REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 13, 2006 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mrs. Russell, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Second Assistant Fire Chief Christiansen, Mr. DePrima, Deputy City Solicitor Pepper, Mrs. Green, 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. Eric O’Brien, 30 N. New Street, submitted additional information (draft letters to congressmen) regarding quality of life in his neighborhood. Noting that “Blue Safety Lights” are being installed at colleges and university, he suggested the consideration of installing “Blue Safety Lights” in residential neighborhoods. He felt that Senator Carper’s homeowner’s initiative would not be successful in the downtown area if these quality of life issues are not addressed. Mr. O’Brien again reiterated that the Police are not doing enough to address illegal activities and requested members of Council to take action to resolve these issues, feeling that the number of years many residents have had to tolerate the noise and illegal activities is unacceptable.
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. Carey moved for approval of the Consent Agenda, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 27, 2006
The Minutes of the Regular Council Meeting of February 27, 2006 were unanimously approved by motion of Mr. Carey, seconded by Mr. Sadusky and bore the written approval of Mayor Speed.
RECOGNITION OF SERVICE - DAVID L. ANDERSON - DOVER HUMAN RELATIONS COMMISSION (AUGUST 2005 - OCTOBER 2005)
On behalf of members of Council, Mayor Speed presented Mr. Anderson with a Certificate of Recognition for his service on the Dover Human Relations Commission.
Mr. Anderson thanked the Mayor and Members of Council for the recognition and relayed appreciation to the City Clerk’s Office for the assistance provided to him.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 501 WEST DIVISION STREET, OWNED BY CARMEN HARDCASTLE
A public hearing was duly advertised for this time and place to consider rezoning of property located at 501 West Division Street, owned by Carmen Hardcastle. The property is currently zoned C-3 (Service Commercial) and the proposed zoning is C-1A (Limited Commercial).
Planner's Review
Mr. DePrima, City Manager, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #1).
Public Hearing
Council President Williams declared the hearing open.
Mr. Thomas English, 467 Nicole Court - Smyrna, equitable owner of the property, advised members that it is his intention to build a single family home and he was quite surprised, due to the surrounding neighborhood, that a rezoning was necessary for the property. He plans to build a 2-story home similar to those in the surrounding area.
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, Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of January 23, 2006)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 501 WEST DIVISION STREET.
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 C-3 (Service Commercial) to C-1A (Limited 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 C-3 to C-1A on that property located at 501 West Division Street, owned by Carmen Hardcastle.
ADOPTED: ADOPTED MARCH 13, 2006
STATUS REPORT ON ENERGY REQUEST FOR PROPOSALS (RFP’S)
In response to a request of Mr. Slavin (during the Regular Council Meeting of February 13, 2006), a presentation was made during the Regular Council Meeting of February 27, 2006 regarding electric deregulation by the Executive Director of the Public Service Commission. As a continuation of this request, Mr. DePrima provided a status report on the energy request for proposals for the City.
Mr. DePrima introduced Mr. Dean Blaha, Plant Operator, for assistance in the presentation. Members were provided a Power Point Presentation on where the City is in terms of request for proposals for wholesale energy purchasing, as operation of the McKee Plant, information on how our current plant operates, current pricing for fuel used, and regulatory issues that are on the horizon (Exhibit #2).
UTILITY COMMITTEE REPORT - FEBRUARY 27, 2006
The Utility Committee met on February 27, 2006 with Chairman Carey presiding.
Annexation Request - Property Located North of But Not Adjacent to College Road (North of Raymond Street and East of the Railroad Corridor and Railroad Avenue with the Eastern Boundary of the Subject Area Being the St. Jones River), Consisting of 30.776 +/- Acres, Owned by College Road Management, Inc., Kent Storage Facilities, LLC, and Loralex Company, LLC
Members were provided the Petition to Annex and Zone Property and a Cost/Revenue Analysis Summary for property located north of but not adjacent to College Road (north of Raymond Street and east of the railroad corridor and Railroad Avenue with the eastern boundary of the subject area being the St. Jones River), consisting of 30.776+/- acres, owned by College Road Management, Inc., Kent Storage Facilities, LLC, and Loralex Company, LLC.
