Regular City Council Meeting
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Jun 24, 1985 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Meeting of Council was held on June 24, 1985 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Ambruso, Bulley, Christiansen, Witt, Weyandt and Shevock. Mr. Boaman was absent.

AGENDA ADDITIONS/DELETIONS

Mayor Carroll requested additional agenda items to present a letter from the Kent County Levy Court, under correspondence, and an item relative to the appointment of a Board of Adjustments member.

Council unanimously adopted the agenda as amended.

ADOPTION OF MINUTES - REGULAR MEETING OF JUNE 10, 1985

The Minutes of the Regular Council Meeting of June 10, 1985 were unanimously approved by motion of Mr. Richter, seconded by Mr. Weyandt and bore the written approval of Mayor Carroll.

PUBLIC HEARING - REZONING - 530 S. STATE STREET - KENT GENERAL HOSPITAL - OLD STATE INSPECTIONS LANE AND MAINTENANCE YARD

A public hearing was duly advertised for this time and place to consider rezoning land located at 530 S. State Street, owned by Kent General Hospital and formerly was the facility of the State Highway Maintenance Yard and Inspections Lane.

Mayor Carroll declared the hearing open.

Mr. Victor Ribaudo, Director of Planning for Kent General Hospital, was present to speak for the rezoning. Mr. Ribaudo stated that the hospital purchased the State property primarily for hospital parking and development of the State Street frontage for professional offices which will be consistent with the architectural requirements of the Historic District. The existing rear garage will be renovated for hospital bulk use.

Noting the Planning Commission minutes that state that the City will receive tax revenue from the State Street frontage development, Mr. Witt asked if Kent General is entering into the office leasing business.

Mr. Ribaudo answered in the affirmative, stating that Kent General Hospital will be building the offices through a sister corporation.

There was no one else to speak for or against the rezoning, no correspondence, and the Planning Commission recommended approval.

Mayor Carroll declared the hearing closed.

Mr. Richter moved for approval of the rezoning, seconded by Mr. Christiansen.

Referring to the proposal that the hospital will be building a complex for offices, Mr. Weyandt asked if Kent General Hospital, according to the zoning ordinances, could not build a substantial facility as long as adequate parking space on the property is furnished for persons working in the offices.

Mr. Roe stated that Kent General Hospital will present his office with plans to accommodate 500 parking spaces for employees of Kent General Hospital. Plans will also be submitted for the office facility which will incorporate a lawn in front with parking spaces in the rear of the building. The building will act as a buffer for the parking lot and also add architecturally to the frontage on State Street.

Mr. Weyandt expressed concern that Kent General Hospital might utilize some of the land that was originally planned for parking of hospital employees, and if this becomes a fact the office complex would only aggravate the on-street parking situation that exists around the hospital area.

By unanimous roll call vote (Mr. Boaman absent), Council adopted the following ordinance:

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 530 S. STATE STREET.

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 I0.

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

Section 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 I0 on that property located at 530 S. State Street, owned by Kent General Hospital.

ADOPTED:    JUNE 24, 1985

PUBLIC HEARING - LAND ON WEST SIDE OF QUEEN STREET AND EAST SIDE OF WEST STREET - MABEL S. GRIFFITH AND MARLENE G. & EUGENE G. AUEN

A public hearing was duly advertised for this time and place to consider rezoning lands located on the west side of Queen Street and the east side of West Street.

Mayor Carroll declared the hearing open.

Mr. Eugene Auen of 23 N. Turnberry Drive was present to speak for the rezoning, noting the presence of Mr. George Chabbott, who could answer any questions concerning development.

Questioned by Mr. Weyandt, Mr. Auen advised that plans for developing all of his remaining land on the east and west sides of Queen Street have been turned in to Mr. Roe’s office.

Mr. Weyandt noted that once the plans are approved, it would be much more efficient to rezone all of the undeveloped portions rather than holding public hearings for each and every plot.

Mr. Roe stated that water, sewer, and drainage plans have been submitted to members of staff and it is planned that the next time the land comes before Council, the entire parcel will be rezoned.

