REGULAR COUNCIL MEETING

The Regular Council Meeting was held on October 12, 2009 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters, and Mr. Ruane.

Council staff members present were Police Chief Horvath, Mrs. Teal, Mrs. Townshend, Deputy Fire Chief Enright, Mr. DePrima, City Solicitor Rodriguez, 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.

There was no one present wishing to speak during the Open Forum.

The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. McGlumphy moved for approval of the agenda, seconded by Mrs. Russell and unanimously carried.

Mr. McGlumphy moved for approval of the Consent Agenda, seconded by Mr. McGiffin and carried by a unanimous roll call vote.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 28, 2009

The Minutes of the Regular Council Meeting of September 28, 2009 were unanimously approved by motion of Mr. McGlumphy, seconded by Mr. McGiffin and bore the written approval of Mayor Carey.

PROCLAMATION - HALLOWEEN TRICK-OR-TREAT

The City Clerk read the following Proclamation into the record:

WHEREAS, the children of the City of Dover enjoy the fun and festivities associated with the observance of the Halloween Trick-or-Treat custom of traveling with friends and family going from door to door in their neighborhood, displaying their costumes, and gathering treats; and

WHEREAS, parents are urged to join in the festivities by accompanying their children throughout their journeys in celebrating Halloween Trick-or-Treat; and

WHEREAS, residents are requested to indicate their willingness to welcome children by keeping their porch or exterior lights on and that youngsters call only on homes so lighted; and

WHEREAS, the Mayor of the City of Dover has deemed it advisable to observe the celebration of Halloween Trick-or-Treat on Saturday, October 31, 2009 between the hours of 6:30 p.m. and 8:30 p.m.

NOW, THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim that the Halloween Trick-or-Treat observance be held on the 31st day of October 2009, between the hours of 6:30 P.M. and 8:30 P.M. in the City of Dover and urge all residents, both young and old, to make this a happy and safe occasion for our children.

PRESENTATION - AMERICAN PLANNING ASSOCIATION (APA) - DESIGNATION OF THE DOVER GREEN

The American Planning Association (APA) has designated The Green as one of the 10 Great Public Spaces for 2009. APA Great Places exemplify exceptional character and highlight the role planners and planning play in creating communities of lasting value. This is the first Great Places in America

designation in Delaware.

Mayor Carey presented the certificate of designation to Mrs. Ann Marie Townshend, Director of Planning and Community Development.

In celebration, Council President Williams invited the public to The Green on October 17th from 12:00 noon to 2:00 p.m. for an award presentation, cake and punch, as well as individuals in historic dress, and music. She congratulated and thanked the Planning Department for all of their efforts.

Mrs. Townshend thanked Ms. Cindy Small, Ms. Elaine Brenchly, Mr. Ed Perez, Mr. Michael Albert, and Mrs. Dawn Melson-Williams for their work in providing the requested information to the APA.

PRESENTATION - THE MAYOR’S ARTS AWARDS - DOVER SYMPHONY

Mayor Carey advised members that Mayor Speed established the Mayor’s Arts Awards to recognize and honor those who promote and expand the arts in Dover. This is the third consecutive Arts Award Presentation.

Mayor Carey reminded members that the variety of arts, entertainment and education available in Dover helps to make the area a better place to live and work, which is good for the community, economy, and the future.

Four recipients were honored for the part that they are playing in increasing the awareness of the Arts in Dover, as follows:

Mr. Jeffrey Mask - The Kent County Theater Guild (award accepted by Mr. Dennis Stanton). For over 55 years the Kent County Theatre Guild has made Dover a better place to live by staging quality plays and giving actors of varied experience chances to grow, shine, and delight, all while keeping ticket prices low.

Ms. Connor Graham - Dover High Senior. Ms. Graham is known as a natural leader and has performed in Dover High musicals and with the Ballet Theater of Dover. She volunteers at Holy Cross Elementary School.

Ms. Julianne Morris - Sang the National Anthem at her graduation from Polytech High School this year, capping a series of accomplishments that included performing roles such as the female lead in Romeo and Juliet, West Side Story, and Guys and Dolls.

Mr. Conor McGiffin - Dover High Senior. Mr. McGiffin has delighted local audiences since he began acting, singing, and dancing with the Children's Theater of Dover at age seven and a half. He has been a lead in every Dover High School production since his freshman year, and was the second local student to dance the role of the Nutcracker Prince for the Ballet Theatre of Dover.

PUBLIC HEARING/FINAL READING - PROPOSED ORDINANCE #2009-18 WITH PARKS, RECREATION, AND COMMUNITY ENHANCEMENT (PR&CE) COMMITTEE AMENDMENT #1

A public hearing was duly advertised for this time and place to consider approval of zoning text amendments that propose to add electric power generation as a permitted use within the IPM-2 zone and amend the minimum lot size in the IPM-2 zoning district from 50 acres to 10 acres.

Mr. McGlumphy 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 the Ordinance was accomplished during the Council Meeting of August 24, 2009).

Mrs. Townshend advised members that Staff developed the proposed ordinance in regards to on-going planning for Garrison Oak, the only site in the City that is within the IPM2 Zone. The proposed amendment would add electricity generation as a permitted use and modify the bulk standards, reducing the minimum lot size to 10 acres, with a minimum width and depth of 100 feet. She noted that the Planning Commission recommended adoption of the proposed amendments.

Council President Williams declared the hearing open.

There being no one present wishing to speak during the public hearing, Council President Williams declared the hearing closed.

