REGULAR COUNCIL MEETING

The Regular Council Meeting was held on December 12, 1994 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Weyandt, Mr. Salters and Mr. Hare.

Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Baker, 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.

Mrs. Rexene Ornauer of 17 Mifflin Road addressed members of Council relative to a workshop held by DelDOT on the proposed widening of Dover-Kenton Road and the installation of traffic lights at the new fire station. Mrs. Ornauer stated that although she has no objections to the proposed plans, she was very concerned that the project does not include the installation of sidewalks. Mrs. Ornauer also suggested that the power lines in front of the fire station be installed underground to eliminate any possible interference with equipment. She suggested that the City Council inquire into these concerns to ensure coordination of the proposal between the City and State.

Referring to a proposal to create a Sunset Committee to review City ordinances, Mrs. Ornauer stated that "sunset provisions" normally mean that after a certain period of time, the ordinance is null and void. She reminded members that it is very easy to lose track of when an ordinance has expired which can have extensive legal ramifications. She suggested that rather than having sunset provisions on ordinances, that City Council initiate a periodic review of ordinances.

Mr. Mike Chapman of 863 Schoolhouse Lane addressed the concept of a municipal swimming pool. He stated that the City of Salisbury is planning an indoor swimming pool along with their Community Center. He suggested that the City of Dover consider something similar to what Salisbury is doing. Council President Christiansen reminded Mr. Chapman that he has been designated as a member of the newly created committee to consider recreational swimming alternatives and that he would have an opportunity to discuss his suggestions with other committee members in the very near future.

The invocation was given by Elder Dixon, followed by a Christmas poem offered by George Frick and the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Leary requested the addition of an agenda item (#1A) to address the East Lake Gardens issue. Mr. Weyandt moved for approval of the agenda as amended, seconded by Mr. Leary and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 28, 1994

The Minutes of the Regular Council Meeting of November 28, 1994 were unanimously approved by motion of Mr. Weyandt, seconded by Mrs. Malone and bore the written approval of Mayor Hutchison.

EAST LAKE GARDENS/EAST LAKE PARTNERS - APPEAL OF COURT DECISION

Mr. Leary moved to table any action at this time on the matter of an appeal of the Court decision on the East Lake Partners suit for development of land located adjacent to East Lake Gardens. The motion was seconded by Mr. Weyandt and carried with Mr. Lambert voting no and Mrs. Malone and Mr. Pitts abstaining.

RESOLUTION - LOW INTEREST LOAN PROGRAM - MAIN STREET, INC.

By motion of Mr. Lambert, seconded by Mr. Leary, Council unanimously adopted the following Resolution:

WHEREAS, Main Street Dover, Inc., is an organization dedicated to the revitalization of Downtown Dover; and

WHEREAS, in cooperation with Main Street Dover, Inc., four local lending institutions have joined together in a Low Interest Loan program to stimulate economic growth and preserve the heritage of Downtown Dover through an aggressive lending policy that will offer low interest loans to eligible participants for renovations to properties located within the Central Business District; and

WHEREAS, Mellon Bank, The First National Bank of Wyoming, Delaware Trust and PNC have joined as partners in progress with Main Street Dover, Inc. and interested organizations in providing an affordable avenue for those interested in improving their properties and helping to achieve our quest for revitalization of our downtown area by offering low interest (4%) loans to eligible participants.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover commend Mellon Bank, The First National Bank of Wyoming, Delaware Trust and PNC for participating in the loan program and convey appreciation to Main Street Dover, Inc. for their continued efforts in the revitalization of our downtown business district.

ADOPTED: December 12, 1994

RESOLUTION - WALTER L. FOX REMEMBRANCE DAY

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

WHEREAS, on October 9, 1918, Walter L. Fox, Jr. died on a battlefield in France, becoming the first Delawarean to die in World War I; and

WHEREAS, although he was buried in France, in 1921 his body was exhumed and brought back to his home on Governors Avenue and he was then buried in Camden, Delaware; and

WHEREAS, although the Badge of Military Merit, later known as The Purple Heart, was established in 1782, it fell into disuse until it was reinstituted by President Franklin Roosevelt in 1932; and