No one else was present to speak for or against the rezoning, there was no correspondence, and the Planning Commission recommended approval.

Mayor Carroll declared the hearing closed.

Mr. Witt moved for approval of the rezoning, seconded by Mr. Bulley and by a unanimous roll call vote (Mr. Boaman absent), Council adopted the following ordinance:

AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE WEST SIDE OF QUEEN STREET AND THE EAST SIDE OF WEST STREET.

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:

Section 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/South Queen Street, owned by Mabel S. Griffith and Eugene G. & Marlene G. Auen.

ADOPTED:    JUNE 24, 1985

PUBLIC HEARING - REZONING - LAND LOCATED ON THE EAST SIDE OF THE KENTON ROAD AND NORTH OF THE ENTRANCE TO GREENTREE VILLAGE CENTER - DOVER HUNT LAND COMPANY

A public hearing was duly advertised for this time and place to consider rezoning land located on the east side of the Kenton Road, north of the entrance to Greentree Village Center, owned by Dover Hunt Land Company.

Mayor Carroll declared the hearing open.

Mr. Barry Anstine, General Partner of Dover Hunt Land Company, was present to speak for the rezoning.

Questioned by Mr. Weyandt, Mr. Roe stated that the zoning request from RG-1 to RG-0 will allow medium residential townhouses or apartments.

Mr. Anstine stated that he plans approximately 100 apartments. The structure will be two stories with a brick exterior. The rental units will cater to mature adults and senior citizens.

Questioned by Mr. Witt, Mr. Anstine said that access to the apartments will be from the Kenton Road. There will also be an access road to an adjacent shopping center off Independence Boulevard which will connect the road to the apartment complex.

Mr. Roe felt that Council was confusing the purpose of the public hearing for rezoning the land with Site Plan approval. He advised that his office has not received any Site Plan on the development.

Mr. Witt expressed his disapproval if the road from the apartment complex is allowed access to Independence Boulevard, which in his opinion already has ample vehicular traffic.

Mr. Roe explained that the road from the apartments cannot cross another zone unless it is a dedicated street.

Mr. Anstine stated that he was unaware of this provision in the zoning ordinance but would be happy to have the access road to the apartments dedicated.

Mayor Carroll reiterated Mr. Roe’s statement that the public hearing is for the purpose of zoning the land and not to approve or disapprove any site development.

There was no one else present to speak for or against the rezoning. There was no correspondence and the Planning Commission recommended approval of the request.

Mayor Carroll declared the hearing closed.

Mr. Bulley moved for approval of the rezoning, seconded by Mr. Ambruso.

The zoning request was denied by a vote of four (4) yes, three (3) no (Mr. Christiansen, Mr. Witt and Mr. Weyandt) with Mr. Boaman absent.

PUBLIC HEARING - AMENDMENT TO ARTICLE III, SECTION 13 OF THE ZONING CODE - RESIDENTIAL PROVISIONS IN THE CENTRAL COMMERCIAL ZONE

A public hearing was duly advertised for this time and place to consider a proposed amendment to Article III, Section 13 of the Zoning Code regarding residential provisions in the Central Commercial Zone.

Mayor Carroll declared the hearing open.

There was no one present to speak for or against the proposed amendment.

Mayor Carroll declared the hearing closed.

Mr. Christiansen moved for approval of the zoning ordinance amendment, seconded by Mr. Bulley.

Mr. Roe explained that the proposed amendment to the zoning ordinance would allow apartments above the first floor with off-street parking in the downtown area. The amendment stems from a request that proposes apartments above the former Sears and Roebuck store. This allows for density in the downtown area which is one of the recommendations of the Comprehensive Plan.

Questioned by Mr. Richter, Mr. Roe stated that parking would not be required on-site but it would be the responsibility of the builder to furnish parking within the area which could involve purchasing land for this purpose.

Mr. Bulley moved to amend the motion for approval of the ordinance, stipulating that Section 13.19 (a) be worded in the following manner:

Apartments provided that no dwelling units shall be permitted on the first floor and at least one off street parking space shall be provided in the area for each apartment.

