Regular City Council Meeting
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May 28, 1985 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Meeting of Council was held on May 28, 1985 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Ambruso, Boaman, Bulley, Christiansen, Weyandt and Shevock. Mr. Witt was absent.

The invocation was given by the Reverend J.H. Williams, Council Chaplain.

AGENDA ADDITIONS/DELETIONS

Mr. Christiansen requested an additional agenda item under correspondence to present a letter from the Alpha Phi Alpha Fraternity.

Mayor Carroll requested additional agenda items related to a letter concerning anti-Catholic and anti-Jewish literature and a list of proposed Board of Adjustments members.

ADOPTION OF MINUTES - ANNUAL COUNCIL MEETING OF MAY 13, 1985

The Minutes of the Annual Council Meeting of May 13, 1985 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Bulley and bore the written approval of Mayor Carroll.

PROCLAMATION - CRIME FIGHTER'S DAY

Mayor Carroll submitted the following Proclamation:

WHEREAS, violent crime against person and property continues to rise; and

WHEREAS, each of us must take the responsibility to become educated, aware, and involved in fostering projects designed to prevent crime in our communities; and

WHEREAS, 95% of crime in the United States falls under state or local jurisdiction.

NOW, THEREFORE, I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim Friday, June 7, 1985 as

CRIME FIGHTER'S DAY

in the City of Dover, Delaware and urge all of the citizens of Dover to help in the prevention of crime in our City.

PUBLIC HEARING - RESOLUTION TO ABANDON 1271 OF THE WESTERN END OF GARDEN LANE - EAST LAKE GARDENS

A public hearing was duly advertised for this time and place to consider a resolution that would abandon 127' of the western end of Garden Lane in East Lake Gardens.

Mayor Carroll declared the hearing open.

Mr. Peter G. Kirch, a resident of East Lake Gardens, owning land adjacent to Garden Lane, spoke in favor of the abandonment and stated that all property owners adjacent to the street agreed to any stipulation that the City would place on the street related to easements and access to the land.

Mayor Carroll declared the hearing closed.

Mr. Richter moved for abandonment of the western end of Garden Lane, more specifically described in the resolution, stipulating that the City maintain a utility easement, and that a perpetual vehicular easement to lot #57 be written in Mr. Kirch's deed, and that adjacent property owners pay all costs involved in the deed transfer. The motion was seconded by Mr. Weyandt and by a unanimous roll call vote (Mr. Witt absent), Council adopted the following resolution:

A RESOLUTION VACATING AND ABANDONING A PORTION OF A CERTAIN STREET SITUATED IN A DEVELOPMENT KNOWN AS EAST LAKE GARDENS

Be it Resolved by the Council of the City of Dover:

Section 1.        The Council of the City of Dover hereby vacates and abandons the following portion of a street laid out upon a plot of East Lake Gardens, recorded in the Office of the Recorder of Deeds of Kent County, Delaware, and described as follows:

ALL that certain parcel of a public street running east and west, bounded on the south by lands of Peter and Margaret Kirch, and a 15 foot public alley to be conveyed, on the west by lands of Peter and Margaret Kirch, on the north by lands of Franklin Everett, and on the east by Garden Lane; being 41.5 feet wide and approximately 127 feet in length, comprising 5270.5 feet, more or less.

Section 2.        Since no person has been deprived of property by the vacating and abandoning of the aforesaid street no compensation is awarded.

Section 3.        This resolution shall be effective upon the filing of a revised plot plan.

ADOPTED:    MAY 28, 1985

PUBLIC HEARING - RESOLUTION TO ABANDON 15' ALLEY BETWEEN LOTS #45, #46, #47 & #48 AND LOTS #57 AND #58 IN EAST LAKE GARDENS

A public hearing was duly advertised for this time and place to consider a resolution that would abandon a 15' alley running north and south between lots #45, #46, #47 and #48 and lots #57 and #58 in East Lake Gardens.

Mayor Carroll declared the hearing open.

Mr. Peter G. Kirch, representing property owners adjacent to the aforementioned lots, stated that all residents agree to granting any easements that the City would stipulate and the alley right-of-way would be maintained in accordance with City standards.

Mayor Carroll declared the hearing closed.

Mr. Weyandt moved to abandon the 15' alley between lots #45, #46, #47 & #48 and lots #57 & #58 in East Lake Gardens, stipulating that the City maintain utility easements and that cost of deed transfers be borne by adjacent property owners.

