Regular City Council Meeting
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Nov 25, 1985 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Meeting of Council was held on November 25, 1985 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Ambruso, Boaman, Bulley, Christiansen, Witt, Weyandt and Shevock.

The invocation was given by the Reverend J.H. Williams, Council Chaplain.

AGENDA ADDITIONS/DELETIONS

Mr. Witt requested that item #9, Construction of a Dock and Gazebo - Silver Lake - Luther Towers, be considered a Parks and Recreation Committee Report.

Mr. Witt requested an item to consider correspondence from Dr. Goate’, Capital School District, concerning a stop sign at Ross and Pear Streets.

Mr. Boaman requested a short executive session immediately following the Regular Council Meeting to discuss personnel matters.

Mr. Richter requested an agenda item under correspondence to consider a letter from Mr. James McGinnis concerning a strip of City owned land on the south side of Bank Lane, between New and Queen Streets.

ADOPTION OF MINUTES

Quarterly Open Meeting of November 4, 1985

The Minutes of the Quarterly Open Meeting of Council, held on November 4, 1985, were unanimously approved by motion of Mr. Witt, seconded by Mr. Christiansen and bore the written approval of Mayor Carroll.

Referring to the minutes of the Quarterly Open Meeting, Mr. Boaman moved that the item concerning construction of a community swimming, presented by Mr. Michael Malkiewicz, be referred to the Parks and Recreation Committee, seconded by Mr. Christiansen and unanimously carried.

An item concerning the condition of houses on Mitscher Road, presented by Mr. Roy Bogus, was referred to the Legislative and Finance Committee by motion of Mr. Boaman, seconded by Mr. Christiansen.

The concern of a proposed package store on Dover Air Force Base was referred to the Legislative and Finance Committee by motion of Mr. Boaman, seconded by Mr. Christiansen.

Traffic and parking in East Lake Gardens and access to Silver Lake was referred to the Safety Advisory Committee by motion of Mr. Boaman, seconded by Mr. Christiansen.

Condition of streets in Morris Estates I as presented by Mr. Gary Tracy was referred to the City Manager’s Office by motion of Mr. Boaman, seconded by Mr. Witt.

Adoption of Minutes - Regular Council Meeting of October 28, 1985

The Minutes of the Regular Council Meeting of October 28, 1985 were unanimously approved by motion of Mr. Witt, seconded by Mr. Bulley and bore the written approval of Mayor Carroll.

Adoption of Minutes - Special Emergency Council Meeting of November 15, 1985

The Minutes of the Special Emergency Council Meeting of November 15, 1985 were unanimously approved by motion of Mr. Witt, seconded by Mr. Christiansen and bore the written approval of Mayor Carroll.

ANNUAL COMPREHENSIVE FINANCIAL REPORT

Mr. Weyandt moved for approval of the Annual Comprehensive Financial Report as submitted, seconded by Mr. Christiansen.

Mr. Boaman moved to amend the motion, referring the management letter of the financial report to the Legislative and Finance Committee, seconded by Mr. Shevock and unanimously carried.

Mr. Weyandt’s motion for acceptance of the Comprehensive Financial Report as submitted was unanimously carried.

RESOLUTION - DELMA H. BATTON

By motion of Mr. Witt, seconded by Mr. Boaman, Council by unanimous roll call vote, adopted the following resolution.

WHEREAS, Delma H. Batton has been an employee of the City of Dover since the City took over the operation of the Dover Public Library in 1975 and has been Director of the Dover Public Library for the past 18 years; and

WHEREAS, Delma H. Batton has significantly contributed to and assisted in various departmental functions of the City government. The performance of her duties and responsibilities, and her working relationships were always characterized by an obvious dedication to getting the job well done; and

WHEREAS, Delma H. Batton has reorganized and expanded the library collection, added paperbacks, tapes, films, re-instituted story hours, Summer Reading Club, school visits, Story Theater, etc., and

WHEREAS, Delma H. Batton has demonstrated her devotion to the library profession through active memberships in the American Library Association, the Delaware Library Association and the State Advisory Council on the Right to Read and has attended numerous conferences and served on numerous committees within these organizations. She has also demonstrated an active participation in the Dover community through her memberships in the American Association of University Women, League of Women Voters, Soroptimist International of Dover, Delaware Association for Retarded Citizens, National Education Association, and the National Story League; and

WHEREAS, Delma H. Batton after some fifty years in the library field has chosen to retire effective December 10, 1985 from the City of Dover.