The motion was seconded by Mr. Shevock and carried by a unanimous roll call vote (with Mr. Boaman absent).

By a unanimous roll call vote (Mr. Boaman absent), Council adopted the following ordinance:

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

The City of Dover Zoning Ordinance is hereby amended regarding the Central Commercial Zone (C-2), Article 3, Section 13, by adding a new Subsection designated 13.19 (a) and by amending existing Section 13.3 as follows:

            13.19 (a). Apartments provided that no dwelling units shall be permitted on the first floor and at least one off street parking space shall be provided in the area for each apartment.

            13.3 Uses Prohibited. The following uses are prohibited: Residences, other than living quarters, for not more than one family incidental to each permitted building on each lot for the use of the owner or caretaker of such building or of the owner or caretaker of the permitted use or uses housed in such building, provided that apartments shall be permitted in accordance with 13.19 (a).

ADOPTED:    JUNE 24, 1985

MONTHLY REPORTS - MAY

The following monthly reports were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Bulley.

            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 June 12, 1985 at 7:30 p.m. with Chairman Richter presiding.

Angerstein Annexation Request

Mr. Richter noted that owners of the Angerstein property on the corner of New Burton Road and Webbs Lane have requested annexation. Following the request, Mr. Kesselring, owning 214.4 acres of land, also expressed interest in annexation.

Mr. Stultz, owning 3.34 acres of land in the proposed area of annexations, expressed his objections to annexation.

Correspondence from Attorney Joseph Maybee noted that there is a boundary dispute between Mr. Kesselring and Elizabeth H. Goggin. Mrs. Goggin owns land bordering Isaac Branch to the south and Mr. Kesselring owns land bordering the Branch to the north. At this point in time, there is no certified survey of the boundary of Mrs. Goggin’s property or Mr. Kesselring’s property in the area adjacent to the Branch. Mr. Maybee suggested that the disputed boundary between the two properties be addressed in the procedures of the annexation referendum.

Mr. Bartolotta stated his recommendation that the annexation referendum only include lands to the north edge of Isaac Branch. When the property dispute is settled between Mr. Kesselring and Mrs. Goggin, if it is found that a small portion of the Branch belongs to Mr. Kesselring then that portion of land could be annexed into the City at a later date.

By motion of Mr. Richter, seconded by Mr. Shevock, Council by a unanimous roll call vote (Mr. Boaman absent) adopted the following resolution:

A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.

WHEREAS, the Charter of the City of Dover authorizes the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and

WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area south of the present City limits and hereinafter more particularly described 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, Kent County, State of Delaware, and more particularly described and bounded herein be annexed to the City of Dover:

BEGINNING at a point in the easterly line of New Burton Road where it intersects the southerly line of Webbs Lane, thence running with said southerly line and lands of Angerstein, Inc., and Harvey Kesselring in a southeasterly direction for a distance of approximately 1660.7 feet to a corner for the lands of Harvey Kesselring and lands of Capital School District, thence running with said lands in a southerly direction for a distance of approximately 1260 feet to a corner for above said lands, thence running in a easterly direction for a distance of approximately 630 feet to a corner for the lands of Capital School District and lands of Harvey Kesselring in a line with the subdivision of Rodney Village, thence running with said line in a southerly direction for a distance of approximately 1400 feet to a corner in the line of the north edge of the former Howard Millpond, thence running with said line till it joins the centerline of Isaac Branch, thence running with said centerline in a general westerly direction to a corner for the lands of Kesselring and lands N/L of Reynolds and Phoebe Kemp in line with the Wyoming town boundary, thence running with said boundary in a northerly direction separating Kemp and Kesselring lands for a distance of approximately 1130 feet to a point joining the current City boundary, in the westerly line of New Burton Road, thence running with said boundary a distance of approximately 2200 feet to the point of beginning.

Containing 224.24 acres more or less.

2.         That an election be held on the 15th day of August 1985, commencing at the hours of 11:00 a.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.

