SPECIAL COUNCIL MEETING

A Special Council Meeting was held on December 21, 1994 at 4:00 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Weyandt, Mr. Salters and Mr. Hare. Mr. Tudor was absent.

Council staff members present were Mr. O'Connor, Mr. DePrima, Mrs. Green and Mr. Rodriguez.

Mr. Hare moved to adjourn into Executive Session, seconded by Mr. Leary and unanimously carried. Members reconvened at 5:21 p.m.

AGENDA ADDITIONS/DELETIONS

Mr. Leary requested the addition of item #2A, East Lake Partners Suit, and the deletion of item #3, Proposed Resolution - Investment Agreements.

Mrs. Malone moved to accept the agenda as amended, seconded by Mr. Leary and unanimously carried.

WILDCAT LANDFILL SETTLEMENT

In July 1993, the United States of America filed suit against Johnson Controls, Inc., seeking to recover response costs allegedly incurred in response to releases or threatened releases of hazardous substances from the Wildcat Landfill. Johnson Controls has named the City of Dover as a third party defendant in the suit, alleging that the City disposed of wastes containing hazardous substances at the Wildcat Landfill.

Mr. Pepper, Deputy City Solicitor, advised members that the United States of America has agreed to settle the case for $550,000. Johnson Controls and the Air Force are contributing $300,000 to the settlement. ILC and the City of Dover are to each contribute $80,000 to the settlement and the balance will come from JC Penneys, General Foods and Sherwin-Williams. Mr. Pepper stated that all of the parties have committed to the settlement except for the City. Although it has not been proven that the City disposed of any hazardous substance at the Wildcat Landfill, Mr. Pepper indicated that it would cost the City less to contribute $80,000 to the settlement.

Mr. Hare moved for approval of the Wildcat Landfill settlement in the amount of $80,000, seconded by Mr. Salters and carried by a unanimous roll call (Mr. Tudor absent).

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

A joint workshop was held on November 28, 1994 with members of City Council and the Planning Commission to discuss the East Lake Partners Suit filed against the City of Dover Planning Commission. As a result of discussions at that meeting, during their Regular Meeting of November 28, 1994, City Council recommended that a meeting be held by members of the Planning Commission to direct the City Solicitor to file an appeal regarding the East Lake Partners Suit and that prior to the next Regular Council Meeting (December 12, 1994), a decision be made as to whether the City should pursue the appeal or if the appeal should be withdrawn based upon information that can be brought together by all interested parties. It was felt that the filing of an appeal will give those involved the time necessary to decipher the judge's decision and the City's position. During the Regular Council Meeting of December 12, 1994, Council tabled action on the matter.

Mr. Leary moved that the matter of the East Lake Partners Suit be removed from the table, seconded by Mr. Hare and unanimously carried.

After extensive deliberations and investigations, Mr. Leary moved that the matter of the appeal regarding the East Lake Partners Suit be remanded to the actions of the City of Dover Planning Commission. The motion was seconded by Mr. Salters and carried with one (1) abstention (Mrs. Malone) and one (1) absent (Mr. Tudor).

Mr. Weyandt moved for adjournment, seconded by Mr. Leary and unanimously carried.

Meeting Adjourned at 5:30 P.M.

                                                                                    JANICE C. GREEN

                                                                                    ASSISTANT CITY CLERK

All orders, ordinances and resolutions adopted by City Council during their meeting of December 21, 1994, are hereby approved.

                                                                                    JAMES L. HUTCHISON

                                                                                    MAYOR

/jg