REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 24, 2008 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. McGiffin, Mr. Hogan, Mr. Salters, and Mr. Ruane. Mr. Slavin was absent.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Second Assistant Fire Chief Whitt, Mr. DePrima, Ms. Garrison (City Solicitor’s Office), Mrs. McDowell, and Mayor Carey.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Ms. Sandra Stevens, representing residents of Persimmon Park Place, addressed members regarding the prohibition of parking on streets in Persimmon Park Place. She stated that residents were not aware of this restriction and explained that it prevents the residents from having guests. Although they realize that the streets are narrow, she suggested that parking be permitted on one side of the street.
Ms. Martha Handy, Persimmon Park Place, stated her concern regarding the flooding situation on Susan Drive. She advised members that the flooding condition remains for days after rain and that she had been advised that a swale was installed to alleviate this problem; however, she stated that if this has been accomplished, the swale has not corrected the problem. She provided members with photographs of the situation (as on file in the Office of the City Clerk) and requested that the City take action to resolve this situation.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hogan moved for approval of the agenda as presented, seconded by Mr. Salters and unanimously carried.
Mr. Hogan requested that item #8C, Results and Recommendations from Request for Proposals - Pay for Performance Consultant, be removed from the consent agenda.
Mr. McGlumphy requested that item #9D, City Manager’s Monthly Report, be removed from the consent agenda.
Mr. Salters moved for approval of the consent agenda as amended, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Slavin absent).
ADOPTION OF MINUTES - COUNCIL RETREAT OF JANUARY 25, 2008
The Minutes of the Council Retreat of January 25, 2008 were unanimously approved by motion of Mr. Salters, seconded by Mr. Leary and bore the written approval of Mayor Carey.
ADOPTION OF MINUTES - COUNCIL WORKSHOP OF MARCH 3, 2008
The Minutes of the Council Workshop of March 3, 2008 were unanimously approved by motion of Mr. Salters, seconded by Mr. Leary and bore the written approval of Mayor Carey.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 10, 2008
The Minutes of the Regular Council Meeting of March 10, 2008 were unanimously approved by motion of Mr. Salters, seconded by Mr. Leary and bore the written approval of Mayor Carey.
PROCLAMATION - FAIR HOUSING MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, fair housing issues are of concern to all citizens and discrimination continues against minorities in several areas of housing, including lending practices, areas of ownership and restrictive covenants dealing with the sale of homes; and
WHEREAS, the members of Dover's City Council have committed thousands of dollars in Community Block Grant Funds to support efforts to increase home ownership within the City of Dover; and
WHEREAS, many groups in Delaware remain committed to fair housing for all citizens, including the Delaware State Housing Authority, Delaware Housing Coalition, Housing Opportunities of Northern Delaware, and the Statewide Association of Tenants and the City of Dover has partnered with other groups to facilitate and advance housing issues.
NOW, THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim the Month of April 2008 as Fair Housing Month in the City of Dover, Delaware.
PROCLAMATION - MILITARY RETIREE APPRECIATION DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, the Military Retiree is an integral part of the Dover community and it is especially appropriate at this time to give special recognition to those who have served our country; and
WHEREAS, these outstanding citizens have devoted a major portion of their lives to the preservation of our heritage and freedom and we gratefully acknowledge that we live in freedom today because of the many sacrifices that have been made by valiant servicemen and women; and
WHEREAS, these patriots of Dover and many other communities will gather at the Dover Air Force Base for the Annual Retiree Appreciation Day celebration.
NOW, THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim Saturday, April 12, 2008 as Military Retiree Appreciation Day in the City of Dover and urge all citizens to honor these brave and heroic members of our community.
Mayor Carey presented the Proclamation to Ret. Lt. Col. Kenneth Smith of the Retiree Activities Office at Dover Air Force Base and relayed appreciation to all the personnel who have served to preserve our heritage and freedom.
Ret. Lt. Col. Smith relayed appreciation for the recognition and his love for the City of Dover, where he has chosen to retire.
PROCLAMATION - SCOTS-IRISH HERITAGE MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, from our great nations earliest beginnings, America has inspired the hopes and dreams of many from around the world, who join in wanting to experience and share the gifts of freedom and opportunity; and
WHEREAS, the majority of the Scots-Irish who came to America in the colonial period settled in Pennsylvania, Virginia, and the Carolinas. Nonetheless, there was significant Scots-Irish settlement in each of the thirteen American colonies, including Delaware; and
WHEREAS, traces of a more lasting legacy with the Scots-Irish may perhaps be found in the non-material culture—in the language and music of Appalachia, in their belief in the importance of the family farm, individualism, and public education—all features that one can detect in the typical American; and
WHEREAS, Scots-Irish month provides us the opportunity to recognize the contributions made by the Scots-Irish and the aiding they provided in the formation of our nation and in our country's rich heritage.
NOW, THEREFORE, I, CARLETON E. CAREY SR., MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the month of April 2008 as Scots-Irish Month and urge all citizens to take an active role in celebrating the accomplishments of the Scots-Irish in our society today.
Mayor Carey presented the Proclamation to Mr. Pete Gregg, State Deputy Chieftain of the American Clan Gregor Society, and recognized the many Scots-Irish who are residents of the City and their contributions.
PRESENTATION OF AWARDS BY MAIN STREET DOVER - ST. PATRICK’S DAY PARADE
Mr. Ed Perez, Main Street Director, presented awards for the 15th Annual St. Patrick’s Day Parade, as follows:
Category Recipient
Pot O’ Gold Award - Anything with Wheels Nur Shrine & Divian Members
The Blarney Award - Best Mascot Del Tech Terry Campus - Hammerin’ Hawk
The Green Machine Award - Best Float Kent County, 4-H Club
The Aran Award - Best Animal Holly and Jessica: Green Tea Cup Poodles
The Harp Award - Best Musical Group Del Tech Terry Campus - Drumline
The Shamrock Award - Most Authentic Irish Theme W.T. Smithers
Leprechaun Award - Best Brigade/Marching Unit The Bagpiper, William Franz
Mary Fitzpatrick Award (Best Overall) Eastern Shore Natural Gas Company
Mayor Carey thanked the numerous participants in this year’s parade.
PRESENTATION - POLICE DEPARTMENT ANNUAL REPORT
The Dover Police Department submitted their Annual Report to City Council during their Regular Meeting of February 24, 2008. Chief Horvath provided a Power Point Presentation (Exhibit #1), depicting highlights of the report.
