Regular City Council Meeting
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Jan 13, 1992 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on January 13, 1992 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Lambert, Daisey, Levitt, Pitts, Salters, Lynn, Weyandt and Hare.

Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. DePrima, Mrs. Boaman, Fire Chief Baker and Mr. Rodriguez.

The invocation was given by Reverend Howe, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Lynn moved for approval of the agenda, seconded by Mr. Hare and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 9, 1991

The Minutes of the Regular Council Meeting of December 9, 1991 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Hare and bore the written approval of Mayor Richter.

ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF DECEMBER 31, 1991

The Minutes of the Special Council Meeting of December 31, 1991 were unanimously approved by motion of Mr. Salters, seconded by Mr. Daisey and bore the written approval of Mayor Richter.

PRESENTATION - CITY OF DOVER WELLNESS PROGRAM AWARD

The following employees were presented with a plaque for the "Excellence in Health Promotion 1991 Award" as presented by the Delaware Center for Wellness, a member of the Wellness Councils of America: Mr. Norris Hudson, Mrs. Judy Rigby, Ms. Cheryl Jackson, Ms. Carolyn Griffith, and Mr. Les Blakeman.

Mr. Hudson stated that the above employees worked very hard on the Wellness Committee, as did many other City employees and members of staff.

PUBLIC HEARING - REZONING OF PROPERTY LOCATED AT 125 ROOSEVELT AVENUE - DAVIS

A public hearing was duly advertised for this time and place to consider rezoning of property located at 125 Roosevelt Avenue, owned by the Estate of Norwood Davis. The current zoning of the property is R-8 (Single Family Residence) and the requested zoning is C-1A (Limited Commercial).

Planner's Review

The City Planner, Mr. DePrima, explained that the applicant seeks the C-1A zoning classification to bring the existing television repair shop into conformity with the Zoning Code. The shop has occupied this site for approximately 10 years. The existing zoning and land uses in the area include lands zoned C-4 (Highway Commercial) which line Route #13 on both sides forming the highway commercial corridor. To the north is the single-family residential neighborhood of Morris Estates which is zoned R-8 (one-family residence). The 1986 Comprehensive Plan recommends that this area be utilized for Commercial and Low Density Residential purposes. The Comprehensive Plan Map recommends that a band of commercial land be provided along the Route #13 Corridor in this location. Although the commercial designation on the map does not follow specific property lines, it appears that the area of petition is shown as partially within the area recommended for commercial purposes.

Based upon the above points, the Planning Commission recommended approval of the request.

Correspondence

The City Clerk reported that no correspondence was received on the proposed rezoning.

Public Hearing

Council President Christiansen declared the hearing open.

There was no one present wishing to speak for or against the rezoning request.

Council President Christiansen declared the hearing closed.

Mr. Lynn moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following ordinance:

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 125 ROOSEVELT AVENUE

WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and

WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from R-8 to C-1A.

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

1.         That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-8 to C-1A on that property located at 125 Roosevelt Avenue, owned by Norwood Davis.

ADOPTED:    January 13, 1992

PUBLIC HEARING - REZONING - 1380 AND 1400 FORREST AVENUE - GEORGE AND ROBINSON

A public hearing was duly advertised for this time and place to consider rezoning of property located at 1380 and 1400 Forrest Avenue, owned by Robert H. George and Elizabeth M. Robinson. The current zoning of the property is RG-2 (General Residence) and C-1A (Limited Commercial) and the proposed zoning is C-2A (Limited Central Commercial).

Planner's Review

The City Planner reported that the area of petition consists of 3.43 acres +/- of land and is comprised of two (2) individual abutting properties. The westerly portion of the site, owned by Mr. George, consists of a 1.9189 acre +/- parcel and the easterly portion, owned by Mrs. Robinson, consists of a 1.5152 acre +/- parcel.

The existing land uses in the area include a parcel zoned C-4 (Highway Commercial) which is occupied by a fast food restaurant. Farther west are lands zoned R-8 (One Family Residence) and C-1A (Limited Commercial). To the northwest are lands zoned RG-5 (General Residence) and RG-3 (Group Housing). Northeast of the property is Greentree Village Shopping Center which is zoned SC-2 (Community Shopping Center) and to the east and adjacent to the area of petition is an area zoned C-3 (Service Commercial). Southeast of and adjacent to the site is a vacant parcel zoned RG-2. Southwest and adjacent to the site are lands zoned R-8 and further south are lands zoned RG-2.

