constitution and the amendments that were established based upon experiences of the State.

MONTHLY REPORTS - AUGUST

Mr. Weyandt moved for approval of the following monthly reports, seconded by Mr. Salters and unanimously carried:

Chief of Police Report

Building Inspector and Fire Marshal Report

City Assessor Report

City Alderman Report

J.P. Court #7 Report

City Manager Report

Internal Service Fund, Revenue & Budget Report

Improvement and Extension Fund, Cash Receipts & Budget Report

Questioned by Mr. Weyandt on total expenses for paramedics, as shown on the General Fund - Budget Report, Mr. Karia explained that although the Paramedics were transferred to the County on September 1st, some bills are still trickling into September billings.

On the Water/Wastewater Fund - Budget Report, Mr. Karia explained that a payment to the County in July is for the second quarter (April/May/June).

On the Electric Revenue Fund - Budget Report, under Administration, Mr. Weyandt questioned the explanation that the Contractual Services line item is overspent. He requested a breakdown on this over-expenditure for the October meeting of the Legislative and Finance Committee.

Mr. Lynn moved for approval of the following reports for the month of August, seconded by Mr. Salters and unanimously carried:

General Fund, Cash Receipts & Budget Report

Water/Sewer Fund, Revenue & Budget Report

Electric Revenue Fund, Revenue & Budget Report

LEGISLATIVE AND FINANCE COMMITTEE REPORT

The Legislative and Finance committee met on September 10, 1991 with Chairman Weyandt presiding.

Facilities Study - Cornerstone Partners

As directed by City Council, Cornerstone Partners, Inc. submitted a preliminary space plan for the City Hall and Administrative Annex Building, Police Station and the City Warehouse (copies are available in the Office of the City Clerk). Cornerstone Partners reviewed the report in detail with the Legislative and Finance Committee.

Mr. Weyandt stated that the facilities study will be taken into consideration during discussions on the proposed bond issue. No action was taken by Council.

Landlord/Tenant Ordinance - Section 10-41

During the committee meeting of August 27, 1991, several citizens addressed members on the proposed landlord/tenant ordinance, that would amend Chapter 10 of the Dover Housing Code by adding a new section to be designated Article III, Section 10-41. The committee suggested that the comments and suggestions made be reviewed by the City Solicitor for possible revisions. The amended ordinance was submitted for the committee's review and recommendation.

Members of the community and the committee again addressed the proposed ordinance. The committee recommended the following revisions to the ordinance prior to its first reading during the Council Meeting of September 23, 1991:

1)Revise paragraph (d) to state that the first offense would be a minimum fine of $50, with subsequent offenses given a fine of $100.

2)That the word "lastly" be incorporated into the second sentence of paragraph (c) to read: "or lastly by posting a copy thereof in a conspicuous place in or about the structure affected by said notice."

3)That paragraph (b) more clearly define the time period the landlord has in notifying the renter of eviction.

Mr. Weyandt noted that the proposed ordinance has been revised as requested by the committee. He moved that the ordinance, as amended, be submitted for a first reading, seconded by Mr. Lynn and unanimously carried. (The first reading of the proposed ordinance will be taken care of during the latter part of the meeting.)

Target Block Program

During their meeting of August 12, 1991, City Council accepted the Target Block Program and authorized staff to proceed with the program. It was noted that a community meeting will be scheduled to discuss the program with residents to seek their input and support. Upon receiving public comment, the selection of the initial target block will be finalized and further program details will be developed and presented to the committee for their review.

An administrative public hearing was held on August 28, 1991 with homeowners, landlords and tenants of Governors Avenue, Kirkwood and Queen Streets attending the meeting. After much discussion, it was the general consensus of the group to focus on Kirkwood Street as the initial target block.

Noting that the results of the public hearing are in agreement with staff's initial recommended target block area, staff requested permission to initiate the Target Block on Kirkwood Street, beginning at Fulton Street and proceeding to Loockerman Street. The Community Development Division will complement the Target Block Program in conjunction with the Community Development Block Grant, Rental Rehabilitation Program, and Housing Rehabilitation Loan Program.

The committee recommended that City Council grant staff permission to initiate the Target Block on Kirkwood Street, beginning at Fulton Street and proceeding to Loockerman Street.

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

Electric Organizational Study

City Council authorized Resource Management International (RMI) to perform a detailed study of the organizational and management practices of the City of Dover Electric Department. An RMI team, consisting of experts in Generation, Transmission and Distribution, Utility Operations, and Management, held interviews with Electric Department personnel.

