REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 11, 2006 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. McGlumphy, Mrs. Russell, Mr. Slavin, Mr. McGiffin, Mr. Hogan, and Mr. Salters. Mr. Ruane was absent.
Council staff members present were Police Chief Horvath, Mrs. Townshend, Fire Chief Bashista, Mr. Koenig, 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.
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. Carey moved for approval of the agenda, seconded by Mr. Salters and unanimously carried.
Mr. Salters moved for approval of the Consent Agenda, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Ruane absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 28, 2006
The Minutes of the Regular Council Meeting of August 28, 2006 were unanimously approved by motion of Mr. Salters, seconded by Mr. Carey (Mr. Ruane absent) and bore the written approval of Mayor Speed.
PRESENTATION OF DONATION TO ROBBINS HOSE COMPANY
Mr. Ron Smith, on behalf of Rodney and Teresa Mitchell, presented Fire Chief Bashista with a $25,000 donation to the Robbins Hose Company. Mr. Smith advised members that Mr. Mitchell has been very successful in the development business and he wanted to share some of his good fortune with the community.
VIOLATION OF DANGEROUS BUILDING ORDINANCE - 212 GREENBLADE DRIVE (ANN BROBECK)
In accordance with Article XI - Dangerous Buildings, Sec. 22-388 - Emergency cases, of the Dover Code, in cases where it reasonably appears that there is an immediate danger to the life or safety of any person, unless a dangerous building is immediately repaired, vacated and closed, or demolished, the building inspector shall report such facts to the council, which may cause the immediate repair, vacation, or demolition of such dangerous building.
Mrs. Ann Marie Townshend, Director of Planning and Inspections, provided a chronological history and presentation (as on file in the Office of the City Clerk) of the conditions of the house located at 212 Greenblade Drive. She noted that on August 28, 2006, the City Police discovered a human corpse, a partially decomposed dog, and a live dog in the house, at which time City inspectors condemned the house due to the unsanitary conditions in the residence. Mrs. Townshend advised members that the interior of the house was contaminated with dog urine and fecal matter. City staff and the City’s environmental consultant, Compliance Environmental, Inc. have determined that the property is unhealthy and unsanitary.
Mrs. Townshend advised members that the house continues to be under a condemnation order and cannot be safely occupied. Because of the unhealthy and unsanitary nature of the conditions in the house (particularly the presence of fecal matter), and its location as part of a neighborhood, it is imperative that the City have the ability to clean, sanitize, and remove materials as necessary from the premises in a timely manner.
Mrs. Townshend stated that Tech Clean has estimated the cost of cleanup to be approximately $49,000. With the environmental oversight and disposal costs, the total would be approximately $70,000 to $75,000 and demolition expenses for other properties currently exceed the authorized FY 2007 operating budget of $25,750. Mr. Scott Koenig, Public Services Director, stated that, in order to begin repair, the Public Services Department would either move funds from other line items or forego or rearrange projects until the costs were recovered.
Staff recommended that City Council: 1) declare the property dangerous; 2) order the cleaning, sanitizing and removal of all materials necessary to comply with the City of Dover’s building regulations; and 3) order the City Manager, with the assistance of the City Solicitor, to cause the cost 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.
Mr. Gerald Street, representing Mr. Wayne Brobeck, Mrs. Brobeck’s brother and executor of her estate, requested an additional limited period of time to explore the costs to repair or demolish the property and determine whether the costs would exceed the value of the property.
Mr. Hogan moved to declare the property located at 212 Greenblade Drive a dangerous building, delaying action for one week in order to give the executor of the estate time to determine his course of action, and to authorize the Planning staff to clean, sanitize and remove all materials necessary to comply with the City of Dover’s building regulations, and that the City Solicitor be authorized to place a lien on the property. The Finance Director, with the assistance of the City Manager and the Public Service Manager, was directed to determine an appropriate means of funding the repair. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Ruane absent).
PUBLIC HEARING/FINAL READING - REZONING OF A PORTION OF PROPERTY LOCATED ON WEST DENNEYS ROAD, OWNED BY DENNEYS ROAD, LLC.