3.         That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.

4.         That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.

ADOPTED:    JUNE 24, 1985

Coal Conversion - Second Opinion

Mr. Richter noted that a former motion to proceed with coal conversion at McKee Run Power Plant was tabled for the purpose of studying the possibility of a second opinion from a firm other than Burns & Roe who has conducted a feasibility study. The City Manager recommended two consultants; R.W. Beck and Middlewest Service Company, who have worked with the City in the past. Each company would charge approximately $30,000 to conduct individual studies.

Mr. Weyandt stated that he felt that the original proposal by Council was to have a complete second study performed, noting that it seems that the recommendation by the committee proposes a study and second opinion of Burns & Roe’s coal conversion recommendations.

Mr. Richter moved to remove from the table the original motion, stipulating that the consultant proceed with coal conversion. The motion was seconded by Mr. Bulley and unanimously carried (Mr. Boaman absent).

A vote on the motion to proceed with coal conversion failed by a roll call vote of two (2) yes (Mr. Richter and Mr. Shevock), five (5) no, and Mr. Boaman absent.

Mr. Richter advised that the next proposal is to contract with two consultants for an independent review of the Burns & Roe coal conversion study. Mr. Bartolotta stated that the scope of the study as presented to R.W. Beck and Middlewest Service Company, will review the technical and economic assumptions of the Burns & Roe report and verification of cost figures. The study will also address all of the concerns of Council that have been presented in the last few months.

Questioned by Mr. Witt, Mr. Richter noted that Burns & Roe stated during a committee meeting that if their company is required to spend considerable time with R.W. Beck and Middlewest Service Company, the City will be notified prior to submitting any charges.

Mr. Christiansen moved that the City complete negotiations and contract with R.W. Beck and Middlewest Company for independent reviews of the Burns & Roe coal conversion study. These reviews will be reported to City Council by November 1, 1985. Total expenditures for the two contracts will not exceed $60,000. The general scope of work will be as outlined in the information presented to the Utility Committee on June 12, 1985. The motion was seconded by Mr. Bulley and carried by a roll call vote of six (6) yes, one (1) no (Mr. Weyandt), with Mr. Boaman absent.

Mr. Richter moved that the City negotiate for professional services necessary to initiate the environmental permitting necessary for the coal conversion project recommended by Burns & Roe. The professional services contract is estimated to cost approximately $20,000. Permitting would be initiated with the understanding of Council that application will be withdrawn if the project is canceled. The motion was seconded by Mr. Shevock.

Mr. Richter explained his reasoning for the motion as being that there really will not be any activity in the first four months other than presenting the permits to the environmental agency. If the City approves coal conversion, four months of permitting time will be saved which will amount to a considerable sum due to escalation of power plant construction costs.

The motion to proceed with environmental permitting was carried by a roll call vote of six (6) yes, one (1) no (Mr. Christiansen), with Mr. Boaman absent.

Unit #3 Turbine Update

Mr. Richter reported that it appears that the mis-alignment problem with unit #3 turbine has been solved. The foundation of unit #3 is not settling but instead one end of the turbine is rising. This was caused by the corrosion of steel shims that were used in the original installation to gain proper elevation. The shims have been removed along with the old grouting and new grouting replaced with a new sole plate at the proper elevation.

Staff has recommended that a monitoring program be installed and periodic tests and observations be systematically performed to detect any further problems on the supports under bearings 1, 2 and 3, and the generator bearings. The costs of the monitoring system is estimated to be approximately $68,000. Most of this cost will involve a check on the monitoring system every six months for a period of five years.

The committee requested that staff further investigate firms other than Wiss, Janney and Elstner who have proposed the monitoring system to determine if the cost of the monitoring system as presented is realistic. Since that time, Mr. Richter noted that the City Manager has submitted a new cost of $66,500 for the monitoring of the turbine.

Mr. Richter stated that he would like to further discuss the contract on the monitoring system at a future Utility Committee meeting. However, the preliminary work to establish bench marks is already in progress.

