SPECIAL UTILITY COMMITTEE
A Special Utility Committee Meeting was held on May 19, 2003, at 5:00 p.m. with Chairman Ruane presiding. Members present were Mr. Carey, Mr. Ritter, Mr. Lambert, and Mr. Farling. Others present were Mr. McGlumphy, and Mr. Salters.
AGENDA ADDITIONS/DELETIONS
Mr. DePrima requested the addition of item #7 - Update on Water Flushing Schedule.
Mr. Ritter moved for approval of the agenda, as amended, seconded by Mr. Carey and unanimously carried.
WAIVER REQUESTS - LUTHER VILLAGE PLANNED NEIGHBORHOOD DESIGN (SENIOR CITIZEN HOUSING OPTION)
Mr. Jorgenson, Director of Planning and Inspections, advised members that the Luther Village Plan encompasses nine (9) development phases with eight (8) apartment buildings and a town center building. The project consists of a total of 524 units and the associated road system, parking, open space, and stormwater management areas. This Site Plan is for Phase 1 of the project. Each phase typically consists of an apartment building, associated parking lots, stormwater management elements, active recreation areas such as, walking trails and open space landscaping. The total area for the Luther Village project is 34+/- acres.
The application for Luther Village Phase I includes three subdivision waiver requests as follows:
Public Street Frontage and Building Setbacks
The applicant of Luther Village has submitted a request for a waiver from the City of Dover Subdivision Street Design Requirements set forth in the Land Subdivision Regulations (Dover Code, Appendix A, Article VI, Paragraph E, Section 5 and Appendix B, Article 4, Section 4.10). Specifically, the applicant has requested a waiver from the requirement that the lot have public road frontage and a waiver from the building setback distances from property lines to allow for minor subdivision of the Phase I building area.
The Planning Commission reviewed the proposed public street frontage and building setback waiver requests as part of its review of the Conceptual Subdivision Plan for Luther Village Phase I and recommended approval of the waiver as requested.
Responding to Mr. Lambert, Mr. Jorgenson explained that there is considerable road frontage for the entire tract of land consisting of 34+/- acres; however, this minor subdivision, consisting of 2.31 acres, has no road frontage. He noted that access to the public right-of-way would be provided as the property develops.
Mr. Ruane moved to recommend approval of the requested waiver from the requirement that the subdivision lot provide public road frontage and the waiver from the building setback distances from property lines to allow for minor subdivision of the Phase I building area for the Luther Village Subdivision, as recommended by the Planning Commission. The motion was seconded by Mr. Carey and unanimously carried.
Right-of-Way and Paved Street Width Reduction
The applicant of Luther Village has submitted a request for a waiver from the City of Dover Subdivision Street Design Requirements set forth in the Land Subdivision Regulations (Dover Code, Appendix A, Article VI, Section A). Specifically, the applicant has requested a waiver from the minimum street pavement width requirement of thirty-eight (38) feet to permit a pavement width of twenty-four (24) feet on Babb Drive. The Plan proposes to reduce the right-of-way width of sixty (60) feet to fifty (50) feet for Babb Drive.
The Planning Commission reviewed the proposed street width waiver request as part of its review of the Conceptual Subdivision Plan for Luther Village Phase I and recommended approval of the requested waiver from a thirty-eight (38) foot paved width requirement for the Babb Drive, to permit a paved width of twenty-four (24) feet and the waiver to reduce the right-of-way from sixty (60) feet to fifty (50) feet.
In formulating this recommendation, the Commission considered the following:
• Reducing the pavement width of streets as proposed provides several benefits, including reduced impervious cover, less stormwater runoff, reduction in design speed and resultant travel speeds, increased pedestrian safety, and reduced construction costs. Reducing the design speed on low volume local residential streets is usually seen as desirable for the community. Reduced pavement width also equates to reduced maintenance costs. Maintenance costs are a concern as the proposed streets are to be dedicated as public streets with the City of Dover ultimately responsible for long term maintenance.
