REGULAR COUNCIL MEETING

The Regular Council Meeting was held on November 13, 2007 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, and Mr. Salters. Mrs. Russell, Mr. Hogan, and Mr. Ruane were absent.

Council staff members present were Police Major Taraila, Ms. Russell, Mrs. Townshend, City Solicitor Rodriguez, and Mrs. McDowell.

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. Slavin moved for approval of the agenda as presented, seconded by Mr. McGlumphy and unanimously carried.

Mr. McGlumphy moved for approval of the consent agenda, seconded by Mr. Slavin and carried by a unanimous roll call vote.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 1, 2007

The Minutes of the Regular Council Meeting of October 1, 2007 were unanimously approved by motion of Mr. McGlumphy, seconded by Mr. Slavin and bore the written approval of Mayor Williams.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 22, 2007

The Minutes of the Regular Council Meeting of October 22, 2007 were unanimously approved by motion of Mr. McGlumphy, seconded by Mr. Slavin and bore the written approval of Mayor Carey.

CERTIFICATE OF APPRECIATION - ART BAGNER, CHARLES MUNROE, AND NORM QUIBLE - BOARD OF DIRECTORS OF THE WILD MEADOWS HOMEOWNERS ASSOCIATION

Mr. Slavin and Mr. McGiffin presented a Certificate of Appreciation to Mr. Art Bagner, Mr. Charles Munroe, and Mr. Norm Quible, which was read into the record by the City Clerk, in recognition of their service as members of the Board of Directors of the Wild Meadows Homeowners Association.

Messrs. Quible, Bagner, and Munroe thanked members for the recognition and, having all recently moved to the Dover area, expressed their love for their new residence in the City.

PRESENTATION - RECOGNITION OF SERVICE - KEN ROBERTSON - HISTORIC DISTRICT COMMISSION (SEPTEMBER 2002 THROUGH AUGUST 2007)

Noting the absence of Mr. Robertson, Council President Williams assured members that a Dover Cup would be presented to him in recognition of his many years of service on the Historic District Commission (September 2002 through August 2007) . Having served on the commission along with Mr. Robertson, Council President Williams relayed appreciation for his dedication and commitment to the City of Dover serving in this capacity.

PRESENTATION - PACE GLOBAL - FIRST NIGHT DONATION

Mr. Fred James, President of Pace Global, and Mr. Tim Sutherland, Chairman and CEO of Pace Global presented Mr. Tom Holt, representing First Night Dover, with a check in the amount of $10,000 for First Night Dover.

Mr. Holt thanked Mr. James and Mr. Sutherland for their very generous donation, noting that this is the second year a donation was received from Pace Global.

PROCLAMATION - WORLD DIABETES DAY

The City Clerk read the following Proclamation into the record:

WHEREAS, Diabetes affects over 20.8 million Americans, approximately 92,000 Delawareans, and is doubling in America every 12-14 years; and

WHEREAS, the center for Disease Control and Prevention has calculated that one third of Americans may have diabetes by the middle of this century; and

WHEREAS, Diabetes is a serious and debilitating diseases for which there is no cure and is the leading cause of kidney failure, blindness, and non-traumatic amputations of limbs; and

WHEREAS, Diabetes is perhaps the most expensive disease in the Western hemisphere, costing our country over $130 billion dollars per year, representing over 12% of the entire health care budget and over 25% of the Medicare budget; and

WHEREAS, countless citizens in our community and in our families have been affected by diabetes.

NOW, THEREFORE I, Carleton E. Carey Sr., Mayor of the City of Dover, Delaware do hereby proclaim November 14, 2007 as WORLD DIABETES DAY in the City of Dover to help raise awareness of this serious, expensive, and rapidly increasing disease.

PROCLAMATION - GIS DAY

The City Clerk read the following Proclamation into the record:

WHEREAS, technology plays a vital role in the continued growth of the City of Dover and the use, management, and exchange of geographic information technology is necessary for effective decision making by local, state, and federal governmental agencies; and

WHEREAS, Geographic Information Systems (GIS) provide data that allows for the identification of patterns and relationships of real-world conditions that ultimately lead to better decisions and improved delivery of services for the citizens of Dover as well as our surrounding communities; and

WHEREAS, geographic information has many useful applications and is a valuable resource used in the analysis of infrastructure, emergency services, homeland security, economic development, and long-range planning; and

WHEREAS, geography, the study of the Earth’s natural resources, features, climate, and population is important in understanding our relationship with the environment, and GIS technology aids us in this vital learning process.

