REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 25, 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, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Speed was absent.
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.
Mrs. Janice Sibbald, President of the Mayfair/Crossgates Homeowner's Association, advised members that there was a two-car train derailment on New Burton Road and Kesselring Avenue the previous weekend. She stated that her neighbor saw children climbing on the cars and hitting them prior to the derailment. Mrs. Sibbald also expressed concerns with tanker and semi trucks regularly parking along the railroad tracks and asked who she could contact to have this issue resolved. She also suggested that there be some type of public notification, such as a siren, to alert residents when there is a derailment, chemical spill, or tornado.
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 Mr. Salters and unanimously carried.
Mr. McGlumphy requested that item #8A - Budget Reports (June and July), be removed from the Consent Agenda.
Mr. Carey moved for approval of the Consent Agenda, as amended, seconded by Mr. Salters and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 11, 2006
The Minutes of the Regular Council Meeting of September 11, 2006 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Speed.
PROCLAMATION - FIRE PREVENTION WEEK (OCTOBER 8-14, 2006)
The City Clerk read the following proclamation into the record:
WHEREAS, the City of Dover is committed to ensuring the safety and security of all those living in and visiting our city; and
WHEREAS, the National Fire Protection Association (NFPA) has documented through its research that cooking is the leading cause of home fires; and
WHEREAS, Dover’s first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and
WHEREAS, using proper care when cooking will have a positive effect on the home fire problem; and
WHEREAS, each cooking fire that is prevented in Dover is an opportunity to prevent painful injury and costly property damage; and
WHEREAS, the 2006 Fire Prevention Week theme, “Prevent Cooking Fires: Watch What You Heat,” effectively serves to remind us all of the simple actions we can take to stay safe during Fire Prevention Week and year-round.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR, OF THE CITY OF DOVER, DELAWARE, do hereby proclaim October 8-14, 2006 as Fire Prevention Week and urge all citizens to heed the important safety message of Fire Prevention Week 2006, and to support the efforts of our fire and emergency services.
Council President Williams presented the Proclamation to Fire Chief Brian Bashista.
PRESENTATION - CERTIFICATE OF APPRECIATION - BILLY LEWIS
The following Certificate of Appreciation was read into the record by the City Clerk:
WHEREAS, on June 22, 2006, an employee of the City of Dover became incapacitated while driving and was involved in a single vehicle accident in the vicinity of Division Street and Kent Avenue; and
WHEREAS, Mr. Billy Lewis, an employee of the Elizabeth W. Murphey School, was in the area and quickly responded to the accident; and
WHEREAS, upon arrival at the scene, Mr. Lewis assisted others in removing the driver, who was in cardiac arrest, from the vehicle; and
WHEREAS, due to the courageous and heroic actions of Mr. Lewis, the life of another individual was saved.
NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF DOVER, DELAWARE, are honored to present this Certificate of Appreciation to BILLY LEWIS on this 25th day of September 2006.
Council President Williams presented the Certificate to Mr. Lewis. Mr. Robert Hotte thanked Mr. Lewis for saving his life.
PRESENTATION - CITY OF DOVER MEDAL - SAMUEL GONZALEZ (SILVER MEDAL)
The City Clerk read the following Resolution into the record:
WHEREAS, on June 22, 2006, a single vehicle accident occurred in the vicinity of Division Street and Kent Avenue involving an employee of the City of Dover; and
WHEREAS, Deputy Fire Marshal Samuel Gonzalez was conducting an inspection at the Elizabeth W. Murphey School, which is located just a short distance from the accident site; and
WHEREAS, Deputy Fire Marshal Gonzalez responded quickly to the accident and assisted with the extrication of the driver, who was in cardiac arrest; and
WHEREAS, once the driver was removed from the vehicle, Deputy Fire Marshal Gonzalez retrieved an AED (Automated External Defibrillator) from inside his vehicle and, using the device, was able to get the driver’s heart beating again; and
WHEREAS, the courageous and heroic actions of this expertly trained individual saved a life.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council recognize that Deputy Fire Marshal Samuel Gonzalez provided life-sustaining support until medical help arrived.
2. In recognition of his heroic actions, the Mayor and Council award Deputy Fire Marshal Samuel Gonzalez with a City of Dover Silver Medal and direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover.