Mr. Ritter expressed concern that, once the site is developed, a twenty-four (24) foot street would not be adequate to serve the site. Mr. Jorgenson stated that there is adequate right-of-way to provide for the widening of the road. Mr. Keith Kooker of Landmark Engineering stated that he anticipated that if no driveways were proposed to exit onto Babb Drive, the City would prefer that the street width remain at twenty-four (24) feet.
Mr. Jorgenson assured members that the application was reviewed by the Development Advisory Committee and nothing in their review indicated opposition to the reduced pavement width. He noted, however, that this would probably be the last request for a twenty-four (24) foot paved width that would be supported by the Planning Department. Mr. Jorgenson indicated that the Fire Chief has expressed a desire for at least twenty-eight (28) feet of paved roadway to accommodate vehicle movements. Mr. Kooker stated that they have performed a computer generated simulation to determine the turning radius and all of the vehicles, including the largest fire truck, would be able to access the site.
Mr. DePrima, City Manager, informed members that Babb Drive was originally intended to be a “back door” into the John Hunn Brown tract and a service road for the commercial development, with the main entrances being off of South Little Creek Road and North Little Creek Road. A twenty-four (24) foot connector road, approximately one (1) or two (2) lots in length, connected to a ring road was proposed to access the residential development. Mr. Kooker stated that the ring road is proposed to be thirty (30) feet wide.
After much discussion, it was the consensus of members that a twenty-eight (28) foot paved width would be preferable to a twenty-four (24) foot paved width.
Mr. Ritter moved to recommend approval of the request for a waiver from the required thirty-eight (38) foot paved width requirement for Babb Drive, to permit a paved width of twenty-eight (28) feet and the waiver to reduce the right-of-way from sixty (60) feet to fifty (50) feet. The motion was seconded by Mr. Carey and unanimously carried.
Lexington Woods Subdivision - Right-of-Way and Paved Street Width Reduction
The applicant of Lexington Woods Subdivision has requested a waiver from the City of Dover Subdivision Street Design Requirements set forth in the Land Subdivision Regulations (Dover Code, Appendix A, Article VI, Section A). Specifically, the applicant has requested a waiver from the minimum street pavement width requirement of thirty-eight (38) feet to permit a paved width of thirty-two (32) feet for all streets in the subdivision. The Plan proposes to maintain the minimum right-of-way width of sixty (60) feet throughout the subdivision.
Mr. Jorgenson advised members that the Plan proposes to establish Lexington Woods Subdivision, a Planned Neighborhood Design development on 38.36+/- acres of land. The subject property is located on the north side of North Little Creek Road adjacent to the SR-1 off ramp. The property is zoned R-8 (One Family Residential) and subject to the AEOZ (Airport Environs Overlay Zone). The owner of record is Cartanza Farms, LP. The equitable owner is Tony Ashburn & Son, Inc.
The Plan proposes an entrance road connecting to North Little Creek Road. The entrance road is proposed to remain at a paved width of thirty-eight (38) feet until the first intersection (approximately 180 feet). At this intersection, the second road travels west then north to serve as access to the lots along the western portion of the property. The entrance road continues north into the property then curves west and terminates at the second road. Also, located off the entrance road, is a third street that travels north and connects to Thorton Street.
The Planning Commission reviewed the proposed street width waiver request as part of its review of the Conceptual Subdivision Plan for Lexington Woods Planned Neighborhood Development and recommended approval of the waiver as requested.
In formulating this recommendation, the Commission considered the following:
• Reducing the pavement width of streets as proposed provides several benefits including reduced impervious cover, less stormwater runoff, reduction in design speed and resultant travel speeds, increased pedestrian safety and reduced construction costs. Reducing the design speed on low volume local residential streets is usually seen as desirable for the community. Reduced pavement width also equates to reduced maintenance costs. Maintenance costs are a concern as the proposed streets are to be dedicated as public streets with the City of Dover ultimately responsible for long term maintenance.
• The proposed waiver is consistent with similar waivers that have been approved in the recent past for the residential developments of Patriot Village, Rojan Meadows, Emerald Pointe, Maple Glen, The Cedars, and Four Seasons.