Mr. Craig W. Horneck, Manager of RMI's Albany Office, presented and explained the final report on the Organization and Management Study of the City of Dover Electric Department.

While some recommendations have already been initiated and others may not be possible, Mr. Worley explained to committee members that the report will be utilized by the Electric Department as a guide for the next five years. An implementation plan and schedule will be prepared by staff.

The committee recommended acceptance of the Organizational and Management Study of the City of Dover Electric Department, as prepared by RMI (as on file in the Office of the City Clerk).

Mr. Weyandt moved for acceptance of the report as submitted by RMI and that staff prepare an implementation plan and schedule for review by the committee. The motion was seconded by Mr. Lynn and unanimously carried.

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

PARKS AND RECREATION COMMITTEE REPORT

The Parks and Recreation Committee met on September 10, 1991 with Chairman Daisey presiding.

Schutte Park Implementation Plan

Mr. Ron Kawakai and Mr. Allen Reznick, Representatives from Sasaki Associates, presented committee members with the Master Plan for the Schutte Park Complex, which consists of four phases (as on file in the Office of the City Clerk). Recommendations made during the August 12th Council Workshop have been included in the Master Plan.

The model car racing track was not included in the Master Plan. Mr. Carter explained that although it is not recommended that a model car racing track be located at the Schutte Park, staff is providing assistance in finding another location. Mr. Carter stated that a super elevated oval race track, at 1/10 the size of Dover Downs, would cost approximately $55,000 and would require an area the size of a football field.

Mr. Zachery Carter, Parks and Recreation Director, stated that Phase One, Two and Four will take approximately two years to complete and that Phase Three will take approximately six months to complete. Mr. Carter stated that it will depend on funding whether all four phases may be performed at the same time or simultaneously.

Noting that the cost for the development of Schutte Park is included in the proposed Bond Issue, the committee recommended that the Master Plan be considered during the Council Workshop on September 12, 1991.

Council took no further action.

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

SAFETY ADVISORY COMMITTEE REPORT

The Safety Advisory Committee met on September 10, 1991 with Chairman Salters presiding.

Parking - South Governors Avenue - Mr. James Krempasky

Mr. James S. Krempasky, 102 South Governors Avenue, submitted a letter explaining that there is no available parking for residents of the 100 block of South Governors Avenue. He requested that the City allow residents to park on the west side of South Governors Avenue across from the fire station or that the old ACME parking lot be opened to residents living in the area.

The committee recommended that the request be referred to the Parking Authority and that staff research the requirements for off-street parking for the C-2 zoning.

In a memorandum to the Safety Advisory Committee, the Planning Department reported that in the C-2 zone there shall be at least one (1) off-street parking space provided in the area per dwelling unit. The apartment complex at 102 S. Governors Avenue contains four dwelling units. The property has a total of eight off-street parking spaces provided for the dwelling, which is well within the zoning requirements. The Planning staff recommended that Mr. Krempasky utilize the available off-street parking provided by the apartment unit.

Mr. Salters moved for approval of staff's recommendation to advise Mr. Krempasky to utilize the off-street parking spaces provided by the owner of the apartment dwelling at 102 S. Governors Avenue. The motion was seconded by Mr. Hare and unanimously carried.

Mr. Salters moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Pitts and unanimously carried.

UTILITY COMMITTEE REPORT

The Utility Committee met on September 10, 1991 with Chairman Levitt presiding.

Consent Approvals

Mr. Levitt moved that the following items be approved under the consent agenda format, seconded by Mr. Lynn and unanimously carried.

Review of Water Assessments Appeals - The committee reviewed the proposed ordinance relative to the Route #113 water assessment appeals and recommended its passage. This matter will be considered under "First Readings - Proposed Ordinances".

Disinfection Study and Consolidated Water Production System - A Disinfection Study of the City's water distribution system was submitted by BCM. They were also asked to investigate the possibility of a consolidated water production system. The report indicates that it is not feasible for the City to consolidate the water production system at this time. The committee recommended acceptance of the report and directed staff to include the work identified in the next Capital Improvements Plan.

Insurance Claim - Soot Damage - Mr. Donald Crews

Mr. Donald Crews, 938 Woodcrest Drive, submitted a claim against the City in the amount of $200 for the cost of cleaning the exterior of his home which he claims was soiled by soot from the McKee Run Power Plant. The City's insurance carrier, Selective Insurance Company, denied coverage for Mr. Crews' claim. The City's insurance policies do not provide pollution coverage. Such coverage is no longer provided by the insurance industry except in special circumstances for a very high cost.