ADOPTED: SEPTEMBER 25, 2006
Mr. Hogan moved for adoption of the Resolution, seconded by Mr. Carey and unanimously carried.
Council President Williams presented the Resolution and a City of Dover Silver Medal to Deputy Fire Marshal Samuel Gonzalez. Mr. Hotte thanked Mr. Gonzalez for saving his life and the Mayor and Council for approving the purchase and installation of the AED’s in City vehicles.
PRESENTATION - THE NATIONAL CITIZEN SURVEY
Mr. DePrima, City Manager, provided a Power Point presentation of the Results of the 2006 National Citizen Survey (Exhibit #1). He explained that the survey is a standardized, weighted, mailed, random sample survey of citizens of Dover. It is sponsored by the International City Manager's Association and administered by the National Research Center. Mr. DePrima advised members that the survey is the single largest database containing questions and perceptions regarding government services, delivery, and quality of life in the community. He noted that the survey will assist in prioritizing, project planning, budgeting, setting goals, bench marking, measuring progress, etc. He noted that he would also review the scores with the departments.
PUBLIC HEARING - VIOLATION OF DANGEROUS BUILDING ORDINANCE - 123 BLUE BEACH DRIVE (DEBORAH D. STATLER)
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 123 Blue Beach Drive, owned by Deborah D. Statler. Mrs. Townshend, Director of Planning and Inspections, stated that the property was declared dangerous on July 21, 2006 due to the unsanitary conditions and lack of maintenance to the in-ground pool. The owner has received numerous violations dating back to August 15, 2001 in regard to the maintenance and upkeep of the pool. She advised members that the pool has been the source of many complaints from the residents in the neighborhood and the owner has failed to comply with the latest Department violation letter. The pump and filter do not operate, along with a constant collection of stagnant water, and the pool continues to be under a condemnation order. Because of the unsanitary conditions of the pool, the lack of maintenance and its location as part of a neighborhood, the pool should be repaired or demolished. She indicated that there are four (4) lien holders on the property. Mrs. Townshend showed slides depicting the condition of the structure.
Staff recommended that City Council: 1) declare the property dangerous; 2) order the property repaired or demolished by October 5, 2006, by the owner or equity owner at their own risk; 3) order the Building Inspector to cause the repair or demolition of the structure if not completed by the owner or equity owner within the ten (10) days of the date set by Council; and 4) order the City Manager, with the assistance of the City Solicitor, to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or to be recovered in a suit at law against the owner.
Mrs. Townshend provided an estimated demolition cost of $15,000 - $25,000.
Council President Williams declared the public hearing open.
Ms. Deborah Statler, 123 Blue Beach Drive, stated that the pool was operational in 2001 and 2002. She noted that the pump currently works; however, the filter has been destroyed by a hatchet or hammer. Ms. Statler advised members that she tries to keep the pool covered, but someone keeps taking the water bags out and pushing things into the pool. She noted that she has had issues with a neighbor since 2003.
Mrs. Janice Sibbald, 144 Blue Beach Drive, stated that the neighbors have been complaining about the pool for years. She noted that the pool contains animals and birds and looks like an abandoned property.
Council President Williams declared the public hearing closed.
Mr. Ruane moved that the structure located at 123 Blue Beach Drive be declared a dangerous building and subject to demolition, as recommended by staff. The motion was seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
PUBLIC HEARING/FINAL READING - ORDINANCE AMENDING THE CITY OF DOVER COMPREHENSIVE PLAN UPDATE, 2003, AS AMENDED IN MAY 2005, BY AMENDING LAND DEVELOPMENT MAP 11-1 BY CHANGING THE LAND USE TYPE TO COMMERCIAL ON PROPERTY LOCATED AT KINGS HIGHWAY WEST OF ROUTE 13
A public hearing was duly advertised for this time and place to consider approval of a proposed amendment to the City of Dover Comprehensive Plan Update, 2003, as Amended in May 2005, which would amend Land Development Map 11 by changing the land use type to commercial on property located at Kings Highway west of Route 13.
Mr. Salters moved that the Final Reading of the proposed amendment be acknowledged by title only, seconded by Mr. Hogan and unanimously carried.