Mr. Lambert moved to recommend approval of the requested street waivers for the Lexington Woods Subdivision, as recommended by the Planning Commission. The motion was seconded by Mr. Carey and unanimously carried.
Dedication of Rights-Of-Way and Public Infrastructure - Enterprise Business Park
The developer of Enterprise Business Park, Del-Homes Group, L.L.C., has requested that all public rights-of-way and infrastructure be dedicated to the City of Dover for permanent ownership and maintenance. When the construction was complete, City staff inspected the public improvements and provided the developer with a list of repairs to be made to meet the City of Dover’s Standards and Specifications for Public Works Construction. All repairs have been completed by the developer. In addition, as-built drawings of the improvements have been submitted to the Department of Public Works for their permanent records.
Following is a list of all public improvements proposed for acceptance by the City of Dover:
Sewer Utility Infrastructure:
12” PVC SDR-35 Sanitary Sewer Main - 1,778 l.f.
8” PVC SDR-35 Sanitary Sewer Main - 1,105 l.f.
6” PVC Sanitary Sewer Laterals - 300 l.f. (9 laterals)
4’ Diameter Sanitary Sewer Manholes - 15 ea. (168.6 v.f.)
Water Utility Infrastructure:
12" Ductile Iron Water Main - 2,276 l.f.
10” Ductile Iron Water Main - 375 l.f.
6” Ductile Iron Water Main - 191 l.f.
8” Ductile Iron Water Service Line - 289 l.f. (9 services)
12” Gate Valves - 7 ea.
10” Gate Valves - 2 ea.
6” Hydrant Valves - 5 ea.
Fire Hydrants - 5 ea.
Storm Water Infrastructure:
Catch Basins - 17 ea.
4’ Diameter Storm Water Manholes - 1 ea.
18” Type III Reinforced Concrete Pipe - 941 l.f.
18” N-12 Plastic Pipe - 20 l.f.
21” Type III Reinforced Concrete Pipe - 100 l.f.
24” Type III Reinforced Concrete Pipe - 390 l.f.
24” x 38” Elliptical Type III Reinforced Concrete Pipe - 235 l.f.
Rights-of-Way:
Beiser Boulevard Station 0 + 00 to Station 20 + 20
(50’ wide Sta. 0 + 00 to Sta. 19 + 68, 60’ wide Sta. 19 + 68 to Sta. 20 + 20)
Gateway BoulevardStation 0 + 00 to Station 3 + 48
(80’ wide Sta. 0+00 to Sta. 3 + 48)
Mr. Koenig noted that the developer has submitted a performance bond that will be in effect for one (1) year from the date of acceptance.
Staff recommended acceptance of the dedication of rights-of-way and public infrastructure in the Enterprise Business Park, with the above referenced public improvements to be included in the acceptance of the dedication.
Mr. Carey moved to recommend approval of staff’s recommendation, seconded by Mr. Farling and unanimously carried.
230 KV TIE PROJECT
Mr. DePrima explained that the proposed 230 KV Tie Project will create a new tie to the Conectiv lines which run east of Route 9. He stated that this is one of the most important electric projects that the City has undertaken since the construction of the VanSant Combustion Turbine.
Purchase/Condemnation of Property
Mr. DePrima informed members that site selection activities began in the fall of 2001 and four (4) prospective sites were evaluated for the possible location of the 230KV tie station (page 60 in the 2003-07 CIP and page 70 of the 2004-08 draft CIP). Dover Consulting Services, Inc. was selected as the City's real estate appraisal consultant in January 2002 to assist in site selection and acquisition. Analysis and discussions with the property owner resulted in the selection of a site on the south side of Donas Landing Road, east of Route 9. Acquisition includes a nineteen (19) acre parcel and a 100-foot wide access easement. The landowner gave the City permission to seek conditional use approval from the Kent County Levy Court for an electric tie station. Applications were made and, after a number of meetings with Kent County Planning Services, the Department of Agriculture, and a number of others, a conditional use permit was approved for the site in October 2002.
Responding to Mr. Ritter, Mr. DePrima stated that they were purchasing nineteen (19) acres in order to accommodate the setbacks required by Kent County and the sellers request to have the substation located in the rear of the property. The substation will actually occupy only five (5) acres.