Responding to Mr. Ruane, Chief Horvath indicated that the Red Light Camera Program has proven to be an effective tool for public safety.
PUBLIC HEARING/FINAL READING - PROPOSED ZONING TEXT AMENDMENTS
A public hearing was duly advertised for this time and place to consider approval of proposed zoning text amendments to Article 3 - District Regulations, Section 29 - Source Water Protection Overlay Zone (SWPOZ), that adds the protection of excellent recharge areas to the Source Water Protection Overlay Zone within Appendix B - Zoning Code. Members were advised that the Planning Commission recommended approval of the proposed amendments.
The proposed ordinance was reviewed by the Utility Committee and approved by City Council during their meeting of January 14, 2008, at which time the First Reading of the proposed amendments was accomplished. Since the ordinances will amend the zoning text, a public hearing is required.
Mr. Salters moved that the final reading of the proposed zoning text amendments be acknowledged by title only, seconded by Mr. Hogan and unanimously carried.
Mrs. Townshend, Director of Planning and Inspections, reminded members that the Wellhead Protection Area portion of the original ordinance was adopted by Council on November 26, 2007. The ordinance presented at this time is the portion relative to the Excellent Recharge Area Protection, which would restrict impervious cover within the areas identified as excellent recharge areas to 30%, but allows an increase in impervious cover to 60% when stormwater is infiltrated on-site. For redevelopment, it requires a 15% reduction in impervious cover. For a site development master plan where superior infiltration design is utilized, impervious cover may be increased to 75%. She stated that the ordinance also exempts the downtown redevelopment target area from the impervious cover requirements of this section.
Mrs. Townshend reviewed a Power Point Presentation of the proposed ordinance (Exhibit #2).
Council President Williams declared the hearing open.
Mr. Phil McGinnis advised members that, as a participant in the development of the proposed ordinance, he felt that it represents a fair compromise and relayed his support.
Mr. John Barndt, Source Water and Ground Water Protection Programs for DNREC, indicated the State’s support of the proposed ordinance.
Mr. Greg Moore, 309 S. Governors Avenue, relayed his appreciation to City Council and staff for working with the community in this endeavor.
Council President Williams declared the hearing closed.
Mr. Ruane moved for adoption of the following ordinance, seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mr. Slavin absent):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Appendix B - Zoning Ordinance, Article 3 - District Regulations, Section 29 Source Water Protection Overlay Zone (SWPOZ) be amended by inserting a new subsection 29.7 as follows:
29.7 Tier 3: Excellent Recharge Areas. Lands defined as Tier 3 lands, are areas which have been identified as 'Excellent Recharge Areas'. Recharge Areas are defined as land with high percentages of sand and gravel that have "excellent" potential for recharge as determined through a Stack Unit Mapping Analysis performed originally by the Delaware Geological Survey.
29.71 Applicability. The impervious cover restrictions of this section shall apply only to any activity requiring approval of the planning commission.
29.72 Impervious Surfaces. Impervious Surfaces within Tier 3 lands of the Source Water Protection Overlay Zone are limited to a maximum of 30%. Limits upon impervious surface apply to portions of a site which is within Tier 3 lands. New development may exceed the 30% impervious cover threshold up to 60% impervious cover provided the differential volume of stormwater generated from 30% to 60% impervious cover, based on the two-year storm, is infiltrated within an excellent recharge area. The use of infiltration shall be based upon the technical merits of the application as well as the ability to quantify the volume of recharge. All infiltration facilities shall be designed in accordance with the Delaware Sediment and Stormwater Regulations.
29.73 Redevelopment. Site Modification which requires Site Development Plan Approval must create a 15% reduction in the amount of impervious surface on the site when compared to pre-redevelopment conditions.
(a) If the 15% reduction would require a site to go below the 30% maximum impervious surface provision of Section 29.72, then the maximum impervious surface cover for the site is 30%.
(b) If stormwater is infiltrated within the excellent recharge area as per Section 29.72 then only an amount of reduction in impervious surface which is necessary to meet the 60% maximum will be required.
29.74 Storage Tanks. Underground Storage Tanks are prohibited within Tier 3 lands. Aboveground Storage Tanks which use, store, transfer, or dispose of any solid or liquid material or waste having potentially harmful impact on groundwater quality are prohibited within Tier 3 Lands.
29.75 Site Design. All reasonable efforts must be undertaken to position permanent structures on the portions of the property which are not subject to the Tier 3: Excellent Recharge Area. The particular desires of personal or corporate entities shall not constitute reasonable efforts.
29.76 Alternative Design Standards. It is the intent of this Ordinance to protect, conserve, and improve the available supply of potable water while still maintaining property rights. As such, where the restrictions of this Ordinance prevent development that would otherwise be reasonable and proper according to the base zoning, the applicant may request alternative design standards as part of their application and development plan. The Planning Commission may modify specific bulk standards when in the opinion of the Commission, it has been demonstrated that the use of alternative design standards is desirable and consistent with the protection of water resources. Alternative bulk standards include, but are not limited to changes in building height/stories, floor area ratio, or building setbacks.
29.77 Master Plans. Site development which occurs as part of a Site Development Master Plan as specified in the Zoning Ordinance, Article 10 §2.58 may consider the area of the entire Tier 3 portion of the master plan area when developing individual phases. This will allow for higher than prescribed amounts of impervious cover on specific portions of the Master Plan so long as the overall impervious surface for the entire Tier 3 Lands in the Plan remains in compliance with this section. On a site development Master Plan, when the City Engineer certifies that the project utilizes superior infiltration design that maximizes groundwater recharge, impervious cover may be increased to 75%.
29.78 Improvements to Existing Residential Lots. Improvements to existing residential lots, including additions to existing one-family dwellings, the placement of sheds, and fences are exempt from Section 29.7 and may be permitted when all other applicable zoning district bulk requirements are met.
29.79 Downtown Target Area. The Downtown Redevelopment Target Area as defined in Appendix C, Article II, Section 3 [Target Area] of the City of Dover Code of Ordinance shall be exempt from the requirements and restrictions of the Source Water Protection Overlay Zone.
29.710 Special Environmental Considerations. On sites where infiltration would be contrary to a clean-up agreement or other conditions imposed by the Department of Natural Resources and Environmental Control or the U.S. Environmental Protection Agency, the impervious surface limitations of this section shall not apply to the affected areas. Such sites shall be certified by the City Engineer through the development application process.