NOW, THEREFORE, I, Carleton E. Carey Sr., MAYOR OF THE CITY OF DOVER, do hereby proclaim November 14, 2007 as GIS Day, and November 12 – 16, 2007 as Geography Awareness Week.

Mr. Koenig, Public Services Director, stated that although GIS is relatively new to the City, it is becoming more commonplace in the offices due to the efforts of Mr. Nowak, GIS Coordinator. He stated his excitement regarding the capabilities of the GIS and what this technology will be able to do for the staff, residents, and members of Council.

Mr. Nowak relayed appreciation for the recognition and invited everyone to attend GIS Day, which will be held tomorrow, November 14, 2007, from 10:00 a.m. to 4:00 p.m. at City Hall. GIS Day will provide insight into how the City and its employees are using the GIS and what it can accomplish.

PUBLIC HEARING/FINAL READING - PROPOSED ZONING TEXT AMENDMENT - APPENDIX B - ZONING ORDINANCE, ARTICLE 6 - OFF-STREET PARKING, DRIVEWAYS AND LOADING FACILITIES, SECTION 1 - PERMITTED ACCESSORY PARKING

A public hearing was duly advertised for this time and place to consider approval of proposed zoning text amendments to Article 6 - Off-Street Parking, Driveways and Loading Facilities, Section 1 - Permitted Accessory Parking of the Zoning Code, which would require a residential driveway to be at least as wide as the off-street parking space requirement of nine (9) feet. Members were advised that the Planning Commission recommended approval of the proposed amendments.

The First Reading of the proposed ordinance was accomplished during the Council Meeting of August 27, 2007. The ordinance was considered by the Parks, Recreation, and Community Enhancement Committee on September 11, 2007 and, due to deferral by the Committee, the Public Hearing was rescheduled for November 13, 2007. Since the ordinance will amend the zoning text, a public hearing is required.

Mr. Salters moved that the final reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. McGlumphy and unanimously carried.

Mrs. Townshend, Director of Planning and Inspections, reminded members that currently there is no minimum width requirement for residential driveways and that the proposed amendment would require a residential driveway to be at least as wide as the off-street parking space requirement of nine (9) feet.

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. Salters moved for adoption of the following ordinance, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mrs. Russell, Mr. Hogan, and Mr. Ruane absent):

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

That Appendix B - Zoning Ordinance, Article 6 - Off-Street Parking, Driveways and Loading Facilities, Section 1 - Permitted accessory parking, be amended by adding a new subsection 1.14, to read as follows:

            1.14     The minimum width of a residential driveway shall be 9 feet.

ADOPTED:    NOVEMBER 13, 2007

PUBLIC HEARING/FINAL READING - PROPOSED ZONING TEXT AMENDMENT - APPENDIX B - ZONING ORDINANCE, ARTICLE 10 - PLANNING COMMISSION, SECTION 2 - SITE DEVELOPMENT PLAN APPROVAL

A public hearing was duly advertised for this time and place to consider approval of a proposed zoning text amendment to Article 10 - Planning Commission, Section 2 - Site Development Plan Approval, of the Zoning Code, that would include a minimum threshold of 500 square feet of site disturbance for nonresidential site plans before Planning Commission review is necessary. Members were advised that the Planning Commission recommended approval of the proposed amendments.

The First Reading of the proposed ordinance was accomplished during the Council Meeting of August 27, 2007. The ordinance considered by the Parks, Recreation, and Community Enhancement Committee on September 11, 2007 and, due to deferral by the Committee, the Public Hearing was rescheduled for November 13, 2007. Since the ordinance will amend the zoning text, a public hearing is required.

Mr. Salters moved that the final reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. McGlumphy and unanimously carried.

Mrs. Townshend, Director of Planning and Inspections, reminded members that currently, any change of use that requires a certificate of occupancy is subject to review by the Planning Commission if it is adjacent to residential properties. She advised members that this is a cumbersome process and felt unnecessary in instances where a business vacates a building and a new business comes in and there are no exterior changes, no additions, and no site work. Currently, when there is a change of use, the new business is subject to review by the Planning Commission. The proposed amendment would include a minimum threshold of 500 square feet of site disturbance for nonresidential site plans before being subject to review and approval by the Planning Commission.

