REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 24, 2000 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters, and Mr. Weller. Mr. Pitts was absent.
Council staff members present were Chief Faulkner, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Green, and Mr. Rodriguez.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. 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.
There was no one present to speak during the Open Forum.
The invocation was given by Elder Wallace Dixon, followed by the Pledge of Allegiance, which was led by Boy Scout Troop #903.
AGENDA ADDITIONS/DELETIONS
Mr. Weller moved for approval of the agenda, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 10, 2000
The Minutes of the Regular Council Meeting of January 10, 2000 were unanimously approved by motion of Mr. Carey, seconded by Mrs. Malone and bore the written approval of Mayor Hutchison.
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - 734 SLAUGHTER STREET (REAR PROPERTY) - RUTH BESSIX
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 734 Slaughter Street (rear property), owned by Ruth Bessix. Mr. DePrima stated that the property was declared dangerous on July 14, 1999 and that it has been abandoned for more than three (3) months. Deterioration of the building is being accelerated by weather and lack of maintenance. The property consists of a one story frame cottage that is located in the rear of the property, which includes another house in the front of the property. The City had the property boarded up and has placed a $154 lien on the property for this work. He indicated that there are four (4) equitable owners, or liens or mortgages on the property. Mr. DePrima showed slides depicting the condition of the structure.
Staff recommended that City Council: 1) declare the property dangerous; 2) order the property repaired or demolished by February 4, 2000 by the owner or equitable owner at their own risk; 3) order the Building Inspector to cause the repair or demolition of the structure if not completed by the owner or equity owner within the ten (10) days of the date set by Council; and 4) order the City Manager, with the assistance of the City Solicitor, to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or to be recovered in a suit at law against the owner.
Mr. DePrima indicated his feeling that the property cannot be repaired and will require demolition. The estimated demolition cost is $8,000.
Responding to Council President Christiansen, Mr. DePrima estimated that the property is 30 to 40 years old.
Council President Christiansen declared the public hearing open.
There was no one present wishing to speak during the public hearing.
Council President Christiansen declared the public hearing closed.
Mrs. Malone moved that the structure located at 734 Slaughter Street (rear property) be declared a dangerous building and subject to demolition, as recommended by staff. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Pitts absent).
In response to Mr. Weller, Mr. DePrima advised members that it is standard procedure and included in any agreements with the demolition contractors that all utilities be properly sealed.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on January 10, 2000 with Chairman Salters presiding.
Request to Allow Commercial Vending on Residential Property Adjacent to Dover Downs During Nascar Events - Carl Moore
During their Regular Meeting of June 8, 1998, Council considered the rezoning request of Mr. Carl Moore for property located at 190 Old Leipsic Road. Mr. Moore requested the rezoning to allow commercial vending on his property during race weekends. Council denied the rezoning request and referred consideration of alternatives that would allow for vendors on residential property located near Dover Downs during race weekends to the Legislative and Finance Committee for further review and recommendation. As a result, during the Regular Council Meeting of July 27, 1998, members of Council considered the establishment of a Commercial Vendor Policy During Race Weekends. However, after much discussion, no further action was taken regarding this matter.
At the Open Forum Segment of the Regular Council Meeting of September 13, 1999, Mr. Michael Malkiewicz of Barros, McNamara, Scanlon, Malkiewicz & Taylor addressed members on behalf of his client, Mr. Carl Moore, requesting that members consider an amendment to the current policy that would allow commercial vending on residential property. He explained that the request is for such an amendment to be limited to Old Leipsic Road, for those properties located immediately adjacent to Dover Downs, and to be permitted six (6) days of the year - Friday, Saturday, and Sunday during Nascar races. It was suggested at that time that a letter be submitted to the Legislative and Finance Committee to consider legislation that would provide the relief as requested. As suggested, Mr. Malkiewicz submitted a letter on behalf of Mr. Moore requesting that the City permit commercial vending on his residential property adjacent to Dover Downs during Nascar events.
