Regular City Council Meeting
iCal

Oct 9, 2006 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on October 9, 2006 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters, and Mr. Ruane.

Council staff members present were Police Chief Horvath, Mr. Capuano, Mrs. Mitchell, Mrs. Townshend, Fire Chief Bashista, Mr. DePrima, Deputy City Solicitor Pepper, Mrs. McDowell, and Mayor Speed.

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.

Mr. Robert Hollingsworth, 228 N. Caroline Place, referring to the recent chemical spill at the Dow-Reichhold Chemical plant in Cheswold, suggested that the City utilize the stationary sirens located throughout the City to alert residents in the event of a disaster of any quality. He felt that three long blasts every 15 minutes for the first hour of an incident would direct citizens to local radio or television stations for more information.

Mr. Hollingsworth expressed concern with the telephone notification provided during the recent incident, noting that it was very slow and appeared to have occurred alphabetically instead of geographically.

Mr. Eric O’Brien, 30 North New Street, reiterated his concerns of noise and suspicious behavior on New Street. He requested that a neutral, third party review the complaints he has made to the Police Department dispatchers since they are not addressing his complaints.

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

AGENDA ADDITIONS/DELETIONS

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

Mr. McGlumphy requested that item #5-B - Pay for Performance Analysis, and item #6-D - Proposed Ordinance Amendments - Recommendations of Recreational Vehicle Subcommittee, be removed from the Consent Agenda.

Mr. Carey moved for approval of the Consent Agenda, as amended, seconded by Mr. Slavin and carried by a unanimous roll call vote.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 25, 2006

The Minutes of the Regular Council Meeting of September 25, 2006 were unanimously approved by motion of Mr. Carey, seconded by Mr. Slavin and bore the written approval of Mayor Speed.

PROCLAMATION - HALLOWEEN TRICK-OR-TREAT (OCTOBER 31, 2006)

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 Tuesday, October 31, 2006 between the hours of 6:00 p.m. and 8:00 p.m.

NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, do hereby proclaim that the Halloween Trick-or-Treat observance be held on the 31st day of October 2006, between the hours of 6:00 P.M. and 8:00 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 - RECOGNITION OF SERVICE - DANA T. SHELTON - LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE - (MAY 2002 - SEPTEMBER 2006)

On behalf of members of Council, Mayor Speed and Councilman Salters presented Mr. Dana T. Shelton with a Dover Cup in recognition of his service on the Legislative, Finance, and Administration Committee from May 2002 through September 2006.

Mr. Shelton thanked members for the opportunity to serve, noting that it has been a great learning experience.

FRIENDSHIP CITY AGREEMENT - CITY OF RAMSTEIN-MIESENBACH, GERMANY

Mayor Speed and Councilman Ruane provided a presentation of their recent trip to Ramstein-Miesenbach, Germany (Exhibit #1). Mayor Speed noted that the following Friendship City Agreement between the City of Dover and Ramstein-Miesenbach was signed during their visit:

Agreement between the City of Dover, Delaware, USA and the City of Ramstein-Miesenbach regarding the advancement of mutually beneficial contact and exchange.

In the spirit of friendship, the two cities, the City of Dover and the City of Ramstein-Miesenbach are herewith in agreement to further their mutual relationships and exchanges in the cultural, economic and ideological interest areas.

            1.   Both Cities will meet at least once every two years to develop and seek counsel from each other about possible cooperation and exchanges, as well as the furthering of friendly relations.

            2.   Both Cities will communicate to their citizens the results and importance of these friendly relations and deepen the mutual understanding through cooperation in areas of similar interest as well as through the appropriate exchange programs between private and government organizations and interest groups.

            3.   Both Cities are interested in furthering the knowledge and understanding of its citizens in the area of culture, the arts and the social fabric of each community.

            4.   Both Cities will make their best efforts in the areas of economic exchange and the exchange of information intended to help in the development of economic growth, tourism, and the promotion of local products.

            5.   Both Cities will work to ensure the financial basis for future exchanges, the financial advancement of opportunities to meet, in the future, and to provide exchange possibilities between the citizens of both cities. If needed, the communities will consult with each other on this issue.