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. Salters moved for adoption of the following ordinance, seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mrs. Russell, Mr. Hogan, and Mr. Ruane absent):

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

That Appendix B - Zoning Ordinance, Article 10 – Planning Commission, Section 2- Site development plan approval, be amended by deleting subsection 2.41, Presubmission conference, in its entirety and inserting in lieu thereof the following:

2.41 Presubmission conference.  Prior to the submission of a site development plan, the applicant or his representative shall meet in person with the Planning Office and the City Planner with a sketch plan. The purpose of this conference shall be to discuss proposed uses or developments in order to determine, first, whether the site development plan application shall be submitted to the Planning Office for consideration and review as an Administrative Site Plan or shall be referred to the Planning Commission. Site Development Plans that shall be referred to the Planning Commission for consideration and review include any of the following:

            (a)       Site Plans for new structures and building additions of 3,000 square feet or greater in floor area; or

            (b)       Site Plans with a total of 5,000 square feet or greater of new or added impervious surface, including new structures, or building additions; or

            (c)       Nonresidential Site Plans with site disturbance greater than 500 square feet and adjacent to residential properties.

If the application is to be referred to the Planning Commission, the applicant shall be informed at the pre-submission conference meeting which elements listed in sub section 2.5 below will be useful in determination of conformity with the provisions and intent of this section, along with any other comments and suggestions intended to bring about conformity with the provisions and intent of this section.

ADOPTED:    NOVEMBER 13, 2007

UTILITY COMMITTEE REPORT - OCTOBER 22, 2007

The Utility Committee met on October 22, 2007 with Chairman Ruane presiding.

Revised Electric Revenue Fund Financial Forecast FY08 - FY12 and Proposed Bond Issue

Members were provided the Revised Electric Revenue Fund Financial Forecast FY08-FY12 for the Proposed Bond Issue and the Preliminary Bond Issue Schedule. Mrs. Mitchell, Treasurer/Finance Director, reminded members that the issuance of $22,190,000 of Electric Revenue Bonds (repayment over 25 years) was included in the 2008 Capital Investment Plan (CIP) to assist with financing the following projects:

            69kv Feeder Lines #3 & #4 - Cartanza Substation                             $12,024,758

            St. Jones Substation                                                                             5,376,068

            Horsepond Road Substation - Transformer                                         1,020,000

            SNCR - Pollution Remediation Project at McKee Run Plant              1,079,174

            Total Bond Proceeds Applied to Projects (completed by 6/30/2009)       $19,500,000

            Estimated Cost of Issuance                                                                 500,000

            Bond Reserve (1 year debt service)                                                     2,190,000

            Total Bond Issue                                                                                $22,190,000

Mrs. Mitchell explained the various factors in the development of the revised forecast. She also reviewed the Electric Bond Schedule, Electric Revenue Fund Comparison of Prior and Current Forecasts, Revised Financial Forecast FY08-FY12, and Key Ratios FY99-FY12 and KWH History. She advised members that in preparation for the Bond Issue, a revised financial forecast was prepared for the Electric Revenue Fund.

In response to Mr. Ruane, Mrs. Tieman distributed and reviewed the Rate Impact Samples by Class.

Staff recommended acceptance of the Revised Financial Forecast as of October 5, 2007 for presentation to the rating agencies as the basis for their analysis of the 2007 Electric Revenue Bonds, in the amount of $22,190,000 (including bond reserve).

The committee recommended acceptance of the Revised Financial Forecast as of October 5, 2007, as recommended and presented by staff, for presentation to the rating agencies as the basis for their analysis of the 2007 Electric Revenue Bonds, in the amount of $22,190,000.

By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mrs. Russell, Mr. Hogan, and Mr. Ruane absent).

PACE Contract Amendment

Members were provided Amendment 1 to the Energy Management Agreement. Mr. Lunt, Public Utilities Director, advised members that on May 4, 2006, the City entered into an Energy Management Agreement with Pace Global Asset Management, LLC (PACE) to assist the City with its energy procurement, energy sale, purchase of fuels, establishment and management of risk policies, development and management of hedging protocols, and related energy procurement challenges. Within this agreement, there is a section that outlines the possibilities for incentives for PACE. Mr. Lunt stated that PACE management has contacted the City and expressed concern that the incentive fee was substantially higher than the projected budget amount. PACE suggested that this clause be re-negotiated as it was higher than they had projected and anticipated. Since this is a good faith effort, PACE also requested that the City consider extending the term of the Agreement. He advised members that the City and PACE have been negotiating this amendment and have reached a tentative agreement.