Mrs. Townshend reminded members that, during the Council meeting of September 11, 2006, testimony was given by representatives of Playtex and the neighboring property owners that both parties were agreeable to a split zone on the property in order to address the concerns of the residents. She advised members that a compromise had been reached and the Comprehensive Plan amendment reflects the new proposed split zone. Mrs. Townshend advised members that the Planning Commission recommended denial of the original amendment, prior to the compromise.
Responding to Mr. Ruane, Mrs. Townshend stated the split zone would provide for a less intense use for the back portion of the property, nearest the residential neighbors. It would also provide for rights into the property from Route 13 and lefts out onto Maple Parkway to alleviate the residents traffic concerns. Mrs. Townshend stated that the applicant would be required to demonstrate that there was adequate parking for the existing building during the site plan review.
Council President Williams declared the hearing open.
Mr. Mark Dunkel of Parkowski, Guerke, and Swayze, 116 West Water Street, stated that the original plan was to rezone the entire parcel to C-4 (Highway Commercial). He noted that Playtex has agreed to a compromise to split the zone. Mr. Dunkel advised members that the Planning Commission was unaware that the proposed use for the site was currently permitted under the present zone.
Mr. Jim McGinnis, McGinnis Commercial Realty, stated that a rights-in-only from Route 13 has been negotiated with DelDOT. He advised members that the parking requirement would continue to be met for the existing building.
Mr. Jim Burcham, 298 Kings Highway, stated that the split zoning was a good compromise. He noted that a larger berm had been proposed that would provide better screening than was required.
Ms. Deborah May, 284 Kings Highway, thanked all the involved parties for considering the residents concerns.
Council President Williams declared the hearing closed.
Mr. Hogan moved for adoption of the following ordinance, seconded by Mr. Carey and carried by a unanimous roll call vote. (the First Reading of the ordinance was accomplished during the Council Meeting of September 11, 2006):
AN ORDINANCE AMENDING THE CITY OF DOVER COMPREHENSIVE PLAN UPDATE, 2003, AS AMENDED IN MAY 2005, BY AMENDING LAND DEVELOPMENT MAP 11-1 BY CHANGING THE LAND USE TYPE TO COMMERCIAL ON A 3.9243 +/- ACRE PORTION OF A 5.7861 +/- ACRE PARCEL LOCATED AT KINGS HIGHWAY WEST OF ROUTE 13.
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 Institutional 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 Institutional to Commercial on a 3.9243 +/- acre portion of 5.7861 +/- acre parcel located at Kings Highway west of Route 13, owned by Playtex Manufacturing, Inc.
ADOPTED: SEPTEMBER 25, 2006
Council President Williams advised members that, since the adoption of the ordinance was contrary to the Planning Commission’s recommendation, each member would be required to state their reason for voting in favor of the ordinance. Members indicated that they voted in favor of the ordinance for the following reasons: the compromise between the applicant and the neighbors, the proposal is in the best interest of the residents and the City, and staff’s recommendation.
Mr. Ruane stated that it was his understanding that this amendment was necessary to conform with the Comprehensive Plan and that there are similar properties that do not currently conform with the Plan. Mrs. Townshend stated that the State law requires that the Comprehensive Plan and Zoning Ordinance be in concert with each other. She advised members that staff has been instructed to analyze both to identify parcels requiring amendments.
PUBLIC HEARING/FINAL READING - ORDINANCE AMENDING THE CITY OF DOVER COMPREHENSIVE PLAN UPDATE, 2003, AS AMENDED IN MAY 2005, BY AMENDING LAND DEVELOPMENT MAP 11-1 BY CHANGING THE LAND USE TYPE TO COMMERCIAL ON 23 PARCELS, TOTALING 22.0713 ACRES, LOCATED AT OLD LEIPSIC ROAD AND PLAZA DRIVE
A public hearing was duly advertised for this time and place to consider approval of a proposed amendment to the City of Dover Comprehensive Plan Update, 2003, as Amended in May 2005, which would amend Land Development Map 11 by changing the land use type to commercial on 23 parcels, totaling 22.0713 acres, located at Leipsic Road and Plaza Drive.
Mr. Salters moved that the Final Reading of the proposed amendment be acknowledged by title only, seconded by Mr. Hogan and unanimously carried.
Council President Williams declared the hearing open.