29.711 Procedure for Contesting the delineation of the Source Water Protection Overlay Zone. Data used to define these zones was generated in a report from the Delaware Geological Survey entitled, "Report of Investigations NO. 66, Ground-Water Recharge Potential Mapping in Kent and Sussex Counties, Delaware". Any challenges to the delineation of the Source Water Protection Overlay Zone must follow the methods provided in the above sited report to contest the delineation.
ADOPTED: MARCH 24, 2008
PUBLIC HEARING/FINAL READING - PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN UPDATE 2003, AS AMENDED IN MAY 2005, SEPTEMBER 2006, AND MARCH 2007 BY AMENDING LAND DEVELOPMENT MAP 11-1 BY CHANGING THE LAND USE TYPE FROM OFFICE AND OFFICE PARKS TO COMMERCIAL ON THAT PROPERTY LOCATED AT 998-990 FOREST STREET, OWNED BY RT. 8 & SAULSBURY ROAD, LLC
A public hearing was duly advertised for this time and place to consider approval of a proposed zoning text amendment to the Comprehensive Plan Update 2003, as amended in May 2005, September 2006, and March 2007 which would amend Land Development Map 11-1 by changing the land use type from Office and Office Parks to Commercial on that property located at 998-990 Forest Street, owned by Rt. 8 & Saulsbury Road, LLC.
Mr. Leary moved that the final reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. Salters and unanimously carried. (The First Reading of this ordinance was accomplished during the Council Meeting of February 11, 2007).
Planner's Review
Mrs. Townshend, Director of Planning and Inspections, reviewed the petition to amend the Land Development Plan Map of the Comprehensive Plan and the findings and recommendation of the Planning Commission. She advised members that the property consists of 2.18+/- acres located at 998-990 Forest Street, which is currently vacant, and that the proposed use is for a pharmacy. The subject parcels are currently zoned C-3 (Service Commercial) and C-PO (Commercial-Professional Office). The Land Development Plan map designates the portion of the site along Forest Street as Commercial and the southern parcels as Office and Office Parks. The applicant is requesting a change in the land use designation from Office and Office Parks to Commercial. Mrs. Townshend stated that there is a request for a zoning change that will be considered immediately following this item. She advised members that the properties are within the COZ-1 (Corridor Overlay Zone).
Council President Williams declared the public hearing open. There being no one wishing to speak, Council President Williams declared the hearing closed.
Mr. Salters moved for the adoption of the amendment to the Comprehensive Plan Update 2003, as amended in May 2005, September 2006, and March 2007 which would amend Land Development Map 11-1 by changing the land use type from Office and Office Parks to Commercial on that property located at 998-990 Forest Street, owned by Rt. 8 & Saulsbury Road, LLC. The motion was seconded by Mr. Hogan.
Mr. Ruane referred to the letter received from the Planning Coordination Office of Management and Budget for the State of Delaware, dated March 17, 2008, and concurred with their concerns with the City submitting plan amendments on a rolling basis, which is in direct conflict with a long-standing policy arrangement. He noted their opinion that individual, ad-hoc plan amendments subvert the goals of the municipality’s comprehensive planning process and stated his understanding of the State’s concerns in this regard. It was his feeling that the City has breached the memorandum of understanding with the State’s Planning Office and indicated that for these reasons, he would not support the proposed amendment.
The motion for adoption of the amendment to the Comprehensive Plan Update 2003, as amended in May 2005, September 2006, and March 2007 which would amend Land Development Map 11-1 by changing the land use type from Office and Office Parks to Commercial on that property located at 998-990 Forest Street, owned by Rt. 8 & Saulsbury Road, LLC, as recommended by the Planning Commission, was carried by a roll call vote of six (6) yes, two (2) no (Mr. Hogan and Mr. Ruane), and one (1) absent (Mr. Slavin), and Council adopted the following ordinance:
AN ORDINANCE AMENDING THE CITY OF DOVER COMPREHENSIVE PLAN UPDATE, 2003, AS AMENDED IN MAY 2005, SEPTEMBER 2006, AND MARCH 2007, BY AMENDING LAND DEVELOPMENT MAP 11-1 BY CHANGING THE LAND DEVELOPMENT PLAN DESIGNATION FROM OFFICE AND OFFICE PARK TO COMMERCIAL ON PROPERTY LOCATED AT 988-990 FOREST STREET
WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies within 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 Office and Office Parks to Commercial.
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 Land Development Plan Map of the City of Dover has been amended by changing the land development plan designation from Office and Office Parks to Commercial on that property located at 988-990 Forest Street (the southeast corner of Route 8 (Forest Street/Forrest Avenue and Saulsbury Road), owned by Rt. 8 & Saulsbury Rd, LLC.
ADOPTED: MARCH 24, 2008
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 988-990 FOREST STREET (SOUTHEAST CORNER OF RT. 8 - FOREST STREET/FORREST AVENUE AND SAULSBURY ROAD), OWNED BY RT. 8 & SAULSBURY RD., LLC
A public hearing was duly advertised for this time and place to consider rezoning of property located at 988-990 Forest Street (southeast corner of Route 8 - Forest Street/Forrest Avenue and Saulsbury Road), owned by Rt. 8 & Saulsbury Road, LLC. The property consists of 1.33+/- acres on four (4) parcels of land totaling 2.18 +/- acres. Two (2) parcels (0.95 acres) are currently zoned C-3 (Service Commercial) and the northern portion of two (2) parcels (0.38 acres) are currently zoned C-PO (Commercial-Professional Office), with the total area subject to COZ-1 (Corridor Overlay Zone). The proposed zoning for the 1.33 +/- acres is C-2A (Limited Central Commercial) and subject to COZ-1 (Corridor Overlay Zone) and the residual portion of the two (2) parcels will remain zoned C-PO and also subject to the COZ-1 (Corridor Overlay Zone). The developer is BBC Properties, Inc.
Mr. Salters moved that the final reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. Leary and unanimously carried. (The First Reading of this ordinance was accomplished during the Council Meeting of December 10, 2007).
Planner's Review
Mrs. Townshend, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #3). She noted that the rezoning request is associated with the amendment to the Comprehensive Plan previously considered by members.
Public Hearing
Council President Williams declared the hearing open. There being no one present wishing to speak, Council President Williams declared the hearing closed.
Mr. Salters moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Leary and by a roll call vote of six (6) yes, two (2) no (Mr. Hogan and Mr. Ruane), and one (1) absent (Mr. Slavin), 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 988-990 FOREST STREET
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 C-3 (Service Commercial Zone) and CPO (Commercial Professional Office Zone), subject to COZ-1 (Corridor Overlay Zone) to C-2A (Limited Central Commercial Zone) subject to COZ-1 (Corridor Overlay Zone).