Mr. DePrima, City Manager, assured members that the City is capable of providing utilities to the parcel and provided members an updated Cost of Services. Staff recommended annexation of the property.
The committee recommended adoption of a resolution setting the annexation referendum for property located North of But Not Adjacent to College Road (North of Raymond Street and East of the Railroad Corridor and Railroad Avenue with the Eastern Boundary of the Subject Area Being the St. Jones River), consisting of 30.776+/- Acres, Owned by College Road Management, Inc., Kent Storage Facilities, LLC, and Loralex Company, LLC.
By consent agenda, Mr. Carey moved for adoption of the following Resolution, seconded by Mr. Sadusky and carried by a unanimous roll call vote:
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 an area located north of but not adjacent to College Road (north of Raymond Street and east of the railroad corridor and Railroad Avenue with the eastern boundary of the subject area being the St. Jones River), consisting of 30.776+/- acres, 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 an area located north of but not adjacent to College Road (north of Raymond Street and east of the railroad corridor and Railroad Avenue with the eastern boundary of the subject area being the St. Jones River), situated in East Dover Hundred, Kent County, State of Delaware.
2. That the election be held on the 13th day of April, 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: MARCH 13, 2006
Engineering Consultant's Report
The City of Dover Electric Bond Resolution requires that the City retain an independent engineering consultant to inspect the City's electric system and to review the electric budgets and insurance program. The City contracted with Burns & McDonnell to perform this year's analysis. The report provides the information related to their annual review for the Fiscal Year ended June 30, 2005.
Mrs. Mitchell, Finance Director/Treasurer, reviewed the highlights of the report which compares FY2003 to FY2005. Staff recommended acceptance of the Engineering Consultant’s Report on the Operation and Maintenance of the Electric System for Fiscal Year 2005, as reviewed by the Finance Director.
During the committee meeting, Mr. Ruane expressed concern with the wording “any excess of this amount will be refunded to customers by reducing the rate of the power cost adjustment” with regard to the description for the Electric Rate Stabilization Fund. Mrs. Mitchell stated that the rate stabilization reserve was set aside to off-set rate increases if necessary. Mr. Ruane suggested that the wording be corrected to indicate that it is not to be used as a refund but rather to provide for an off-set if and when there would be an increase in rates. He also suggested that the committee should periodically review long-term trends and develop strategies for addressing those trends.
The committee recommended acceptance of the Engineering Consultant's Report on the Operation and Maintenance of the Electric System for Fiscal Year 2005, as recommended by staff.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
Outage Report (Steve Sax)
Mr. Steve Sax, Electric Department Director, provided a PowerPoint presentation of the Outage Report and 2005 Highlights. Mr. Sax noted that the total outage time for 2005 was four (4) hours and twenty minutes, which is a 99.995% success rate. Mr. Ruane suggested that future reports include the status of electric construction projects.
By consent agenda, Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - FEBRUARY 28, 2006
The Safety Advisory and Transportation Committee met on February 28, 2006 with Chairman Hogan presiding.
“Jeanne Clery Act” Presentations
The “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act” is a landmark Federal Law, originally known as the Campus Security Act, that requires all colleges and universities to disclose information about crime on and around their campuses. The “Jeanne Clery Act” is named in memory of a nineteen (19) year old Lehigh University freshman Jeanne Ann Clery who was raped and murdered while asleep in her residence hall room on April 5, 1986.
Mr. John Schaible, Chief of Public Safety for Delaware Technical & Community College Terry Campus, presented members with a PowerPoint Presentation regarding how Delaware Technical & Community College complies with the “Jeanne Clery Act”. Mr. Schaible indicated that Delaware Technical & Community College has a minimal amount of reportable crime. The website to view the crime statistics for Delaware Technical & Community College is www.dtcc.edu/publicsafety.