Mr. Greg Moore of the Becker Morgan Group stated that he was available to answer questions regarding the amendment.
Council President Williams declared the hearing closed.
Mr. Salters moved for adoption of the following ordinance, seconded by Mrs. Russell and carried by a unanimous roll call vote. (the First Reading of the ordinance was accomplished during the Council Meeting of September 11, 2006):
AN ORDINANCE AMENDING THE CITY OF DOVER COMPREHENSIVE PLAN UPDATE, 2003, AS AMENDED IN MAY 2005, BY AMENDING LAND DEVELOPMENT MAP 11-1 BY CHANGING THE LAND USE TYPE TO COMMERCIAL ON 23 PARCELS, TOTALING 22.0713 ACRES, LOCATED AT OLD LEIPSIC ROAD AND PLAZA DRIVE.
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 Residential Low Density 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 have been amended by changing the land development plan designation from Residential Low Density to Commercial on 23 parcels, totaling 22.0713 acres, located at Old Leipsic Road and Plaza Drive, owned by Dover International Speedway, Inc.
ADOPTED: SEPTEMBER 25, 2006
PUBLIC HEARING/FINAL READING - ORDINANCE AMENDING THE CITY OF DOVER COMPREHENSIVE PLAN UPDATE, 2003, AS AMENDED IN MAY 2005, BY INSERTING RECOMMENDATION 11: DETERMINE THE FEASIBILITY OF INCLUDING AN EAST/WEST ROUTE IN THE CORRIDOR CAPACITY PRESERVATION PROGRAM TO CHAPTER 8, PAGE 111
A public hearing was duly advertised for this time and place to consider approval of a proposed amendment to the City of Dover Comprehensive Plan Update, 2003, as Amended in May 2005, by inserting Recommendation 11: Determine the Feasibility of Including an East/West Route in the Corridor Capacity Preservation Program to Chapter 8, Page 111.
Mr. Salters moved that the Final Reading of the proposed amendment be acknowledged by title only, seconded by Mr. Hogan and unanimously carried.
Council President Williams declared the hearing open and, with no one present wishing to speak, the hearing was closed.
Mr. Carey moved for adoption of the following ordinances, seconded by Mr. Salters and carried by a unanimous roll call vote. (the First Reading of the ordinance was accomplished during the Council Meeting of September 11, 2006):
AN ORDINANCE AMENDING THE CITY OF DOVER COMPREHENSIVE PLAN UPDATE, 2003, AS AMENDED IN MAY 2005, BY INSERTING RECOMMENDATION 11: DETERMINE THE FEASIBILITY OF INCLUDING AN EAST/WEST ROUTE IN THE CORRIDOR CAPACITY PRESERVATION PROGRAM THE FOLLOWING TEXT TO CHAPTER 8, PAGE 111:
Recommendation 11: Determine the Feasibility of Including an East/West Route in the Corridor Capacity Preservation Program
Currently, there are no east/west roads in Kent County that are subject to the Corridor Capacity Preservation Program. With the pace of development, it is important to plan ahead to protect the capacity of the highway system. On September 29, 2005, City of Dover Mayor Stephen R. Speed sent a letter to Ralph Reeb of DelDOT requesting that several east/west roads be studied for inclusion in the Corridor Capacity Preservation Program.
It is important for the current and future residents of Dover, that an east/west road be identified and included in the Corridor Capacity Preservation Program. Within the City of Dover, and extending into Kent County, these roads would include Route 8 and Hazletteville Road.
ADOPTED: SEPTEMBER 25, 2006
PUBLIC HEARING/FINAL READING - ORDINANCE AMENDING THE CITY OF DOVER COMPREHENSIVE PLAN UPDATE, 2003, AS AMENDED IN MAY 2005, BY AMENDING THE LAND DEVELOPMENT MAP 11-1 BY CHANGING THE LAND USE TYPE TO MIXED USE ON PROPERTIES LOCATED NORTH OF NORTH STREET, SOUTH OF LINCOLN STREET, EAST OF CLARENCE STREET, AND EAST OF CHERRY STREET
A public hearing was duly advertised for this time and place to consider approval of a proposed amendment to the City of Dover Comprehensive Plan Update, 2003, as Amended in May 2005, which would amend the Land Development Map 11-1 by changing the land use type to mixed use on properties located north of North Street, south of Lincoln Street, east of Clarence Street, and east of Cherry Street
Mr. Salters moved that the Final Reading of the proposed amendment be acknowledged by title only, seconded by Mr. Hogan and unanimously carried.