During the committee meeting, Mr. DePrima reminded members that during previous consideration regarding this issue, Council agreed with the recommendations of the Planning and Police Departments not to allow commercial vendors on residentially zoned property and took no action to amend City ordinances or to establish a policy. He stated that it has been the practice of Council not to create any special exceptions to the zoning ordinances other than those currently provided and outlined in the Dover Code (i.e. variances, code amendments, and rezoning approval). It was his opinion that such exceptions are unlawful under the Code since they circumvent the formal public hearing process established to allow such changes. Mr. DePrima also noted that it has been the practice of Council to take steps to eliminate any past exceptions that were previously granted. Since there have been no substantial changes in circumstances that would warrant reconsideration, staff recommended that the request be denied.
Addressing committee members, Mr. Malkiewicz stated that a recent survey was conducted which indicated that none of the residents are opposed to Mr. Moore having commercial vendors on his property. He stated that City ordinances allow commercial activities on residential property during race weekend, excluding commercial vendors. Although the City has granted authority for numerous people around Dover Downs to benefit from the race traffic, Mr. Moore has been prohibited from utilizing his property in this same manner. Mr. Malkiewicz felt that allowing commercial vending on Mr. Moore’s property would not cause an increase in vehicular traffic since race fans are parking behind and walking past his property to get to Dover Downs.
Mr. Malkiewicz requested an amendment to the zoning ordinance adopted October 12, 1998 (Article 6, Section 5, paragraph 5.5) to include “Except on Old Leipsic Road, commercial parking does not include parking commercial vehicles for use by commercial vendors and sales representatives”. He stated that this amendment would grant relief to Mr. Moore and the other property owners on Old Leipsic Road.
The committee recommended consideration of an ordinance amendment that would provide an exemption for commercial vendors on Old Leipsic Road during Nascar events to be referred to staff for preparation, without prejudice, and brought back to the committee for their review and recommendation. It was requested that the Police Department be actively involved in the preparation of the amendment.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Leary and unanimously carried.
Request for Tax Abatement - Lowe’s Companies, Inc.
Members considered an application submitted by Lowe’s Home Centers, Inc. for property tax incentive in accordance with Section 19.5-34 of the Dover Code. The request is for a phased-in 10 year tax abatement on their new store located at 1450 N. DuPont Highway Companies, Inc.
During the committee meeting, Mr. Lucas, City Assessor, advised members that although the request meets the spending and hiring requirements of the ordinance, the application was submitted after the permitted time for submission. In accordance with Section 19.5-34(b), “Applications may be made at any time prior to the issuance of a Certificate of Occupancy for the subject property. Applications for tax abatement received after the Certificate of Occupancy for a subject property has been issued will be rejected.” Mr. Lucas stated that the Certificate of Occupancy for Lowe’s was issued November 17, 1999 and that the application for property tax incentives was dated November 23, 1999. Upon being notified that the ordinance specifies that no abatement requests will be honored after a Certificate of Occupancy has been issued, the applicants submitted a letter requesting special consideration due to relying on an outside consulting firm to make all the proper applications.
Mr. Chris Conner addressed members on behalf of Lowe’s and noted that there was a six (6) day difference in the submission of the application and certificate. He stated that Lowe’s Companies, Inc. has 600 stores located in 35 states and rely on an outside consulting firm to make timely applications for property tax abatements and tax incentives. Although the firm was provided with the appropriate information to complete the application, it was not filed on time. Once Lowe’s was informed of the situation, they worked diligently with a new consulting firm to make a timely filing of the application. Lowe’s requested special consideration due to the mishandling of the application process by the outside consulting firm.
Mr. Conner suggested that members consider that the Certificate of Occupancy that was issued was temporary, pending minor finishing work, and that a final certificate will be issued on January 17, 2000, after submission of the application.