WHEREAS, feeling that Walter L. Fox, Jr., who served his country with honor and courage, was deserving of the most prestigious honor as The Purple Heart, American Legion member Ray Landon worked diligently for over a year to have a Purple Heart Award posthumously awarded to Walter L. Fox, Jr.; and

WHEREAS, on December 12, 1994, the Purple Heart Award will be posthumously awarded to Walter L. Fox, Jr. and will be presented to the American Legion Post in Dover, named in his honor, where it will be on display for all to enjoy.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover that December 12, 1994 be known as WALTER L. FOX, JR. DAY in the City of Dover in recognition of his honor and courage on behalf of his fellow Americans and to ensure that his heroic deeds in the Argonne Forest during World War I are never forgotten.

ADOPTED: December 12, 1994

The Resolution was presented by Councilman Lambert and Mayor Hutchison to Mr. Ray Landon, who worked very hard in accomplishing the presentation of the Purple Heart Award. He assured members of Council that the Resolution will be shared with members of the American Legion.

PUBLIC HEARING/FINAL READING - PROPOSED ZONING TEXT AMENDMENTS

A public hearing was duly advertised for this time and place to consider adoption of zoning text amendments. The first reading of the proposed ordinances was accomplished during the Council Meeting of November 28, 1994. Mr. Leary moved for acknowledgment of the final reading of the proposed amendments to (a) the Zoning Code - Article 5, Section 17 - Emergency Access Requirements; and (b) Land Subdivision Regulations - Article VI, Sec. A - General Requirements and Design Standards - Streets. The motion was seconded by Mrs. Malone and unanimously carried.

Council President Christiansen declared the public hearing open.

Mr. Tom Burns of Burns & Ellis Realtors addressed Council on behalf of the Kent County Association of Realtors and affiliated groups such as local engineers, surveyors and developers. He expressed appreciation to the City for the cooperative atmosphere surrounding the creation of the ordinances and for allowing them to participate. Mr. Burns stated that it is their goal to streamline the process while ensuring the health and safety of our residents as future growth of the City occurs. He offered the following constructive comments relative to the ordinances:

Section 17 - paragraph 4(b), refers to paragraph (e) and should refer to paragraph (d). Mr. DePrima concurred that this change should be made, feeling that it was a simple typographical error.

Referring to paragraph 2, Waiver, Mr. Burns asked for specifics on the criteria of a waiver. Although the ordinance has a provision for a waiver, Mr. Hare referred to a memorandum submitted by some members of Council suggesting that the provisions of a waiver from the ordinance come under the jurisdiction of City Council rather than the Planning Commission.

Referring to paragraph 4(c), Mr. Burns stated that it references figure 17-1 which was not a part of their package. Mr. DePrima stated that figure 17-1 is in the process of being drafted.

Mr. Burns stated that paragraph 5(a) references the rear access requirements on the matrix, and it seems confusing that on the "2-3 story apartments" there are two sections checked. Mr. DePrima explained that when there is more than one category checked on the matrix, the developer may choose to follow the option of their choice. Asked by Mr. Burns how the ordinances would address 2-3 story hotels, Mr. DePrima stated that ordinances address only residential types of structures. A two to three story hotel would follow the requirements of the Fire Code. On paragraph 5(b), Mr. Burns asked how it relates to certain restrictive zonings, such as CP-0 and RG-0 and since the parcels in these zones typically are small, if the main street could serve as the fire lane. Mr. DePrima stated that the ordinance allows for many options, as well as the provision for a waiver, which should cover all variables. He emphasized that each application would have to be considered on its own merits since conditions surrounding a parcel will vary, depending on location, density, etc.

Referring to the Land Subdivision Regulations, Article VI, paragraph 8, Mr. Burns questioned the last sentence where it states "In no instance shall 150 lots or dwelling units be created without at least two connections to existing streets". He suggested that the provisions be amended to "encourage" at least two connections to existing streets, rather than "requiring" the two connections. Mr. Burns explained that there are times when other mandates, such as DelDOT requirements, do not permit the developer to meet the requirement. Mr. DePrima reminded Mr. Burns that the ordinances have waiver provisions and that mandated limitations would be considered when determining the need for a wavier.