Mrs. Townshend advised members that the amendment was necessary due to the Comprehensive Plan being in conflict with the Strategic Plan for development of the west side of Dover.
Council President Williams declared the hearing open and, with no one present wishing to speak,
the hearing was closed.
Mr. Carey moved for adoption of the following ordinances, seconded by Mr. Salters and carried by a unanimous roll call vote. (the First Reading of the ordinance was accomplished during the Council Meeting of September 11, 2006):
AN ORDINANCE AMENDING THE CITY OF DOVER COMPREHENSIVE PLAN UPDATE, 2003, AS AMENDED IN MAY 2005, BY AMENDING THE LAND DEVELOPMENT MAP 11-1 BY CHANGING THE LAND USE TYPE TO MIXED USE ON PROPERTIES LOCATED NORTH OF NORTH STREET, SOUTH OF LINCOLN STREET, EAST OF CLARENCE STREET, AND EAST OF CHERRY 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 Residential Medium Density to Mixed Use.
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 have been amended by changing the land development plan designation from Residential Medium Density to Mixed Use on properties located North of North Street, South of Lincoln Street, East of Clarence Street, and East of Cherry Street
ADOPTED: SEPTEMBER 25, 2006
FINAL READING - REZONING OF PROPERTY LOCATED AT KINGS HIGHWAY WEST OF ROUTE 13, CONSISTING OF 5.7861 +/- ACRES, OWNED BY PLAYTEX MANUFACTURING, INC.
During their Regular Meeting of September 11, 2006, a public hearing was held to consider rezoning of property located at Kings Highway west of Route 13, consisting of 5.7861 +/- acres, owned by Playtex Manufacturing, Inc. This property is currently zoned IPM (Industrial Park Manufacturing) and the proposed zoning is C-4 (Highway Commercial) on 3.9243 +/- acres and I/O (Institutional and Office) on 1.8618 +/- acres. Final action was tabled until September 25, 2006.
Mr. Salters moved to lift the application from the table, seconded by Mr. Carey and unanimously carried.
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 #2).
Mr. Hogan moved for approval of the rezoning request, as recommended by staff. The motion was seconded by Mr. Carey and by a unanimous roll call vote, Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of July 24, 2006.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT KINGS HIGHWAY WEST OF ROUTE 13.
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 IPM (Industrial Park Manufacturing) to I/O (Institutional and Office) and C-4 (Highway 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 Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation of 3.9243 +/- acres from IPM (Industrial Park Manufacturing) to C-4 (Highway Commercial) and 1.8618 +/- acres from IPM (Industrial Park Manufacturing) to I/O (Institutional and Office) on that property located at Kings Highway west of Route 13, owned by Playtex Manufacturing, Inc.
ADOPTED: SEPTEMBER 25, 2006
REZONING OF PROPERTY LOCATED AT OLD LEIPSIC ROAD AND PLAZA DRIVE, CONSISTING OF 23 PARCELS TOTALING 22.0713 +/- ACRES, OWNED BY DOVER INTERNATIONAL SPEEDWAY
During their Regular Meeting of September 11, 2006, a public hearing was held to consider rezoning of property located at Old Leipsic Road and Plaza Drive, consisting of 23 parcels totaling 22.0713 +/- acres, owned by Dover International Speedway. This property is currently zoned R-10 and R-20 (One Family Residence) and the proposed zoning is R-C (Recreational & Commercial). Final action was tabled until September 25, 2006.
Mrs. Hogan moved to lift the application from the table, seconded by Mr. Salters and unanimously carried.
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).
Mr. Carey moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of July 24, 2006.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF 23 PARCELS, TOTALING 22.0713 ACRES, LOCATED AT OLD LEIPSIC ROAD AND PLAZA DRIVE.
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 R-10 and R-20 (One Family Residence) to R-C (Recreational and 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 Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from R-10 and R-20 (One Family Residence) to R-C (Recreational and Commercial) on 23 parcels, totaling 22.0713 acres, located at Old Leipsic Road and Plaza Drive, owned by Dover International Speedway, Inc.