The motion was seconded by Mr. Christiansen and by a unanimous roll call vote (Mr. Witt absent), Council adopted the following resolution:

A RESOLUTION VACATING AND ABANDONING A CERTAIN ALLEY SITUATED IN A DEVELOPMENT KNOWN AS EAST LAKE GARDENS

Be It Resolved by the Council of the City of Dover:

Section 1.        The Council of the City of Dover hereby vacates and abandons the following alley laid out upon a plot of East Lake Gardens, recorded in the Office of the Recorder of Deeds of Kent County, Delaware, and described as follows:

ALL that certain parcel of a public alley running north to south, bounded on the south by Silver Lake Boulevard, on the east by the lands of Peter and Margaret Kirch, Leon and Sarah Prescott and Marilyn B. Vincent; on the west by lands of Peter and Margaret Kirch and George and Lucy Durney; on the north by Garden Lane; being 15' wide and approximately 206.80' in length; comprising 3102.00 square feet, more or less.

Section 2.        Since no person has been deprived of property by the vacating and abandoning of the aforesaid alley no compensation is awarded.

Section 3.        This resolution shall be effective upon the filing of a revised plot plan.

ADOPTED:    MAY 28, 1985

MONTHLY REPORTS - APRIL

By motion of Mr. Weyandt, seconded by Mr. Boaman, the following monthly reports were unanimously adopted:

            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

PARKS AND RECREATION COMMITTEE REPORT

The Parks and Recreation Committee met on May 14, 1985 at 3:30 p.m. with Councilman Weyandt serving as Chairman.

Debris in Silver Lake from Cemetery - Mrs. Thelma Lewis

Mrs. Thelma Lewis of 580 N. duPont Highway, advised Council of possible pollution in Silver Lake and complained of debris that is often trapped in a cove adjacent to her property, originating from the Silver Lake Cemetery.

Mr. Weyandt advised that the committee recommended that the City take water samples in Silver Lake and that Wesley Church, owner of the cemetery property be encouraged to obtain dumpsters to house debris gathered from the cemetery.

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

Removal of Elm and Maple Trees - Steven Schwartz - 338 N. State Street

Mr. Steven Schwartz of N. State Street requested that a maple tree and an elm tree be removed from the front of his property and replaced with new and less dangerous trees that would be more suited to the area.

It was Mr. Weyandt's opinion that the maple tree should be removed but the elm tree should be given a period of time to determine if the dutch elm disease will prove fatal.

The committee recommended that both the elm and maple trees be removed with Mr. Weyandt voting no.

Mr. Richter reported inspecting the elm tree and in his opinion, the elm tree should remain until such time that it is no longer healthy.

Mr. Richter moved that the elm tree remain and the maple tree be removed by the City. The motion was seconded by Mr. Shevock and carried.

Request to Replace Tree - Paul Welch - 301 William Street

Mr. Paul Welch of 301 William Street advised that the City of Dover recently removed a tree at the curb in front of his home. He requested that the City replace the tree at no cost to him.

Mr. Weyandt advised that staff was asked to contact Mr. Welch to determine if he would purchase a tree, or the City would replace same from their nursery stock.

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

Safety Advisory Committee Report

The Safety Advisory Committee met on May 14, 1985 at 3:50 p.m. with Councilman Weyandt acting as Chairman.

Two Hour Parking - Hope and South Streets - Mrs. Joy Ambruso

The committee considered a request by Mrs. Ambruso to remove two hour parking from Hope Street and South Street. It was Mrs. Ambruso's opinion that by removing the two hour restriction, parking problems for residents on Sackarackin Avenue would be alleviated. Residents of Sackarackin Avenue also requested parking permits.

Mr. Weyandt pointed out that there was a lengthy discussion on the matter resulting in the committee recommendation to remove two hour parking from South Street with Mr. Weyandt voting no.

Mr. Bulley moved for approval of the recommendation, seconded by Mr. Christiansen.

Questioned by Mr. Shevock, Mr. Bulley felt that two hour parking on South Street did not really serve a purpose, pointing out that there are no residences on South Street and only two businesses; one having a loading zone and the other having parking in the rear of the building.

It was Mr. Shevock's opinion that Kent General Hospital has a responsibility to their employees to provide adequate parking under all circumstances.

Mr. Weyandt felt that hospital employees would still park on Sackarackin even if the two hour parking restriction on South Street is eliminated.