Referring to paragraph 15 (Dead-end streets), Mr. Burns stated that DelDOT allows for 500,000' (depending upon the density of the development) and the State Fire Prevention Regulations require dead-end streets longer than 300' be provided with a turn around cul-de-sac. He suggested that the ordinance be amended to either meet the requirements of the State Fire Prevention Regulations or to change the words "shall not be longer than 400 feet" to read "shall be discouraged from exceeding 400 feet". Mr. Burns stated that although his organization discourages dead-end streets, there are instances where it cannot be avoided. He felt that his suggested change would save time in such instances so that a variance from the Board of Adjustment would not be necessary.

Mr. DePrima stated that the current ordinance mandates the "400' length" and the committee chose not to change the language. Also, this is not a matter that would be brought before the Board of Adjustments, but would be considered by Council as a waiver under the Subdivision Regulations.

There being no one else wishing to speak during the public hearing, Council President Christiansen declared the public hearing closed.

Mr. Hare moved for approval of the ordinances, with the language of Section 17(2) - Waiver, to be amended as proposed in a memorandum to City Council. The motion was seconded by Mr. Salters. Regarding suggestions made by Mr. Burns, Mr. Hare suggested that the Planning staff review the suggestions and if it is felt that further changes are necessary, the matter be brought back for revisions. By a unanimous roll call vote, Council adopted the following ordinances:

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

Amend Article 5 of Appendix B, Zoning, of the Code of Ordinances by creating a new Section 17 as follows:

"Section 17. Emergency Access Requirements.

1)    General Purpose

The purpose of this section is to establish standards and requirements for the fire protection of structures and inhabitants by providing emergency vehicle access to structures that enable the City of Dover Bureau of Fire to approach and attack fires in such a way that there is a reduced threat to the lives and safety of citizens.

2)    Waiver

Should the planning commission determine after demonstration by an applicant that alternative means of fire protection can be provided which are equivalent to or greater than the public safety protection provided by this ordinance then the planning commission may recommend to City Council to waive certain provisions of this ordinance that are not required under other city or state laws.

3)    Fire Lanes

       a)  Primary and secondary fire lanes shall be provided with all new construction in accordance with the requirements of the State of Delaware Fire Protection Regulations and in accordance with the provisions of this Ordinance. Where the State of Delaware Fire Protection Regulation conflicts with the provisions of these regulations the more stringent regulation shall prevail.

       b)  The owner of record of the property containing any primary or secondary fire lane shall be responsible for proper maintenance of such fire lanes in accordance with the provisions of the State of Delaware Fire Protection Regulations and all applicable regulations of the City of Dover.

       c)  In general, every building, other than one (1) or two (2) family dwellings and permitted accessory buildings, shall be constructed so that 100 % of one of the longest sides shall be accessible from a primary fire lane.

       d)  Structures with four stories or more shall have access on all sides. Fifty (50) percent of the building or more shall be perimetered by a primary fire lane. Areas between the building and the Fire Lane may be landscaped or used for parking.

4)    Subgrade Emergency Access Lanes

       a)  A subgrade emergency access lane is designed to provide emergency vehicle accessibility in lieu of paved, hard-surfaced fire lanes where permitted under Sub-section 5 (a) of this Section. A Subgrade Emergency Access Lane shall not be substituted for a required secondary fire lane.

       b)  All subgrade emergency access lanes shall be established at a minimum width of 18 Feet and shall be setback from all building walls in accordance with the Delaware State Fire Protection Regulations. The Planning Commission may waive the 18 foot width requirement when demarcation is enhanced beyond the standards set forth in paragraph (d) below.

       c)  All subgrade emergency access lanes shall be constructed on a level sub-grade compacted to at least 2,000 pounds per square foot. The compacted sub-grade shall be overlaid with 3-4 inches of compacted crusher run (CR1-2.5") underneath 4 inches of compacted crusher run (CR6-1.5") to form a compacted sub-base. The compacted sub-base shall be covered with at least 4 inches of topsoil and shall be graded and seeded or sodded. (See Figure 17-1)

       d)  All subgrade emergency access lanes shall be designated and identified by shrub plantings, fencing, signage or any combination of materials to adequately delineate such access way subject to approval by the City of Dover Fire Marshal. When shrub plantings are to be used for lane demarcation, such plantings shall be evergreen and of a columnar, upright form with tight branching habit. Shrub planting selection shall be subject to final approval by the City Planner. Demarcation shrub plantings shall be spaced no greater than 40 Feet on center on straight sections of access lane and no greater than 20 Feet on center on curved sections.