Being denied by the City's insurance company, Mr. Crews requested that the City Manager consider his claim. The City Manager assured members that the operation of the Power Plant has been in compliance with all federal and state emissions standards. Staff recommended that Mr. Crews' claim for reimbursement of soot damages be denied.

Mr. Crews advised members that new siding was installed on his house in the summer of 1990 and that there has been an excessive accumulation of soot on the siding from the McKee Run Power Plant. He requested that the City reimburse him $200 for the cost of cleaning the exterior of his home. Mr. Crews felt that by meeting government regulations, the City is not automatically absolved of its duty to do no harm to surrounding properties and requested that City Council consider his claim.

The Electric Director explained that there are instances when the power plant expels an excess amount of soot. He stated that the City distributes "wash tickets" for vehicles that were in the area and received soot damage. He reiterated, however, that the McKee Run Power Plant complies with all federal and state emissions standards.

Since the Plant operates in accordance with state and federal regulations, the committee recommended denial of the claim.

Mr. Levitt moved for approval of the committee's recommendation to deny the claim. The motion was seconded by Mr. Pitts and carried with Council President Christiansen, Mr. Lynn and Mr. Salters voting no.

Request for Ordinance to Prohibit Placement of Receptacle Boxes - Heatherfield

On behalf of the Heatherfield Civic Association, Mr. Bob Lewis submitted a letter requesting that the City adopt an ordinance that would prohibit the placement of free standing receptacle boxes in neighborhoods when cluster-type mail boxes are required. Mr. Lewis explained that the members of the association feel that the receptacle boxes diminish the aesthetic and real value of the properties in the neighborhood.

The committee recommended that Mr. Lewis investigate the possibility of establishing deed restrictions in Heatherfield and that staff develop a sample ordinance that would prohibit receptacle boxes when cluster-type mail boxes are required for the committee's review.

Mr. Levitt stated that since the date of the committee meeting it was discovered that Mr. Lewis' request was independent of the Civic Association. It was Mr. Levitt's feeling that the matter should be tabled until interest for such an ordinance is demonstrated by the community.

Mr. Weyandt stated his opinion that the concept has merit, feeling that the newspaper receptacles were originally designed for rural areas where homes are set much further back from the street, making it difficult to place a newspaper near the house. In City developments, the newspaper receptacles cause the appearance of clutter, most especially in developments that require cluster mailbox receptacles.

Mr. Levitt assured members of Council that the Utility Committee will keep this matter under advisement.

Request for Annexation - State of Delaware

The Delaware Department of Transportation submitted an annexation request for lands acquired for the S.R. 1 Relief Route project, in the area of the Dennys Road toll station. The property involved contains the relief route highway right-of-way and all severed parcels between the highway and the present eastern boundary of Dover and the former David Tract. The Department of Transportation requested annexation because of their need to construct buildings at the proposed toll plaza locations and their desire to obtain City services for the facilities and structures wherever possible.

The Planning Commission reviewed the request and recommended that the annexation, as requested, be modified to include only the limits of the right-of-way and the area of the toll plaza construction. In reviewing the City's Comprehensive Plan, the Planning Commission recommended a zoning classification of Agricultural (A) for the right-of-way area.

It was noted by the City Manager that the property is within the Tidewater Utilities water franchise area, which currently serves the surrounding properties. If City water service is desired, it will be necessary to negotiate with Tidewater. City sewer would not be available unless a private pumping station is installed.

The committee recommended that the City annex that property acquired for the S.R. 1 Relief Route project, owned by the State of Delaware, as recommended by the Planning Commission. (In accordance with an opinion from City Solicitor Rodriguez, when annexing State owned property, it is not necessary to hold a referendum prior to adopting the resolution to annex the lands.)

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

By motion of Mr. Levitt, seconded by Mr. Weyandt, Council adopted the following Resolution by a unanimous roll call vote:

A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.

WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City, and

WHEREAS, a letter from the State of Delaware, from Raymond M. Harbeson, dated May 21, 1991, requested annexation of land consisting of approximately 133.99 acres in the vicinity of SR1, and

WHEREAS, annexation of this property would be for the mutual benefit of the City of Dover and State of Delaware; therefore, the Council may adopt a resolution annexing said territory and including same within the limits 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 the following described area situated in East Dover Hundred, and Little Creek Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:

BEGINNING at a point formed by the intersection of the existing southerly Right-of-Way line for Road 331 with the existing westerly Right-of-Way line for SR1, said point being located opposite SR1 construction baseline station 438+95.52 and 150.00 feet distant to the left measured radially to the said construction baseline as shown on Right-of-Way Plan Sheet #10 of the plans for State of Delaware, Department of Transportation, Division of Highways, contract 83-110-02 Persimmon Tree Lane to north of Denny's Road;

THENCE from said point of beginning with the said westerly Right-of-Way and Denial-of-Access line for SR1, the following two (2) courses and distances measured to the left of the said SR1 construction baseline: 1) South 35 degrees 43 minutes 51 seconds, East 341.62 feet to a point located opposite construction baseline station 435+44.66 and 150.00 feet distant measured radially to the said construction baseline; and 2) South 33 degrees 42 minutes 38 seconds, East 51.81 feet to a point located opposite construction baseline 434+91.46 and 150.00 feet distant measured at a right angle to the said construction baseline, said point being on the proposed westerly Right-of-Way and Denial-of-Access line for Ramp "J";

THENCE with the said westerly Right-of-Way and Denial-of-Access line for Ramp "J" the following two (2) courses and distances measured to the right and radially to the said construction baseline: 1) South 25 degrees 29 minutes 14 seconds, East 21.67 feet to a point of curvature located opposite Ramp "J" construction baseline station 950+00.00 and 100.00 feet distant; and 2) curving to the right on the arc of a circle having a radius of 748.83 feet, an arc length of 553.81 feet, the chord bearing of said arc being South 12 degrees 15 minutes 26 seconds, East 541.28 feet to a point located opposite construction baseline station 956+27.77 and 100.00 feet distant, said point being on the easterly Right-of-Way and Denial-of-Access line for the toll plaza service road;

THENCE with the said easterly Right-of-Way and Denial-of-Access line North 40 degrees 21 minutes 53 seconds, West 134.58 feet to a point located opposite constructive baseline station 56+11.72 and 40 feet distant to the left measured at a right angle to the said construction baseline;

THENCE South 49 degrees 38 minutes 07 seconds, West 100.00 feet to a point located opposite construction baseline station 56+11.72 and 60.00 feet distant to the right measured at a right angle to the said toll plaza construction baseline station, said point being on the proposed westerly Right-of-Way and Denial-of-Access line for the toll plaza service road;

THENCE with the said westerly Right-of-Way and Denial-of-Access line the three (3) following courses and distances measured to the right of the said construction baseline: 1) curving to the right on the arc of a circle having a radius of 226.48 feet and an arc length of 274.75 feet to a point of compound curvature located opposite construction baseline station 59+59.25 and 60.00 feet distant measured radially to the said construction baseline; 2) curving to the right on the arc of a circle having a radius of 688.33 feet, an arc length of 220.88 feet, the chord bearing of said arc being South 38 degrees 19 minutes 36 seconds, West 219.94 feet to a point of tangency located opposite construction baseline station 61+99.37 and 60.00 feet distant measured at a right angle to the said construction baseline; and 3) South 46 degrees 13 minutes 07 seconds, West 400.73 feet to a point located opposite construction baseline station 66+00.00 and 50.95 feet distant measured at a right angle to the said construction baseline, said point being on the northerly Right-of-Way and Denial-of-Access line for Ramp "J";

THENCE with the said northerly Right-of-Way and Denial-of-Access line South 52 degrees 12 minutes 13 seconds, West 286.3+/- feet to a point located opposite construction baseline station 968+85.62 and 174.36 feet distant to the right measured radially to the said construction baseline, said point being a corner formed by the intersection of the division line for lands formerly of Millicent Hutchins, now of the State of Delaware (Deed Record G Volume 46 Page 176) and lands formerly of Sarah Ruth Bratcher, now of the State of Delaware (Deed Record Y Volume 47 Page 322);

THENCE with the said division line South 37 degrees 29 minutes 46 seconds, East 1011.56 feet to a point located on the division line for lands now or formerly of Di's Inc.;

THENCE with the said division line North 52 degrees 07 minutes 53 seconds, East 1111.86 feet to a point located opposite Ramp "K" construction baseline station 998+40.71 and 75.00 feet distant to the right measured radially to the said Ramp "K" construction baseline, said point being on the southerly Right-of-Way and Denial-of-Access line for Ramp "K";

THENCE with the said southerly Right-of-Way and Denial-of-Access line curving to the right on the arc of a circle having a radius of 879.93 feet, an arc length of 72.03 feet, the chord bearing of said arc being South 63 degrees 18 minutes 58 seconds, East 72.01 feet to a point located opposite Ramp "K" construction baseline station 999+18.87 and 75.00 feet distant measured to the right and radially to the said construction baseline, said point being on the westerly division line for lands formerly of Ruth J. David, et al, now of the State of Delaware (Deed Record R Volume 49 Page 339);