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

1.         That the Mayor and Council express their sincere appreciation and thanks to Delma H. Batton for her contributions to the community, and highly commends her for the manner in which she has carried out her responsibilities and duties as a member of the City Staff.

2.         That the Mayor and Council wish Delma H. Batton and her family a happy and peaceful retirement.

3.         That the Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover.

ADOPTED:    November 25, 1985

PUBLIC HEARING - REZONING OF LAND LOCATED ON THE SOUTHEAST CORNER OF MIFFLIN ROAD AND ROUTE #8 (HARTLY ROAD) - ROBERTA P. CARROLL AND ROWE VON PLEASANTON ESTATE

A public hearing was duly advertised for this time and place to consider rezoning land located on the southeast corner of Mifflin Road and Route #8, owned by Roberta P. Carroll and the Rowe Von Pleasanton Estate.

Mayor Carroll declared the hearing open.

Realtor James McGinnis was present representing the owners, Roberta P. Carroll and the Rowe Von Pleasanton Estate, and also the equitable owners, C & F Enterprises, Inc. Mr. McGinnis stated that 12 acres of the land is being requested for rezoning in a R-8 category, and approximately 1½ acres in a C-4 zoning category. In the past week, Mr. McGinnis has met with citizens of Mifflin Road who submitted a petition objecting to the rezoning.

The following petition, containing 24.8% of eligible petition signers, was submitted:

“We, the property owners of the Mifflin Road area, understand that there is a request to rezone the former Von Pleasanton property at the corner of Route 8 and Mifflin Road. The plan calls for the rezoning of the part of the property along Route 8 and extending down Mifflin Road to C-4, and for the rezoning of the remainder of the property to R-8. We, the undersigned property owners, object to this planned rezoning, and ask that you vote “NO”, for the following reasons:

(1)       At present there are only residential properties with large lots and no commercial properties or activities on Mifflin Road. C-4, highway commercial zoning, is totally inappropriate for the residential neighborhood existing now.

(2)       R-8 is not in keeping with the present size of lots on Mifflin Road.

(3)       Increased traffic resulting from highway commercial property and higher density housing would add to an already serious traffic problem.

(4)       Spot zoning of this nature will lower the property value of our homes.”

Mr. McGinnis noted the opposition of Mifflin Road residents to the C-4 zoning of the property fronting Route #8. The developers have agreed to everything in their power to landscape the C-4 land so that it will not be offensive to adjoining private residences. He also noted the developers’ willingness to change the R-8 zoning to R-10, which is more restrictive.

Questioned by Mr. Weyandt, Mr. McGinnis stated that he was informed by the State Highway Department that Route #8 will be widened and the intersection of Route #8 and Mifflin Road will be re-designed. No information was available as to improvements of Mifflin Road from Route #8 to the Hazletteville Road.

Questioned by Mr. Witt, Mr. McGinnis stated that the developer’s offer to change the R-8 zoning to R-10 is an attempt to convey faith and respect to the residents of Mifflin Road. A R-10 zone is a more restrictive zoning category. The main point of objections from the residents now is the type of buffer zone that will be placed around the C-4 zone.

Mr. Eric Frankl of 34 Mifflin Road, noting discussions with the developer, was of the opinion that existing trees along the east side of Mifflin Road would remain. Since original discussions with the developer on this matter, he has been informed that some of the trees would have to be removed to make way for a parking lot and entrances. He advised that he was speaking against the rezoning for the same reasons that the Planning Commission voted six (6) to two (2) for denial; that being that the zoning would place commercial property adjacent to existing residential property. In his discussions with Mr. McGinnis, it was his impression that a buffer zone of 75' wide, narrowing down to 50', would separate the commercial property from the roadway and preserve the rural characteristics of Mifflin Road.

Mr. Weyandt alluded to the fact that the south end of Mifflin Road incorporates lands that will be zoned for an industrial park and also manufacturing. It was his opinion that in the future, Mifflin Road will have to be widened and improved to handle traffic for these zonings. He felt that the residents of Mifflin Road should be prepared for considerable changes to their neighborhood.

Questioned by Mr. Christiansen, Mr. Frankl felt that the residents of Mifflin Road would be agreeable to further meetings with Mr. McGinnis and the developer.