Mr. Boaman suggested removing two hour parking from South Street and Hope Street and as a test, issue parking permits to residents on Sackarackin Avenue. It was his opinion that Council has an opportunity to determine if parking permits will work in the City of Dover.

Mr. Ambruso stated that the issue to Council is not whether Kent General Hospital furnishes adequate parking, nor is it Council's responsibility to furnish parking for visitors to the facilities or for employees. He felt that the issue for Council is the congestion on Sackarackin Avenue which can be solved by removing parking on Hope and South Streets. He further suggested that parking permits for residents on Sackarackin Avenue be delayed to determine if the removal of the two hour parking restriction is successful in relieving some of the congestion on the street.

Mr. Richter moved to amend the motion, removing two hour parking on South Street only, to include Hope Street and the issuance of parking permits to residents of Sackarackin Avenue. The motion was seconded by Mr. Boaman.

Chief Klenoski advised that if permit parking is initiated on Sackarackin Avenue, he would also need a two hour parking restriction for the purpose of enforcement.

Mr. Richter called for the question.

By a roll call vote of four (4) yes, three (3) no, (Mr. Witt absent), the amendment failed.

A roll call vote on the main motion to remove the two hour parking restriction on South Street was approved by a vote of five (5) yes, two (2) no (Mr. Weyandt and Mr. Shevock).

Stop Signs - Lakewood Place and Columbia Avenue - Glenna & Steven Gordon

Glenna and Steven Gordon of 226 Columbia Avenue requested that the City post stop signs on Lakewood Place at Columbia Avenue, making the intersection a four way stop.

The committee recommended approval of the stop sign.

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

Mr. Bulley stated that he is interested in the safety of residents in the area but advised that the area bordered by Pear Street, Walker Road, Governors Avenue and William Street contains 60 stop signs, not including "School" and "Children Playing" signs .

It was his opinion that if an area of this size demands this number of stop signs and other signs, then it would seem that a survey by traffic specialists would be in order.

By a roll call vote of three (3) yes, four (4) no, the motion to place a stop sign at the intersection of Lakewood Place and Columbia Avenue was defeated.

Handicapped Parking - Wesley Church

In a letter to Council, Wesley Methodist Church which is located at the intersection of Loockerman Street and State Street, requested two permanent handicapped parking spaces seven days per week. The parking spaces are located in front of the Grace Fellowship Hall.

The committee recommended approval of the request and Mr. Weyandt so moved for the recommendation, seconded by Mr. Shevock and carried by a roll call vote of seven (7) yes, (Mr. Witt absent).

Stop Signs - Alley Behind Oakridge Development

As recommended by Chief Klenoski, the committee recommended that stop signs be placed on each end of the alley behind Oakridge development. The alley exits on Woodcrest Drive near the Kinder Care facility and also on the road leading to the Power Plant.

Mr. Weyandt moved for the recommendation of the committee, seconded by Mr. Christiansen and carried by a roll call vote of seven (7) yes, (Mr. Witt absent).

Mr. Weyandt moved for approval of the Safety Advisory Committee Report as submitted, seconded by Mr. Bulley.

Mr. Boaman questioned the action by Council on removal of the two hour parking restriction on South Street and Hope Street and moved that the two hour parking be removed from Hope Street. The motion was seconded by Mr. Christiansen and carried by a roll call vote of five (5) yes, two (2) no (Mr. Weyandt and Mr. Shevock) with Mr. Witt absent.

The motion to approve the report as submitted was unanimously carried.

UTILITY COMMITTEE REPORT

The Utility Committee met on May 15, 1985 at 7:30 p.m. with Chairman Richter presiding.

Capitol Green Housing Corportion - Request to Abandon Lots #227 - #234

A letter received from Mr. John J. Gorlich ' President of the Capitol Green Housing Corporation requested that the Corportion be permitted to acquire City lots #227 through #235, located on Sussex Avenue.

Citing the fact that the City does not have a deed to the property, the committee recommended that the land be transferred by quit claim deed with the stipulation that the land remain as park space and is not to be sold off or used for any other purpose without the permission of the City of Dover. The City will not receive payment for the land but will maintain rights-of-way for utilities. All deed transfer costs will be borne by the Capitol Green Housing Corporation. Capitol Green Housing Corporation will be permitted to start the process of initiating improvements on the land during the process of deed transfer.