THENCE with the said division line the following five (5) courses and distances: 1) South 40 degrees 21 minutes 43 seconds East 317.32 feet to a corner; 2) South 51 degrees 32 minutes 51 seconds, West 439.96 feet to a corner; 3) South 32 degrees 58 minutes 23 seconds, East 286.20 feet to a corner; 4) North 51 degrees 16 minutes 32 seconds, East 467.49 feet to a corner; and 5) South 39 degrees 45 minutes 48 seconds, East 2292.95 feet to a corner for these lands and lands formerly of Richard and Patricia Davis, husband and wife, now of the State of Delaware (Deed Record K Volume 49 Page 80);

THENCE with said division line for Richard Davis, et ux inpart, lands formerly of Richard Davis, Guardian for William S. Davis, now of the State of Delaware (Deed Record Z Volume 48 Page 141) inpart, lands formerly of Diane Laramie, now of the State of Delaware (Deed Record V Volume 48 Page 260) inpart, and lands formerly of Christopher Pleasanton, now of the State of Delaware (Deed Record D Volume 49 Page 166) inpart South 39 degrees 53 minutes 21 seconds, East 1334.63 feet to a corner for these lands and lands now or formerly of Dover Downs, Inc., said point being located opposite SR1 construction baseline station 375+85.79 and 609.68 feet distant to the left measured at a right angle to the said construction baseline;

THENCE with the said division line for lands now or formerly Dover Downs, the following six (6) courses and distances: 1) North 50 degrees 07 minutes 28 seconds, East 710.16 feet to a point located opposite construction baseline station 374+72.53 and 91.36 feet distant measured to the right and at a right angle to the said construction baseline; 2) South 60 degrees 01 minute 46 seconds, East 224.82 feet to a point located opposite construction baseline station 372+51.81 and 134.11 feet distant to the right measured at a right angle to the said construction baseline; 3) South 22 degrees 24 minutes 40 seconds, East 38.50 feet to a point located opposite construction baseline state 372+17.41 and 116.84 feet distant to the right measured at a right angle to the said construction baseline; 4) South 50 degrees 48 minutes 34 seconds, East 17.86 feet to a point located opposite construction baseline station 371+99.55 and 117.38 feet distant to the right measured at a right angle to the said construction baseline; 5) North 64 degrees 43 minutes 00 seconds, East 30.47 feet to a point located opposite construction baseline station 371+87.27 and 145.27 feet distant to the right measured at a right angle to the said construction baseline; and 6) South 78 degrees 17 minutes 04 seconds, East 9.70 feet to a point located opposite construction baseline station 371+78.80 and 150.00 feet distant to the right measured at a right angle to the said construction baseline, said point being on the existing northeasterly Right-of-Way and Denial-of-Access line for SR1;

THENCE with the said northeasterly Right-of-Way and Denial-of-Access line to the two (2) following courses and distances measured to the right of the said SR1 construction baseline: 1) North 49 degrees 04 minutes 01 second, West 1786.60 feet to a point of curvature located opposite construction baseline station 389+65.40 and 150.00 feet distant measured at a right angle to the said construction baseline; and 2) curving to the right on the arc of a circle having a radius of 11309.16 feet, an arc length of 441.93, the chord bearing of said arc being North 47 degrees 56 minutes 51 seconds, West 441.91 feet to a point located opposite construction baseline station 394+13.20 and 150.00 feet distant measured radially to the said construction baseline, said point being on the existing northerly Right-of-Way and Denial-of-Access line for Ramp "G";

THENCE with the said northerly Right-of-Way and Denial-of-Access line the following three (3) courses and distances measured to the right and at right angles to the said construction baseline: 1) curving to the right on the arc of a circle having a radius of 778.83 feet, an arc length of 536.20 feet, the chord bearing of said arc being North 12 degrees 29 minutes 52 seconds, West 525.67 feet to a point of tangency located opposite construction baseline station 908+16.59 and 70.00 feet distant; 2) North 7 degrees 13 minutes 35 seconds, East 268.99 feet to a point of curvature located opposite construction baseline station 910+85.58 and 70.00 feet distant; and 3) curving to the left on the arc of a circle having a radius of 943.00 feet, an arc length of 760.13 feet, the chord bearing of said arc being North 15 degrees 52 minutes 02 seconds, West 739.72 feet to a point of tangency located opposite construction baseline station 917+89.29 and 70.00 feet distant, said point being on the existing northeasterly Right-of-Way and Denial-of-Access line for Denny's Road;