Mr. Robert Owens, a resident of Mifflin Road, reiterated the objections adjacent property owners have to the buffer zone in the C-4 area. He advised that the property owners have met on four out of the past seven days in an attempt to resolve objections. He requested that the matter be tabled for further discussions with the developer or that the rezoning be denied.

Mr. Peter Reidy, owning the property directly across from the proposed rezoning, on the corner of Mifflin Road and Route #8, stated his opposition to the proposed buffer and planned parking lots. He requested additional time be allowed for the proposed developer and property owner association to examine some of the controversial areas of the proposed construction.

Mrs. Nancy Frankl, Secretary and Treasurer of Mifflin Road Property Owners Association, stated that a meeting was held on November 20, 1985. At that meeting her notes reflected that Mr. McGinnis had stated that all existing trees would remain in the buffer zone. Mrs. Frankl stated that two hours prior to the Council Meeting, a letter was received stating that there would be 15' of landscaping along Mifflin Road, with some of the exiting mature trees being removed. She requested that the rezoning be tabled to allow more time to discuss a compromise or that the rezoning be denied.

Mr. Charles Lyons, one of the proposed buyers of the property, stated that some confusion exists on what the buffer zone will consist of. When the intersection of Mifflin Road and Route #8 is re-designed, it will be necessary to move most of the old existing shrubs and trees. A berm type of buffer is planned to screen many of the undesirables such as parking of automobiles, etc. A side entrance to the property adjacent to the buffer zone is planned. Approximately 60' along Mifflin Road will also be buffered with plantings.

Mr. Dwight Meyer of 24 Mifflin Road objected to the last minute change in the buffer zone submitted by the proposed developer and requested that the rezoning be tabled for further discussion between the developer and the property owner association.

Mr. Christiansen moved to table the rezoning, seconded by Mr. Richter.

The tabling motion was defeated by a vote of six (6) no, two (2) yes.

Mr. Boaman moved for approval of the rezoning as proposed in the application (C-4 and R-8), seconded by Mr. Bulley and by a roll call vote of six (6) yes, two (2) no (Mr. Richter and Mr. Christiansen), 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 ON THE SOUTHEAST CORNER OF ROUTE #8 AND MIFFLIN ROAD.

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-20 to R–8 and C-4.

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-20 to R-8 and C-4 on that property located on the southeast corner of Route #8 and Mifflin Road, owned by Roberta P. Carroll and the Rowe Von Pleasanton Estate.

ADOPTED:    November 25, 1985

MONTHLY REPORT - OCTOBER

By motion of Mr. Witt, seconded by Mr. Christiansen, the following monthly reports for October were approved:

            Chief of Police Report

            Building Inspector and Fire Marshal Report

            City Alderman Report

City Manager Report

J.P. Court #7 Report

General Fund, Cash Receipts Report

            General Fund, Budget Report

            Inter-Governmental Service Fund, Revenue & Budget Report

Electric Revenue Fund, Revenue Report

            Electric Revenue Fund, Budget Report

Improvement and Extension Fund, Cash Receipts & Budget Report

General, Water/Sewer, and Electric Revenue Fund, Cash Receipts and Disbursements Report

SAFETY ADVISORY COMMITTEE REPORT

The Safety Advisory Committee met on October 29, 1985 at 3:30 p.m. with Chairman Witt presiding.

Ordinance - Swimming Pool Enclosures

In response to citizens who are concerned about the locking devices and fencing around outdoor swimming pools, the committee recommended enforcement of the City Code that requires all pools, both above and below ground, to be enclosed by a 4' fence that incorporates a self-locking device. All existing pools will be required to abide by the ordinance, stipulating that the ordinance be publicized through the news media, giving reasonable time for owners to comply. The committee also recommended that the City Solicitor and Mr. Roe devise an ordinance for submission to the committee for a recommendation to Council.

Mr. Witt moved for the recommendation of the committee, seconded by Mr. Christiansen and unanimously carried.

Stop Sign - Ross and Pear Streets

The committee discussed at length a request for a stop sign at the intersection of Pear and Ross Streets to afford further protection for school children attending Fairview Elementary School. A suggestion that the school district furnish monitors for the crossing did not materialize.

It was further suggested that a moveable or rotating type of stop sign be utilized at the intersection of Pear and Ross Streets to afford further protection for school children attending Fairview Elementary School. A suggestion that the school district furnish monitors for the crossing did not materialize.