A public hearing was duly advertised for this time and place to consider rezoning of a portion of property located on West Denneys Road, owned by Denneys Road, LLC. The property is currently zoned R-15 (One-Family Residence) and C-1A (Limited Commercial) and the proposed zoning is RM-1 (Medium Density Residential). During their Regular Meeting of May 22, 2006, members of Council granted the applicant’s request to indefinitely postpone their application.
Planner's Review
Mrs. Townshend reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #1).
Staff recommended denial of the request for RM-1 (Medium Density Residence Zone) because it is inconsistent with the zoning classifications identified for the Low Density Residential area in the Comprehensive Plan. Mrs. Townshend advised members that the Planning Commission recommended denial of the rezoning request. Responding to Mr. Carey, Mrs. Townshend stated that staff had not met with the applicant to discuss other zoning options.
Public Hearing
Council President Williams declared the hearing open.
Mr. Tony Ashburn, 10 Medina Court, stated that he was the current property owner. He noted that he would like to build twin homes, similar to the Overlook on Silver Lake, and has proposed to eliminate the commercial zone, which would generate more traffic. Mr. Ashburn stated that he was not aware that he would have to wait one (1) year to apply for rezoning if his present request were denied.
Mr. George Gaudioso, 167 Maple Glen Drive, expressed concern with the development of the land, noting that the proposed construction does not conform with the neighboring houses and a medium density zone would create more traffic. He reminded members that staff and the Planning Commission recommended denial of the proposed zone.
Council President Williams declared the hearing closed.
Mr. Carey moved to table the request to allow the applicant time to meet with the Planning staff to determine a suitable zone. The motion was seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mr. Ruane absent).
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT KINGS HIGHWAY WEST OF ROUTE 13, CONSISTING OF 5.7861 +/- ACRES, OWNED BY PLAYTEX MANUFACTURING, INC. (REQUEST TO TABLE UNTIL SEPTEMBER 25, 2006)
A public hearing was duly advertised for this time and place to consider rezoning of property located at Kings Highway west of Route 13, consisting of 5.7861 +/- acres, owned by Playtex Manufacturing, Inc. The property is currently zoned IPM (Industrial Park Manufacturing) and the proposed zoning is C-4 (Highway Commercial).
Mrs. Townshend advised members that, since the requested zone is inconsistent with the Comprehensive Plan, staff recommended that final action be tabled until September 25, 2006 in order to present an amendment to the Comprehensive Plan. Mrs. Townshend noted that the First Reading of the ordinance will take place during the latter part of the meeting. She advised members that the Planning Commission recommended denial of the rezoning request.
Public Hearing
Council President Williams declared the hearing open.
Mr. Mark Dunkle, Esq. of Parkowski, Guerke, and Swayze, 116 W. Water Street, representing Playtex, stated that the current IPM zone is the heaviest industrial zoning classification. The owners are marketing their surplus property for commercial development, such as restaurants and hotels. Mr. Dunkle noted that the Comprehensive Plan defines Route 13 as the commercial corridor and suggests that it should be maintained as a regional commercial center. It also encourages the renovation and re-adaptive use of older properties in this corridor and an enhanced image for the highway in this area. Mr. Dunkle noted that staff recommended the C-4 rezoning and that, although the Planning Commission recommended denial of the zone, it was not aware that the proposed uses for the property are permitted in the current IPM zone.
Mr. James McGinnis stated that he is a local realtor hired by Playtex in October 2005 to market the property for sale. He advised members that additional frontage on Route 13 was obtained in order to provide an entrance and exit on the highway to alleviate traffic on Kings Highway. Mr. McGinnis stated that the property owner was agreeable to a split zone of I/O (Institutional and Office) and C-4 (Highway Commercial) in order to address the traffic concerns of the residents on Kings Highway. He provided a letter from Mr. Jim Burcham (Exhibit #2), which indicated the residents were also agreeable to the split zone.
Mr. Jim Burcham, 298 Kings Highway, stated that he had signed letters from five (5) residents who would also support the split zoning since it would protect the character of their neighborhood and allow Playtex to develop their property. He advised members that only one resident received notification of the meeting. Mrs. Townshend stated that the applicant sent notification to the neighboring property owners; however, there were six (6) letters that the post office stamped and scanned but did not deliver. Mr. Burcham requested members to support the split zoning.
Council President Williams declared the hearing closed.