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 have been amended by changing the zoning designation of two (2) parcels consisting of 0.95 +/- acres from C-3 (Service Commercial Zone) to C-2A (Limited Central Commercial Zone), subject to COZ-1 (Corridor Overlay Zone) and the northern portion of two parcels (0.38 acres) from CPO (Commercial Professional Office) subject to COZ-1 (Corridor Overlay Zone). The residual portion of two parcels will remain zoned as CPO (Commercial Professional Office) and subject to COZ-1 (Corridor Overlay Zone).
ADOPTED: MARCH 24, 2008
SPECIAL LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - MARCH 3, 2008
The Legislative, Finance, and Administration Committee met on March 3, 2008 with Chairman Slavin presiding.
Review of 2005 Charter Review Committee Recommendations - Article II (Continued)
During their meeting of September 10, 2007, members approved the schedule to complete a comprehensive review of the 2005 Charter Review Committee Recommendations, including public hearings in each election district, over the next six (6) months. Members began their review during their meeting on October 8, 2007.
During their meeting of January 14, 2008, Mr. Slavin noted that members would continue their review of the 2005 Charter Review Committee Recommendation at “Section 13 - Filling Vacancies for Council or Mayor (Section 2.06 - Vacancies; Forfeiture of Office; Filling of Vacancies, Subsection (c) - Filling of Vacancies, Model City Charter)”. As scheduled, members continued consideration of the recommendations to Article II - Mayor and Council, of the Dover Charter, as follows:
Section 13 - Filling Vacancies for Council or Mayor (Section 2.06 - Vacancies; Forfeiture of Office; Filling of Vacancies, Subsection (c) - Filling of Vacancies, Model City Charter)
Based on the discussion, Mr. Slavin suggested that rather than selecting the language from the current City Charter or the Model City Charter, members formulate recommendations for staff to develop appropriate language.
The committee recommended that when there is a single vacancy in excess of six (6) months in duration, a special election shall be held to fill the vacancy.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Slavin absent).
The committee recommended that when there is a single vacancy less than six (6) months in duration, the office shall remain vacant.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Slavin absent).
With regards to those situations when the membership of the City Council is reduced to less than five (5) members, Mr. Slavin suggested that members recommend that language be included to authorize the remaining members (by a majority action) to appoint additional members to raise the membership to seven (7).
Council President Williams referred to the recent tragedy in Kirkwood, Missouri which resulted in the loss of several members of their Council. She suggested that members obtain information as to the action the City of Kirkwood took to fill those vacancies. Mr. Salters suggested that staff contact the National League of Cities to obtain assistance in this regard.
The committee recommended that if there is a need for a Special Election, Council has 30 days to call for a Special Election and if they fail to do so, a Special Election shall be called by the Election Board.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Slavin absent).
Section 11 - Council to be Judge of Election Results and Qualification of Members (Section 2.07 - Judge of Qualifications, Model City Charter)
Mr. Ruane noted that the Model City Charter also includes the handling of forfeitures and that although the current City Charter has a section to address forfeitures, it does not include language for handling of forfeitures. He suggested that since Section 2 focuses on election results, the references of the election be moved to the Article which addresses elections and that Section 2.07 be retained and retitled “Forfeiture of Office” and eliminate “of the election” in the first sentence. It was his feeling that there are two (2) distinct elements included in this Section.
The committee recommended maintaining the language in Section 11 - Council to be Judge of Election Results and Qualification of Members, as stated in the current City Charter.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Slavin absent).
Mr. Salters questioned if the Section should also include the Mayor.
Based on the discussion of members, Mr. Slavin suggested that the City Solicitor be requested to review Section 2.07 of the Model City Charter to determine if such language should be included in the City Charter.
Section 16, Clerk of Council (Section 2.08 - City Clerk, Model City Charter)
Mr. Hogan suggested a combination of the languages found in Section 16 of the City Charter and Section 2.08 of the Model City Charter.
The committee recommended including the language in Section 2.08 - City Clerk, as stated in the Model City Charter, rather than Section 16 of the City Charter, by amending the Section as follows: 1) eliminating “or the City Manager” in the first sentence; and 2) the addition of “or ordinance” after “charter” in the second sentence.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Slavin absent).
Section 17, City Treasurer
It was noted that the Model City Charter does not provide a Section to address City Treasurer.
Mr. Ruane suggested that since the City Council recently changed the titled of City Treasurer to include Controller, the title throughout the section should read “City Controller/Treasurer”.
The committee recommended including the language in Section 17 of the current City Charter with the amendment to replace “City Treasurer” with “City Controller/Treasurer”.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Slavin absent).
Section 39 - Investigations by Council (Section 2.09 - Investigations, Model City Charter)
Mr. McGiffin explained that the Model City Charter provides a penalty provision, which he felt would be worth considering. Responding to Council President Williams, Mr. McGiffin stated that a legislative body establishes the penalties for which the courts administer.
The committee recommended including the language in Section 2.09 - Investigations, as stated in the Model City Charter, with the following amendments: 1) addition of “officer, employee,” prior to “or agency” in the first sentence; 2) addition of “Class A” prior to “misdemeanor” in the second sentence; and 3) replace “a fine of... ...or both” with “existing State Law”at the end of the last sentence.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Slavin absent).
Section 46 (Article IV - Financial Affairs) - Annual Audit (Section 2.10 - Independent Audit, Model City Charter)
It was noted that the topic of “Independent Audit” is included in the Financial Section of the Model City Charter. It was the consensus of members that it would be more appropriate to further consider this matter during the review of the Financial Management Article V (Section 5.11) of the Model City Charter.
Section 9 - Meetings of Mayor and Council-Generally (Section 2.11 - Procedure, Model City Charter)
Due to time constraints, Mr. Slavin stated that members will continue their review of the 2005 Charter Review Committee Recommendation at “Section 9 - Meetings of Mayor and Council-Generally (Section 2.11 - Procedure, Model City Charter)” during their next meeting.
By consent agenda, Mr. Salters moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Slavin absent).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - MARCH 10, 2008
The Legislative, Finance, and Administration Committee met on March 10, 2008 with Chairman Slavin presiding.