To wit the above, the Mayor of the City of Dover and the City of Ramstein-Miesenbach are signing this agreement. This agreement is identical and valid both in German and in English

            Ramstein-Miesenbach, September 15, 2006

            Klaus L. Layes, Mayor                                                           Stephen R. Speed, Mayor

            City of Ramstein-Miesenbach, Germany                               City of Dover, Delaware, USA

UTILITY COMMITTEE REPORT - SEPTEMBER 25, 2006

The Utility Committee met on September 25, 2006 with Chairman Carey presiding.

Presentation - Inflow and Infiltration

Mrs. Sharon Duca, Assistant City Engineer, presented the results of the Sanitary Sewer Inflow and Infiltration Study. Mrs. Duca outlined Phase 1 of the study, which included the cleaning and video inspection of approximately eighteen (18) thousand linear feet of underground piping. Mrs. Duca also provided details of the smoke testing and several pipe repair projects that are a part of Phase II. Information gathered from both projects will be used to generate and complete CIP projects for coming years.

Responding to Mr. Ruane, Mrs. Duca stated that Blue Beach Drive would be repaired and re-paved once the pipe repairs have been completed. Residents will be notified prior to any scheduled repairs and/or smoke testing.

Future utility based and key customer based projects will be reviewed with Kent County to determine eligibility for one time impact fee credits. Mr. DePrima, City Manager, provided further explanation on the proposed impact fee credits, noting that the City would reduce the amount paid to the County in impact fees. He advised members that he would work with the Finance Director to determine where the excess funds will be placed.

The committee took no action.

Update on Multi-pollutant Regulations (NOx)

Mr. DePrima, provided an update on the status of the proposed multi-pollutant air quality regulations. These regulations would effect McKee Run Unit 3 because it has a capacity rating of more than 25 megawatts and is capable of firing residual oil. Of the states that have decided to implement their own multi-pollutant air quality regulations in lieu of the Federal Clean Air Interstate Rule (CAIR) and Clean Air Mercury Rule (CAMR), Delaware is the only state to include residual oil fired electric generating units in their regulation. With limited run hours and very low generated megawatt hours, the significant capital investments required to comply with the regulations will be spread out over very few hours. This will amplify the financial impact to the City and its customers.

Mr. DePrima outlined the steps the City has taken over the years to improve the air quality. The release of mercury, the most hazardous of substances, is the biggest item the proposed regulation is attempting to control. Mr. DePrima stated that mercury is produced by coal burning operations and is not a problem or concern with the City’s power plants.

Mr. Ruane indicated that the City’s arguments against regulation 1146 have been made in the past and, to-date, have received no response from DNREC.

Mr. DePrima advised members that Mayor Speed had taken a four-page letter outlining the City’s position to a public hearing sponsored by DNREC (Delaware Department of Natural Resources and Environmental Control). The technical aspects of the letter were produced by Mr. Dean Blaha during his tenure as manager of the plant with Duke Energy. Mr. Blaha continues to work with PACE Global and NAES (North American Energy Services ) in the same capacity.

Mr. Salters asked what other course of action was available if the regulation is passed. Mr. DePrima stated that several municipalities have discussed possible lawsuits. He also stated that the City may consider shutting down the McKee Run Unit and buying electric like other municipalities versus passing along any additional costs to rate payers.

Mr. DePrima explained that the proposed regulations will be approved and passed by DNREC Secretary John Hughes, and will not be appealable to the Governor or the Legislature.

Mr. Carey requested that Mr. DePrima keep the committee informed of the status of the regulations.

The committee took no action.

By consent agenda, Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - SEPTEMBER 25, 2006

The Legislative, Finance, and Administration Committee met on September 25, 2006 with Chairman Salters presiding.

Disposition of City Owned Land - Property Located Between Loockerman Street and North Street: Parking Area and Pedestrian Walk Adjacent to Dover Newstand

The owner of four adjacent properties, Collegian Hospitality Group II, LLC, has requested to purchase City-owned property for the purpose of consolidating the surrounding properties for construction of a major commercial and residential multi-story, mixed-use project currently known as "The Collegian." The property (Tax ID# ED-05-07709-04-08.00-000) located east of 126 Loockerman Street (former Dover Newsstand location) currently serves as a pedestrian access way between Loockerman Street and North Street and a parking lot for nine cars. The parking is managed by the Dover Parking Authority. A map of the property was provided.