Responding to Mr. Hogan, Mrs. Townshend stated that it would be necessary for staff to meet with the applicant to determine how they would split the zone. She noted that a minor subdivision would also be required. Mr. Rodriguez, City Solicitor, stated that another public hearing would not be necessary to consider the split zone.
Mr. McGiffin stated that he had many conversations with Mr. Burcham, Mr. McGinnis, and Playtex and it seemed prudent to table the matter to allow continued dialogue between the interested parties.
Mr. McGiffin moved to table the rezoning request until September 25, 2006, as recommended by staff. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Ruane absent).
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT OLD LEIPSIC ROAD AND PLAZA DRIVE, CONSISTING OF 23 PARCELS TOTALING 22.0713 +/- ACRES, OWNED BY DOVER INTERNATIONAL SPEEDWAY
A public hearing was duly advertised for this time and place 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. The property is currently zoned R-10 and R-20 (One-Family Residence) and the proposed zoning is R-C (Recreational & Commercial).
Mrs. Townshend advised members that, since the requested zone is inconsistent with the Comprehensive Plan, staff recommended that final action be tabled until September 25, 2006 in order to present an amendment to the Comprehensive Plan. Mrs. Townshend noted that the First Reading of the ordinance will take place during the latter part of the meeting.
Public Hearing
Council President Williams declared the hearing open.
Mr. Gregory Moore, Becker Morgan Group, stated that the parcels would be incorporated into the Dover International Speedway properties and would be upgraded and developed.
Council President Williams declared the hearing closed.
Mr. Salters moved to table the rezoning request until September 25, 2006, as recommended by staff. The motion was seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Ruane absent).
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT COMMERCE WAY (ENTERPRISE BUSINESS PARK), CONSISTING OF 22.9676 +/- ACRES, OWNED BY H & M PROPERTIES, LLC.
A public hearing was duly advertised for this time and place to consider rezoning of property located at Commerce Way (Enterprise Business Park), consisting of 22.9676 +/- acres, owned by H & M Properties, LLC. The property is currently zoned IPM (Industrial Park Manufacturing) and the proposed zoning is RG-2 (General Residence).
Council President Williams advised members that staff received a request from the property owner to withdraw the rezoning application (Exhibit #3).
Mr. Carey moved for approval of the request to withdraw the rezoning application for property located at Commerce Way, owned by H & M Properties, LLC. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Ruane absent).
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED ON THE NORTH SIDE OF WHITE OAK ROAD AND NORTHEAST OF THE INTERSECTION OF WHITE OAK ROAD AND HALSEY ROAD, CONSISTING OF 1.1152 +/- ACRES, OWNED BY LEON AND DOROTHY HANSEN
A public hearing was duly advertised for this time and place to consider rezoning of property located on the north side of White Oak Road and northeast of the intersection of White Oak Road and Halsey Road, consisting of 1.1152 +/- acres, owned by Leon and Dorothy Hansen. The property is currently zoned CPO (Commercial/Professional Office) and the proposed zoning is I/O.
Planner's Review
Mrs. Townshend reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #4).
Public Hearing
Council President Williams declared the hearing open.
Mr. Ron Lawhon, Pastor of the Potter’s House at 1030 S. DuPont Highway, stated that they were trying to obtain access to the property from Halsey Road instead of White Oak Road.
Council President Williams declared the hearing closed.
Mr. Salters moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Hogan and by a unanimous roll call vote (Mr. Ruane absent), Council adopted the following ordinance: (The First Reading of the proposed 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 ON THE NORTH SIDE OF WHITE OAK ROAD AND NORTHEAST OF THE INTERSECTION OF WHITE OAK ROAD AND HALSEY ROAD
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 CPO (Commercial/Professional Office Development) to I/O (Institutional and Office).
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 CPO (Commercial/Professional Office Development) to I/O (Institutional and Office) on that property located on the north side of White Oak Road and northeast of the intersection of White Oak Road and Halsey Road, consisting of 1.1152 +/- acres, owned by Leon and Dorothy Hansen.
ADOPTED: SEPTEMBER 11, 2006
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 1131 NORTH DUPONT HIGHWAY, CONSISTING OF 6.043 +/- ACRES OF A 69.622 +/- ACRE PARCEL, OWNED BY DOVER DOWNS, INC.