It was further suggested that a moveable or rotating type of stop sign be utilized at the intersection only during morning and afternoon hours when school convenes and is dismissed during the afternoon.

Mr. Weyandt pointed out a letter under correspondence from Dr. Goate’, Superintendent of Capital School District, that advised that he and his staff would be supervising the intersection until November 15th. He requested that a stop sign that can be controlled during time periods that children will be travelling to and from school be installed as soon as possible. He also stated that a member of the staff at Fairview Elementary School will control the operation of the sign during needed period of the day.

Mr. Weyandt advised of contacting a City department and was informed that a sign could be made up for use at the intersection in a short period of time. He moved to authorize the City Manager to proceed with the manufacturing of the sign to be handed over to the school district for their use and safe keeping. The motion was seconded by Mr. Christiansen.

Mr. Shevock suggested that the matter of the stop sign should be reconsidered since the entire area of Fairview has been blanketed with stop signs. He pointed out that Pear Street is the only direct route to commercial and other types of businesses in this section of the City. He also pointed out that children going to Fairview Elementary School have only one block to walk where a control button is provided at the intersection of Walker Road and Pear Street.

Mr. Christiansen stated that Ross Street, through the entire residential area of Fairview, was established as a safe street where children have been routed to school. The only street that has not been signed on the route is Pear Street. Pointing out that the sign would only exist during the morning and afternoon for short periods of time, he felt that this is a viable compromise to installing a permanent four way stop.

Mr. Shevock moved to table the placement of a movable stop sign at the intersection of Ross and Pear Streets, seconded by Mr. Ambruso and carried by a vote of five (5) yes, three (3) no.

Mr. Witt moved for acceptance of the Safety Advisory Committee Report as submitted, seconded by Mr. Christiansen and unanimously carried.

PARKS AND RECREATION COMMITTEE REPORT

The Parks and Recreation Committee met on November 25, 1985 with Chairman Witt presiding.

Request to Build Dock and Gazebo - Silver Lake - Luther Towers

The Parks and Recreation Committee met briefly to discuss a request by owners of Luther Towers to build a dock and gazebo on Silver Lake, located behind their facility on Kings Highway, N.E.

The committee, with City staff and five members of the Board of Directors of Luther Towers, met at the site to review the location of the proposed dock and gazebo.

The committee recommended approval of the facility. Mr. Witt noted extensive plans submitted by Luther Towers which were reviewed by committee members.

Mr. Witt moved for approval of the dock and gazebo to be located behind Luther Towers, seconded by Mr. Shevock and unanimously carried.

By motion of Mr. Shevock, seconded by Mr. Christiansen, the Parks and Recreation Committee Report was approved as submitted.

LEGISLATIVE AND FINANCE COMMITTEE REPORT

The Legislative and Finance Committee met on November 5, 1985 at 7:30 p.m. with Chairman Boaman presiding.

Method of Payment to Council Members

Due to recent legislation that allows Council members to be paid on the basis of reimbursement of expenses rather than salary, the City Clerk’s Office suggested issuing Council checks for meeting attendance at the end of December 1985, which is customary. Another series of checks will be issued after the election in April 1986. Each year thereafter, all checks will be issued after the April election.

The committee recommendation approval of the method of payment as proposed.

Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.

Delaware Solid Waste Authority - Review of Legislation - Tax Exempt Properties

Mr. Boaman noted that the City unsuccessfully attempted to have a bill passed by the General Assembly to allow property taxation of state or county property that is being rented on a profit making basis. It was the committee’s opinion that the City of Dover should further pursue a legislative bill relative to this matter.

The committee recommended that the City Assessor, working with Solicitor Rodriguez, rewrite the synopsis to better define the purpose of the legislation. It was also recommended that the legislation be in complete form before submission to Senate and House representatives and that the document be presented to the Legislative and Finance Committee prior to submission to the General Assembly.

Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Witt and unanimously carried.

Amendment to Library Grants Budget

The committee recommended that the Library Expansion/Renovation Project be set up in a separate construction fund to more clearly define construction expenditures for bookkeeping purposes only. They also recommended the revision of the existing grants fund budget for fiscal year 1985/86 to reflect the following:

      Library Grants Fund                                             85-86 Budget

            General Fund                                                  $ 138,012

            G.O. Bonds                                                           300,000

            Interest                                                                    18,000

            Friends                                                                      3,500

            Bequest                                                                   11,000

            Foundation                                                              27,000

            Library Operating Budget                                       10,000

            LSCA II                                                           148,936

                                                                                    $ 656,448

Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Christiansen and unanimously carried.