ADOPTED: SEPTEMBER 25, 2006
SPECIAL CONSOLIDATED PLAN ADVISORY GROUP REPORT - AUGUST 15, 2006
A Special Consolidated Plan Advisory Group meeting was held on August 15, 2006 with Chairman Ruane presiding.
Recommendations for Reallocation of CDBG Funds for 2006 Projects
During their Annual Meeting of May 8, 2006, Council approved the 2006 CDBG 5-year Consolidated Plan. Mrs. Townshend, Planning Director, advised members that unanticipated program income was available for reallocation to current CDBG projects. The income, in the amount of $76,283.17, is from the following sources: Economic Development Loan Payoffs - $22,321.26; Lease Payments (41 S. New Street) - $14,904.84; and Loan Repayments (Rehabs/ Settlement Assistance) - $39,057.07.
Staff recommended the following reallocation:
• 2006/07 Streets Project - Additional funding is needed to complete $50,000.00
the streets project for South Kirkwood as part of the revitalization
efforts to enhance the downtown area.
• Down Payment Settlement Assistance Program - Funds for this $26,283.17
program have been depleted. Six (6) first-time homebuyers will
purchase homes with settlement assistance. Funding is being
requested for an additional 2 to 3 families to purchase homes.
Reallocation Total $76,283.17
Mrs. Townshend advised the committee that, upon approval, the proposed recommendations would be advertised in the newspaper and citizens would be provided a 30-day comment period. She noted that final action by Council would take place on September 25, 2006.
The committee recommended approval of staff’s recommendations.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
By consent agenda, Mr. Carey moved for acceptance of the Special Consolidated Plan Advisory Group Report, seconded by Mr. Salters and carried by a unanimous roll call vote.
MONTHLY REPORTS - AUGUST 2006
By motion of Mr. Carey, seconded by Mr. Salters, the following monthly reports were accepted by consent agenda:
Chief of Police Report
City Assessor Report
City Manager's Report
Planning and Inspections Report
Robbins Hose Company No. 1 (June, July, and August)
Mr. McGlumphy noted that the June Budget Report indicates a General Fund balance of $35.4M, a Wastewater Fund balance of $13.3M, and an Electric Fund balance of $72.3M, for a total of $121.2M. He noted that one year ago, the total was approximately $100M. Mr. McGlumphy requested the Finance Director and the City Manager to account for the additional $21M and provide a report within the next two (2) weeks.
Mr. McGlumphy moved for acceptance of the Budget Reports for June and July 2006, seconded by Mr. Salters and unanimously carried.
EMPLOYMENT AGREEMENT - FRATERNAL ORDER OF POLICE (FOP)
Mr. DePrima advised members that contract negotiations between the City of Dover and the Fraternal Order of Police (FOP) began in January 2006; however, they were unsuccessful. In August 2006 they began working with and mediator, which resulted in the following proposal:
Summary of FOP 2006 – 2009 Contract
• Medicare Part B Coverage ends 9/30/06 for present and future officers.
• All Employee Handbook language changes are agreed to including Law Enforcement Officers Educational Reimbursement ( LER ).
• New Benefit - Shared Leave Policy - to be developed in six months.
• All non-uniform officers of the Operations Division shall receive an additional $250 clothing allowance.
• Sort Team members will receive an additional fifty dollars ($50) per month.
• Career Development Promotion - 2006 within three (3) months of contract approval PFC’s with eight (8) years’ time and service will receive a stripe or other symbol chosen by the Chief and will be recognized as Corporals. Present Corporals will be recognized as Master Corporals.
• Career Development Promotion Pay – begins July 1, 2007 – 4% spread between ranks.
Wages 2006 2007 2008
3.0% 3.5% 4.0%
Staff recommended approval of the proposed settlement.
Responding to Mr. Ruane, Mr. DePrima stated that elimination of the Medicare Part B payment would reduce the annual liability by approximately $40,000.
Mr. Hogan moved for approval of staff’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote.
EVALUATION OF BIDS - FIRE FIGHTER PROTECTIVE GEAR
Each fiscal year, the City of Dover and Robbins Hose Company have equally split the purchase of the turnout gear (protective gear) for the firefighters. Mr. DePrima noted that the cost of the gear has increased drastically over the last few years.