Dr. John L. Cunningham, Director of Public Safety for Wilmington College, presented members with a PowerPoint Presentation regarding how Wilmington College complies with the “Jeanne Clery Act”. Dr. Cunningham indicated that there are two (2) Blue Light Emergency Phones at the Dover Campus, four (4) at the New Castle Campus, and two (2) at the Graduate Center. He also noted that they have experienced technical difficulties with these units. Dr. Cunningham also stated that a security announcement post card is mailed to each college student/perspective student, employee/perspective employee, and staff member/perspective staff member at the end of every extended enrollment period. The website to view the crime statistics for Wilmington College is www.wilmcoll.edu/security. Dr. Cunningham indicated that Wilmington College has a minimal amount of reportable crime and the Constables have limited arrest authority.
Chief James Overton, Chief of Police for Delaware State University, presented members with a PowerPoint Presentation regarding how Delaware State University complies with the “Jeanne Clery Act”. Chief Overton indicated to members that the statistics noted are how the incidents are first reported and not how they are eventually solved. Chief Overton noted that Delaware State University is unique because it has “residence halls” which house approximately 2,000 students. The website to view the crime statistics for Delaware State University is www.desu.edu/police.
Chief Overton stated that there are eight (8) Blue Light Emergency Phones on the Main Campus and four (4) at the new residence halls. Due to the size of the College parking lots and the amount of lines that would need to be buried, Chief Overton stated that the College is in the process of meeting with vendors for the Cellular Blue Light Emergency Phones.
Dr. Kenneth Waldrop , Dean of Students for Wesley College, presented members with a PowerPoint Presentation regarding how Wesley College complies with the “Jeanne Clery Act”. The website to view the crime statistics for Wesley College is www.wesley.edu/studentlife/safety_security.html#3.
Dr. Waldrop noted that when the new dormitory opened there was an increase in alcohol violations. He stated that Wesley College employs security officers to patrol the campus and that there is at least one (1) security officer on duty at any given time of day.
Dr. Waldrop stated that the College does not notify the surrounding communities of any serious crimes that have been reported. Mr. Slavin suggested that the residential communities surrounding Wesley College should be made aware of any serious crimes that were committed on campus and offered to help Wesley College find a strategy in order to do so. Dr. Waldrop noted that if a crime is committed and public knowledge is not made, he could not confirm the crime due to the guidelines of the Family Education Right to Privacy Act. Chief Horvath indicated that a crime would not be reported to the public if there was an on-going investigation.
Housing/Crime Presentation
Mrs. Ami Sebastian-Hauer, Executive Director of the Dover Housing Authority, and Chief Horvath, Police Chief of the Dover Police Department, presented members with a Housing/Crime PowerPoint Presentation. Mrs. Sebastian-Hauer indicated to members that the Dover Housing Authority owns and manages 302 public housing units in seven (7) developments on 22 scattered sites within the City of Dover. The admissions policy, occupancy policy, and lease documents enable the Housing Authority to enforce a zero tolerance policy against criminal and drug activity in the housing developments. Mrs. Sebastian-Hauer stated that all the applicants applying for housing must pass a thorough background check, which includes a criminal and credit check, landlord and personal reference check, and income and household composition verification. Once this process has been completed, a meeting is held with the applicant regarding the different policies, review of the lease documents, and review of the strict Federal policy. Mrs. Sebastian-Hauer stated that the lease and the landlord tenant code have been enforced in accordance with Federal Regulations and local laws.
Mrs. Sebastian-Hauer noted that the Housing Authority, City of Dover, and the Dover Police Department have enjoyed a really great working relationship since 1993. She advised members that the Housing Authority has been administering a Drug Elimination Program even when funding was reduced.
Mrs. Sebastian-Hauer stated that the Dover Housing Authority does receive weekly reports from the Community Policing Officers and that there has been a decrease in crime. She noted that many of the incidents have involved guests of residents or people living with residents illegally. Mrs. Sebastian-Hauer also noted that the same person was involved in two (2) of the three (3) recent shooting incidents. She advised members that the persons interviewed by the local television stations regarding these crimes were not residents of the housing developments and that all parties involved have since been evicted.