Mr. Boaman moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Witt and unanimously carried.

UTILITY COMMITTEE REPORT

The Utility Committee met on November 14, 1985 at 4:30 p.m. with Chairman Richter presiding.

William Hurley - Request for Conveyance of Land

A letter from N. Maxson Terry, Jr., attorney for William Hurley, requested that the City consider conveying a strip of land (4.98 feet wide and 90 feet long) on the southwest corner of Bank Lane and New Street, adjacent to lands owned by Courtney Square Associates.

Noting that the City owned land would only be beneficial to Courtney Square Associates, the committee recommended that the City of Dover retain ownership until such time that Courtney Square Associates make a request for conveyance.

Mr. Richter moved for the recommendation of the committee, seconded by Mr. Christiansen and unanimously carried.

Request to Abandon Alley - Robert Carter

A letter from Mr. Robert D. Carter advised that he is proposing to acquire a parcel of property located at 235 Water Street for commercial use. An alley running east and west between New and Queen Streets separates the two lots that Mr. Carter plans to purchase. He requested that the City abandon the alley since it serves no practical purpose to the City.

Staff recommended abandonment of that portion of the alley between the two lots Mr. Carter proposes to purchase, but maintain the existing right-of-way in the form of a utility easement.

By motion of Mr. Richter, seconded by Mr. Weyandt, Council by a unanimous roll call vote, adopted the following resolution:

A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A CERTAIN ALLEY SITUATED IN THE CITY OF DOVER:

BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:

Section 1.        The Council of the City of Dover favors the vacating and abandonment of the following alley:

ALL that certain portion of an unopened alley lying between duPont Street and Water Street, more particularly described as follows:

BEGINNING at a point in the easterly right of way of Queen Street where the right of way intersects the northerly line of said public alley, thence running with said alley in an easterly direction for a distance of 50 feet to a point in line of the lands N/L of Kimberly (Fox) Shellman and thence forming a new line running in a southerly direction a distance of 15 feet to a point in the southerly line of the alley and lands of Shellman; thence, running with said lands of Shellman in a westerly direction for a distance of 50 feet to a point in the easterly right of way of Queen Street; thence, running with said right of way in a northerly direction for a distance of 15 feet to the point and place of beginning.

Containing 750 square feet, more or less.

Section 2.        The Council of the City of Dover will sit on Monday, December 23, 1985 at 7:30 p.m. at City Hall to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158, Volume 36, Laws of Delaware).

Section 3.        The Clerk of Council is hereby directed to post copies of this resolution in five or more public places in the City of Dover and publish the same in a newspaper published in the said City.

ADOPTED:    November 25, 1985

In his letter, Mr. Carter also pointed out that the City owns a small strip of property located on the easterly side of Queen Street, between Water Street and duPont Street. This small strip of property was residue from the original widening and construction of Queen Street. Mr. Carter pointed out that the property serves no purpose and would only be advantageous to owners of the adjacent property.

The committee recommended that the City sell the strip of land fronting on Queen Street to Mr. Carter at the appraised value of 20 cents per square foot, stipulating that the expense of all legal work for preparation and transfers are to be borne by Mr. Carter.

Mr. Richter moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.

Rodney Village Pumping Station Abandonment - Letter from Camden/Wyoming Sewer and Water Authority

The City Manager advised the committee that in 1982 the City requested permission from Kent County to discharge the sewage flows being handled by the Rodney Village pumping station into the Isaac Branch gravity sewer originating in Camden/Wyoming which is on the east side of Rodney Village pumping station. Earlier in 1985, the City again approached Kent County with a request of diverting the flow so that the Rodney Village pumping station could be dismantled. The City Manager advised the committee that the agreement, as it stands, is acceptable depending on the method used to bill the City which has not yet been ascertained. He requested authorization to enter into an agreement with the County, upon further clarification of information in the agreement. If Kent County, in the future, finds it necessary to expand the system, the City would pay the prorated share for expansion to compensate the capacity being used by Rodney Village.

The committee recommended that the City Manager negotiate an agreement with the County to be submitted for formal review by the Utility Committee.