Staff recommended that the City Manager be authorized to execute Amendment 1 to the Energy Management Agreement with Pace Global Asset Management, LLC as presented.

The committee recommended approval of staff’s recommendation.

By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation (Exhibit #1), seconded by Mr. Slavin and carried by a unanimous roll call vote (Mrs. Russell, Mr. Hogan, and Mr. Ruane absent).

By consent agenda, Mr. McGlumphy moved for acceptance of the Utility Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mrs. Russell, Mr. Hogan, and Mr. Ruane absent).

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - OCTOBER 22, 2007

The Legislative, Finance, and Administration Committee met on October 22, 2007 with Chairman Slavin presiding.

Review of 2005 Charter Review Committee Recommendations - Article I. General Provisions

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.

Mrs. McDowell, City Clerk, provided members with copies of the current City Charter, the Model City Charter, and an amendment to the section of the Charter related to annexations, as recommended by staff.

As a result of their previous meeting, Mr. Slavin reminded members that they would review the recommendations of the 2005 Charter Review Committee and formulate recommendations for City Council. As scheduled, members considered the recommendations to Article I - General Provisions, of the Dover Charter, as follows:

Preamble

Mr. Slavin reminded members that during their meeting of October 8, 2007, Mr. Ruane had suggested that the recommendation of “Mayor-Council government” in the first sentence of the Preamble be amended to “Council-Manager government”.

The committee recommended that the Preamble be amended to reflect “Council-Manager government”.

By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mrs. Russell, Mr. Hogan, and Mr. Ruane absent).

Article I, In General (Article I, Powers of the City)

The committee recommended that the Model City Charter be used for the title of Article I, which will read “Article I, Powers of the City”.

By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mrs. Russell, Mr. Hogan, and Mr. Ruane absent).

Section 3, City Charter - Enumeration of Power Not Exclusive; Manner of Exercise of Powers; (Section 1.01, Model City Charter - Powers of the City)

The committee recommended that Section 3 be replaced with Section 1.01, as stated in the Model City Charter.

By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mrs. Russell, Mr. Hogan, and Mr. Ruane absent).

Section 1.02, Model City Charter - Construction

The committee recommended acceptance of Section 1.02, as recommended by the 2005 Charter Review Committee.

By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mrs. Russell, Mr. Hogan, and Mr. Ruane absent).

Section 1.03, Model City Charter - Intergovernmental Relations

The committee recommended acceptance of Section 1.03, as recommended by the 2005 Charter Review Committee.

By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mrs. Russell, Mr. Hogan, and Mr. Ruane absent).

Section 1 - Municipal Corporation Continued; Boundaries and 1A - Procedure to Extend Boundaries, City Charter

As directed by the 2005 Charter Review Committee, the City Clerk and City Planner submitted a recommended amendment for annexations. For their reference, Mrs. Townshend, Director of Planning and Inspections, also provided members with copies of the State Code as it pertains to municipal annexation. She advised members that staff reviewed other municipalities in the development of the proposed amendment. Mrs. Townshend explained the various issues with the current annexation requirements, including the assignment of the zoning classification, which occurs after the annexation of property occurs. She stated that there have been situations when the zoning classification has not been desired by the applicant requesting annexation; however, since the annexation occurs prior to the zoning, this can cause a dilemma. Mrs. Townshend also questioned the necessity of requiring a property owner to actually vote for annexation, when they have applied for annexation.

Staff recommended that the City Charter reference Title 22 of the Delaware Code for annexation. This would eliminate the need to amend the Charter should there be a change to the State Code. Concurring with Mr. Ruane, Mrs. Townshend stated that Title 22 provides very clear guidance for annexations, explaining that annexations must be consistent with the Comprehensive Plan, which is very prescriptive for annexations. She explained that staff would have procedures for processing annexations. If there was a need for additional requirements, she suggested that they could be accomplished through an ordinance rather than Charter, which would allow amendments without the need for State legislature approval.