After several meetings, negotiations and legal reviews, an offer to purchase the site was prepared by Mr. William Pepper, the Deputy City Solicitor, and presented to the property owner. The offer stated that if the offer was not accepted by May 16, 2003, the City would move forward with condemnation. As of May 16, 2003, the offer has not been accepted. Dover Consulting Services, Inc. has appraised the value of the property at $127,400.
Mr. DePrima noted that discussions are ongoing with the property owner, including the option to lease back the agricultural portion of the property to allow continued use.
Mr. Ritter expressed concern with proceeding with condemnation while continuing negotiations with the property owner. Mr. DePrima stated that Dover Consulting Services, Inc. has advised him to proceed with the condemnation to show the City's intent to move forward.
Funding in the amount of $3 million is available in the Electric Department “230KV Tie With Conectiv” Account #487-8200-562-60-67 in the operating budget on page 378. This funding is for both land acquisition and the first phase of construction.
Staff requested authorization to initiate condemnation action against this property for use as a site for the 230KV tie station. The City Solicitor, Mr. Nicholas Rodriguez, will take the necessary legal action which would include the deposit of $127,400 in an escrow account and the payment of the necessary legal and appraisal fees. The City Solicitor will also prepare a condemnation resolution for the next City Council meeting.
Mr. Ruane noted that the recommended action is in accordance with Section 2 - Status, general corporate powers, specific provisions for condemnation of property, of the City's Charter. Mr. DePrima stated that correspondence dated November 1, 2001, was received from Mr. Rodriguez confirming that the City has condemnation authority, both within and outside of the City limits. Noting that in the State of Delaware and the State of Montana electric utilities do not have the authority to exercise eminent domain to condemn properties, he stated that the City was exercising the authority as a municipality, not as an electric utility.
Mr. Carey moved to recommend authorizing the City Solicitor to take the necessary legal action, which would include the deposit of $127,400 in an escrow account and the payment of the necessary legal and appraisal fees. The City Solicitor will also prepare a condemnation resolution for the next City Council meeting (see note below). The motion was seconded by Mr. Lambert and unanimously carried.
City Clerk’s Note: According to Deputy City Solicitor Pepper, this condemnation proceeding will be governed by Title 10, Part IV, Chapter 61 - Condemnation, Section 6102 of the Delaware Code which states “All condemnation proceedings within the State shall be commenced by filing a complaint as provided in this chapter in the Superior Court in and for the county where the property is located, or if part of such property is situated in one county and part in another, then in either county. The Superior Court shall have exclusive jurisdiction of all condemnation proceedings.” (48 Del. Laws, c. 271, § 2; 10 Del. C. 1953, § 6102.)
It was recommended that a Resolution be adopted authorizing the City Solicitor to proceed with condemnation in accordance with Del. Code Section 6102 (Attachment #1).
Evaluation of Bids - Engineer, Procure and Construct (EPC) Agreement
The Electric Department is requesting authorization to select an EPC contractor to build the 230KV electrical tie station that will serve as the City’s future tie point with Conectiv.
The City of Dover currently purchases power from the Conectiv system at 138,000 volts through the College Road tie station. Electrical consumption within the City’s service area has increased to the point where the equipment in that station is not large enough to handle the electrical load during peak periods. Additionally, the 138,000 volt transmission system which supplies power to that station has reached capacity. The construction of a 230KV tie station will allow the City to purchase power through the more reliable 230,000 volt system. This would accommodate the City’s load growth for a period of 20-30 years.
The proposed 230KV tie station was included in the approved 2003-2007 CIP (page 60) and the draft 2004-2008 CIP (page 70), assigned project account # ES0103.