Design Phase Services for Wastewater Collection System Improvement - Dover Brook Gardens and State College Road

The committee was advised that on March 3, 1983 an engineering services agreement was signed with Terraqua Resources Corporation to conduct a Step I Wastewater Facilities Plan Study for Dover Brook Gardens, State College Road, and Whiteoak Road. On March 26, 1984, an agreement was also signed to utilize Terraqua throughout the design phase. It is now necessary to enter into an agreement for engineering services throughout the construction phase of the project.

The City Manager has negotiated with Terraqua who submitted the following prices for use in the agreement:

      Bid Negotiating                            -          Lump Sum                              -          $ 8,160

      Construction Surveillance            -          Lump Sum                              -          $49,664

      Grants Administration                  -          Per Diem, Not To Exceed      -          $ 7,569

      Resident Project Representative   -          Per Diem, Not To Exceed      -          $84,060

The committee recommended that the City Manager be authorized to enter into an agreement with Terraqua Resources Corporation for engineering services during construction for a total price of $149,453.

Mr. Richter moved for the recommendation of the committee, seconded by Mr. Bulley and unanimously carried.

Retreat III - Acceptance of Streets and Utilities

The committee was informed that the developer of Retreat Section III has requested that the streets and utilities within the subdivision be accepted for maintenance and ownership by the City. The City Manager advised that staff has inspected the improvements and provided the developer with a list of repairs to meet City standards. The repairs have been completed, a one year maintenance agreement and bond have been executed, a release for liabilities to the City has been signed and as-built drawings have been submitted.

The committee recommended acceptance of Lost Tree Court in Retreat III.

Mr. Weyandt noted that the City Manager will execute the provisions of the posted bond in case of any irregularities in the street and utilities.

Mr. Richter moved for the recommendation of the committee, seconded by Mr. Weyandt and carried by a unanimous roll call vote.

The Greens of Dover - Section III - Acceptance of Streets and Utilities

The developer of The Greens of Dover, Section III has requested that Field Stone Court, Cold Spring Place, and Stone Break Place (including alleys and utilities), be accepted for maintenance and ownership by the City. It was noted that the streets and utilities were constructed under the City’s new standards and specifications.

City staff has inspected the improvements and provided the developer with a list of repairs which have been completed. A one year maintenance agreement and bond have been executed, a release from liabilities to the City has been signed, and as-built drawings have been submitted.

The committee recommended acceptance of the dedication of rights-of-ways and utilities in The Greens of Dover Section III that includes Field Stone Court, Cold Spring Place, Stone Break Place and alleys and utilities.

Mr. Richter moved for the recommendation of the committee, seconded by Mr. Bulley and carried by unanimous roll call vote.

69kV Line - Extension for Phase II

The committee was advised that Phase I of the 69kV line was based on unit prices submitted by C.W. Wright. Phase II design has been completed for the balance of the project. C.W. Wright has expressed interest in completing portions of the project using the unit prices of Phase I. This would not include work on Route #13 and Leipsic Road which must be bid in December. It was noted that Phase I unit prices came in considerably lower than City engineers has estimated.

The committee recommended that the existing contract be extended with C.W. Wright to include portions of Phase II utilizing the same unit price as Phase I in an amount not to exceed $52,473.

Mr. Richter moved for the recommendation, seconded by Mr. Bulley and carried by a unanimous roll call vote.

Bicentennial Project Grant Application

Mr. Richter noted that the City Manager has filed application for grant monies in conjunction with the State Bicentennial Celebration. The funds will be designated for utility services in the downtown Historic District to convert overhead electric lines to underground service. This would necessitate City of Dover matching funds up to $200,700 which would be divided between fiscal years 1986 and 1987.

Mr. Weyandt moved for approval of the Utility Committee Report as submitted, seconded by Mr. Bulley and unanimously carried.

ROBBINS COMPANY - NOVEMBER 18, 1985 ELECTION - JUDGES COUNCILMEN WEYANDT AND BULLEY - CITY CLERK WILLIS

The City Clerk read into the record the following results of the November 18, 1985 Robbins Hose Company Election:

                        Chief                                       -                      John Willson

                        Deputy Chief                          -                      Terry Whitham

                        First Assistant Chief               -                      Charles H. Boyer

                        Second Assistant Chief           -                      Doug Haddad

                        Third Assistant Chief             -                      Robert Quillen, Jr.

                        Fire Line Captain                    -                      William R. Staats, Jr.