       e)  All subgrade emergency access lanes shall be maintained free of obstruction. The placement of fences, buildings, landscaping, gardens, play equipment or any other form of obstruction shall be prohibited from placement within the boundaries of subgrade emergency access lanes. The area reserved for emergency access lane shall be subject to all property maintenance ordinances of the City of Dover including those governing grass cutting, and landscape maintenance. Violations are punishable as misdemeanor offenses under the applicable ordinances of the City of Dover.

        f)   At points of access to subgrade emergency access lanes there shall be provided an adequate curb depression of at least 24 Feet in width. Such access points shall be designated as restricted use and controlled by signage, pavement marking, gates or fencing to prevent the use of such lane for purposes other than emergency vehicle access. The methods employed to ensure controlled access shall be reviewed, approved and inspected by the Fire Marshal on a case by case basis prior to the issuance of a Certificate of Occupancy for associated buildings.

5)    Rear Access Requirements

       a)  Emergency access to rear building areas shall be provided for various residential dwelling types in accordance with the following matrix:

R E A R A C C E S S R E Q U I R E M E N T S

                  1.   A Fire Protected Townhouse means the individual units are separated by an NFPA approved Fire Barrier and alternating pattern of non-combustible exterior siding separating combustible exterior siding.

                  2.   An Open Rear Yard means an open yard area of at least 16 feet in width that must be maintained between townhouse buildings which back up to each other. Within this Open Rear Yard, the placement of structures, fences, landscaping or any other obstruction shall be prohibited. Remaining yard areas may be enclosed by fencing and used for the placement of accessory structures provided that such fencing shall be limited to 4 feet in height and structures limited to no more than one (1) shed not greater than 10' x 10'.

             b)       In general, every structure other than the residential dwelling covered in Sub-section 5(a) above, shall be constructed so that 100 % of the longest side of a building, other than the side which is being constructed to meet the requirements of Sub-section 3(c), shall be accessible from a primary or secondary fire lane or subgrade emergency access lane of at least 18 Feet in width when a fire lane is not required."

ADOPTED: December 12, 1994

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

Amend Article VI, Section A of Appendix A, Land Subdivision Regulation of the City of Dover Code of Ordinances by deleting Sub-sections 1(c), 2.,1.,8.,15, in their entirety and by creating a new Sub-Sections to read as follows:

ARTICLE VI. SUBDIVISION - GENERAL REQUIREMENTS AND DESIGN STANDARDS

1.(c) Proper relation and connection with, continuation and projection of streets to adjacent areas; whether these streets are existing, or proposed in another subdivision, in a neighborhood plan, in the development plan, or in the official map, as approved or adopted by the commission. Where existing or proposed streets are not located on adjacent land then the Planning Commission shall require street extensions at points in which the Commission determines are suitable for future connections to adjacent developable lands on each side of the development.

2. The layout of proposed streets shall furthermore be arranged in a manner acceptable to the commission so that vehicle safety, pedestrian convenience, emergency vehicles access, and ease of traffic flow for private vehicles and public service delivery vehicles is accomplished.

8. The creation of interconnected streets will be encouraged wherever the commission finds that such layout will not interfere with traffic convenience and safety. The commission shall determine the number of connections of streets in the proposed subdivision with existing streets. At least two (2) such connections shall be provided except where a proposed subdivision only contains one (1) dead-end street. In no instance shall 150 lots or dwelling units be created without at least two connections to existing streets.

15. Dead-end streets shall be discouraged unless determined to be necessary to access the property due to its size, shape, or width. When determined to be necessary dead-end streets, designated to be so permanently, shall not be longer than four hundred (400) feet and shall be provided at the closed end cul-de-sac with a turnaround having an outside roadway diameter of eighty (80) feet and a street right-of-way diameter of one hundred (100) feet. In no instance shall more than 20% of the lots in a proposed development front on the turn-around section of a cul-de-sac.