The 1986 Comprehensive Plan, as amended to include the Route #8 Corridor Study, recommends that this area be utilized for Commercial purposes. The parcel is situated within the Suburban District identified by the Corridor Study. The Study recommends that commercial development in this vicinity focus on Greentree Village Shopping Center to instill a village center affect which reflects a more community oriented setting and image than a traditional commercial strip development pattern. Consolidation of properties along the Corridor, as proposed by the applicant, is strongly recommended to achieve a more unified design in building form and scale, and to reduce the number of site entrances along the Corridor.

Based upon the above points, the Planning Commission recommended approval of the rezoning request.

Since the design guidelines of the Route #8 Corridor Study have not been approved by Council, the applicant would not be required to comply with conditions set forth by the study once it is adopted. However, Mr. DePrima informed Council that the applicant has indicated to the Planning Commission that they will comply with the proposed guidelines as much as possible. Mr. Hare felt that the term "as much as possible" leaves a wide margin of uncertainty and stated that approval of the zoning should come after adoption of the design guidelines of the Route #8 Corridor Study.

Questioned by members of Council, the City Solicitor stated that the rezoning approval could not be conditioned upon compliance with future guidelines. He suggested that the matter be deferred until the guidelines are in effect, providing the delay is minimal. He stated, however, that if Council rezones the property tonight, the Corridor Study guidelines could still be utilized if they are adopted prior to Site Plan approval.

Public Hearing

Council President Christiansen declared the hearing open.

Mr. William Witham, attorney representing the owners of the parcels, explained that the rezoning to C-2A will allow a drive-in bank at the facility. Also planned, contingent upon Site Plan approval, is a pharmacy and a health care related facility. Mr. George currently owns the westerly tract and is the equitable owner for the easterly tract. Ms. Robinson, the current owner of the easterly tract, has attempted to sell the property at its current residential zoning but has been unsuccessful. Mr. George will attempt to comply, as much as possible, with the proposed design guidelines of the Route #8 Corridor Study. The difficulty in absolute compliance is that the guidelines are only in the review stage, with definitive guidelines not yet known. Asked by Mr. Salters of the effects of a delay, Mr. Witham stated that a one month delay could result in the loss of a proposed tenant.

Mr. Richard Ornauer of 17 Mifflin Road spoke as a resident of Deerfield, stating that they do not wish to block the rezoning but they would like the Route #8 Corridor Study adopted prior to approval to ensure compliance. The residents have two major concerns. They want the Route #8 Corridor Study, which includes landscaping requirements, adopted prior to any site development on this parcel. They also have great concern over the disturbances in the neighborhood stemming from the shopping center. An eating establishment in the shopping center is also utilized for evening entertainment, resulting in loud music and customer disturbances. The residents of Deerfield would like a secured sound barrier to separate the shopping center from the residential neighborhood of Deerfield.

Mrs. Rexene Ornauer of 17 Mifflin Road reminded members of Council that the Route #8 Corridor Study will address important landscaping issues. Approving this project could result in a large block of non-conforming land located in the middle of the Route #8 area. She stated that the current facility is asphalt to the side and rear lines, with very few bushes in the front. It has no visual barriers, no shrubbery, and no light barriers for the adjacent residential neighborhood. Mrs. Ornauer strongly urged Council to take the necessary precautions to ensure that this property complies with the proposed guidelines of the Route #8 Corridor Study.

Mr. Walter Johnson of 1507 Fawn Street addressed his concern with only a 6' fence to buffer the shopping center from his neighborhood. The facility is nearly covered with asphalt, with no greenery or landscaping. Mr. Johnson urged Council to require proper landscaping for the proposed project.

Council President Christiansen declared the hearing closed.