A public hearing was duly advertised for this time and place to consider rezoning of property located at 1131 North DuPont Highway, consisting of 6.043 +/- acres of a 69.622 +/- acre parcel, owned by Dover Downs, Inc. The property is currently zoned RC (Recreational & Commercial), C-4 (Highway Commercial), and SC-1 (Neighborhood Shopping Center) and the proposed zoning is RC (Recreational & Commercial).
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 #5).
Public Hearing
Council President Williams declared the hearing open.
Mr. Gregory Moore, Becker Morgan Group, advised members that the proposed rezoning would consolidate split zones resulting from a parcel consolidation into a single zone.
Council President Williams declared the hearing closed.
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 (Mr. Ruane absent), 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 A 6.043 +/- ACRE PORTION OF A 69.622 +/- ACRE PARCEL LOCATED AT 1131 NORTH DUPONT HIGHWAY.
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 RC (Recreational and Commercial), C-4 (Highway Commercial), and SC-1 (Neighborhood Shopping Center) to RC (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 RC (Recreational and Commercial), C-4 (Highway Commercial), and SC-1 (Neighborhood Shopping Center) to RC (Recreational and Commercial) on a 6.043 +/- acre portion of a 69.622 +/- acre parcel, located at 1131 North DuPont Highway, owned by Dover Downs, Inc.
ADOPTED: SEPTEMBER 11, 2006
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 1131 NORTH DUPONT HIGHWAY, CONSISTING OF 21.473 +/- ACRES OF A 152.491 +/- ACRE PARCEL, OWNED BY DOVER INTERNATIONAL SPEEDWAY, INC.
A public hearing was duly advertised for this time and place to consider rezoning of property located at 1131 North DuPont Highway, owned by Dover International Speedway. The property is currently zoned RC (Recreational & Commercial), C-4 (Highway Commercial), A (Agriculture), and R-8 (One-Family Residence) and the proposed zoning is RC (Recreational & Commercial).
Planner's Review
Mrs. Townshend reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #6).
Public Hearing
Council President Williams declared the hearing open.
Mr. Gregory Moore, Becker Morgan Group, advised members that the proposed rezoning would consolidate split zones into a single zone.
Council President Williams declared the hearing closed.
Mr. Salters moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Hogan and by a unanimous roll call vote (Mr. Ruane absent), 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 A 21.473 +/- ACRE PORTION OF A 152.491 +/- ACRE PARCEL LOCATED AT 1131 NORTH DUPONT HIGHWAY.
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 RC (Recreational and Commercial), C-4 (Highway Commercial), A (Agriculture), and R-8 (One Family Residence) to RC (Recreation 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 RC (Recreational and Commercial), C-4 (Highway Commercial), A (Agriculture), and R-8 (One Family Residence) to RC (Recreation and Commercial) on a 21.473 +/- acre portion of a 152.491 +/- acre parcel, located at 1131 North DuPont Highway, owned by Dover International Speedway, Inc.
ADOPTED: SEPTEMBER 11, 2006
PUBLIC HEARING/FINAL READING - PROPOSED ZONING TEXT AMENDMENT - APPENDIX B - ZONING, ARTICLE 3 - DISTRICT REGULATIONS, SECTION 2 - GENERAL RESIDENCE ZONES (RG-1 AND RG-2), SUBSECTION 2.4 (C) MULTIPLE DWELLINGS
A public hearing was duly advertised for this time and place to consider approval of a proposed zoning text amendment to Article Appendix B - Zoning, Article 3 - District Regulations, Section 2 - General Residence Zones (RG-1 and RG-2), Subsection 2.4 (c) Multiple Dwellings, that would prohibit conversion of one-family residences to multi-family residences in the RG-1 (General Residence) zone and continue to allow them as a conditional use in the RG-2 (General Residence) zone. Mrs. Townshend advised members that the Planning Commission recommended approval of the proposed amendment.
The proposed ordinance was reviewed by the Parks, Recreation, and Community Enhancement Committee during their Regular meeting of July 11, 2006, and approved by City Council during their Regular meeting of July 24, 2006, at which time the First Reading of the proposed amendment was accomplished.
Mr. Hogan moved that the final reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. Slavin and unanimously carried.