THENCE with the said northeasterly Right-of-Way and Denial-of-Access line the three (3) following courses and distances measured to the left of the Denny's Road construction baseline: 1) North 36 degrees 03 minutes 43 seconds, West 138.40 feet to a point of curvature located opposite construction baseline station 66+00.00 and 110.00 feet distant measured radially to the said construction baseline; 2) curving to the left on the arc of a circle having a radius of 960.00 feet, an arc length of 640.41 feet, the chord bearing of said arc being North 66 degrees 20 minutes 56 seconds, West 628.60 feet to a point located opposite construction baseline station 60+32.97 and 110.00 feet distant measured at a right angle to the said construction baseline; and 3) North 04 degrees 32 minutes 26 seconds, East 50.67 feet to a point located opposite construction baseline station 60+32.97 and 160.67 feet distant measured at a right angle to the said construction baseline, said point being on the existing southerly Right-of-Way line for Lewis Drive;

THENCE with the said existing southerly Right-of-Way line South 79 degrees 07 minutes 25 seconds West 72.77+/- feet to a point;

THENCE North 10 degrees 42 minutes 40 seconds, West 87.73 feet to a point located opposite Relocated Road 332 construction baseline station 29+69.04 and 65.00 feet distant to the right measured at a right angle to the said construction baseline, said point being on the existing northeasterly Right-of-Way line for Relocated Road 332;

THENCE with the said existing northeasterly Right-of-Way line for Relocated Road 332, the following four (4) courses and distances measured to the right and at right angle's to the said construction baseline: 1) curving to the right on the arc of a circle having a radius of 698.94 feet, an arc length of 820.58, the chord bearing of said arc being North 67 degrees 04 minutes 40 seconds, West 774.26 feet to a point of tangency located opposite construction baseline station 38+65.93 and 65.00 feet distant; 2) North 33 degrees 26 minutes 40 seconds, West 334.07 feet to a point located opposite construction baseline station 42+00.00 and 65.00 feet distant; 3) North 41 degrees 58 minutes 31 seconds, West 101.12 feet to a point located opposite construction baseline station 43+00.00 and 50.00 feet distant; and 4) North 33 degrees 26 minutes 40 seconds, West 1149.22 feet to a point located opposite construction baseline station 54+44.98 and 64.99 feet distant, said point being on the existing southeasterly Right-of-Way line for Road 331;

THENCE with the said existing southerly Right-of-Way line for Road 331 South 52 degrees 20 minutes 55 seconds, West 414.98 feet to the first described point and place of BEGINNING;

CONTAINING within said metes and bounds 133.99 acres of land, be the same more or less.

2. The above described property shall be annexed into the City of Dover with a zoning classification of A (Agricultural) in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.

3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.

4. That the effective date of this resolution shall be the 24th day of September, 1991 at 12:01 a.m. o'clock.

ADOPTED: September 23, 1991

Hidden Oaks Subdivision - Acceptance of Streets and Utilities

The developer of Hidden Oaks Subdivision has requested that the streets and utilities be accepted for maintenance and ownership by the City. After construction was completed, staff inspected the improvements and provided the developer with a list of repairs to be made to meet City standards. That work has been completed. A one-year maintenance agreement and bond and a release of liabilities have all been submitted.

The committee recommended acceptance of the dedication of Hidden Oaks Subdivision.

Mr. Weyandt relayed concern with the City's policy to not require completed sidewalks throughout a development prior to acceptance of streets and utilities. He stated his feeling that it is unsafe for pedestrians to walk through a development that only contains portions of the required sidewalks and requested that the City consider amending this policy.

Mr. Levitt moved for approval of the motion to accept the streets and utilities in Hidden Oaks Subdivision. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.

Unit #1 & #2 - Purchase of Circulating Water Pump Discharge Valves

Units #1 and #2 have two circulating water pumps each to supply cooling water to the condensers. During warm weather, each unit requires both pumps to be in operation to achieve its full load. The currently installed valves and operators are those that were originally installed with the units in early 1960. Due to the age of these components, parts are not available to facilitate timely repairs. Since the existing components are no longer available, it is necessary to have a new "package" engineered to replace the existing components while minimizing impact on the pumps and piping. Only one bid was received for the project.

The committee recommended that a purchase order in the amount of $39,420 be issued to McArdle-Desco. Since this project was not budgeted, a budget amendment will be required at a later date.

Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote.

Unit #3 Turbine Nozzle Plate Replacement

General Electric Technical Information Letter (TIL) 1088-2 discusses potential and actual failures of first stage nozzle plates which are similar to that of Unit #3. The GE TIL 1088-2 recommends that the nozzle plate be inspected within three years. It also recommends that the plate be replaced within another three years even if the existing plate is determined to be reusable.

During the 1990 Fall outage, staff advised members that Unit #3 nozzle plate was visually inspected, which revealed significant erosion of the nozzle plate. Noting that GE has indicated a 31 week delivery time for a replacement nozzle plate, staff suggested that a nozzle plate be purchased immediately and that the installation be scheduled for fall of 1993, unless the nozzle plate fails sooner.

The committee recommended that a purchase order be issued to GE in the amount of $352,050 for the replacement of the Unit #3 turbine nozzle plate. Since this project was not budgeted, a budget amendment will be required at a later date.

Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Pitts and carried by a unanimous roll call vote.

Purchase of Transmission Poles for State Bypass Project

Bids were solicited for 70' and 75' transmission poles. Thomasson Lumber Co., submitted the only bid, as follows:

Quantity Description Price Each Total

30 70' class 1 poles $1,075.00 $32,250.00

6 75' class 1 poles 1,315.00 7,890.00

The committee recommended that a purchase order be issued to Thomasson Lumber for $40,140.00 for the purchase of 70' and 75' transmission poles.

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

Mr. Weyandt moved for acceptance of the Utility Committee Report, seconded by Mr. Hare and unanimously carried.

COUNCIL WORKSHOP - BOND ISSUE

Members of Council met in a workshop session on September 12, 1991 to discuss the proposed bond issue. The projects which were tentatively identified for inclusion are as follows:

a. West Dover Fire Station

b. Aerial Ladder Fire Truck

c. Library Basement Renovation

d. Schutte Park

e. St. Jones River Greenway

f. City Hall Renovation/Expansion

g. Police Station Renovation/Expansion

h. Warehouse Renovation/Expansion

Council President Christiansen announced that a public hearing on the bond issue has been scheduled for October 17, 1991 at 7:00 p.m. Written comments will be accepted up to 10 days after the public hearing. Information on the proposed bond issue will be available from the Library and City Hall. The public was reminded that this is only a proposal and that their input is important.

Mr. Weyandt relayed public concerns that the projects in the bond issue are being lumped together as a package and he recommended that Council consider listing the items singularly for public vote on the bond issue. No further action was taken.

APPOINTMENT - CITY PLANNER/INSPECTOR

Council President Christiansen made the following announcement:

The Mayor and Council of the City of Dover are pleased to announce that Mr. Anthony DePrima has accepted the position of City Planner/Inspector for the City of Dover. Mr. DePrima most recently served for four years as the Director of Planning and Development for Phillipsburg, New Jersey and prior experience included the position of Assistant Planner for Warren County, New Jersey, Planning Department. Mr. DePrima has a Masters Degree in Urban and Regional Planning and is a member of the American Planning Association and the American Institute of Certified Planners.

Mr. Hare moved for confirmation of the appointment of Mr. Anthony DePrima as the City Planner/Inspector, effective September 30, 1991. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.

ELECTION BOARD

Resignation - Robert Lambert

In a letter to Mayor Richter and Members of City Council, Mr. Robert Lambert offered his resignation from the City of Dover Election Board since he has filed a petition to run for a member of City Council in the First District.

Mr. Weyandt moved for acceptance of the resignation, seconded by Mr. Lynn and unanimously carried. Council requested that a letter of appreciation be forwarded to Mr. Lambert for his participation on the Election Board.

Appointment

Due to the resignation on Mr. Robert Lambert from the Election Board, Mayor Richter requested Council confirmation of the appointment of Mr. Gerald P. Foss to serve on the Election Board from the First District.

Mr. Weyandt moved for confirmation of the appointment as requested, seconded by Mr. Salters and unanimously carried.

FIRST READING - PROPOSED ORDINANCE

Mr. Lynn moved to waive the reading of the proposed ordinance before Council, seconded by Mr. Hare and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinance are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinance will take place during the Council Meeting of October 15, 1991.