Proposed Fee Increases and New Fees
Mr. DePrima, City Manager, reviewed the presentation of proposed fee increases and new fees. In accordance with the Revenue Manual, he reminded members that staff is directed to review fees; however, he stated that this review does not necessarily equate to an increase. Mr. DePrima advised members that, as a result of meetings with the business community, the proposed fees have been decreased from staff’s initial presentation. Members were also provided ordinance amendments representing the proposed new fees and increases for consideration.
Staff recommended approval of the new fees and fee increases and adoption of applicable ordinance amendments.
Responding to Dr. Jones, Mr. DePrima stated that the goal is for the fees to cover 100% of the costs of providing services for Planning and Inspections, which allows the department to be self-supporting and eliminates any need for funding to be provided through taxes.
Mr. Ruane expressed his support for user fees and explained that the idea represents costs to the user rather than all residents. It was his opinion that there should be a link between the fees charged and the actual costs for providing the service, rather than the overall costs of the department. Responding, Mr. DePrima stated that staff has not developed a detailed methodology to assess the actual costs for providing the service; however, he assured members that an evaluation of staff’s time to provide a service was conducted and that there has been some analysis conducted to provide such service. Mr. Ruane suggested that staff research other municipalities (Paso Robles, California) that have developed a detailed methodology in this regard for possible implementation, rather than using comparisons and percentages.
Mr. Slavin relayed concern with part of the City paying for itself through fees, particularly if Council becomes more aggressive in a certain area which could serve as an escalator to higher fees without a control. He stated that this would be representative of a generally funded government and a specially funded government. He explained that when certain parts of a government are specially funded, there are inequities. He noted that there is a completely different fabric for services provided by police, fire, library, recreation, etc., when that staff is given the same instructions of providing a service that is not paid for through fees.
Although he felt it beneficial for members to conduct a thorough discussion regarding the proposed fee increases and new fees, Mr. Slavin noted that the budget team provided members of Council a presentation of revenue projections for fiscal year 2008 (Council Workshop held on March 3, 2008) and suggested that the consideration of any increase in fees or new fees would take place during the budget review by members of Council.
Responding, Mr. DePrima requested direction from Council prior to the presentation of the Budget. He noted that all proposed fee increases and new fees are proposed for next fiscal year, to become effective July 1, 2008.
Mr. Phil McGinnis, McGinnis Real Estate Company, urged members to deny the request for the fee increases and new fees. He noted that in the consideration of the planning and inspection costs associated with a new business, staff did not take into account the transfer tax or property tax revenues, as well as other benefits, that would be generated as a result of such projects. It was his opinion that the City runs a monopoly with regards to inspections since there is no other service provider for the real estate community to acquire inspections and, therefore, is obligated to pay the fees established by the City. He stated that although there may never be a good time to consider fee increases, due to the current economy, increases now would create an additional hardship.
Ms. Judy Diogo, Central Delaware Chamber of Commerce, relayed concern with regards to increasing fees at this time, feeling that it would discourage business from staying, as well as discourage businesses from coming to the community. With regards to the business license fees, she stated that businesses are also feeling the rise in their costs of doing business, explaining that these businesses have also realized an increase in their utility bills and other required expenses. Ms. Diogo advised members that small businesses are struggling during these times and encouraged members to deny the increase in fees. She also suggested that members review the duplication of services (services provided by other jurisdictions).
Mr. Todd Stonesifer, Representative of Kent County Association of Realtors, addressed members in opposition to the proposed fee increases and distributed a letter.
Mr. Frank Tenusak, Schoolhouse Lane, advised members that as a result of his past business experience as an entrepreneur, consultant, banker, commercial realtor, etc., he discovered that the cost and ease of doing business are the matters of concern for businesses. He stated that profits for businesses are decreasing while expenses are increasing. He also stated that there are costs involved for businesses for the time necessary to file for the various licenses and permits required by the State and local governments. Mr. Tenusak suggested that there be a consolidation of services with the State and/or County to disseminate the costs and minimize the paperwork for each jurisdiction.
Mr. McGlumphy felt that it would be beneficial for both the business community and the Mayor, Council, and City staff to meet on a regular basis. Although it is not a preferred idea for any member of Council, it was his opinion that a tax increase is probable, noting that the current tax rate for the City is low.
Mr. Salters suggested that action regarding this matter should be deferred until there is a better idea of the City’s expenses for the next fiscal year, as well as the projected income.
Concurring, Mr. McGlumphy felt that staff could prepare the proposed budget without consideration of the revenues that would be generated as a result of the proposed fee increases and new fees. He encouraged the budget team to utilize the revenue projections provided during the Mid-Year Review.
Mr. Leary advised members that a report by Standard & Poor indicated that the February payroll amounts declined by 63,000 jobs, which represents the second consecutive month for a decline. The report indicated that this information confirms that the economy is in recession. Based on this information, he also questioned if this would be the best time to consider increasing fees or instituting new fees.
Mr. Ruane reiterated his opinion that the fees are justified, as well as their increases, if they can be substantiated. It was his feeling that staff could improve substantiating the need for the fee increases and new fees. He noted that other jurisdictions have shown the linkage between the cost of government services and the necessity of increasing the cost of the service. Mr. Ruane suggested that the methodology provided by staff is not persuasive; however, it was his feeling that it could be if staff conducted further research.
Mr. Slavin advised members that a constituent who owned a rental property indicated to him that he was charged a rental fee by the City simply because the City could charge such a fee. Based on this comment, it was his feeling that this indicated that the constituent did not understand the fee nor did he think it was fair. He suggested that if the City assesses fees, members should assure that they are fair and understood. From the perspective of a small business owner, Mr. Slavin stated that fees charged to businesses are passed onto the customer. He questioned what would happen if the customer decided that they were not going to pay a certain amount for a product or service. Although members may not know what this amount may be, he suggested that all the various small increases push the consumer to that price that they are no longer willing to pay.
The committee recommended tabling the proposed fee increases and new fees.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Slavin absent).
Proposed Ordinance Amendment - Code Changes to Support Public Services Reorganization
Members were reminded that in March 2006, the City began a reorganization of the Department of Public Works and the Department of Planning and Inspections into the Public Services Group. Under this reorganization, Mrs. Townshend, Director of Planning and Inspections, advised members that the building construction inspections and licensing and permitting functions report to the Public Services Manager, not the City Planner (Director of Planning and Inspections). Members were provided proposed ordinance amendments that will codify the new reporting structure and allow for the City Planner and Building Inspector to be two (2) different people without losing the City Planner’s responsibility for the zoning ordinance.
Staff recommended adoption of the proposed ordinance amendments.
The committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Slavin absent). The First Reading of the ordinances will take place during the latter part of the meeting.
Results and Recommendations from Request for Proposals - Pay for Performance Consultant
During their meeting of January 28, 2008, committee members tabled the request to hire Management Advisory Group, at a cost of $34,965, to conduct a Review and Evaluation of the PFP Evaluation System until the Mid-Year Review. The committee removed this matter from the table.
Mr. DePrima advised members that the cost to hire Management Advisory Group was included in the Mid-Year Review of the City’s Budget.
The committee recommended approval of the request to hire Management Advisory Group, at a cost of $34,965, to conduct a Review and Evaluation of the PFP Evaluation System.
Mr. Hogan stated his feeling that the money required for this review is probably more than any potential excesses in salaries during the last three (3) to four (4) years. It was his opinion that this money would be better spent by conducting an efficiency study.
Concurring, Mr. Ruane stated his unreadiness regarding this issue and explained that the cost for the review and evaluation was higher than he had expected.
Mr. Hogan moved for approval of the committee’s recommendation to approve the request to hire Management Advisory Group, at a cost of $34,965, to conduct a Review and Evaluation of the PFP Evaluation System. The motion was seconded by Mr. Salters and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Hogan), and one (1) absent (Mr. Slavin).
Worker’s Compensation Fund - Excess Carry Forward Balance
Mrs. Mitchell, Finance Director/Treasurer, reminded members that the City of Dover is self-insured for Workers Compensation and has established a separate fund to account for these activities. She stated that the City’s actuary recommended maintaining a budget balance of approximately $800,000. The last actuarial analysis was conducted in 2005 and will be updated this fiscal year. She advised members that the budget balance as of June 30, 2007 was $1,403,393, which is $603,393 more than the recommended balance.
Staff recommended that the budget balance be reduced by $400,000 and that the excess be committed to be set aside for a possible stipend for the City’s current retirees ($100,000) and the remainder be transferred to the Civilian Pension Fund towards the unfunded liability, which is currently only 40% funded. Mrs. Mitchell explained that this action would, in effect, allow for excess funds in one employee benefit to cover a shortfall in another employee benefit.
The committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Slavin absent).
By consent agenda, Mr. McGlumphy moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and unanimously carried.
MONTHLY REPORTS - FEBRUARY 2008
By motion of Mr. Salters, seconded by Mr. Leary, the following monthly reports were accepted by consent agenda:
Budget Report
Chief of Police Report
City Assessor Report
Planning and Inspections Report
Referring to the Human Resources Section of the City Manager’s Report, Mr. McGlumphy relayed concern with the number of hours used for over-time, sick leave, and workman’s compensation. Due to the current economy, he suggested that efforts be made to reduce the number of over-time hours, and that staff reconsider the hiring of personnel. Mr. DePrima indicated that he would provide more specific details to members regarding the over-time hours.
Mr. Ruane requested an inclusion of the total registrations rather than just the month and total year to date for the Parks and Recreation and Library and specifics for those residents of Kent County and those outside of Kent County. With regards to the Public Services Department, he also requested the inclusion of the recycling statistics.
Mr. Salters moved for acceptance of the City Manager’s Monthly Report for February 2008, seconded by Mr. Hogan and unanimously carried.
PLANNED NEIGHBORHOOD DESIGN - SENIOR CITIZEN HOUSING OPTION - WAVE ENTERPRISES, LLC/STATE STREET SENIOR APARTMENTS - 1145 AND 1169 S. STATE STREET
The Planning Office received a proposal to establish a Planned Neighborhood Development, Senior Citizen Housing Option, on 1.0729+/- acres of land located at 1145 and 1169 South State Street, owned by Wave Enterprises, LLC. The property is located on the east side of South State Street, south of and adjacent to the YMCA. It was noted that this project is known as the State Street Senior Apartments.
Mrs. Townshend, Director of Planning and Inspections, reviewed the Planned Neighborhood Design Application provided to members and noted that the applicant proposes the construction of a 4-story apartment building to consists of 52-units. She stated that the plan presented lacks two (2) of the required design elements: common open space and the 40-foot buffer along the perimeter of the development. Should Council determine that the plan warrants further review by the Planning Commission, she stated that the applicant would need to first make application to the Board of Adjustment for a variance.
Mrs. Townshend reminded members that in accordance with Article 3, Section 24.1.a of the Zoning Ordinance, there is a three-step review and approval process for Planned Neighborhood Design, which is intended to “... encourage superior residential environments through a unified planning process...” . In the first step, the developer shall submit a general sketch plan to City Council for their consideration in determining whether or not the proposed project is of such a design and type that warrants further review by the Planning Commission. If Council determines that further review is warranted, then the project shall proceed to the second step, which is a more detailed Conditional Use Site Plan review and public hearing before the Planning Commission. This submission to City Council represents the first step in the review process.
Noting that the application would require a variance granted by the Board of Adjustment, it was Mr. Ruane’s opinion that the application does not meet the minimum requirements and questioned why the matter was presented to Council for consideration. Responding, Mrs. Townshend stated that the ordinance was intended to encourage the Senior Housing Option and that it includes a different set of standards; therefore, it was the consensus of staff that Council should determine if the design warrants further review and if so, then the matter would be reviewed by the Board of Adjustment to determine if the variances are warranted. She reiterated that if Council determines that the design and type warrants further review, it is understood that it would not be an indication that Council endorses the variances.
Responding to Mr. Hogan, Mr. Greg Moore of the Becker Morgan Group, representing the applicant, indicated that although the drawing does not depict the widening of State Street, the shared entrance between the property under consideration and the YMCA is proposed to be widened.
At the request of Mr. Ruane, Mrs. Townshend advised members of Senior PND’s that remain pending at this time, as follows: 1) Dove View - 192 units located next to the Modern Maturity Center; and 2) Luther Village - 524 units, which is currently at phase 2 of a nine (9) phase project. She stated that applicants must demonstrate that the proposal is consistent with the Comprehensive Plan, which currently indicates that there is a need for Senior Housing. Although staff is currently working on the Comprehensive Plan Update, it has not been determined if this remains a need in the City.
Mr. Leary moved that the Planned Neighborhood Development, Senior Citizen Housing Option of Wave Enterprise, LLC/State Street Senior Apartments at 1145 and 1169 South State Street warrants further review and should be referred to the Planning Commission. The motion was seconded by Mr. Salters and carried by a roll call vote of six (6) yes, two (2) no (Mr. McGiffin and Mr. Ruane), and one (1) absent (Mr. Slavin).