Council President Williams declared the hearing open and, with no one present wishing to speak, 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 (Mr. Ruane Absent). (The First Reading of this ordinance was accomplished during the Council Meeting of July 24, 2006):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Appendix B - Zoning, Article 3 - District Regulations, Section 2 - General residence zones (RG-1 and RG-2), Subsection 2.4 (c) be amended by deleting it in its entirety and inserting in lieu thereof the following:
(c) Multiple dwellings subject to the following restrictions:
i.Conversions of single-family dwellings to multi-family residential dwellings shall be limited to the RG-2 district.
ADOPTED: SEPTEMBER 11, 2006
UTILITY COMMITTEE REPORT - AUGUST 28, 2006
The Utility Committee met on August 28, 2006, with Chairman Carey presiding.
Annexation Requests - 349 Acorn Lane, owned by Luis A. Liranzo and Virginia Rodriguez, and 446 Acorn Lane, owned by Thomas M. Romanowski
Members were provided the Petition to Annex and Zone Property and a Cost/Revenue Analysis Summary for properties located at 349 Acorn Lane, owned by Luis A. Liranzo and Virginia Rodriguez, and 446 Acorn Lane, owned by Thomas M. Romanowski.
Mrs. Ann Marie Townshend, Director of Planning and Inspections, advised members that the annexation was initiated by Mr. Liranzo due to a failing septic system. She noted that staff contacted all of the enclave property owners on Acorn Lane, as well as Nixon Lane, and only Mr. Romanowski expressed interest in annexation. Mrs. Townshend stated that both properties are currently receiving City of Dover electricity and trash removal. The residence at 349 Acorn Lane is currently receiving both sewer and water service. The residence at 446 Acorn Lane does not currently have City water or sewer service; however, the landowner has been informed of the connection charges.
Mrs. Townshend advised members that the Cost-Revenue analysis showed a negative cash flow to the City of approximately $922 over ten years; however, this figure is likely misleading because these properties are developed residential properties that are enclaves of the City.
Responding to Mr. Ruane, Mrs. Townshend advised members that the proposed City zoning classification of R-10 (One Family Residence) is comparable to the County zoning classification of RS-1 (Single Family Residential). She noted that both lots exceed the minimum lot size for the proposed R-10 zone.
The committee recommended adoption of a resolution setting the annexation referendum for properties located at 349 Acorn Lane, owned by Luis A. Liranzo and Virginia Rodriguez, and 446 Acorn Lane, owned by Thomas M. Romanowski.
By consent agenda, Mr. Salters moved for approval of the committee’s recommendation. The motion was seconded by Mr. Carey and, by a unanimous roll call vote (Mr. Ruane absent), Council adopted the following Resolution:
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include properties located at 349 and 446 Acorn Lane, which is contiguous to the present City limits, into the limits of the City of Dover and within a zoning classification as recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special election be held for properties located at 349 and 446 Acorn Lane situated in West Dover Hundred, Kent County, State of Delaware.
2. That the election be held on the 12th day of October, 2006 commencing at the hours of 11:00 a.m. in the City Hall Annex, 15 E. Loockerman Street, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in accordance with the City of Dover Charter.
ADOPTED: SEPTEMBER 11, 2006
Virchow Krause - Franchise Fee Review
Mrs. Donna Mitchell, Finance Director/Treasurer, advised members that the City’s contract with Virchow Krause & Company includes a review of the franchise fees received from Comcast for their use of the City’s right-of-ways. Virchow Krause analyzed Comcast’s 2004 (the “test year”) franchise fee remittances to the City of Dover for the purpose of determining whether Comcast has complied with the franchise fee provisions of the agreement between the City of Dover and Comcast. The analysis of the test year data was made solely to assist in evaluating whether Comcast has complied with the franchise fee requirements under the agreement.
Mrs. Mitchell reviewed the Report on Cable Television Franchise Fee Review. She noted that Virchow Krause found that revenues from late fees and trip charges have been excluded from the gross revenues computation. These items are not specifically excluded from the definition of gross revenues in the franchise agreement and should be included. The exclusion amounts to approximately $3,300 in revenue to the City for fiscal year 2004. Virchow Krause recommended that the City determine if retroactive payment of this amount for 2004 is desired. They also suggested that Comcast include these amounts in future payments.