Mr. Salters moved for acknowledgement of the first reading of the following proposed ordinance, by title only, seconded by Mr. Lynn and unanimously carried:

ARTICLE III, SECTION 10-41 - UNLAWFUL LEASES (Landlord/Tenant Ordinance)

Mr. Weyandt referred to correspondence from Attorney Michael J. Rich, representing Country Village Apartments and Mapleton Square Apartments, registering their concern and opposition to the proposed ordinance. It was noted by Council that although the final reading of the ordinance on October 15, 1991 is not a public hearing, Mr. Rich may voice his concerns if he wishes.

FINAL READING - PROPOSED ORDINANCES

The First Reading of the following proposed ordinances was accomplished during the Council Meeting of September 9, 1991.

Route #113 - Water Line Assessment - Project #89-03

Mr. Lynn moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Hare and unanimously carried.

Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Lynn and carried by a unanimous roll call vote:

AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF THE INSTALLATION OF A WATER LINE ALONG U.S. 113 FROM LAFFERTY LANE TO THE NORTH PROPERTY LINE OF DOVER AIR FORCE BASE, KNOWN AS PROJECT 89-03.

WHEREAS, the Council is authorized to install water lines 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 a water line from Lafferty Lane to the north property line of Dover Air Force Base along U.S. 113; and

WHEREAS, the Council previously approved an assessment ordinance on August 13, 1990 establishing a charge of $35.97 per front foot against all property owners adjoining said water line; and

WHEREAS, the property owner appeals of the assessment have resulted in revisions to the ordinance for determining front foot charges, said revisions alter the method of determining the front foot charges under the circumstances found along U.S. 113; and

WHEREAS, the Council has agreed to use the new ordinance to determine the front foot charges for the properties along U.S. 113 from Lafferty Lane to the north property line of Dover Air Force Base; 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 MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

l. The ordinance adopted August 13, 1990, providing for the levy and collection of water main assessments along U.S. 113 from Lafferty Lane to the north property line of Dover Air Force Base at the rate of $35.97 per front foot is hereby repealed.

2. An assessment shall be, and hereby is, levied against all property owners whose property adjoins the installation of said water line at the rate of $17.98 per front foot adjoining the said water line.

3. These assessments shall be liens against said properties and shall forthwith be entered in the Municipal Lien Docket.

4. These assessments do not include any costs associated with the future installation of any water services. All future services shall be charged in accordance with the current City of Dover Water Fee Schedule in effect at the time of water service installation.

5. These assessments shall be paid within a ten year period from the date of enactment of the assessment and levies including the interest which shall be at the rate of 9% 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, then all interest charges shall be waived and only the original amount of each assessment shall be paid.

ADOPTED: September 23, 1991

On-Street Handicap Parking Spaces - Section 13-41

Mr. Lynn moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Hare and unanimously carried.

Mr. Hare moved for adoption of the following ordinance, seconded by Mr. Lynn and carried by a unanimous roll call vote:

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

Amend Section 13, "Motor Vehicles and Traffic", Article II of the Dover Code by adding Section 13-41 to read as follows:

Sec. 13-41.On-street handicap parking spaces shall be provided in accordance with the following regulations:

a. Requirements of American National Standards Institute (ANSI) for Passenger Loading Zones are met.

b. City will provide necessary signs and markings, including installation at City's cost.

c. If a new curb ramp is required to provide access from the road to the sidewalk, the party making the request shall provide labor and materials to complete the work. All costs of the ramp installation will be the responsibility of the party making the request. All work shall be done in accordance with City standards.

d. All work on private property will be the responsibility of the property owner.

e. On state maintained roads approval for any required curb depression must be obtained from the Department of Transportation.

f. On street handicapped parking spaces shall not be provided in lieu of any required on-site handicap spaces.

ADOPTED: September 23, 1991

Mr. Lynn moved to adjourn into open forum, seconded by Mr. Hare and unanimously carried.

OPEN FORUM

Council President Christiansen declared the open forum in session and reminded those present that Council is not in official session and cannot take formal action.

Durward Matthews - 359 Mockingbird Avenue

Mr. Durward Matthews of 359 Mockingbird Avenue addressed his concern with the upcoming bond issue, reminding members of Council that many citizens live on a fixed income and cannot afford a tax increase in excess of 19%. Relating to the proposed West Dover Fire Station, Mr. Matthews reminded members of Council that impact fees, derived from development in West Dover, should pay for the fire station. Mr. Matthews reiterated previous objections to the City's street paving program, stating that Mockingbird Avenue is in dire need of repaving.

Meeting Adjourned at 9:00 P.M.

DEBRAH J. BOAMAN

CITY CLERK

All orders, ordinances and resolutions adopted by City Council during their meeting of September 23, 1991, are hereby approved.

JOHN E. RICHTER

MAYOR