ADOPTED: December 12, 1994

LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee Finance Committee met on November 29, 1994 with Chairman Salters presiding.

Proposed Bond Ordinances

During their meeting of October 10, 1994, members of Council tabled action on the approval of Section 11-8, License Application (Bond Requirements), to allow time for changes to the proposal. After meeting with interested parties and representation of the Home Builders Association, a new Section 5-20 (New Home Warranties) was prepared by the City Solicitor and placed on the Council agenda of November 14, 1994 for approval of the first reading of the ordinance. After much discussion, it was agreed that since Section 5-20 was an entirely new ordinance, it should first be reviewed by the Legislative and Finance Committee Finance Committee. Council tabled action on the proposed amendments to Sections 5-20 and 11-8 for further review.

Mr. Salters moved to remove the matter from the table, seconded by Mr. Leary and unanimously carried. Mr. DePrima briefed members on the requirements of the proposed bonding ordinance. Contractors that are required, under state law, to possess a bond have been exempted. At the request of the Home Builders Association, a contractor shall be exempt from the bond requirement if the contractor's work is exclusively new home construction that is covered by a New Home Warranty as provided in the proposed new ordinance, Section 5-20. The committee discussed the proposed ordinances at length.

After much discussion, the committee recommended approval of the ordinances with an effective date of March 31, 1995; however, the motion failed by a roll call vote of two yes and two no.

Mr. Weyandt moved for approval of the proposed amendments to Section 5-20 and 11-8, seconded by Mrs. Malone. Although he does not feel that the ordinances are a perfect solution, Mr. Lambert felt that they would do more good than harm. Mr. Tudor reminded Council members of the many problems associated with the ordinances, which he has detailed in previous meetings.

On a call for the question on the motion by Mrs. Malone, the motion to approve the proposed ordinances and to acknowledge the first reading by title only, failed by a vote of five (5) no (Mr. Tudor, Mr. Leary, Mr. Pitts, Mr. Salters and Mr. Hare) and four (4) yes (Mr. Lambert, Mrs. Malone, Mr. Weyandt and Council President Christiansen) .

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

UTILITY COMMITTEE REPORT

The Utility Committee met on November 29, 1994 with Chairman Lambert presiding.

DNREC Required Investigative Work

In June 1993 the City of Dover was ordered by DNREC to prepare a work plan for an environmental investigation of the groundwater at McKee Run Generating Station and soil sampling at St. Jones, Frazier, and College Road substations. Additionally, in November 1994 DNREC directed the City to prepare a work plan for investigation of possible soil contamination at Frazier Pit.

J.C. Anderson Associates (JCA) of Dover was retained to prepare the work plan for the investigations at McKee Run and the three substations. In October 1994, DNREC notified the City that the work plan was acceptable and directed the City to implement the work plan.

The directive from DNREC for the Frazier Pit investigation requires the City to submit within 30 days: a) the name and qualifications of the consultant who will be developing the work plan, and b) the laboratory that will be used to perform the analysis. They also require, within 45 days, comprehensive and detailed comments about the draft consent decree. JCA's knowledge of the site and background of the issues will prove to be a major asset in satisfying DNREC concerns and questions. As the preparer of the original work plan, JCA is also in a position to expedite the project to an acceptable conclusion. Therefore, to provide continuity during the investigation and reduce the duplication of efforts, the City staff will retain JCA to perform this investigation.

The approximate expenses for the three projects are as follows:

             McKee Run groundwater monitoring                       $ 32,000.00

             Substation soil sampling                                           $ 60,000.00

             Frazier Pit work plan                                                $ 45,000.00

                                                                                                $137,000.00 

These cost estimates include all work required for compliance, which includes the installation of monitoring wells, sampling, laboratory analysis, and professional services. There may be additional expenses for McKee Run and the substation if a contamination problem is detected. There will be additional expenses for the actual investigative work at Frazier; however, because of the complexity of the issue, at this time it is impossible to estimate what those additional expenses will be.

Mr. O'Connor explained to members that the $137,000 is based on a preliminary estimate on the requirements that have been received from the State of Delaware which are effective this date.