A Request for Proposals for the Engineering, Procurement and Construction of the station was sent out to prospective bidders and eighteen (18) responses were received. Quoted prices ranged from $6.05 to $9.96M. A short-list of four (4) bidders was chosen as follows:
Company Name Bid
Black & Veatch, Inc.$ 6,048,610
Dominion Technical Solutions, Inc.$ 6,500,800
Power Resources, Inc $ 7,040,000
Beta Engineering, Inc. $ 7,145,560
The above-mentioned bidders were interviewed and their bids were scrutinized by a group consisting of the City’s Electrical Engineer, Mr. John F. Mayan, P.E., two representatives from Conectiv Power Delivery, and Mr. Curt Wilson, a paid consultant to the City of Dover. As a result of the bid and interview process, staff recommended that Black & Veatch, Inc. be awarded the contract to build the 230KV tie station in the amount of $6,048,610.
Funding in the amount of $3M is available in the Electric Department “230 KV Tie With Conectiv” Account #487-8200-562-60-67 in the operating budget on page 378. This money was intended for land acquisition and first phase of the construction. The proposal calls for a payment schedule tied to completion of predetermined goals. The payment schedule will be a negotiated part of the contract and will be set up to expend the remaining budgeted money (minus money set aside for land acquisition) - approximately $2.8 million before June 30, 2003. The balance of the cost will be paid out of next year’s planned budget allocation.
This electrical substation is expected to be in service on May 5, 2004, in time for the 2004 summer season.
Mr. Mayan assured members that Black and Veatch is world renowned in substation construction and, due to deregulation and a slowdown in the generation industry, the City was very fortunate to retain them as the low bidder. They were also highly recommended by Conectiv. He noted that Black and Veatch recommended innovative design changes to reduce the size of the substation footprint. Mr. Mayan also stated that there is a bid bond and a performance bond on the contract.
Mr. DePrima noted that correspondence (Attachment #2) was received from Mr. Wilson indicating that Black and Veatch has the reputation, technical expertise, project team, and outstanding safety record necessary to complete the project.
Mr. Ritter moved to recommend awarding the EPC contract for the 230KV tie station to Black and Veatch in the amount of $6,048,610. The motion was seconded by Mr. Farling and unanimously carried.
Evaluation of Bids - 2003 Street Programs
In conjunction with the City of Dover’s Capital Investments Plan, it is proposed to rehabilitate various pavement sections throughout the City of Dover during the 2003 construction season. The Department of Public Works prepared a bid package which included both concrete and paving work for the following sixteen (16) locations:
Clara Street Extended Schoolhouse Lane Weston Drive New Street
Cobblestone Lane William Street City Hall Employees Parking Lot Cecil Street
Heritage Drive Forest Creek Drive Fulton Street Haman Drive
Orchard Avenue Meadow Garden Lane Queen Street Post Boulevard
Mr. DePrima noted that they were able to add Haman Drive and Post Boulevard since Representative Donna Stone agreed to fund those two streets.
The bids were received as follows:
Contractor Paving Bid Concrete Bid Total
George & Lynch, Inc., Dover, DE $614,665.55 $555,549.15 $1,170,214.70
Daisy Construction Company, New Castle, DE $756,637.50 $624,726.80 $1,381,364.30
The engineer’s estimate for the above-referenced work was $1,253,551.25.
This project is identified on pages 194 & 365 of the 2003 Annual Operating Budget, page 65 of the 2004-2008 Draft Capital Investments Plan and page 119 of the 2004 Draft Operating Budget. The following funds will be used to complete the referenced work:
2003 Street Division Operating Budget - $100,000
2004 Street Division Operating Budget - $250,000
Community Development Block Grant - $138,200
Community Transportation Funds - $740,545
TOTAL - $1,228,745
Responding to Mr. DePrima, Mr. Koenig noted that the difference between the budgeted amount and the bid price was due to rounding of the cost of the individual streets.
All work associated with the 2003 Street Program must be completed within 120 calendar days after the Notice to Proceed is issued. The contract requires the contractor to pay the owner liquidated damages in the amount of $500 for each and every calendar day in excess of the time fixed in the contract or any extensions thereof, for failure to complete all of the work within the allotted time.
Staff recommended awarding the contract for the 2003 Street Program to George & Lynch, Inc. in the amount of $1,170,214.70. All work will be paid for at the unit prices bid for work completed and accepted by the City of Dover Department of Public Works.