Members expressed concern with approving the request, since there would be the possibility of setting a precedent for future applicants.
Mayor Hutchison reminded members that there is a distinct difference between a temporary and a permanent Certificate of Occupancy. Should Lowe’s fail to comply with the conditions of the temporary certificate, the City would have the right to close the building.
The committee recommended approval of the request of Lowe’s Companies, Inc. for tax abatement, based on the fact that it was a temporary Certificate of Occupancy that was issued prior to the deadline for application for tax abatement.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Weller. The motion failed by a roll call vote of four (4) yes, four (4) no (Mr. Leary, Mr. Truitt, Mrs. Malone, and Mr. Christiansen) and one (1) absent (Mr. Pitts).
Mr. Carey moved that a legal opinion be obtained from the City Solicitor regarding the issue of a temporary Certificate of Occupancy versus a permanent Certificate of Occupancy and that the request of Lowe’s be referred back to the committee for further discussion. The motion was seconded by Mr. Lambert.
In response to a point of order called by Mr. Leary, it was suggested that since the committee has submitted a recommendation and action has been taken by Council, this matter is final. Therefore, in order for this matter to be reconsidered by the committee, the applicant would be required to initiate such a request.
$750,000 Water and Sewer Revenue Borrowing
During the last fiscal year, the City completed the replacement of the Leipsic Road sewage pumping station. The City’s 1999 Budget included a loan from the Delaware Water Pollution Control Revolving Fund in the amount of $750,000, which was planned to partially finance this project.
During the committee meeting, Mr. Karia, Finance Director/Treasurer, explained that since the project was completed very quickly, there was not sufficient time to apply for the loan during construction. For this reason, the bills for this project were paid from the Impact Fee Reserve account. The total project cost is $1,563,000, of which an amount of $813,000 would be financed by the City’s Water Sewer Improvement Fund and $750,000 would be financed by a loan from the Delaware Revolving Fund. Mr. Karia indicated that the loan would be for 20 years, at an estimated interest rate of 3.7%, with interest and principal payable every six (6) months beginning August 1, 2000, and will be used to replenish the Impact Fee Reserve account. He noted that water and sewer revenues are pledged for this loan rather than the City’s full faith and credit.
Mr. Karia stated that the City’s Bond Counsel, Potter Anderson and Corroon, has prepared the legal documents at an estimated fee of $6,000. The fees for the State’s bond counsel is estimated at $3,000, which will also be paid by the City.
The committee recommended adoption of a Resolution authorizing the issuance of $750,000 Water and Sewer Revenue Bonds of the City of Dover for the reconstruction and/or replacement of Wastewater Pump Station No. 7 and that the Mayor and Treasurer be authorized to sign all documents related to this borrowing.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Malone and by a unanimous roll call vote (Mr. Pitts absent), the following Resolution was adopted:
A RESOLUTION AUTHORIZING THE ISSUANCE OF
$750,000 WATER AND SEWER REVENUE BONDS
OF THE CITY OF DOVER FOR THE RECONSTRUCTION AND/OR REPLACEMENT
OF WASTEWATER PUMP STATION NO. 7
AND AUTHORIZING ALL NECESSARY ACTION IN CONNECTION THEREWITH
WHEREAS, the City of Dover (the “City”) is authorized pursuant to Volume 52 Delaware Laws Chapter 111, as amended by Volume 57 Delaware Laws Chapter 340, Volume 36 Delaware Laws Chapter 158, as amended, and the City Charter (collectively the “Enabling Acts”) to issue revenue bonds for the purpose of financing improvements to its water and sewer system;
WHEREAS, the Mayor and the Council of the City (the “Council”) have previously approved in the 1998/99 Budget Ordinances a project consisting of the reconstruction and /or replacement of Wastewater Pump Station No. 7, as more fully described in Exhibit A hereto (the “Project”);
WHEREAS, acting pursuant to the Enabling Acts, the City desires to authorize the issuance of its water and sewer revenue bonds to finance or refinance the costs of the Project.