An application was made to the Planning Commission and Historic District Commission for architectural review, and site plan approval has been submitted. However, the application requires approval from City Council, as the land owner, to move forward. Actual sale of the property is not required for approval of the architectural review and site plan applications.

In accordance with the City of Dover Procedure for Sale and Disposition of Real Property, the City Manager has evaluated the property and determined that no City departments have a need for the parcel. The current zoning is Central Commercial (C-2), and changing the zoning would not enhance the value of the lot. As a stand-alone property, it is undevelopable due to its size and location. However, it should continue to serve its current role until such time that the "Collegian" project is ready for construction. The City of Dover Procedure for Sale and Disposition of Real Property encourages sale of surplus land through auctions or sealed bids. However, there are several exceptions including Exception C, Conveyance of odd shaped and/or unbuildable lots. Under this exception, the City may sell the property to an adjacent owner based on an unbiased fee appraisal. The parcel meets that exception.

Staff recommended the following actions: (1) Determine property is excess real estate; (2) authorize City Manager to sign as property owner and Collegian Hospitality Group II, LLC as equitable owner for the purpose of allowing site plan review for the proposed "Collegian" project.; (3) authorize City Manager to sell property at value based on an unbiased appraisal plus appraisal costs, legal cost, and cost of relocating public utilities with two conditions, i.e., (a) that all construction permits for the "Collegian" project be obtained by the developer of adjacent properties prior to sale, and (b) a new pedestrian access way between North Street and Loockerman Street be included in the design of the "Collegian" project.

Mr. DePrima also provided members with additional information regarding a “buy back” provision that could be included in the easement or deed restriction. If the project scheduled to be constructed is not complete within two years, the City would be entitled to buy back the property at 80% of the original value.

The committee recommended approval of the disposition of City Owned land located between Loockerman Street and North Street, with the addition of a buy back provision to be included in the contract.

By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.

Pay for Performance Analysis

During the June 6, 2006 Budget Hearings Council directed the City Manager and Human Resources Department to review and analyze the beginning point of the new Pay for Performance (PFP) plan and compare with where we are currently and report back to Council, through the appropriate committee, the cost differentials and other averages, to provide Council the opportunity to review the changed percentages. Mr. DePrima provided members with a Pay for Performance analysis of fiscal years 2004, 2005 and 2006.

Mr. DePrima, City Manager, indicated that 46% of current employees are "at market", 29% are "below market" and 23% are "above market" in the PFP system. For fiscal year 2006, the average increase given (not including promotions ) was 4.25% for non-bargaining employees. The average increased to 4.95% when promotions were included.

Mr. Hogan suggested that Fiscal Years 2004 and 2005 be placed on one graph, in different colors, in order to clearly identify the trend.

Responding to Mr. McGlumphy, Mr. DePrima clarified that the PFP Scores Distribution represented scores from May 2006, which were used to determine July 1, 2006 increases. He noted that the 2007 scores would be available in July of 2007 and would be included in a new salary schedule.

Mr. McGlumphy noted that in FY04 (2003) the common score was 2.5% and a majority of the staff received 2 to 2.5%. In FY05 (2004) the score increased from 4 to 4.25% to 4.75%. Mr. DePrima noted that the FY04 scores were based on an across the board increase which provided all non-bargaining employees with a 2.5% increase. He advised members that Pay for Performance did not begin until May 2004. Mr. McGlumphy noted that since the PFP was instituted, the increases in the salary ranges have been consistently higher than the cost of living increase, so much so that the minimum salary is $34,246 for an Administrative Assistant. He suggested that they could get a better idea, salary-wise, of the percentages annually, it would be easier to understand.

Mr. DePrima stated that FY 05, 06, and 07 increases will be between 3% and 6½ % and employees have gotten from 3% to 7% over the last three years under the PFP plan. Mr. McGlumphy noted that in this last fiscal year 12 employees received 7.25% to 23.47% increases. Mr. DePrima clarified that if any employee received over 7.25% it would have been due to a promotion.