Mrs. Mitchell advised members that Virchow Krause also found that launch fees (payments received or reduced programming fees in return for costs incurred to increase the subscriber count) are being excluded from gross revenues. The franchise agreement specifically addresses the issue of non-monetary revenues for advertising services and requires that the fair value of the services be considered. Virchow Krause recommended that the City request Comcast to provide a mechanism to ensure that future advertising services in exchange for launch fee agreements are tracked and valued as aired and that it be included in the gross revenues basis for the franchise fee calculation. Comcast does not believe these transactions are barter transactions, in which case the City may wish to request documentation to support this treatment.
Mrs. Mitchell, stated that the Public Service Commission (PSC) performs a similar analysis and she has requested additional information from them regarding these findings and the feasibility of collecting the revenue. She advised members that she would report back to the committee once the PSC has responded to the request. Staff recommended acceptance of the Virchow Krause & Company Franchise Fee Review.
Mr. Cregar asked if the fees were retroactive and, if so, how many years of missed revenue could be recovered by the City. Mrs. Mitchell responded that the fees in question are subject to retroactivity and she would consult with the City Solicitor to research any statutes that may exist.
The committee recommended that the Finance Director be authorized to proceed with the recommendations of Virchow Krause, with the understanding that the degree of retroactive payments be based on the results of the consultation with the City Solicitor. The Finance Director will also continue to communicate with the PSC regarding their findings.
By consent agenda, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Ruane absent).
Comcast FCC Filing Forms 1240 and 1205
On August 1, 2006, Comcast filed FCC Form 1240 related to the cost of service for basic cable service and Form 1205 related to cost of equipment installation and service charges. As per the City’s Franchise Agreement, these forms were filed with the City on August 1, 2006, and the City has ninety (90) days to act on these forms.
Mrs. Mitchell advised members that the basic service maximum permitted rate allowed by the calculations on the form is $19.14. This is an increase from the $18.92 rate in last year’s filing. The current rate is $18.75, which is expected to be raised to $18.95. The maximum permitted rate for equipment and installation has also changed. If Comcast is under the maximum permitted rate and they wish to increase rates, they usually notify the City sixty (60) days in advance of the increase. Comcast also advertises a Public Notice of rate changes in the Delaware State News. Mrs. Mitchell advised members that the maximum permitted rates will go into effect November 1, 2006. The Operator Selected Rates are planned to be implemented on June 1, 2007 and are now being submitted along with other rate information.
The committee recommended acceptance of the Comcast FCC Filing Forms 1240 and 1205.
Mr. Ruane requested staff to provide an update on any local competition and the extent of services now being offered by Comcast to ensure the City is receiving the appropriate franchise fees. Mrs. Mitchell noted that the total number of Comcast subscribers has declined due to satellite dish companies now offering service in the area.
By consent agenda, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Ruane absent).
By consent agenda, Mr. Salters moved for acceptance of the Utility Committee Report, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Ruane absent).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - AUGUST 28, 2006
The Legislative, Finance, and Administration Committee met on August 28, 2006, with Chairman Salters presiding.
Proposed Ordinance - Disruption of Funeral, Memorial Service, or Funeral Procession
During their Regular Meeting of August 14, 2006, members reviewed a draft ordinance which would prohibit disorderly conduct near a funeral, memorial service, funeral procession, or burial and establishes penalties for such actions. The committee tabled action pending a formal review by the City Solicitor.
Mr. Carey stated that he would like to amend Sec. 70-7 (b) by increasing “one (1) hour preceding” to “two (2) hours preceding”.
It was the opinion of the Deputy City Solicitor, Mr. William Pepper, that the courts are unlikely to uphold the proposed ordinance and, due to the language being overbroad and vague, the potential exists for legal action to be brought against the City based on civil rights violations. Mr. Pepper questioned the need for the ordinance if a similar, more detailed, ordinance exists at the State level. He also noted that the City would be liable for enforcing the State law and; therefore, subject to defense by the Attorney General if a lawsuit were filed.
Responding to Mayor Speed, Mr. Pepper advised members that the 1,000 feet would be viewed as linear and moving, depending on the length and width of the funeral procession.
Mr. Pepper advised against adoption of the proposed ordinance.
Mr. Hogan stated that, since the proposed ordinance does not specifically prohibit picketing and it would be very difficult to enforce without inviting a lawsuit, he was withdrawing his support for the proposed ordinance. Mr. Slavin also expressed concerns regarding the vague language contained in the proposed ordinance and questioned the intent of the ordinance if one is already in place at the State level. Mr. Slavin also withdrew his support for the proposed ordinance.