Mr. Witt moved to refer the matter of the monitoring system back to the Utility Committee, seconded by Mr. Christiansen and unanimously carried.

Purchase of Transformer and Switchgear - General/Scott Substation

Mr. Richter advised that the City Manager has requested authorization to purchase a transformer for the General/Scott Substation in the amount of $300,000 and switchgear at a cost of $133,085. This equipment will be purchased as an extension of a former bid which affords the City the opportunity to take advantage of lower bid prices. It would also allow for standardization of the type of equipment to be installed in the substation.

Mr. Richter moved for approval of the purchase of the transformer and the switchgear, seconded by Mr. Christiansen and carried by a unanimous roll call vote (with Mr. Boaman absent).

LEGISLATIVE AND FINANCE COMMITTEE REPORT

The Legislative and Finance Committee met on June 19, 1985 with Chairman Boaman presiding. In the absence of Mr. Boaman, Mr. Shevock presented the following report to Council.

Insurance Bids - City Coverage

Mr. Shevock advised Council that Hardesty Insurance Agency was the only firm submitting bids on the City’s insurance coverage. Several items of the coverage have not been finalized since insurance companies are hesitant to provide coverage such as liability where municipalities are concerned.

Staff suggested that Mr. Worley work with Mr. Lord of the Hardesty Agency for one to two weeks to finalize certain problems such as deductibles for collision and premiums. When the insurance package for the City’s coverage is established, he will then renew the policies effective July 1st. The funding will then be presented to the committee for review and their recommendations.

The committee recommended approval of Mr. Worley’s negotiations with Hardesty Insurance Agency concerning bids for insurance, noting that the insurance package will then be submitted back to the committee for review and a recommendation to Council for funding the insurance package.

Noting the importance of renewing the policies effective July 1st, Mr. Shevock moved for the recommendation of the committee, seconded by Mr. Weyandt and carried by a unanimous roll call vote (Mr. Boaman absent).

Old Age Tax Reimbursement

Mr. Shevock stated that complaints have been received from senior citizens who did not avail themselves of the old age property tax exemption. Through a request by the Legislative and Finance Committee, the Tax Assessor’s Office submitted a list of propositions to rectify the inequities of the procedures presently being used to process applications. If approved, the proposals would be incorporated in an ordinance now being prepared by the City Solicitor. The proposals include updated methods of advertising, mailing of application forms, modification of the cut-off date for receiving applications, and reducing the residency requirements from three years tot he owner of record as of December 31st of the preceding tax year. In addition, the Assessor’s Office suggested income verification of an acceptable nature, and giving the Assessor the right of denial where income verification is not satisfactory. The ordinance will also include the right of appeal to the Tax Appeals Committee.

Mr. Shevock moved for approval of the committee’s recommendation to accept the proposals as submitted by the Tax Assessor’s Office including a provision for appeal to the Tax Appeals Committee for those applications denied by the Assessor. The motion was seconded by Mr. Weyandt and carried by unanimous roll call vote (with Mr. Boaman absent).

Review of Audit Firms for Fiscal Year 1985/86

The committee revised the qualifications of the two auditing firms, Deloitte, Haskins and Sells and Faw Casson, to perform audit services for the City for fiscal year 1985/86. Mr. Shevock advised that two members of the committee voted for Faw Casson and two members voted for Deloitte, Haskins and Sells.

Mr. Witt moved for approval of the firm of Deloitte, Haskins and Sells, seconded by Mr. Christiansen.

Mr. Weyandt noted his vote and the vote of Mr. Shevock for the firm of Faw Casson primarily because of a lower bid which amounted to approximately $11,000.

By a roll call vote of four (4) no, three (3) yes (Mr. Bulley, Mr. Christiansen and Mr. Witt), with Mr. Boaman absent, the motion to hire Deloitte, Haskins and Sells as the City auditors was defeated.

Mr. Weyandt moved to approve the audit firm of Faw Casson to perform the City’s 1985/86 audit, seconded by Mr. Shevock and carried by a roll call vote of five (5) yes, two (2) no (Mr. Christiansen and Mr. Witt), with Mr. Boaman absent.