NOW THEREFORE THE CITY OF DOVER HEREBY ORDAINS (AT LEAST THREE FOURTHS OF THE MEMBERS OF COUNCIL CONCURRING HEREIN):
Section 1. Defined Terms. The following defined terms used herein shall have the following meanings:
“Bond Resolution” means the City’s Water and Sewer Revenue Bond Resolution adopted February 27, 1989.
“Gross Revenue” means all fees and charges resulting from provision of water and sewer services (including wastewater collection impact fees), revenue from product sales, and other revenue required to be placed in the City’s Water and Sewer Fund under the Bond Resolution, and any interest earnings on the Water and Sewer Fund which are held in the Water and Sewer Fund; however, Gross Revenue does not include: (a) any payments of assessments levied against benefitted properties; (b) the proceeds of any grants; (c) the proceeds of any borrowing for capital improvements; (d) the proceeds of any casualty insurance which the City intends to utilize for repair or replacement of water and sewer facilities.
“Net Operating Revenue” means the Gross Revenue less the Operating Expenses.
“Operating Expenses” means all expenses incurred for operation, maintenance and repair of the City’s water and sewer system, including but not limited to administrative expenses, financial and auditing expenses, insurance premiums, claims (to the extent monies are not available from proceeds of insurance), taxes, legal and engineering expenses relating to operation and maintenance, payments and reserves for pension, retirement, health, hospitalization, and sick leave benefits, payments to reserve funds, fees due others (including Kent County) for sewer treatment service, and any other similar expenses to be paid to the extent properly and directly attributable to operations of the system. Operating Expenses do not include any reserves for extraordinary maintenance or repair, any allowance for depreciation or any payments of the City for debt service on any existing indebtedness of the City.
Section 2. Amount and Purpose of the Bonds. Acting pursuant to the Enabling Acts, the City shall issue its negotiable obligations in the maximum aggregate principal amount not to exceed $750,000 to finance or refinance a portion of the cost of the construction and equipping of the Project, an estimate of which is appended hereto as Exhibit A.
The monies raised from the sale of the Bonds (including the investment earnings thereon) after the payment of the costs of issuance, shall be expended only for the purposes authorized herein or as may otherwise be authorized by subsequent action by City Council. Authorized purposes include the costs of planning, constructing, acquiring and equipping the Project or any portion thereof; interest on the Bonds and any interim financing during the construction period and for a period of up to one year following the estimated date of completion; the costs of issuance of the Bonds and any interim financing; the repayment of temporary loans incurred with respect to the Project; and the reimbursement of authorized costs previously expended by the City from other funds.
Section 3. Terms of the Bonds. The Bonds shall be sold to the Delaware Water Pollution Control Revolving Fund (the “SRF Fund”) administered by the State of Delaware Department of Natural Resources and Environmental Control pursuant to the terms of its commitment letter dated June 27, 1999 (the DNREC Commitment Letter”), a copy of which is appended hereto as Exhibit B, and the other terms and conditions to be contained in a Financing Agreement between the City and the SRF Fund (the “Financing Agreement”).
Section 4. Security for the Bonds. The principal, interest and premium, if any, on the Bonds shall be payable solely from the City’s Net Operating Revenue which is hereby pledged to secur the Bonds. This pledge is expressly subordinated to the pledge of Net Operating Revenue contained in the City’s Water and Sewer Revenue Bond Resolution adopted February 27, 1989 for the benefit of all obligations issued and to be issued thereunder. The full faith and credit of the City shall not be pledged to pay principal and interest on the Bonds.