Bids were requested and received as follows:
Tasc Fire Apparatus Farmingdale NJ. $35,720.00
D.P Fire & Safety, Inc. Wilmington, DE. $35,060.00
Mr. DePrima noted that the $30.00 difference between the budgeted amount and the actual expense would be handled through a department level budget amendment from another line item.
Staff recommended awarding the bid to DP Fire & Safety in the amount of $35,060.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
APPOINTMENT RECOMMENDED BY MAYOR SPEED - PLANNING COMMISSION (FOURTH DISTRICT REPRESENTATIVE) - FRANK ZABACK (TO FILL UNEXPIRED TERM OF CHARLES BENTON - TERM TO EXPIRE JUNE 2007)
Mayor Speed recommended the appointment of Frank Zaback to serve on the Planning Commission (Fourth District Representative) for a term to expire June 2007 (to fill the unexpired term of Charles Benton).
By consent agenda, Mr. Carey moved for approval of the appointment of Frank Zaback, as recommended by Mayor Speed. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
APPOINTMENT RECOMMENDED BY CHAIRMAN SALTERS - LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE - BOBBY C. JONES FILL UNEXPIRED TERM OF DANA T. SHELTON - TERM TO EXPIRE MAY 2007)
Chairman Salters recommended the appointment of Bobby C. Jones to serve on the Legislative, Finance, and Administration Committee for a term to expire May 2007 (to fill the unexpired term of Dana T. Sheton).
By consent agenda, Mr. Carey moved for approval of the appointment of Bobby C. Jones, as recommended by Chairman Salters. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
REZONING REQUEST/FIRST READING - PROPERTY LOCATED ON THE SOUTH SIDE OF WHITE OAK ROAD WEST OF MOURNING DOVE LANE, CONSISTING OF 12.7898+/- ACRES, OWNED BY TLFD MANAGEMENT, LLC.
A request was received to rezone properties located on the south side of White Oak Road West of Mourning Dove Lane, consisting of 12.7898+/- acres, owned by TLFD Management, LLC. The property is currently zoned R-20 (One Family Residence Zone) and the proposed zoning is R-8 (One Family Residence Zone).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Salters, seconded by Mr. Hogan, Council unanimously referred the request to the Planning Commission on October 16, 2006 and set a public hearing for October 23, 2006 at 7:30 p.m.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendment 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 WHITE OAK ROAD WEST OF MOURNING DOVE LANE, CONSISTING OF 12.7898+/- ACRES
FIRST READING - PROPOSED ZONING ORDINANCE AMENDMENT
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 Parks, Recreation, and Community Enhancement Committee on October 10, 2006 and that a public hearing take place during the Council Meeting of October 23, 2006, at 7:30 p.m., at which time, final action by Council will take place.
Mr. Slavin moved to refer the amendment to the Parks, Recreation, and Community Enhancement Committee and set a public hearing before City Council for October 23, 2006 at 7:30 p.m., as suggested by staff. The motion was seconded by Mr. Carey 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, ARTICLE 3 - DISTRICT REGULATIONS, SECTION 27 - CORRIDOR OVERLAY ZONE 1 (COZ-1)
COUNCIL MEMBERS ANNOUNCEMENTS
Mrs. Russell stated that she has received complaints from residents of North New Street regarding speeding. The residents have suggested a 4-way stop sign to slow traffic down. Mrs. Russell noted that she contacted the Planning Department regarding tree branches hanging on her telephone and cable wires. Council President Williams requested Mrs. Russell to speak with the City Manager regarding resolution to these issues.
Mr. Slavin moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 9:12 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of September 25, 2006, are hereby approved.
STEPHEN R. SPEED
MAYOR
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S:ClerksOfficeAgendas&MinutesCouncil-Minutes20058-22-2005 Council.wpd
Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - The National Citizen Survey Power Point Presentation
Exhibit #2 - Petition to Amend Zoning District for property located at Kings Highway, west of Route 13, owned by Playtex Manufacturing, Inc.
Exhibit #3 - Petition to Amend Zoning District for property located at Old Leipsic Road and Plaza Drive, owned by Dover International Speedway