Responding to Mr. McGiffin, Mr. DePrima indicated that the Human Resources Director conducts quality control reviews to ensure fairness with regards to the scoring of employees by evaluators and addresses any issues with evaluators.

Mr. Ruane questioned if the Pay for Performance System had been discussed or introduced to the bargaining employee units, as Council intended when it was first introduced. Mr. DePrima stated that it had not been discussed with the bargaining units; however, it will be discussed when contracts are negotiated later this year.

The committee recommended acceptance of the Pay for Performance Analysis, as presented.

Mr. McGlumphy requested that the Legislative, Finance, and Administration minutes be revised to include his comments on the Pay for Performance analysis. He also requested that the Chairperson of the Legislative, Finance, and Administration Committee consider taking a more in-depth look at the PFP plan to analyze the numbers and determine if it is working and, if not, modify it accordingly. (City Clerk’s Office note: The Legislative, Finance, and Administration Committee minutes were revised to include Mr. McGlumphy’s comments, which are reflected in the above report.)

Mr. McGlumphy moved for approval of the committee's recommendation, seconded by Mr. Carey and unanimously carried.

By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote.

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - SEPTEMBER 26, 2006

The Safety Advisory and Transportation Committee met on September 26, 2006 with Chairman Hogan presiding.

Briefing on DelDOT Projects

Due to the absence of Mr. Gary Laing, no update was given. Mr. DePrima suggested that

Ms. Juanita Wieczoreck of the Dover/Kent County MPO be requested to provide future updates.

MPO - Request for Legislative Support - State Health Insurance Program Participation

At the request of the Dover/Kent County Metropolitan Planning Organization (MPO) members considered support of a Bill that would allow the Delaware MPO employees to participate as paying members of the State health care program.

Mr. DePrima, City Manager and Chairman of the Dover/Kent County MPO, advised members that MPO’s are required by federal law in various areas throughout the country and state to perform coordinated planning of state, county and local government in order to facilitate sensible transportation planning. Employees of such organizations are, for all intents and purposes, government employees. The passing of this bill will help the MPO reduce administrative costs so that their limited planning funds can be put to better use.

Staff recommended support of the proposed Bill allowing MPO employees to participate as paying members of the State health care program.

The committee recommended endorsement of the draft Bill allowing Dover/ Kent County MPO employees to participate in the State health care program.

By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.

Radio Paging System

During the Committee meeting of July 26, 2005, Mr. Carey advised members of a radio paging system used for emergency situations and civil defense. Mr. Carey noted that the radios could be used to provide immediate notification and that the receivers would be located in schools, nursing homes, and other public buildings. It was his feeling that the City would benefit from the use of such a system and noted that there are grant funds that could assist with the costs. Members were advised that the paging units cost approximately $600 each, which includes a four (4) year warranty.

In light of the recent chemical spill at the Reichhold plant in Cheswold, Mr. Carey requested the Committee reconsider the purchase of the radio paging system. The system could be used to inform local businesses and schools of important notices that would otherwise not be relayed by television or radio. Mr. Carey proposed that these systems be placed in City buildings as a test, at cost of approximately $5,400. He also proposed seeking federal funding or grants to cover any associated costs. Mr. Hogan noted that the City has not budgeted funds for this purpose this fiscal year.

Mr. Carey stated that the calls to initiate this system can originate from either Police, Fire or the Kent 911 Emergency Center. There are no “black out” areas and the system range covers the entire City of Dover.

 

Police Chief Horvath expressed his support for the radio paging system; however, he stated that he would prefer that the calls originate from the Fire Department or Electric Dispatch, since the Police dispatchers answer in excess of 500 calls per day. Chief Horvath stated that the use of the reverse 911 system during the chemical spill in Cheswold was considered a success and the Reverse 911 system currently on order for the Dover Police Department will work in a similar fashion in a smaller geographic area. A public report on the Reichhold chemical spill will be presented by the Delaware Emergency Management Agency (DEMA) on September 26, 2006 during a public meeting.