Mr. Shevock moved to approve the Legislative and Finance Committee Report as submitted, seconded by Mr. Weyandt and unanimously carried.

PARKS AND RECREATION COMMITTEE REPORT

The Parks and Recreation Committee met on June 24, 1985 at 3:00 p.m. with Mr. Witt presiding.

United Way - Request to Locate Office in Dover

Mr. Witt reiterated facts concerning a request by United Way to place four mobile homes on the Bayard Avenue water storage tank site. The mobile homes will be under one roof and permanently placed on a concrete foundation. Mr. Witt explained that the committee did not take any action on the matter, but questioned the following facts:

            1.         A legal opinion from the City Solicitor on the leasing of City owned property for the abovementioned purpose

            2.         What ramifications will be encountered by the precedent that is established in leasing land for the aforementioned purpose and the precedent that would be established

            3.         Adjacent neighborhood zoning and problems that would be encountered circumventing the present zoning ordinances

Mr. Christiansen moved to refer Council’s concerns as stated to the City Solicitor for interpretation and report back to Council. It was also noted that the general feeling of Council was affirmative towards United Way’s project if the mobile homes are modified as planned and placed on a permanent foundation under one roof. The motion was seconded by Mr. Bulley and unanimously carried.

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

SAFETY ADVISORY COMMITTEE REPORT

The Safety Advisory Committee met on June 24, 1985 with Chairman Witt presiding.

No Outlet Sign - Washington Drive in Presidential Courts

Mr. Witt advised that the committee recommended approval for a “No Outlet” sign on Washington Drive in Presidential Courts and moved for approval. The motion was seconded by Mr. Christiansen and unanimously carried.

Bicentennial Village - Stop Sign - Independence Boulevard at Old Flint Drive and Continental Drive

A request from residents was received to place a stop sign at the intersection of Old Flint Drive and Continental Drive on Independence Boulevard.

Mr. Witt advised that the committee recommended to turn the matter over to the City Manager and Chief of Police for action on installation of the stop sign and that a letter be sent to residents of the neighborhood notifying them that the City has no enforcement power until the streets are dedicated.

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

Mifflin Road - Restrict Trucks Except for Local Deliveries

A request was received from residents of Mifflin Road asking that truck traffic be restricted on Mifflin Road except for local deliveries.

The committee recommended that the petition submitted by citizens of Mifflin Road be forwarded to the proper department of the State since the roadway is maintained by the State.

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

Councilman Bulley - Traffic Sign Survey of Fairview Development

Mr. Witt moved to acknowledge a survey submitted by Councilman Bulley concerning signs in Fairview development. It was noted that a total of 231 signs now exist within a 15 city block.

The committee recommended acknowledgment of Mr. Bulley’s study and suggested that its contents be used for future reference.

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

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

LIBRARY COMMISSION APPOINTMENT - FIVE YEAR TERM

Mayor Carroll submitted the name of Dr. Edward Goate’ to serve a five year term on the Library Commission.

Mr. Witt moved for approval of the appointment, seconded by Mr. Bulley and unanimously carried.

APPOINTMENT OF COUNCIL REPRESENTATIVE TO SERVE WITH LIBRARY COMMISSION

Mayor Carroll explained that Mr. Boaman, due to his present work load, wishes to resign his position on the Library Commission. Councilman Roger Bulley has agreed to serve in Mr. Boaman’s place.

Mr. Witt moved for approval of Councilman Bulley, seconded by Mr. Weyandt and unanimously carried.

APPOINTMENT - BOARD OF ADJUSTMENTS

Mayor Carroll submitted the name of Mrs. Ruth Morris to serve as the fifth member of the Board of Adjustments for a one year term.

Mr. Weyandt moved for approval of the appointment, seconded by Mr. Richter and unanimously carried.