Mr. Richter moved for the recommendation of the committee, stipulating that Council adopt a resolution abandoning the land by quit claim deed and a public hearing be held on June 10, 1985 at 7:30 p.m. The motion was seconded by Mr. Bulley and Council, by unanimous roll call vote (Mr. Witt absent), adopted the following resolution:

A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF CERTAIN LOTS SITUATED IN A DEVELOPMENT KNOWN AS CAPITOL GREEN, 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 lots laid out upon a plot of Capitol Green, as recorded in the office of the Recorder of Deeds of Kent County, Delaware, as follows:

BEGINNING at a point in the southerly line of Sussex Avenue, where this line intersects the easterly line of a 15' public alley, thence running with the southerly line of Sussex Avenue in an easterly direction for approximately 195 feet to a corner for lots 234 and 235 of the Capitol Green Subdivision, thence running with said lots as a dividing line in a southerly direction for a distance of approximately 105 feet to a corner for these lots in the northerly line of said public alley, thence running with said alley in a westerly direction for approximately 150 feet to a corner for lot 227 and the public alley, thence running with the easterly line of the alley with a curve to the right in a northerly direction for a distance of approximately 115 feet to the point of beginning.

Containing .417 acres more or less.

Section 2.        The Council of the City of Dover will sit on Monday, June 10, 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:    MAY 28, 1985

Request for Abandonment - Portion of East Water Street

A request was received from Mr. John J. Gorlich, Deputy Director of the Division of Housing and Community Development, State Housing Authority, to abandon a portion of East Water Street Extended. The Capitol Green Housing Corporation is designing a small addition to the project rental office, located at 479 River Road and building setback lines along the right-of-way of the street prohibit construction.

The committee suggested that the Delaware State Housing Authority apply for a variance to the Board of Adjustments to build within zero (0) feet of East Water Street Extended with the City maintaining ownership of the right-of-way of East Water Street Extended.

Mr. Richter advised that no action is necessary on this matter and Mr. Roe is prepared, at the pleasure of the Delaware State Housing Authority, to proceed with the variance procedure.

Clyde Hinebaugh Annexation Request - Horsepond Road

A request was received from Mr. Clyde Hinebaugh of Horsepond Road to annex his property. The City Manager surveyed property owners along the eastern side of Horsepond Road from Lafferty Lane to lands owned by the SPCA and found a lack of interest in the majority of owners to annex into the corporate limits.

The committee recommended that a combination annexation be held for the east side of Horsepond Road from Lafferty Lane to the property of the SPCA with annexation referendum #1 being the Clyde Hinebaugh property only and referendum #2 being all properties from Lafferty Lane to the SPCA.

Mr. Richter moved for the recommendation of the committee, setting the two referendums for July 1, 1985. The motion was seconded by Mr. Weyandt.

Mr. Ambruso reported surveying the area and found that one of the largest property owners on Horsepond Road is interested in annexation. He recommended an amendment to the motion for the purpose of holding a third annexation referendum for the aforementioned property.

Mayor Carroll pointed out that the only formal request for annexation was received from Mr. Clyde Hinebaugh.

It was Mr. Richter's opinion that holding referendums to annex single properties on Horsepond Road will initiate a situation that now exists on Route #8 where several islands of land separate properties that are in the corporate limits.

By a roll call vote of five (5) no, two (2) yes (Mr. Ambruso and Mr. Weyandt), with Mr. Witt absent, the motion to hold two separate annexation referendums on Horsepond Road was defeated.

Bid - Painting Bayard Avenue Water Tank

Bids were received to paint the Bayard Avenue water tank with Surf, Inc. submitting the low bid of $34,000.

Surf, Inc. submitted a 5% certified check in lieu of a 5% bid bond, stating that their bonding company had recently filed bankruptcy. However, they are in the process of obtaining the necessary bid bond from another company.

The committee recommended awarding the bid to Surf, Inc. for $34,000 on the basis that the company will be successful in obtaining a performance bond.

Mr. Richter moved for the recommendation of the committee, seconded by Mr. Boaman and by unanimous roll call vote (Mr. Witt absent), the bid was awarded to Surf, Inc.

Bid - Water System Improvements - Rudnick Tract

In conjunction with the 1984/89 Capital Improvements Plan, bids were solicited for approximately 2,200' of new 10" water main that will be installed along Route #113A to complete a loop of the system on the west side of Route #13.

The committee recommended that the bid be awarded to Teal Construction for a low bid of $106,350.30.

Mr. Richter moved for the recommendation of the committee, seconded by Mr. Christiansen and carried by a unanimous roll call vote, with Mr. Shevock abstaining and Mr. Witt absent.