Mr. Ruane felt the exploration of a radio paging system was out of context until the final report from the Reichhold incident has been presented to Council. Mr. Hogan stated that he would request the City Manager to provide the committee with a formal report of the findings from the Reichhold incident.

The committee recommended forwarding this project to the City Manager for review as a tool to use in the future for emergency preparedness.

By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote.

Proposed Ordinance Amendments - Recommendations of Recreational Vehicle Subcommittee

In response to concerns about the parking of recreational vehicles, boats, and trailers in residential neighborhoods, during the meeting of April 25, 2006 a sub-committee was developed to make changes and recommendations to the current ordinance in order to make it clear, fair and enforceable. The sub-committee has drafted a proposed ordinance to meet this goal.

Mr. Hogan informed members that the sub-committee could not reach a consensus on the subjects of grand fathering and waivers. Members also discussed including personal water craft in the ordinance. Mrs. Townshend advised members that she would investigate the registering of personal water craft as a boat prior to adding it to the revised ordinance.

Mr. John Fabryka, 311 Bradley Road, requested that the committee consider adding a grand father clause to the current ordinance. Mr. Tony Hummel, 476 Fiddlers Green, applauded the sub-committee’s efforts and offered to forward language regarding grand fathering to Mrs. Townshend.

Staff has begun drafting a clause that will be easy to enforce without causing additional work for staff. Sub-committee members addressed the committee regarding their feelings on grand fathering and expressed their thanks to Mr. Hogan for his efforts. Mr. McGiffin stated that he would like the committee to explore grand fathering before the ordinance is forwarded to Council.

The committee tabled the proposed amendments until the next meeting in order to address the grand fathering issue.

Responding to Mr. McGlumphy, Mr. Hogan clarified that the committee tabled action on the proposed amendment in order for staff to prepare a grand father clause for their consideration. The only action Council would be taking at this time would be approval of the committee’s report.

Mr. McGlumphy moved for approval of the committee's recommendation to table the proposed amendment in order for staff to prepare language to address the grand fathering issue. The motion was seconded by Mr. Salters and unanimously carried.

Mr. Carey moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Slavin and unanimously carried.

BUDGET REPORT - AUGUST 2006

By consent agenda, Mr. Carey moved for acceptance of the Budget Report for August 2006, seconded by Mr. Slavin and carried by a unanimous roll call vote.

APPOINTMENT OF SERVICES TO SENIORS COMMITTEE - COUNCIL MEMBER RECOMMENDATIONS

By motion of Mr. Carey, seconded by Mr. Slavin, the following appointments to the Services to Seniors Committee were approved by consent agenda:

            Sophia R. Russell (Co-Chair)                                     Barbara Pohlman (McGiffin)

            Timothy A. Slavin (Co-Chair)                                   Richard Snaman (Carey)

            C. Wallace Hicks (Russell)                                           Victor J. Stephens (Hogan)

            Lille M. Johnson (Salters)                                            William P. Truitt (Williams)

            Corrine Massey (Slavin)                                               Pending - (McGlumphy)

            Cherritta Laws Matthews (Ruane)

APPOINTMENT RECOMMENDED BY MAYOR SPEED - DOVER HUMAN RELATIONS COMMISSION - IVAN F. FINNEY (TO FILL EXPIRED TERM OF FRANK FANTINI - TERM TO EXPIRE FEBRUARY 2009)

Mayor Speed recommended the appointment of Mr. Ivan F. Finney to serve on the Dover Human Relations Commission for a term to expire February 2009 (to fill the expired term of Frank Fantini).

By consent agenda, Mr. Carey moved for approval of the appointment of Ivan F. Finney, as recommended by Mayor Speed. The motion was seconded by Mr. Slavin and carried by a unanimous roll call vote.

ANNEXATION/REZONING REQUEST/FIRST READING - PROPERTIES LOCATED ON THE SOUTH SIDE OF ROUTE 8, BETWEEN ARTIS DRIVE AND DOVER, OWNED BY CALVARY BAPTIST CHURCH; THE SOUTH SIDE OF ROUTE 8 BETWEEN MIFFLIN ROAD AND ARTIS DRIVE, OWNED BY JIREH CHRISTIAN CENTER, INC.; THE SOUTH EAST SIDE OF ROUTE 8, OWNED BY DONATO POLISENO; 1550 FORREST AVENUE, OWNED BY ALICE TARAILA; AND 1538 FORREST AVENUE, OWNED BY ROBERT J. HARVEY, SR.