SETTING OF PROPERTY ASSESSMENT APPEALS AND APPOINTMENT OF ASSESSMENT APPEALS COMMITTEE
The City Assessor’s Office submitted a request for the 2008 Property Assessment Appeals to be scheduled for May 12, 2008 through May 16, 2008, between the hours of 9:00 a.m. and 5:00 p.m., with the understanding that the times are subject to change.
Mr. Hogan moved for approval of staff’s request to schedule the 2008 Property Assessment Appeals for May 12, 2008 through May 16, 2008, between the hours of 9:00 a.m. and 5:00 p.m. The motion was seconded by Mr. Salters and unanimously carried.
Council President Williams requested that Mr. Ruane, serving as Chair, Mr. Hogan, and Mr. Salters, be reappointed to the Assessment Appeals Committee.
Mr. Leary moved for approval of the appointment of the assessment appeals committee as recommended by Council President Williams. The motion was seconded by Mrs. Russell and unanimously carried.
PROPOSED RESOLUTION - ESTABLISHMENT OF EDUCATION LIAISON COMMITTEE/APPOINTMENT OF MEMBERS
Mr. Hogan moved for adoption of the Resolution establishing an Education Liaison Committee and appointment of members, seconded by Mr. Leary.
Mr. Ruane requested that in the future, consideration be given to the appointment of a Second District Councilman, since the district is within the Caesar Rodney School District.
The motion was unanimously carried with Mr. McGiffin abstaining (Mr. Slavin absent) and Council adopted the following Resolution:
COUNCIL RESOLUTION NO. 2008-06
WHEREAS, the City of Dover provides streets, electric, water, wastewater, traffic control and police and fire protection within the school districts; and
WHEREAS, it would be mutually beneficial to foster communications between the City of Dover and the School Districts.
NOW THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF DOVER HEREBY ESTABLISH AN EDUCATION LIAISON COMMITTEE WHICH SHALL:
1. Be advisory in nature and consist of two (2) non-voting, non binding members from each participating group, appointed annually by the Council President, with recommendations provided by the educational institution. The Council President shall designate the Chair and another Council Person to serve on the Committee. All appointments shall be confirmed by Council.
2. Have the objective of communicating issues between the City and the Districts without taking a stand on referendums, taxes, rates, etc. and bring recommendations as needed to the Mayor and Council for action.
3. Once established, the committee can be expanded to include charter and private schools, as well as colleges and universities.
4. The initial appointments shall be as follows:
Councilman Timothy A. Slavin, Chairperson
Councilman James G. McGiffin, Jr.
Dr. Kevin R. Fitzgerald, Caesar Rodney School District
Mr. Craig Wearden, Caesar Rodney School District
Mr. Thomas Keitel, Capital School District
Mr. Raymond Paylor, Capital School District
ADOPTED: MARCH 24, 2008
SET HEARING FOR APPEAL OF FINAL ORDER ON BUSINESS LICENSE FINAL ORDER - TAPROOM/ICE LOUNGE
Mrs. Townshend, Director of Planning and Inspections, advised members that on July 31, 2007, the City of Dover issued a provisional order on the business license for the Taproom/Ice Lounge. The reason for the order was due to adult entertainment at the establishment. She stated that at that time, the owners had the opportunity for a hearing before the licensing officer, for which she serves. There were conversations with the owner’s attorney and the City was advised that the owners declined the hearing but rather would make changes so that they would not fall under the adult entertainment definition.
Mrs. Townshend stated that after several complaints were received in January and February of 2008, staff visited the site in March 2008 and observed that the activities being performed on the site clearly met the definition of adult entertainment. On March 14, 2008, the City issued a final order, which is a revocation of the business license and ordered the business to cease operations. She noted that the letter dated March 17, 2008 from Mr. Kollias of Kooch and Taylor, the attorney representing the Taproom/Ice Lounge, requested an appeal of the revocation of the business license. Mrs. Townshend advised members that in accordance with Section 26-65 of the Dover Code, the decision of the license officer may be appealed to City Council. Staff recommended that an Appeal Hearing be scheduled before City Council during their next regularly scheduled meeting on April 14, 2008. Noting that the business is currently closed as a result of the final order, she also advised members that the owners have requested permission to operate the business until the date set for the hearing, since they do not feel that there was a violation of the ordinance. Therefore, in addition to setting the Appeal Hearing, Mrs. Townshend requested that Council make a determination as to whether or not the business should be permitted to operate between now and the date set for the hearing. She indicated that there is a police report that provides details regarding their inspection of the business operations of the Taproom/Ice Lounge.
Mr. Hogan moved to suspend the rules to allow for a 15-minute public hearing regarding this matter, seconded by Mr. Leary.
Mr. Ruane requested legal advice, relaying concern that the holding of a public hearing at this time would prevent a fairness to both parties. Responding, Mrs. Townshend suggested that members could discuss the request of the owners for permission to operate the business between now and the date set for the hearing, setting the perimeters narrowly so that discussion does not include evidence as to what did or did not occur that resulted in the final order.
Ms. Garrison, representing the City Solicitor, stated that members may accept public testimony to the extent of discussion regarding the continuation of operating the business on a provisional basis and the scheduling of an appeal hearing.
Mrs. Townshend advised members that the business owner has indicated that the behaviors observed, which resulted in the final order, are not behaviors tolerated and are requesting the opportunity to operate their business until the Appeal Hearing.
Mr. McGiffin felt that it would be reasonable and fair to allow the owners the opportunity to explain to Council why the business should remain opened pending a final hearing.
Mr. Hogan requested that the motion be amended by including the stipulation that discussion would be limited to only the issue regarding the temporary opening of the business until the Appeal Hearing. The seconder, Mr. Leary, had no objections with the amendment.
The motion to suspend the rules to allow for a 15-minute public hearing regarding this matter, with the stipulation that discussion would be limited to only the issue regarding the temporary opening of the business until the Appeal Hearing, was carried by a roll call vote of six (6) yes, two (2) no (Mr. Salters and Mr. Ruane), and one (1) absent (Mr. Slavin).
Mr. Justin Ruiz (51 Phillip Avenue) owner of Taproom/Ice Lounge, advised members that there are statements, regulations, Dover Ordinances, etc. posted within their establishment and that each employee has signed agreements indicating their understanding of these documents. He explained that there has already been a monetary loss as a result of the business being closed for the past two (2) weeks and that this loss would be detrimental if the business were closed an additional three (3) weeks. To ensure that the business is operated in compliance with the Dover Code, Mr. Ruiz indicated that security measures would be increased. He assured members that he would take whatever other action is necessary to allow for the business to remain opened and requested that staff provide assistance in this regard.