Mr. Ruane moved for adoption of PR&CE Committee Amendment #1 to Ordinance #2009-18. The motion was seconded by Mr. McGlumphy and, by a unanimous roll call vote, Council adopted the ordinance, as follows:

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

That Ordinance #2009-18 be amended by deleting the word "fuel" from line 22 and replacing it with "power source".

ADOPTED:    OCTOBER 12, 2009

Mr. Ruane moved for adoption of Ordinance #2009-18, as amended. The motion was seconded by Mr. McGlumphy and, by a unanimous roll call vote, Council adopted the ordinance, as follows:

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

That Appendix B - Zoning, Article 3 - District Regulations, Section 20A. - Industrial Park Manufacturing Zone – Technology Center (IPM2), be amended to read as follows:

Section 20A. Industrial park manufacturing zone--Technology Center (IPM2).

20A.1 Uses permitted. No building or premises shall be used and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following, and in accordance with performance standards procedure as set forth in article 5, section 8, and subject to site development plan approval as set forth in article 10, section 2:

20A.11 Manufacturing, assembling, converting, altering, finishing, cleaning, cooking, baking or any other type of manufacturing, industrial, or technological processing of any goods, materials, products, instruments, appliances, biotechnology, and devices, provided that the fuel used shall be oil, gas or electricity; together with incidental clinics, cafeterias and recreational facilities for the exclusive use of employees of the concern engaged in such undertaking.

20A.12 Research, design, testing and development laboratories.

20A.13 Offices for corporate support operations for financial services, insurance, and health care industries.

20A.14 Agricultural or farm uses as defined and permitted in article 3, section 1.11.

20A.15 Production of electricity provided that the power source used shall be gas, oil, solar or wind.

20A.2 Uses prohibited. The following uses are specifically prohibited:

20A.21 Residences, except those existing at the time of adoption of this amendment.

20A.22 Manufacturing uses involving primary production of the following products from raw materials: Asphalt, cement, charcoal, and fuel briquettes; chemicals: aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, and carbon black and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates (manufactured and natural) of an explosive nature, potash, and synthetic resins, pyroxylin, rayon yarn, and hydrochloric, nitric, phosphoric, picric, and sulphuric acids; coal, coke, and tar products, including gas manufacturing; explosives, fertilizers, glue, and size (animal); linoleum and oil cloth; matches; paint, varnishes, and turpentine; rubber (natural or synthetic); [and] soaps, including fat rendering.

20A.23 Storage and warehousing, except that which is incidental to the primary use on the lot.

20A.24 The following processes: nitrating of cotton or other materials; magnesium foundry; reduction, refining, smelting, and alloying of metal or metal ores; refining secondary aluminum; refining petroleum products, such as gasoline, kerosene, naphtha, [and] lubricating oil; distillation of wood or bones; [and] reduction and processing of wood pulp and fiber, including papermill operations.

20A.25 Operations involving stock yards, slaughter houses, and slag piles.

20A.26 Storage of explosives, [and] bulk or wholesale storage of gasoline above [the] ground.

20A.27 Dumps.

20A.28 Quarries, stone crushers, screening plants, and storage of quarry screenings, accessory to such uses.

20A.29 Junkyards, automobile dismantling plants or storage of used parts of automobiles or other machines or vehicles or of dismantled or junked automobiles.

20A.6 Site development plan approval. Site development plan approval, in accordance with article 10, section 2 hereof, shall be required for either conventional individual lot development or planned industrial park development of land zoned IPM prior to the issuance of building permits for the erection or enlargement of all structures and prior to the issuance of certificates of occupancy for any change of use.

20A.7 Performance standards. All uses are subject to performance standards as set forth in article 5, section 8.1.

BE IT FURTHER ORDAINED:

That Appendix B - Zoning, Article 4 - Zoning Bulk and Park Regulations, Section 4.16 - M. IPM Zones, be amended to read as follows:

Section 4.16. M, IPM zones.

            Bulk and parking regulations for industrial zones in M and IPM [districts are as follows]:

TABLE INSET:

ADOPTED:    OCTOBER 12, 2009

PUBLIC HEARING/FINAL READING - PROPOSED ORDINANCE #2009-19

A public hearing was duly advertised for this time and place to consider approval of zoning text amendments that propose to amend some of the provisions within the sign regulations. They would also clarify some provisions and allow administrative flexibility on other provisions.

Mr. McGlumphy moved that the Final Reading of the proposed zoning text amendments be acknowledged by title only, seconded by Mr. Leary and unanimously carried. (The First Reading of the Ordinance was accomplished during the Council Meeting of August 24, 2009).

Mrs. Townshend advised members that Staff developed the proposed ordinance in response to a number of issues that have arisen in applying the provisions of the sign regulations, as adopted in 2001. The Board of Adjustment has reviewed a number of applications in recent years and granted

variances that would be no longer be necessary under the proposed provisions. The proposed changes would clarify portions of the sign regulations and add administrative flexibility in a number of areas. She noted that the Planning Commission recommended in favor of adoption of the ordinance, with several technical corrections. After reviewing these changes with the City Clerk, staff determined that the changes were technical and not substantive in nature. These technical corrections have been incorporated into the Final Reading. Mrs. Townshend advised members that the summary of the amendment originally provided in the packet was incorrect and a revised copy was provided.

Council President Williams declared the hearing open.

There being no one present wishing to speak during the public hearing, Council President Williams declared the hearing closed.

Mr. McGlumphy moved for adoption of Ordinance #2009-19. The motion was seconded by Mr. Ruane and, by a unanimous roll call vote, Council adopted the ordinance, as follows:

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

That Appendix B - Zoning, Article 5- Supplementary Regulations, Section 4 - Supplementary Sign Regulations, be amended to read as follows:

Section 4. Supplementary sign regulations.