Mr. Weyandt stated that the rezoning could be accomplished, with Site Plan approval regulating the concerns of the residents. Responding to questions of Mr. Hare on the Planning Commission's authority on this issue, Mr. DePrima stated that they can require certain conditions relative to noise and buffer issues. They also can require specific landscaping conditions, although they cannot enforce the requirements of the Route #8 Corridor Study until the necessary ordinances are adopted. Mr. DePrima estimated that these ordinances can be brought before Council for action within the next few weeks.

Mr. Weyandt moved to table the rezoning request, pending further information relative to adoption of the Route #8 Corridor Study. The motion was seconded by Mr. Salters and carried by a roll call vote of six (6) yes, three (3) no (Mr. Lambert, Mr. Pitts and Mr. Christiansen).

PUBLIC HEARING AND FINAL READINGS - ZONING CODE AMENDMENTS - SIGN REGULATIONS

A public hearing was duly advertised to consider sign regulation amendments to the City of Dover Zoning Code. The First Reading of the following proposed ordinances was accomplished during the Council Meeting of December 9, 1991:

            A.        Article 3, Section 9.14            -          RG-0 District Sign Regulations

            B.        Article 3, Section 26.5            -          CP-0 District Sign Regulations

            C.        Article 3, Section 16.2            -          C-4 District Sign Regulations

            D.        Article 5, Section 4                 -          Supplementary Sign Regulations

            E.        Article 7, Section 1.6              -          Non-Conforming Signs

            F.        Article 12                                -          Definitions (Non-Conforming Sign)

The City Planner stated that the proposed sign ordinance amendments have been reviewed during the past year, involving three specific zones, as well as changes to the supplementary sign regulations and non-conforming sign regulations. The amendments are proposed to make our sign ordinances more sensitive to size and lot configurations. The changes to the supplementary and non-conforming sign regulations were designed to allow better regulation of these conditions.

Council President Christiansen declared the public hearing open.

Mr. Dale McCalister of Kent Sign Company addressed concerns with the proposed sign ordinance amendments. Mr. McCalister stated that he served on a Sign Review Committee where some the amendments were reviewed. However, many changes were made by the Planning staff after review by the committee as well as additional regulations being added to the amendments. Mr. McCalister stated that the amendments relate to only three zoning classifications, leaving many classifications still in need of review. Mr. McCalister informed Council that he approached Mayor Richter a year ago requesting review of the City's sign ordinances. During the course of his business, he discovered that very few signs met the requirements of the City of Dover, resulting in variance requests for nearly every project. Rather than taking so many projects before a variance board on a consistent basis, he recommended realistic amendments to the City's requirements.

Although the proposed amendments are a step in the right direction, Mr. McCalister related many portions that he did not agree with. (A list of Mr. McCalister's concerns are on file with the Office of the City Clerk).

Council President Christiansen declared the public hearing closed.

Mr. Hare moved to table action on the sign amendments, stipulating that the amendments be referred back to the Planning Staff and Sign Review Committee for further review. The motion was seconded by Mr. Lynn and unanimously carried.

RESULTS OF BOND REFERENDUM - DECEMBER 11, 1991

The results of the bond referendum, held December 11, 1991, were reported as follows:

 

                                                                                                 FOR                AGAINST

                        West Dover Fire Station                                 1,520                   1,975

                        Police Station                                                 1,229                   2,238

                        City Hall & Other Renovations                       578                   2,836

                        Schutte Park Phase I                                        780                   2,653

                        Question on Swimming Pool                           800                   2,231

                        A total of 3,522 citizens cast their vote in the referendum

Mr. Hare moved for acceptance of the results of the December 11, 1991 bond referendum as reported, seconded by Mr. Weyandt and carried by a unanimous roll call vote.

Acknowledging that the public made it clear that they did not support a tax increase for the proposed projects, Mr. Lynn stated that the police and fire projects are "public safety" issues that need to be reevaluated. Stating that he was not sure if the public refused the projects or the exorbitant costs of the projects. Since these two projects are public safety issues, Mr. Lynn suggested that our citizens be involved in discussions to reevaluate these two projects to come up with a reasonable plan that is acceptable to the public.

Mr. Salters stated that he accepts the public's decision on the projects, but he agreed that we should work with the public on the public safety issues to develop a plan, based upon citizen input, that will work for everyone.