Section 5. Rate Covenant. The City covenants that it will fix and collect rates, fees and other charges for the use of and for services furnished or to be furnished by the System, and will from time to time revise such rates, fees and other charges so that in each Fiscal year the Net Operating Revenue available to pay debt service on the Bonds will equal at least the principal and interest requirements for the Bonds. If, for any reason, the revenues are insufficient to satisfy the foregoing covenant, the City shall within ninety (90) days adjust and increase its rates, fees and other charges or reduce its Operating Expenses so as to provide sufficient Net Operating Revenue to satisfy such requirement.
Section 6. Details of the Bonds. The Mayor and City Treasurer are authorized to determine the details of the Bonds including the following: the date or dates of the Bonds; provisions for either serial or term bonds; sinking fund or other reserve fund requirements; due dates of the interest thereon; the form of the Bonds; the denominations and designations of the Bonds; registration, conversion and transfer provisions; provisions for the receipt, deposit and investment of the proceeds of the Bonds; provisions for the replacement of a lost, stolen, mutilated or destroyed Bonds; and provisions for issuing uncertificated obligations and all procedures appropriate for the establishment of a system of issuing uncertificated debt. The Bonds shall be executed by the manual or facsimile signature of the Mayor and City Treasurer, shall contain an impression of the City Seal of a facsimile thereof and shall be attested by the manual signature of the City Clerk.
Section 7. Further Action. The Mayor, the President of the City Council, the City Treasurer, the City Manager and the City Clerk are authorized and directed to take such other action on behalf of the City, as may be necessary or desirable to effect the adoption of this Resolution and the issuance and sale of the Bonds and to provide for their security and to carry out the intent of this Resolution, including the publication of notices and advertisements and the execution and delivery of customary closing certificates.
Section 8. Effective Date. This Resolution shall become effective immediately upon its passage. The City Clerk is hereby directed to publish once in a newspaper published in the City a notice in substantially the following form:
“Notice is hereby given that a resolution entitled as follows:
“Resolution Authorizing the Issuance of $750,000 Water and Sewer Revenue Bonds of the City of Dover for the Reconstruction and/or Replacement of Wastewater Pump Station No. 7" was duly adopted by the City Council of the City of Dover, Delaware on January 24, 2000. Any action or proceeding to contest the validity of said resolution or any of its provisions must be commenced within thirty (30) days after publication of this notice. After expiration of such period of limitation, no right of action or defense founded upon the invalidity of said resolution or any of its provisions shall be asserted, nor shall the validity of said resolution or any of its provisions be open to question in any court upon any ground whatsoever, except in an action or proceeding commenced within such period.
By order of the City Council of the City of Dover.
City Clerk
ADOPTED this 24th day of January, 2000.
CITY OF DOVER, DELAWARE
Attest:
Clerk, Dover City Council President, Dover City Council
APPROVED by the Mayor of the City of Dover on the 25th day of January, 2000.
Mayor
Exhibit A
Description of Project
Wastewater Pumping Station No. 7 Reconstruction/Replacement
Construction of 3,486 linear feet of Gravity Sewer, 2,023 linear feet of 16-inch force main, a new 4.18 MGD wastewater pumping station with appurtenances, abandonment of two existing pumping stations, restoration of all surfaces disturbed by construction and other associated work.
Estimated Costs
Planning and Design$53,000
Construction and Inspection 1,500,000
Financing Costs 10,000
$1,563,000
Firing Range Equipment
The Police Department’s Firing Range needs renovation and upgrading to meet standards. Funding has been provided in this year’s budget for upgrade of the air handling system and associated range equipment in order to complete the project. Placing the range back in service is expected to save several hundred man-hours per year by allowing on-site training to be performed.
The first phase of the project included the upgrading of the air handling system in order to make it environmentally safe, which was previously approved by Council. The final phase is the purchase and installation of range control equipment which involves the installation of a computerized target control system, a target retrieval system, and shooting stall dividers.