Bid - Water System Improvements - Independence Boulevard

Bids were solicited for 1,060' of new 10" water main along Independence Boulevard from Route #8 north to the existing water main which would complete a loop.

Teal Construction submitted a low bid of $26,510.20 which was recommended by the committee.

Mr. Richter moved for the recommendation of the committee, seconded by Mr. Bulley and carried by unanimous roll call vote, with Mr. Shevock abstaining and Mr. Witt absent.

Bid - Roof - City Hall

Bids were received on May 2, 1985 to replace the roof of City Hall Annex. Due to the uncertainty of the ability of the existing wood roof deck to accommodate the heavy weight of a ballast system type of roof, it was recommended that a mechanical fastener system, of lighter construction, be installed. The low bidder was H.K. Griffith, submitting a bid of $26,637.00.

The committee recommended that the bid be awarded to H.K. Griffith.

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

Bid - Roof - City Warehouse

Bids were received on May 2, 1985 to replace the roof on the City Warehouse facility at Pear Street and William Street. The specifications included two choices; one being a ballast type roof and the other being a mechanical fastener type of system.

The committee recommended that the bid be awarded to H.K. Griffith for a total price of $62,988 for a ballast system roof.

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

Bid - Curb Replacement

Bids were received on May 3, 1985 to replace approximately 2,000 linear feet of curb and gutter throughout the City. Art Concrete was the low bidder for a total price of $19,385.22.

In accordance with the City of Dover purchase standards, no action by Council is necessary since the bid is below the maximum of $25,000.

Bid - Street Resurfacing Program

Bids were received on May 3, 1985 for the 1985/90 Capital Improvements Plan, Street Resurfacing Program. The following streets are proposed to be resurfaced:

            1.         Bradley Road                                      6.         MacArthur Drive

            2.         Clara Street Extension                        7.         Reese Street

            3.         Eisenhower Road                               8.         Roosevelt Avenue

            4.         Harrison Drive                                    9.         Schoolhouse Lane

            5.         Kennedy Lane                                    10.       Willis Road

Haman Drive will also be included in the resurfacing program, contingent upon what can be recouped from the milling program and total cost of the resurfacing.

George & Lynch submitted the low bid of $183,605 and received the recommendation of the Utility Committee.

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

Mr. Weyandt questioned why the streets on the list to be resurfaced are some of the newer constructed surfaces while the older streets in the City seem to be neglected.

Mr. Worley advised that a complete survey of all streets in the City was conducted. The streets to be resurfaced as submitted were prioritized according to their condition.

Mr. Boaman called for the question and by a unanimous roll call vote (Mr. Witt absent) the bid was awarded to George & Lynch for a total price of $183,605.

Bid - Boiler Work - Electric Department

The City advertises bids once per year to contract services for performance of routine and preventative maintenance of three steam boilers, two hot water boilers, miscellaneous heat exchangers and condensers for the period July 1, 1985 - June 30, 1986. Bids were solicited to cover the unit cost of labor, materials, and equipment necessary to perform the work.

The committee recommended that the bid be awarded to Potts Welding and Boiler Repair Company based on the lower labor rates for labor and supervision in the amount of $23.85 per hour and $25.39 per hour.

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

Bid - Switching Gear - Electric Department

Bids were solicited for a metalclad switchgear for the Mid-City substation located at New and Dover Streets. Five bids were received and Hesco was the low bidder in the amount of $133,085.

Mr. Richter moved that the bid be awarded to Hesco, furnishing a Siemens Allis switch, seconded by Mr. Christiansen and carried by a unanimous roll call vote (Mr. Witt absent).

Unit #3 - Boiler Cycling Study

Mr. Richter reported that the engineering staff has proposed a study to shut down unit #3 during off-peak periods and purchase low cost energy from nuclear and coal units on the Grid. Unit #3 presently has a minimum load of 25 megawatts. The study would determine if it is feasible to lower this minimum load or shut the unit down completely. He explained that this does present some risk since it creates thermal stresses to the turbine and the boiler and it increases the risk of damage during start up due to operator error and limitations in the controls and operations of the boiler and the turbine. However, preliminary analysis indicates that the City could save considerable sums of money by cycling unit #3 during off peak periods.

Mr. Richter stated that Middle West Services has submitted a price of approximately $14,000 to examine the technical feasibility of cycling unit #3.

The committee recommended that the City proceed with the study.