The $137,000 is based on an estimate of what needs to be done as of this date and is only based on the documents that have already been received on those sites. The laboratory and engineering firms have to be approved by DNREC as eligible candidates to be able to perform this type of work.

The committee recommended acceptance of staff's recommendation to approve the expenditures of approximately $137,000 to JCA and Envirotech Research for the three projects.

Mr. Lambert suggested that we carefully scrutinize any further requirements that are placed upon the City to ensure that they are fully justifiable.

Referring to previous discussion on the possible sale of the land, Mr. O'Connor reminded Council that the value of the land will dramatically change once the City has expended these funds.

Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Hare. Prior to voting on the motion, Mr. Lambert clarified that should the amount exceed $137,000, Council review and approval will be necessary. The motion was approved by a unanimous roll call vote.

Replacement of Underground Cable on McKee Road

The existing cable at McKee Road is too small in size to supply today's needs. The cable is also approximately 20 years old and is starting to fail. Bids were solicited for replacement of the underground cable and all materials will be supplied by the City of Dover at a cost of $30,000. Design and specifications were also prepared by the City.

Responding to Mr. Leary, Mr. O'Connor stated that the project should be completed within 60 days, weather permitting. The life of the cable is projected to last up to 25 years. (It was noted that the cable currently being replaced in Fox Hall lasted 20-25 years.)

The committee recommended that a purchase order be submitted to Pepper Electric Company for the sum of $12,879.00.

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

East Dover Hundred Tax Ditch

The committee considered a letter from the managers of the East Dover Hundred Tax Ditch requesting that the City assume responsibility of management and maintenance of the ditch. This tax ditch was organized when the area was completely outside City limits. Since that time, the bulk of the drainage area has been annexed, and much of the area developed. There are two other tax ditches maintained by the City (White Oak Tax Ditch and McKee Run Tax Ditch).

During preliminary discussions, City staff stated that acceptance would be conditional upon:

       1) An inspection of the tax ditch and any deficiencies identified would be brought to current standards. (The inspection would be by the City, Tax Ditch Association, and the State Regulatory Agencies).

       2) Any funds remaining in the treasury following completion of work identified in the inspections shall be turned over to the City. (These funds have been collected from property owners in the drainage basin).

City staff recommended acceptance of the management responsibilities for the East Dover Hundred Tax Ditch providing that the two conditions set by the City are approved by the Tax Ditch Association.

The City Manager informed members that the tax ditch is maintained by the Tax Ditch Association which is made up of property owners that surround the tax ditch. The money that has been received from the affected property owners is maintained in a bank account, which has a current balance of $11,600. The City currently has no responsibility of maintenance for any portion of the tax ditch.

Responding to Mr. Hare, Mr. O'Connor stated that if the City were to accept responsibility for maintenance of the entire tax ditch, the current ditch tax on all properties can remain intact or the tax may be removed altogether. All ditch taxes are collected as a part of the property taxes for Kent County. Ditch taxes are transferred to the tax ditch association on an annual basis. If the City accepts responsibility for the tax ditch, the City of Dover would become both the manager and responsible maintenance entity. If, in the future, the City's maintenance expenses exceed the ditch tax revenues, the tax may be increased; however, an increase must be voted upon by the landowners. Such a vote would take place at the annual tax ditch meeting.

Mr. Leary relayed his concern with the cost of maintaining the ditch if the City were to take responsibility and suggested that this item be tabled until further information can be obtained on the estimated costs of the proposal. Responding to Mr. Leary's concerns, Mr. O'Connor stated that if the ditch is brought up to standards prior to acceptance, it would be 10 to 12 years before any extensive maintenance would be required.

The committee recommended that the management responsibilities for the East Dover Hundred Tax Ditch not be accepted by the City of Dover until all properties bordering the tax ditch are within the City limits.

Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Weyandt and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Leary).

Unit #3 Burner Addition

State regulations require the reduction of NOx emission rates from the McKee Run Unit #3 boiler. A reduction plan was submitted to the State and was found to be acceptable. Among the actions identified in the NOx reduction plan was the addition of a ninth burner in the Unit #3 boiler. The addition of the ninth burner will lower the mass flame center in the furnace and provide flexibility for biasing burner row firing rates to help reduce thermal