A request was received for annexation and rezoning of properties located on the south side of Route 8, between Artis Drive and Dover, owned by Calvary Baptist Church; the south side of Route 8 between Mifflin Road and Artis Drive, owned by Jireh Christian Center, Inc.; the east side of Route 8, owned by Donato Poliseno; 1550 Forrest Avenue, owned by Alice Taraila; and 1538 Forrest Avenue, owned by Robert J. Harvey, Sr. The properties are currently zoned AC - Agricultural Conservation and RS-1 - Single Family Residence (Kent County zoning classification) and the requested zoning is R-10 - One Family Residence (City of Dover zoning classification). Staff recommended that the request be referred to the Utility Committee on October 23, 2006, the Planning Commission on November 20, 2006, and that a Public Hearing be set for January 8, 2007 at 7:30 p.m.

Mr. Salters moved for approval of staff's recommendation, seconded by Mr. Hogan 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:

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE SOUTH SIDE OF ROUTE 8, BETWEEN ARTIS DRIVE AND DOVER, CONSISTING OF 75.65+/- ACRES, OWNED BY CALVARY BAPTIST CHURCH; AND PROPERTY LOCATED ON THE SOUTH SIDE OF ROUTE 8 BETWEEN MIFFLIN ROAD AND ARTIS DRIVE, CONSISTING OF 42+/- ACRES, OWNED BY JIREH CHRISTIAN CENTER, INC.; AND PROPERTY LOCATED ON THE SOUTH EAST SIDE OF ROUTE 8, CONSISTING OF 1.60+/- ACRES, OWNED BY DONATO POLISENO; AND PROPERTY LOCATED AT 1550 FORREST AVENUE, OWNED BY ALICE TARAILA; AND PROPERTY LOCATED AT 1538 FORREST AVENUE, OWNED BY ROBERT J. HARVEY, SR.

ANNEXATION/REZONING REQUEST/FIRST READING - PROPERTY LOCATED AT 1166 SOUTH BAY ROAD, OWNED BY WILLIAM M. AND DELOIS SHIREY, TRUSTEES (GOLDEN CHARIOT MOTORS - LESSEE).

A request was received for annexation and rezoning of property located at 1166 South Bay Road, owned by William M. and Delois Shirey, Trustees (Golden Chariot Motors - Lessee). The property is currently zoned BG - General Business (Kent County zoning classification) and the proposed zoning classification is C-4 - Highway Commercial (City of Dover zoning classification). Staff recommended that the request be referred to the Utility Committee on October 23, 2006, the Planning Commission on November 20, 2006, and that a Public Hearing be set for January 8, 2007 at 7:30 p.m.

Mr. Salters moved for approval of staff's recommendation, seconded by Mr. Hogan 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:

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1166 SOUTH BAY ROAD.

COUNCIL MEMBERS ANNOUNCEMENTS

Mr. Hogan announced that the Delaware Agricultural Museum and the Dover Kiwanis Club would be co-sponsoring the Gobblins and Goodies event at the Ag Museum on October 28, 2006 from 5:30 p.m. - 7:00 p.m. There will be a one dollar admission fee and there will be a costume contest and trick or treating.

Mr. Carey moved for adjournment, seconded by Mr. McGlumphy and unanimously carried.

Meeting Adjourned at 8:20 P.M.

                                                                                    TRACI A. McDOWELL

                                                                                    CITY CLERK

All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of October 9, 2006, are hereby approved.

                                                                                    STEPHEN R. SPEED

                                                                                    MAYOR

/TM

S:ClerksOfficeAgendas&MinutesCouncil-Minutes20058-22-2005 Council.wpd

Exhibits Attached to Original Minutes and File Copy

Exhibit #1 - Presentation - Ramstein-Miesenbach, Germany

Agendas