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

Engineering Proposal - Reheater Replacement

Mr. Richter reported that Stone & Webster has completed an examination of the boiler tubes in unit #3 reheater. They recommended replacement of the lower four rows since they do not meet the Code and the unit cannot operate unless the replacement is completed. The examination revealed that the remaining 36 rows are in marginal operating condition. If engineering and fabrication started immediately on the remaining 36 rows, actual installation could be performed next spring. The City Manager recommended delaying replacement of the remaining 36 rows pending a final decision on coal conversion. Mr. Richter stated that the City Manager warned the committee that the remaining 36 rows of tubes might be subject to an occasional tube failure, causing unit shut down.

Mr. Richter moved to support the City Manager's recommendation to delay replacement of the remaining 36 rows until such time that a final decision is made on coal conversion. The motion was seconded by Mr. Bulley and unanimously carried.

Turbo Generator Alignment

Mr. Richter explained that there is continuing variances in the alignment of #3 turbo-generator and it is thought that the alignment problem is due to foundation settlement. East Coast Management Company is now in the process of inspecting the turbine which is partially disassembled. They have advised the City that alignment adjustments can be made and the turbine reassembled for completion in about three weeks . The City Manager has recommended that the turbine be reassembled and placed back on the line since this is a critical part of the year where peak loads are experienced and the City would lose a considerable amount of income.

Mr. Worley stated that the company performing the five year maintenance inspection is not 100% sure what is causing the settling of the foundation for the turbine. A system to monitor the alignment of the turbo-generator is now being installed and will be closely watched for any signs of further misalignment.

Mr. Richter moved for approval of the Utility Committee Report as submitted, seconded by Mr. Ambruso and unanimously carried.

SET PUBLIC HEARING - PROPOSED AMENDMENT - ARTICLE 3. SECTION 13 OF THE ZONING CODE RESIDENTIAL PROVISIONS IN THE CENTRAL COMMERCIAL ZONE

The Planning Commission has proposed an amendment to Article 3, Section 13 of the Zoning Code regarding residential provisions on the Central Commercial Zone. Mr. Roe explained that this would permit apartments to be constructed in the C-2 zone in the downtown Dover area. He explained that the amendment will support proposed construction of apartments in the downtown business area and increase the density.

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

By motion of Mr. Christiansen, seconded by Mr. Bulley, 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 PROVISIONS OF THE DELAWARE CODE.

WHEREAS, the Council and Planning Commission of the City of Dover deem it in the best interest of Zoning and Planning to change the permitted use of apartments in the Central Downtown Commercial Zone, and

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 June 24, 1985 at 7:30 p.m. on a proposed amendment to the Zoning Text by adding a new subsection designated 13.19(a) and by amending existing Section 13.3, permitting apartments in the Central Commercial Zone.

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

ADOPTED:    MAY 28, 1985

REZONING REQUEST - EAST SIDE OF KENTON ROAD, NORTH OF ENTRANCE TO GREENTREE VILLAGE CENTER - DOVER HUNT LAND COMPANY

A request was received to rezone property located on the east side of the Kenton Road, north of the entrance to the Greentree Village Center, containing 7.84 acres and owned by Dover Hunt Land Company.

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

By motion of Mr. Boaman, seconded by Mr. Christiansen, Council referred the matter to the Planning Commission and unanimously adopted the following resolution (Mr. Witt absent):

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 east side of the Kenton Road, north of the entrance to Greentree Village Center, are presently zoned for SC-2 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 June 24, 1985 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from SC-2 to RG-0 that property located on the east side of the Kenton Road, north of the entrance to Greentree Village Center, owned by Dover Hunt Land Company.

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

ADOPTED:    MAY 28, 1985

REZONING REQUEST - 530 S. STATE STREET - KENT GENERAL HOSPITAL

A request was received to rezone property located at 530 S. State Street, owned by Kent General Hospital.

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

By motion of Mr. Christiansen, seconded by Mr. Bulley, Council by a vote of six (6) yes, one (1) no (Mr. Weyandt) with Mr. Witt absent, referred the matter to the Planning Commission and 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 at 530 South State 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 June 24, 1985 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to IO that property located at 530 S. State Street, owned by Kent General Hospital.

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

ADOPTED:    MAY 28, 1985

PROPOSED MEMBERS - BOARD OF ADJUSTMENTS

Mayor Carroll presented the following names as members of the Board of Adjustment, effective the first meeting in July:

                        1.         William Daisey          -          Two Years

                        2.         Vernon Ingram           -          Three Years

                     &