Responding to Mr. Hogan, Mr. Ruiz stated that the co-owner of the Taproom/Ice Lounge, Theresa Owens, is present at the establishment at all times.
In response to Mr. Leary, Mr. Ruiz indicated that it would be very difficult for the business to survive if they were to only provide food and beverage, explaining that their business is to provide entertainment in addition to food and beverage.
Mr. McGiffin moved to allow for the Police Chief to respond to the questions of Mr. Ruane, seconded by Mr. Hogan and unanimously carried.
Chief Horvath stated that although it would not be a hardship on the Police Department if the business were to remain open, there would be a cost involved, should the Inspections Department request the assistance of police officers.
Mr. McGiffin moved to set a Hearing for the Appeal of the Final Order on the Business License for the Taproom/Ice Lounge for the next Council Meeting, scheduled for April 14, 2008, seconded by Mr. Leary and unanimously carried.
In response to Council President Williams, Mr. McGiffin noted that affirmative action would be required by Council to allow the business to operate during the interim period. Noting that no further action has been taken by Council, Council President Williams announced that the Council will evaluate the matter during the Appeal Hearing scheduled for the next Council Meeting.
APPOINTMENT RECOMMENDED BY MAYOR CAREY - DAVID A. LEWIS, JR. - DOVER LIBRARY ADVISORY COMMISSION
Mayor Carey recommended the appointment of Mr. David A. Lewis, Jr. to serve on the Dover Library Advisory Commission to fill the expired term of Ret. Lt. Col. Clarence William Payke, which will expire June 16, 2012.
By consent agenda, Mr. Salters moved for approval of the appointment as recommended by Mayor Carey, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Slavin absent).
FIRST READING - PROPOSED ORDINANCES
Council President Williams reminded the public that copies of the proposed ordinance are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of April 14, 2008.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Ordinance Amendment as read by the City Clerk, by title only, as follows:
► Proposed Budget Ordinances (As a result of the Council Workshop held on March 3, 2008)
► Proposed Ordinance Amendments to Support Public Services Reorganization (Legislative, Finance, and Administration Committee)
► Chapter 22 - Buildings
► Section 22-32 - Additional Powers and Authority
► Article VI - Property Maintenance Code, Section 22-224 - Enforcement
► Article VIII - Leases, Section 22-333, Subsections (a) and (b)
► Chapter 26 - Section 26-32
► Appendix A - Subdivision, Article VI - Section F - General Grading
FIRST READING - PROPOSED ZONING TEXT AMENDMENTS
Council President Williams reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Since the ordinances are amendments to the Zoning Code, a public hearing is required. Staff recommended referral of the amendments to the Planning Commission on April 21, 2008, and that a public hearing take place during the Council Meeting of April 28, 2008, at 7:30 p.m., at which time, final action by Council will take place.
Mr. Salters moved to refer the amendments and set a public hearing before City Council for April 28, 2008 at 7:30 p.m., as suggested by staff. The motion was seconded by Mr. Leary and unanimously carried.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendments as read by the City Clerk, by title only, as follows:
► Appendix B - Zoning (Legislative, Finance, and Administration Committee)
► Article 3 - District Regulations, Section 8 - Mobile Home Park Zone, Subsection 8.2 - Site Development Plan Approval
► Article 5 - Supplementary Regulations, Section 8 - Performance Standards
► Article 5 - Supplementary Regulations, Section 16 - Tree Planting and Preservation
► Article 7 - Non-Conforming Buildings and Uses, Section 1 - Non-conforming Buildings and Uses, Subsection 1.4
► Article 8 - Enforcement and Penalties, Section 3 - Duties of the Building Inspector
► Article 9 - Board of Adjustment, Section 3 - Procedure
► Article 10 - Planning Commission, Section 1 - Approval of Conditional Uses and Section 2 - Site Development Plan Approval
► Article 10 - Planning Commission, Section 3 - Historic District Commission and Architectural Review, Subsection 3.42 - Responsibility of the Historic District Commission, Paragraph (b)
FIRST READING - PROPOSED ORDINANCE - GROWTH AND ANNEXATION PLAN AMENDMENT TO COMPREHENSIVE PLAN UPDATE 2003, AS AMENDED IN MAY 2005, SEPTEMBER 2006, AND MARCH 2007
Council President Williams reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Since the ordinances are amendments to the Comprehensive Plan, a public hearing is required. Staff recommended referral of the amendments to the Planning Commission on April 21, 2008 and that a public hearing be set before City Council for May 12, 2008 at 7:30 p.m. at which time, final action by Council will take place.
Mr. Ruane referred to the letter received from State Planning Coordination, Office of Management and Budget for the State of Delaware, dated March 17, 2008, which was provided to members regarding agenda item #5 previously considered earlier during this meeting and requested that staff brief members regarding this matter. Responding, Mrs. Townshend stated that the State requested that the City delay consideration of this annexation plan amendment until the regularly scheduled plan update, which is currently underway (due September 2008). They expressed concern regarding the piecemeal approach to annexation plan amendments and prefer to review such amendments by considering the entirety of the area in the Comprehensive Plan. They also requested that if it is brought into the annexation area, that the City use it as a Transfer of Development Rights (TDR) receiving area. Should the City determine that there is an extraordinary community benefit to the annexation of the property before the Comprehensive Plan Update, Mrs. Townshend stated that the State would not object; however, they were concerned with the consideration of changing annexation area at a time when the Comprehensive Plan Update is near completion.
In response to Mr. Ruane, Mrs. Townshend indicated that approximately 2/3 of those in attendance at the first of four (4) workshops scheduled for the Comprehensive Plan Update were residents of Artis Drive and were present due to their concerns regarding the annexation of property along Artis Drive. Relative to the State’s suggestion regarding the TDR, Mrs. Townshend stated that the City does not currently have a TDR ordinance; therefore, staff would not be prepared to apply a receiving area to the zone.
Mr. Hogan moved to deny the referral of the amendment to the Planning Commission as requested, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Slavin absent).
COUNCIL MEMBERS ANNOUNCEMENTS
There were no announcements by members of Council.
Mr. Hogan moved for adjournment, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 9:39 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of March 24, 2008, are hereby approved.
CARLETON E. CAREY, SR.
MAYOR
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