Agreeing that the need for the two projects still remains, Mr. Levitt stated his feeling that the public was not particularly opposed to the projects, but were concerned with the estimated costs and with moving forward during the economic down turn in the economy. Noting that at least 12,000 citizens were eligible to vote in the referendum, Mr. Levitt stated that there are at least 8,500 citizens that have not voiced their feelings on the projects. It was Mr. Levitt's feeling that the need for the police and fire projects still remains and that Council has a responsibility to revisit those two areas for an acceptable solution.

Mr. Lambert agreed that Council cannot ignore public safety issues. Referring to the number of citizens that voted in the referendum, Mr. Lambert requested that consideration be given to extending the polling hours so that more voters can be accommodated.

Mr. Hare voiced his opinion that the citizens were very clear that they did not support the projects at this time. It was his recommendation that the projects be left until the economy picks up and the citizens feel that they are better able to afford the tax increase.

Mr. Weyandt stated his opinion that the projects are necessary, but that the citizens will not support them until they feel they can afford it. He recommended that the matter be dropped until the economy improves. Mr. Pitts and Mr. Daisey voiced their agreement with Mr. Weyandt's comments.

 

LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met on December 10, 1991 with Chairman Weyandt presiding.

1992 Holiday Schedule

Each year, City Council approves holiday schedules for City employees. The 1992 holiday schedules were submitted for the committee's review. The schedules coincide with the State and Federal Governments and are in accordance with the personnel policy and bargaining agreements.

The committee recommended approval of the City of Dover (excluding Police Department) 1992 Employee Holiday Schedule, as follows:

            New Year's Day                                                         January 1 (Wednesday)

            Martin Luther King, Jr.'s Birthday                             January 20 (Monday)

            President's Day                                                           February 17 (Monday)

            Good Friday                                                               April 17 (Friday)

            Memorial Day                                                            May 25 (Monday)

            Independence Day                                                      July 3 (Friday)

            Labor Day                                                                  September 7 (Monday)

            Columbus Day                                                            October 12 (Monday)

            Veterans' Day                                                             November 11 (Wednesday)

            Thanksgiving                                                              November 26 (Thursday)

            Christmas                                                                   December 25 (Friday)

By motion of Mr. Mr. Weyandt, seconded by Mr. Hare, Council adopted the above 1992 Employee Holiday Schedule (excluding Police Department) by a unanimous roll call vote.

The committee recommended approval of the City of Dover Police Department 1992 Employee Holiday Schedule, as follows:

            New Year's Day                                                         January 1 (Wednesday)

            Lincoln's Birthday                                                      February 3 (Monday)

            Washington's Birthday                                               February 17 (Monday)

            Good Friday                                                               April 17 (Friday)

            Memorial Day                                                            May 25 (Monday)

            Independence Day                                                      July 3 (Friday)

            Labor Day                                                                  September 7 (Monday)

            Columbus Day                                                            October 12 (Monday)

            Veterans' Day                                                             November 11 (Wednesday)

            Thanksgiving                                                              November 26 (Thursday)

            Christmas                                                                   December 25 (Friday)

By motion of Mr. Weyandt, seconded by Mr. Hare, Council adopted the above Police Department 1992 Employee Holiday Schedule by a unanimous roll call vote.

Recording of Municipal Liens

Mr. Weyandt requested staff to conduct a study on the recording of Municipal Liens, stating that City Liens are not recorded with the Kent County Recorder of Deeds. The City utilizes a Municipal Lien Docket only.

Members were supplied with an opinion from Deputy Solicitor William Pepper, stating that the State Law must be amended to change the filing process for recording liens for the City of Dover.

Mr. Weyandt requested that members review Mr. Pepper's opinion for discussion at the next scheduled Committee meeting.

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

PARKS AND RECREATION COMMITTEE REPORT

The Parks and Recreation Committee met on December 10, 1991 with Mr. Pitts presiding in the absence of Chairman Daisey.

Open Space Requirement - West Side Partners - North Side of Walker Road

The Planning Commission reviewed a proposed subdivision for property located on the northerly side of Walker Road, west of the intersection of Walker and Saulsbury Roads, consisting of approximately 18.99+/- acres. The plan proposes a 52 unit townhouse development to be accessed by means of a single cul-de-sac street. The land is currently zoned RG-3 (Group Housing).