In seeking recommended vendors, it was determined that there were only two (2) possible suppliers identified for this highly specialized equipment. Caswell Detroit Armor of Minneapolis, Minnesota, offered the required equipment for $36,191, and Mancom Manufacturing of Dundas, Ontario (Canada) offered a price of $50,735 for similar equipment. Due to the fact that only two (2) recommended vendors have been identified, staff requested that this purchase be classified as a Sole Vendor/Specialty Supplier and recommended that the contract be awarded to Caswell Detroit Armor for the purchase and installation of range control equipment at the price of $36,191.
The committee recommended approval of staff’s recommendation.
Mr. Salters moved to award the contract for the purchase and installation of range control equipment to Caswell Detroit Armor, in the amount of $36,191, as recommended by the committee. The motion was seconded by Mrs. Malone and carried by a unanimous roll call vote (Mr. Pitts absent).
Proposal - Police Motorcycles
The City of Dover Police Department was recently contacted by Mike’s Famous Harley Davidson of New Castle, Delaware, with a proposal to participate in a Police Motorcycle Exchange Program. Chief Faulkner advised members that the program would greatly enhance the motorcycle section of the Police Department. He explained that the Police Department would enter into an agreement with Mike’s Famous Harley Davidson whereby the Police Department would be provided five (5) new police motorcycles annually in exchange for five (5) used motorcycles.
Chief Faulkner stated that during the first year, Mike’s would provide the Police Department with five (5) new police motorcycles in exchange for three (3) 1995 and two (2) 1997 Harley Davidson police motorcycles and $10,176, which would compensate for the older 1995 motorcycles and would not be a factor in the future. The exchange would greatly enhance the image of the motorcycle section by having new motorcycles annually and since the motorcycles are under warranty in the first year of ownership, it will save the Police Department money by eliminating maintenance costs. It will also eliminate the need to purchase motorcycles in the future, saving the City $63,000 under the current five year purchase plan. In addition, this program will eliminate downtime and increase reliability since the motorcycles will always be less than one year old. Chief Faulkner indicated that each year, there will be a cost to the City in the amount of $1,500 for the transfer of equipment from the older motorcycles to the new motorcycles. However, he stated that this cost will be offset by the savings on maintenance costs which exceed $5,400 in less than one year and would continue to escalate as the motorcycles age.
Staff recommended approval of the motorcycle exchange program and to authorize the Chief of Police to enter into an agreement with Mike’s Famous Harley Davidson.
The committee recommended approval of staff’s recommendation.
Mr. Salters moved to authorize the Chief of Police to enter into an agreement with Mike’s Famous Harley Davidson to participate in the Police Motorcycle Exchange Program, as recommended by the committee. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Pitts absent)
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on January 10, 2000 with Chairman Lambert presiding.
Annexation/Rezoning Request - 3282 N. DuPont Highway - First United Pentecostal Church of Dover (Wilmington College)
An annexation and rezoning request was received for property located at 3282 N. DuPont Highway, owned by First United Pentecostal Church of Dover. Mr. DePrima advised members that the sale of this property has been finalized and that Wilmington College is now the owner of the property. The property is currently zoned BG - General Business, RM-H - Mobile Home, and A-R - Agricultural and Residential (Kent County zoning classifications) and is currently used for a school. The proposed zoning is I/O - Institutional/Office (City of Dover zoning classification), the proposed use for the property is to remain as a school.
The City Planner, Mr. DePrima, explained that to the north of this site is Scarborough Road that is in the unincorporated portion of the County. To the east is SR-1 that is zoned A (Agricultural). To the south is property located in the unincorporated portions of the County, including Kentwood Mobile Home Park, which is zoned RMH (Residential Mobile Home) and various businesses, which are zoned BG. The properties to the west and across Route #13 are businesses in the City and zoned C-4 (Highway Commercial). Mr. DePrima stated that the Comprehensive Plan did not contemplate areas outside the boundaries; however, in the general discussion of the Institutional Uses zoning classification, it was recommended that all public school buildings and churches in the residential zone should be changed to the I/O zoning classification.