ADJUSTMENT OF PERSONNEL JOB CLASSIFICATIONS

Mr. Bartolotta submitted the following job classifications for approval by Council:

            Police Communications Operator                  -          G-15

            Assistant Power Plant Superintendent            -          G-29

            Assistant Central Services Director                -          G-22

            New Positions

            Training & Safety Coordinator                       -          G-21

            Relay Foreman                                               -          G-22

            Electric Meter Technician                              -          G-19

Mr. Weyandt objected to the job classifications, specifically if any of the upgrades are for the purpose of granting salary increases to personnel who have reached the last step of their classification.

Mr. Bartolotta stated that the new ranges are only to correct mistakes or readjust positions that have changed in scope.

Mr. Richter moved for approval of the new job classifications, seconded by Mr. Witt and carried by unanimous roll call vote (Mr. Boaman absent).

CORRESPONDENCE

Department of Transportation - Design Public Hearing - Improvements to State College Road

A notice from John T. Davis, Director of the Division of Highways, stated that Del Dot will hold a design public hearing for proposed improvements to State College Road from Road #156 to U.S. Route #13. The hearing will be held at the Department of Transportation Administration Center at 7:30 p.m. on June 26, 1985.

Babcock and Wilcox - Coal Conversion of Units #1, #2 & #3 - McKee Run Power Plant

Mr. L.R. Allen, Manager of Repowering Programs for Babcock & Wilcox, wrote regarding the contemplated coal conversion at McKee Run Power Plant and offered their views and technical opinions on the conversion and information on how the project should proceed.

Mr. Witt moved to acknowledge receipt of the letter, suggesting that copies be forwarded to Middlewest and R.W. Beck. The motion was seconded by Mr. Weyandt and unanimously carried.

Petition - Residents of Mifflin Road - Restriction of Truck Traffic

A petition from residents of Mifflin Road requested that truck traffic be restricted to local deliveries only.

Council noted that this matter was acted on under the Safety Advisory Committee Report and Mr. Witt moved to acknowledge receipt of the petition, seconded by Mr. Weyandt and unanimously carried.

Kent County Levy Court Minutes of June 18, 1985 - Proposed Home Rule Legislation

As a matter of record, Mayor Carroll included a copy of the Minutes of the June 18, 1985 Kent County Levy Court meeting pertaining to Kent County’s proposed Home Rule legislation.

Berlin N. Hollingsworth - Summer Homes for French Speaking Students - Guadeloupe and Martinique

An informational news release requested summer homes for 16 french speaking students from Guadeloupe and Martinique between July 13th and August 6th.

Department of Administrative Services - Request to Place Six Mobile Homes at the South End of the Richardson & Robbins Complex

A letter from the Department of Administrative Services advised of the necessity to relocate 175 employees from the Jesse S. Cooper Memorial Building due to the presence of asbestos. The Department is seeking permission to place six mobile homes, or modular offices, on the south end of the Richardson & Robbins Complex on a two year temporary basis.

Mr. Witt moved for denial of the request, seconded by Mr. Weyandt.

Mayor Carroll felt that the matter should at least be sent to committee for further consideration to allow the Department of Administrative Services to present facts on the installation.

Mr. Witt withdrew his denial motion, as did Mr. Weyandt his second.

Mr. Weyandt moved for referral to the Utility Committee, seconded by Mr. Shevock and unanimously carried.

City of Newark - Request for Assistance - Payment of Attorney Fees - Legislation on Police Bill of Rights

A letter from Mayor Redd of Newark requested assistance from the City of Dover to pay a portion of the legal fees relative to Senate Bill 96 (Police Bill of Rights).

Mr. Weyandt moved to acknowledge receipt of the request, seconded by Mr. Christiansen and unanimously carried.

Town of Smyrna - Service Agreement with Kent County - Amendment to Home Rule Legislation

An informational letter from the Town of Smyrna, George C. Wright - Mayor, to Representative James Vaughn, requested that support for the Home Rule Bill for Kent County be withheld until a service agreement between municipalities and Kent County Levy Court can be worked out.

Mr. Christiansen moved to acknowledge receipt of the letter and thank the Town of Smyrna for their cooper