The committee recommended that the City abide by the Delaware Code pertaining to annexations by recommending that Section 1A read as follows: “The City Council shall have the authority to annex any parcel(s) contiguous to the City by complying with the provisions of Title 22, Chapter 1, of the Delaware Code” and that any procedural matters will be addressed by ordinance.

By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mrs. Russell, Mr. Hogan, and Mr. Ruane absent).

Section 2, City Charter - Status, General Corporate Powers, Specific Provisions for Condemnation of Property

Mr. Ruane advised members that the Delaware Code is specific to the powers and provisions for condemnation of property. Mr. DePrima relayed concern with requiring 3/4 vote of Council on issues other than those required by State law.

For clarification, Mr. DePrima noted that the first paragraph of Section 2 involves additional authorizations other than condemnation and felt that the 2005 Charter Review Committee had maintained that paragraph to assure that those issues are addressed.

The committee recommended acceptance of Section 2 of the City Charter.

By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mrs. Russell, Mr. Hogan, and Mr. Ruane absent).

Section 3, City Charter - Enumeration of Power Not Exclusive; Manner of Exercise of Powers

Mr. Slavin noted that members had addressed this recommendation previously during the meeting and that no further action is necessary.

Mr. Slavin stated that members will continue their review of the 2005 Charter Review Committee Recommendations in accordance with the schedule adopted.

Authorization to Purchase - Fire Department Telephone and Voice Recorder

Members were advised that the Fire Department’s current telephone system is outdated and lacks dependability for emergency communication operations. The City purchased a new phone system during the fiscal year 2005/06 budget, and at that time, phones for the Fire Department were included in the purchase. However, after meeting with MTM Technologies and the Information Technology (IT) Department, the Fire Chief concluded that the system was not 100% reliable for 911 operations. Other items were identified that would be needed to make the Fire Department’s new phone system 100% reliable, which included extra phone lines, computer equipment and software needed from MTM Technologies totaling $26,583. In addition, a new recorder system would also be required at a cost of $26,485 from Collins Business Systems, the City’s current vendor. Both vendors were awarded earlier contracts for their equipment and services and are recommended for these extensions.

Staff recommended approval of an expenditure in the amount of $26,583 to MTM Technologies for Fire Station #1 Unified Communications Project upgrade, and $26, 485 to Collins Business Systems for VoIP and Radio Recording Equipment.

The committee recommended approval of staff’s recommendation.

By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mrs. Russell, Mr. Hogan, and Mr. Ruane absent).

Title V Grant - Criminal Justice Coordinating Council - Office of Juvenile Justice and Delinquency Prevention (OJJDP)

During the Regular Council Meeting of July 23, 2007, City Council authorized staff to apply for the Criminal Justice Coordinating Council - Office of Juvenile Justice and Delinquency Prevention (OJJDP) Title V Grant in partnership with Aid in Dover, Inc. It was requested that, if approved, the grant budget be submitted to the committee for their review. As requested, members were provided the grant budget. Mr. Slavin noted that this matter is slated to be considered by City Council during their meeting later in the evening.

The committee recommended that the budget in the amount of $53,540 be expended to commence the grant program.

By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mrs. Russell, Mr. Hogan, and Mr. Ruane absent).

By consent agenda, Mr. McGlumphy moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mrs. Russell, Mr. Hogan, and Mr. Ruane absent).

SPECIAL PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - OCTOBER 23, 2007

A Special Parks, Recreation, and Community Enhancement Committee was held on October 23, 2007 with Chairwoman Russell presiding.

Amendment to Lexington Glen Active Recreation Plan

During their meeting of September 15, 2003, the Parks, Recreation, and Community Enhancement Committee reviewed the Active Recreation Area Plan for Lexington Glen: Planned Neighborhood Design. The site is located on the north side of North Little Creek Road, adjacent to the SR-1 off-ramp and consists of approximately 38.36 acres. The applicant is seeking to change the elements of the Active Recreation Plan previously approved for Lexington Glen: Planned Neighborhood Design.

Mrs. Melson-Williams presented the previously approved and revised Recreation Area Plan for Lexington Glen: Planned Neighborhood Design, as follows:

Members were advised that their recommendation will be considered by the Planning Commission during their meeting on November 19, 2007. Following are the comments and recommendations made by the Planning staff upon review of the revised Recreation Area Plan:

1.The project as revised continues to comply with the minimum acreage requirement for Active Recreation Areas. The Open Space areas remain the same size, only the amenities provided are proposed for revision.