Captain Raymond Taraila, Deputy Police Chief, advised members that staff has conducted research on how best to handle the type of protestors the proposed ordinance addresses. He noted that the City Solicitor, Mr. Nicholas Rodriguez, was consulted on formulating a plan of action. Captain Taraila questioned their ability to enforce the proposed ordinance, since much of the language is subject to interpretation.
The committee recommended withdrawal of the proposed ordinance.
By consent agenda, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Ruane absent).
Proposed Amendments to the City of Dover Electric Service Handbook, Section 3-36 - Proposed Increase for Residential Underground Extension Fee
Presently, the City of Dover requires a $250 residential underground extension fee (per lot) for new developments and/or extension requests. The $250 fee was intended to cover engineering costs, material costs, cable pulling, terminations, transformer installation, and the energizing of the new distribution extension. Due to the rising cost of material and labor rates, it is necessary for the City to re-evaluate the fees associated with providing the infrastructure for electric service to new developments. The average cost for providing electric service is approximately $850 per lot. Additionally, extensions made for individual customers will be increased from 50% cost to 100% cost. These changes are consistent with surrounding utilities and municipalities in the area.
Members reviewed the proposed amendments to the City of Dover Electric Service Handbook, Section 3-36 - Proposed Increase for Residential Underground Extension Fee. Mr. DePrima, City Manager, noted that the last increase and amendment to the Electric Service Handbook was completed in 1999.
Staff recommended approval of increasing the Residential Underground Extension Fee from $250 per lot to $850 per lot and approval of the proposed amendments to the City of Dover Electric Service Handbook.
The committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Salters moved for approval of increasing the Residential Underground Extension Fee from $250 per lot to $850 per lot and approval of the proposed amendments to the City of Dover Electric Service Handbook (Exhibit #7). The motion was seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Ruane absent).
Evaluation of Bids - Electric Engineering Services Contract
The City of Dover is consistently working on future capacity and future growth projects. These projects take numerous hours of engineering and estimating. Over the past eleven (11) years, Duke Power assisted the City with engineering services through its contract. The termination of the Duke contract now requires an engineering services contract to be established for general electrical engineering and estimating services. In an effort to maintain the electrical system and future growth of our system, an RFQ for engineering services was done. Mr. Steve Enss, Public Utilities Field Engineer, reviewed the five (5) proposals received for engineering services based on qualifications, experience, and cost. There were five (5) major questions presented in each review and additional notes made for services provided outside the requirements of this request.
Due to Shaw’s knowledge of the overall plan for future growth and capacity needs of the City of Dover, staff felt the engineering time and cost of any of the other three proposals meeting the requirements would exceed the differences in labor rates and would not be economical for the City.
Staff recommended awarding a three (3) year contract to Shaw EDS for engineering such projects as Feeder’s 3 & 4, Frazier Substation, flow studies, St. Jones switch yard, and any other major engineering projects. Costs will exceed the $25,000 originally budgeted and related services will be charged to the appropriate projects.
The committee recommended approval of staff’s recommendation to award the three (3) year electric engineering services contract to Shaw EDS.
By consent agenda, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Ruane absent).
Review of Recommendations - Active Duty Military: Extended Services provided by the City
During their Regular Meeting of June 26, 2006, members requested the City Manager to review all services or areas of enforcement that may effect active duty military members who may have been deployed with very short notice. The Committee requested that the City Manager report back within 60 days.
Mr. DePrima advised members that he consulted with all City Department Heads on their interactions with deployed military residents and found that there are three instances where a formal code or policy recognizes active military residents, as follows:
• Section 106-130(b) of the City Code regulates unregistered vehicles parked on private property. Under this section, being "out of state for military duty" is a recognized reason for having inspections waive the 90 day parking restriction.
• The utility deposit requirement for military personnel is only 50% of what is normally required, as long as they do not get behind with payments. This policy was instituted several years ago by the City Manager after being contacted by the Wing Commander who was concerned that the City’s deposit requirements were difficult to meet for lower ranked airmen. In exchange for this agreement, the Commander agreed that his staff would intervene when there are cases of non-payment by military personnel.
• The Customer Services Department receives deployment notices. Accounts of military personnel who provide deployment notices are flagged so utilities are not disconnected for non-payment during the deployment period.