Mr. DePrima, City Planner, advised members that the plan reflects 14.51+/- acres to remain open space, due largely to its wooded upland wetland characteristics. Since the nature of the open space consists of wetland, it would not be practical or suitable for the establishment and maintenance of parkland or recreation facilities. The Planning Commission is requiring that the wetland areas be identified as "private open space" and that the maintenance responsibilities be clearly explained. It was also recommended that a portion of the private open space be seeded to provide an open play area for residents; however, this should not be considered for public dedication and fulfillment of open space requirement.

During their meeting of November 18, 1991, the Planning Commission recommended that Council require a 10% cash in lieu of parkland dedication in accordance with Article VI, Section F-2 of the City's Subdivision Regulations. The City Assessor has determined that the 18.99+/- acre property is valued at $100,000; therefore, it was recommended that a cash donation in the amount of $10,000 be accepted and deposited in the special account for parklands.

The committee recommended acceptance of the cash in lieu of land payment in the amount of $10,000 to be deposited in the special account for parklands, as recommended by the Planning Commission.

Mr. Pitts moved for acceptance of the committee's recommendation. The motion was seconded by Mr. Hare and carried by a unanimous roll call vote.

Mr. Pitts moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Hare and unanimously carried.

UTILITY COMMITTEE REPORT

The Utility Committee met on December 10, 1991 with Chairman Levitt presiding.

Request to Waive Length of Cul-De-Sac Requirements - West Side Partners - North Side of Walker Road

The committee considered a request from West Side Partners, Inc. to waive the length of cul-de-sac requirements for the proposed subdivision located on the northerly side of Walker Road, west of the intersection of Walker and Saulsbury Roads, consisting of approximately 18.99+/- acres.

The conceptual plan proposes a 52 unit townhouse development to be accessed by means of a single 650 foot cul-de-sac street. In accordance with City regulations, the maximum length permitted for a cul-de-sac street is 400 feet. As provided under Article VII, Section A of the Land Subdivision Regulations, the developer is requesting a waiver from the length to 700 feet.

In the Planning Commission's opinion, the narrowness of the front portion of this lot coupled with the wetland areas in the rear of the property presents a lot configuration that prohibits it from being serviced by a loop road. Not granting the waiver would restrict the owner from the reasonable use of the undeveloped portions of the property for reasons that were beyond their control. Granting the waiver is not viewed as being detrimental to the public health, safety, and welfare of the City and would not nullify the intent and purpose of the development plan, Zoning Ordinance, or Subdivision Regulations. The Planning Commission recommended approval of waiving the cul-de-sac length requirement for the proposed Conceptual Subdivision. Emergency apparatus access was considered during the conceptual plan review by the Development Advisory Board, and they deemed it acceptable for emergency usage.

The committee recommended acceptance of waiving the length of cul-de-sac requirements as requested by West Side Partners for their subdivision located on the northerly side of Walker Road, west of the intersection of Walker and Saulsbury Roads.

Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Weyandt.

Mr. Lambert reminded members of Council that at the time of rezoning consideration, many residents were opposed based upon the hazardous traffic conditions on Walker Road. Based upon the traffic conditions and the opposition of residents in the area, Mr. Lambert stated that he cannot support a waiver to the cul-de-sac requirements.

Responding to questions on the reason for the 400' limitation, Fire Chief Baker stated that when this limitation was set it was based upon the fact that most fire hydrants were located on the main streets of the development with a fire hose length of 500'. Keeping the cul-de-sac length at 400' allowed sufficient distance for the fire supply lines. Mr. DePrima added that communities often limit the length of a cul-de-sac since emergency vehicles have only one access to the site. It was his opinion that the cul-de-sac length requirements for Dover are relatively short as compared to other communities.

Mr. Weyandt reminded members of Council that they have set a precedent on this type of request by approval of a similar request for lands located off of College Road, owned by K.C. Sheth.