2.Staff recommended the following in regards to the proposed revisions to the recreation area improvements:

a.Retain the gazebo element as an amenity for all age groups. Revisions to the design of the gazebo may reduce the cost while maintaining the function. An alternative to the gazebo would be the installation of a series of benches and/or picnic tables near the walking path in the same area between Lots 54 and 55.

b.Upgrade the playscape structure to serve ages 5-12 rather than ages 2-5. This will better serve a variety of ages.

c.In the revised proposal, the swing set only has toddler swing seats. The swings previously approved included regular swing seats and toddler swing seats thus appealing a wider age range.

The committee recommended approval of the revised Recreation Area Plan for Lexington Glen: Planned Neighborhood Design as presented to include staff’s comments and recommendations, excluding 2(c).

By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mrs. Russell, Mr. Hogan, and Mr. Ruane absent).

The committee recommended approval of the applicants request to provide one (1) swing set to consist of two (2) toddler swing seats.

By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mrs. Russell, Mr. Hogan, and Mr. Ruane absent).

Review of Proposed Amendments - C-2 (Central Commercial) and C-2A (Limited Central Commercial) Zoning Districts

Members reviewed proposed zoning text amendments to Article 3 - District Regulations, Section 14 - Limited Central Commercial Zone (C-2A); Article 4 - Zoning Bulk and Parking Regulations, Section 4.14 - [C-1, C-1A, C-2, C-2A Zones]; and Article 5 - Supplementary Regulations, Section 10 - Open Space, Recreation, and Other Public Facilities.

Mrs. Townshend explained that the proposed ordinance amendments would make changes to the uses permitted in the C-2A (Limited Central Commercial) Zone and to the parking and bulk standards of the C-2 (Central Commercial) Zone and C-2A Zone. She stated that they would also amend the requirements for active open space within these zones. The proposed amendments were developed to better facilitate mixed use development and redevelopment within the downtown area; however, Mrs. Townshend noted that there are other areas that would be affected by the proposed amendments.

Mr. Ruane requested that, in the future, staff provide maps that depict the areas associated with the proposed amendments. He suggested that staff include language that would assure that the amendments are specific to the areas they wish to be affected, such as the downtown area. Mr. Ruane also relayed concern with the proposed amendments regarding parking, explaining his opinion that any new apartment complex should be required to provide a parking lot for tenants. He disagreed with allowing use of other parking “in the area”, including on-street and public parking lots, and suggested that the developer provide specific parking sites.

Referring to the active open space requirements, Mr. Ruane suggested that the City establish a recreation plan for the downtown area that would include an area designated specifically as the active recreation area for downtown. Another suggestion would be for the City to specify some of the “pocket parks” in the downtown area that a developer, by having access, could be forgiven for providing an active recreation area by contributing to an area specified by the City. Mr. Ruane explained that these would be areas within the City that could be built upon. As an added value, it was his feeling that such action would offset crime by providing youth in the area an alternative. Responding, Mrs. Townshend suggested that she meet with the Parks and Recreation Director to discuss the possibility of structuring this suggestion.

Mrs. Townshend recommended that the committee refer the proposed ordinance amendments back to staff to incorporate suggestions of committee members.

The committee recommended that the proposed ordinance amendments be revised to include the suggestions of members and that it be brought back to the committee for further review and recommendation. Mr. Ruane requested that when this matter is brought back to the committee, that staff present it in a contextual manner, inclusive of examples and transparency.

By consent agenda, Mr. McGlumphy moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mrs. Russell, Mr. Hogan, and Mr. Ruane absent).

Overview of 2008 Comprehensive Plan Update

Mrs. Townshend, Director of Planning and Inspections, distributed a Timeline/Public Outreach Strategy for the 2008 Comprehensive Plan Update. She stated that the intern hired to work on this project is scheduled to begin working with the City on January 16, 2008. In order to obtain the desires of the public, she advised members that an RFP will be issued for a workshop facilitator.

Mr. Ruane suggested that staff meet with the various Council committees to obtain their comments and suggestions. He recommended that staff review the plan to determine which elements each committee should consider. This would assure that members of Council, as well as the two (2) lay members serving on each committee, will have had an opportunity to review and comment