SPECIAL UTILITY COMMITTEE

A Special Utility Committee Meeting was held on June 3, 2004, at 6:30 p.m. with Chairman Carey presiding. Members present were Mr. Ruane, Mr. Sadusky, Mr. Snaman, and Mr. Cregar. Councilman Pitts was also present.

Agenda Additions/Deletions

Mr. Sadusky moved for approval of the agenda, seconded by Mr. Ruane and unanimously carried.

Acceptance of Land Dedication of Unimproved Right-of-Way - Luther Village

Mr. DePrima advised members that the Martin Luther Foundation of Dover, owners and operators of Luther Towers, received approval for Luther Village, a new senior citizen development to be located on the northwest portion of land formerly known as the John Hunn Brown property behind the existing Target and Safeway stores. The Village will consist of over nine buildings and will be accessed by an extension of Babb Drive. Luther Village has been approved by the Planning Commission.

The Martin Luther Foundation of Dover wishes to fund the extension of Babb Drive using Community Transportation Funds from local legislators. To use these funds, it is necessary to accept the dedication of the land prior to construction of the street. This is very similar to the right-of-way dedication done for the Kent County Administration service road in the summer of 2003. The City of Dover will not be responsible for funding of the street. The Martin Luther Foundation of Dover has a contractor already selected for the construction of the Village, including the extension of Babb Drive. It shall be the burden of the Martin Luther Foundation to secure DelDOT’s approval for the use of Community Transportation Funds for its selected contractor. Mr. DePrima noted that no city funds would be expended on the road.

Referring to the letter dated December 29, 2003 from Mr. Scott Koenig, Public Works Director, to Mr. Rob Clemens of DelDOT, Mr. Ruane questioned whether or not negotiations between Luther Towers and the developer had occurred. Mr. DePrima stated that those negotiations were no longer relevant.

Mr. Robert Bunnell, Executive Director of Luther Towers, was present to answer questions.

Staff recommended the acceptance of the dedication of the right-of-way with the following conditions:

1.         Prior to final recordation of the record plan, the Martin Luther Foundation of Dover shall re-secure legislator commitment letters for construction of the proposed road segment shown on the approved site plan and secure DelDOT approval of its contractor selection process as meeting State bidding requirements. As an alternative, the Martin Luther Foundation may re-bid the project through the City of Dover Street Program; and the Martin Luther Foundation shall be responsible for securing any additional funding that may be necessary to complete the process.

2.         If the City later determines that the same public purpose for which this dedication was required no longer exists, it shall re-convey the property to the original owners or to the owners’ successor in interest except for all or any portion of the property that is required for that same public purpose or for public utilities.

Mr. Ruane moved to recommend approval of staff’s recommendation, seconded by Mr. Sadusky and unanimously carried.

Mr. Sadusky moved for adjournment, seconded by Mr. Snaman and unanimously carried.

Meeting Adjourned at 6:50 P.M.

                                                                                    Respectfully submitted,

                                                                                    Carleton E. Carey, Sr.

                                                                                    Chairman

CEC/tam

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