The Interim Annexation Policy considers the area potentially desirable for annexation. These areas should be considered for annexation after an analysis by staff on the impact on existing City services, facilities, utilities, and fiscal vitality. Also to be considered is the goal of the annexation policy which is to avoid the premature annexation of lands that, if developed, would run counter to the goal directing development toward existing infrastructure, and of not lowering the current levels of services provided to the existing population.
Staff recommended approval of the annexation request. The annexation of an existing school in an urbanized area is in conformance with the Interim Annexation Policy and the Comprehensive Plan. This property is a very visible part of the gateway into the City from SR-1 and Route #13 North. Having this property developed under the guidelines of the City would help insure that it maintains a very high quality appearance.
Considering the above, Mr. DePrima advised members that the Planning Commission recommended approval of the annexation with a zoning classification of I/O.
Responding to Mr. Lambert, Mr. O’Connor reiterated that it has been agreed that the City will not extend water and sewer services to the property. Should the owners wish to obtain these services from the City, they will be required to extend their lines.
The committee recommended approval of the Planning Commission's recommendation for annexation of property located at 3282 North DuPont Highway, with a zoning classification of I/O (Institutional and Office).
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mrs. Malone and unanimously carried.
Acceptance of Dedication of Rights-of-Way and Utilities - Maggies Way (Bryan Business Park)
The developer of the Bryan Business Park has requested that the street and utilities be accepted for maintenance and ownership by the City of Dover. Members were provided a map depicting the general location and configuration of the subject rights-of-way. After construction was completed, City staff inspected the public improvements and provided the developer with a list of repairs to be made to meet City standards and specifications. All work has been completed and a one year maintenance agreement and bond, and a release of liabilities have been submitted by the developer. The developer has also provided as-built drawings for City records. The following is a list of all public improvements which are to be accepted:
Utilities
8” PVC Sanitary Sewer Main - 410 l.f.
6” PVC Sanitary Sewer Laterals - 215 l.f. (5 laterals)
4’ Diameter Sanitary Sewer Manholes - 2 each
10” Ductile Iron Water Main - 840 l.f.
8” Ductile Iron Water Main - 110 l.f.
6” Ductile Iron Water Main - 35 l.f.
10” Gate Valves - 2 each
8” Gate Valves - 5 each
6” Hydrant Valves - 2 each
Fire Hydrants - 2 each
Roads
Maggies Way - Station 0 + 00 to Station 4 + 80
It was noted that the dedication excludes the private pump station on the property.
Staff recommended acceptance of the dedication of the Bryan Business Park Subdivision with the above referenced public improvements to be included in the acceptance of the dedication.
The committee recommended approval of staff’s recommendation.
Mr. Lambert moved for acceptance of the dedication of the Bryan Business Park Subdivision with the above referenced public improvements to be included in the acceptance of the dedication, as recommended by the committee. The motion was seconded by Mrs. Malone and carried by a unanimous roll call vote (Mr. Pitts absent).
Bid - Boring for Electric Utility at Various Locations Throughout the City
The City’s electric utility has an ongoing program in which overhead lines are converted into underground lines. This conversion to underground lines increases the reliability of service and voltage for our residential, business, and institutional customers. The electric distribution lines are put underground through directional boring. The boring work is contracted out by the City.
Mr. O’Connor stated that the current contract for boring ended on December 31, 1999. Bids for directional boring at various locations in the City, based on the cost per foot for boring, were solicited for the period of January 25, 2000 through June 30, 2003. The sole bid was received from Joseph R. Smith, in the amount of $7.75 per linear feet for a 2” single bore with a minimum 100 feet per location. Although the City typically uses 2” bore, charges for other sizes and quantities were provided to members.
Staff recommended awarding the contract to Joseph R. Smith, Inc. for directional boring at various locations in the City for an amount not to exceed $350,000, in accordance with th