Mr. DePrima advised members that staff in all departments indicated that, when they are made aware of a person's military deployment, they are very flexible and usually dismiss any fines or charges levied, depending on the circumstances. Examples given were: library fines waived, parking and code enforcement summonses dismissed, and recreation deposits refunded.
It was the general consensus that the City provides good service to military personnel and that, in general, very few complaints are received. The only area recommended for improvement was communications. Certain departments, such as Police and Inspections, are not made aware of a person being deployed and, in turn, active military residents are not aware of the City codes.
Mr. DePrima advised members that, prior to being deployed, military personnel are given a checklist itemizing things to be considered before being deployed, i.e., wills, powers of attorney, etc. TSgt. Shawn Swanson, the Family Readiness NCO at the DAFB Family Readiness Center, believes that a checklist of information for City residents preparing to deploy would be helpful. He indicated that it could be distributed it to all Squadron Family Readiness Managers. Mayor Speed suggested sending the checklist to the Employer Support of the Guard and Reserve organization (ESGR), as well. Mr. DePrima advised members that, once the checklist has been completed, it will be shared with all active National Guard and Reserve units in Delaware. The checklist will also be posted on the City’s Website.
The committee recommended approval of staff’s recommendations for extended services provided by the City to active duty military.
By consent agenda, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Ruane absent).
By consent agenda, Mr. Salters moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Ruane absent).
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - AUGUST 29, 2006
The Safety Advisory and Transportation Committee met on August 29, 2006, with Chairman Hogan presiding.
Briefing on DelDOT Projects
Due to the absence of Mr. Gary Laing, no update was given.
Request for Alley Waiver - Article 5 - Supplementary Regulations, Section 17 - Emergency Access Requirements - Silver Lake Townhouses
Article 5, Section 17 of the Zoning Ordinance specifies requirements for emergency access. One of the requirements is that rear alley access be provided for townhouses of three to eight units with no fire protection. Article 5, Section 17 (2) states, "Should the Planning Commission determine, after demonstration by an applicant that alternative means of fire protection can be provided which are equivalent to or greater than the public safety protection provided by this ordinance, then the Planning Commission may recommend to [the] City Council to waive certain provisions of this ordinance that are not required under other city or state laws."
Mrs. Ann Marie Townshend, Director of Planning and Inspections, advised members that the applicant for Silver Lake Townhouses has agreed to install a fire suppression system (sprinkler system) in each of the townhouse units, which exceeds current code requirements, as an alternative means of fire protection. Mrs. Townshend also noted that emergency access to the rear of the townhouses could be provided through the adjacent Dover High School property.
During their Regular Meeting of June 20, 2006, the Planning Commission recommended approval of the alley waiver in its approval of this townhouse project.
Mr. Carey asked if the Public Services Department would have any difficulties collecting trash from the proposed area if the alley requirement were waived. Mr. Scott Koenig, Public Services Manager, stated that if the front entry garages allow residents to pull their trash container back inside, they would have no objections.
The committee recommended approval of the request for alley waiver for Silver Lake Townhouses, as recommended by the Planning Commission.
By consent agenda, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Ruane absent).
Residential Parking Stickers - Bradford Street
In accordance with Chapter 106 - Traffic and Vehicles, Section 106-135 - Residential parking of the Dover Code, certain areas in the City, upon approval of the City Manager, Chief of Police and Chairperson of the Safety Advisory and Transportation Committee, will be eligible for residential parking stickers. Each individual area will be assigned a different color-coded bumper sticker with the year of expiration. After proper registration, these stickers will allow the vehicle upon which it is affixed to be exempt from two-hour parking regulations in only the specified area. However, this sticker is not entitlement to a parking space, nor exemption from any other parking or motor vehicle regulations established in said area or other areas.
At the request of Police Chief Jeffrey Horvath, members considered designating North Bradford Street as a residential parking area. Deputy Police Chief Raymond Taraila advised members that, due to numerous resident parking issues, staff recommended providing residential parking on North Bradford Street, beginning at Wesley College and continuing north to Governors Avenue. Deputy Chief Taraila noted that residential parking has been designated on South Bradford Street and the first block of North Bradford Street.
The committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Ruane absent).
Proposal - Sex Offender Legislation Review Committee