On a call for the question on the motion to waive the length of cul-de-sac requirements as requested by West Side Partners for their subdivision located on the northerly side of Walker Road, the motion was unanimously defeated by a roll call vote.

North Loop Water Main Assessment

In accordance with Section 18.72 of the Dover Code of Ordinances, as amended on September 9, 1991, the property owners of land adjacent to the proposed North Loop Water Main were notified of the proposed project and that their property will be assessed as a result of the construction.

Staff estimated the cost of construction of the North Loop to be $715,000. The main will be twelve-inch pipe, but only the cost of eight inch pipe will be assessed. Based on this cost, the assessment charge is estimated to be $20.00 per front foot.

The project is a result of the 1985 Water Master Plan, which indicated dead end mains leading towards the north end of town which would need to be looped together. The project was estimated to cost the City $700,000; however, there were other properties which could be served by the loop and could be assessed for the project in addition to the City paying to loop the main.

There are properties, currently outside the City limits, which would be served by the new main upon annexation and will be assessed at that time. A large portion of the water main is in areas of farmland. The assessment for the farmland would be deferred until the property is sold or developed.

Several property owners were present in opposition to the North Loop Water Main Assessment. Mr. Daniel Durham (Property Number 13), stated his opposition to the assessment for his farmland, stating that he was annexed into the City years ago but does not use or request City water. Since Mr. Durham's property is considered farmland, he was advised that his assessment would most likely be deferred until the land is sold or developed.

The committee recommended that staff be authorized to proceed with the design and bidding of the North Loop Water Main Assessment project.

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

Bid - Evaluation of Bids - Long Point Road - Water Main

In conjunction with the 1990-95 CIP and as recommended in the 1985 Water System Master Plan, it was proposed to construct approximately 7,900 feet of 18 inch water main and 5,400 feet of 12 inch water main on Long Point Road and North Little Creek Road between Fox Road and White Oak Road. This project serves two purposes: 1) it provides distribution of the water from the East Dover Wellfield Treatment Plant to the distribution system; and 2) it completes a loop of the water system on the east side of the City. Funds for the project are included in the 1986 Water/Sewer Revenue Bonds. The engineer's estimate was $775,142.

The committee recommended that the bid be awarded to the low bidder, Teal Construction, in the amount of $494,669.

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

Bid - McKee Run Unit #1 Turbine - Removal of Asbestos Insulation

McKee Run Unit #1 is scheduled for its five year major overhaul in March 1992. During this overhaul, the turbine is to be opened up to perform an inspection and repair. This will require the removal of asbestos insulation. Laws are now very stringent regarding the removal of asbestos materials, and specialty organizations are generally utilized to handle permitting, removal of the insulation, monitoring the work area, and disposing of the asbestos. Additionally, new insulating materials will have to be fabricated and installed prior to the unit returning to service.

All bidders were requested to supply a cost of removing asbestos insulation and re-insulating the Unit #1 K-heater which is in the same area that will have to be isolated during asbestos removal. Work in the area of the K-heater frequently results in minor damage to the K-heater insulation, which then requires a licensed asbestos handler to be brought in to encapsulate the asbestos. This work could be avoided if the asbestos was removed.

A legal question was raised about the possible patent violation by Tri-State Ins. Co. An initial investigation reveals this to be false; however, the City Solicitor is performing more in-depth research.

For future projects, the committee requested that staff submit a project summary on multi-faceted projects when bidding only one portion so that Council can keep track of all aspects of the project. Mr. Weyandt further requested that staff submit a running total for projects when requesting additional work.

The committee recommended that the bid, in the amount of $53,880, be awarded to Tri-State Ins. Co. to remove asbestos insulation and re-insulate the turbine, extraction lines and K-heater, pending legal verification from the City Solicitor. Mr. Rodriguez reported that the matter of the patent violation has been investigated and they found no problems.

Mr. Levitt moved for approval of the committee's recommendation to award the bid to Tri-State Ins. Co. in the amount of $53,880, seconded by Mr. Weyandt and carried by a unanimous roll call vote.

Bid - Annual Purchase of Residential Electric Meters

The warehouse supply of single-phase residential meters is in need of replenishment. Bids were solicited for the purchase of 96 meters per month for the next 12 months. The