Mrs. Sebastian-Hauer indicated that safety and security has been the top priority of the Dover Housing Authority for the past six (6) years, not only for the residents, but for surrounding communities as well, and approximately $100,000 is committed annually to this effort. She stated that the latest enhancement has been the installation of hi-tech cameras, which are visible, that record traffic at the entrance to the Manchester Square Apartment complex.
Chief Horvath confirmed the great working relationship that has developed between the Dover Police Department and the Dover Housing Authority. He also confirmed that the same person was involved in two (2) of the three (3) shootings and most of the people that have been arrested are not residents of Manchester Square Apartments. Chief Horvath indicated that there is a problem with lack of cooperation from witnesses in the Manchester Square Apartment neighborhood. Through the Community Policing Unit, Chief Horvath hopes to gain the trust of the residents of that neighborhood so that they feel comfortable reporting incidences to the police. Chief Horvath presented members with a form indicating all calls for service in the Manchester Square Apartments. Chief Horvath also noted that the Police Department will continue to be proactive to make this neighborhood a better place to live.
Mrs. Sebastian-Hauer noted that it takes approximately three (3) to six (6) months to go through the Court process in order to evict a resident. Chief Horvath stated that the Dover Police Department and the Community Policing Officer frequently visit the Manchester Square Apartment Complex, as does the Quality of Life Task Force.
By consent agenda, Mr. Carey moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
ANNUAL REPORT - FIRE DEPARTMENT
By consent agenda, Mr. Carey moved for acceptance of the Annual Report of the Fire Department, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
PLANNED NEIGHBORHOOD DESIGN CONCEPT PLAN - KESSELRING PROPERTY LOCATED SOUTH OF THE PUNCHEON RUN ON THE WEST SIDE OF NEW BURTON ROAD AND THE RAILROAD CORRIDOR
The Planning Office received a proposal to establish a Planned Neighborhood Development on 182.631+/- acres of land known as the Kesselring Property, owned by Helen C. Kesselring. The property is located on the south side of the Puncheon Run and west of the railroad corridor and New Burton Road. It was noted that the plan submission identifies the owners as the Kesselring Company, LLC and the developer as Genco Homes-Kent LLC.
Ms. Melson, City Planner, advised members that the applicant proposes the construction of a development consisting of 331 single family homes and areas of open space, storm water management, and active recreation. Access to the site is proposed as a connection to the existing Riverside Road within the Hidden Creek Subdivision and a connection to Wyoming Mill Road.
In accordance with Article 3, Section 24.1.a of the Zoning Ordinance, there is a three-step review and approval process for Planned Neighborhood Design, which is intended to “... encourage superior residential environments through a unified planning process...” . In the first step, the developer shall submit a general sketch plan to City Council for their consideration in determining whether or not the proposed project is of such a design and type that warrants further review by the Planning Commission. If Council determines that further review is warranted, then the project shall proceed to the second step, which is a more detailed Conditional Use Site Plan review and public hearing before the Planning Commission. This submission to City Council represents the first step in the review process.
Mr. Ruane relayed concern regarding the relationship of this development and one of the proposed alignments for the West Dover Connector. He indicated that Council adopted a Resolution on December 12, 2005, and he wanted to be sure that the developer was aware of Council’s endorsement of alternative concept 5C, which would directly impact the proposed development. Mr. Ruane questioned what action has been taken in the concept plan to recognize and respect the position of Council.
Responding, Ms. Melson stated that the developers have had conversations with DelDOT regarding transportation planning in the area. They are currently working through a traffic impact study and are aware of the West Dover Connector project in general and a series of alternatives. Mr. DePrima advised members that the developer is aware of option 5C and that the proposed concept plan has been designed to accommodate that option.
Mr. Ruane also noted that Council adopted a Resolution on December 12, 2005, recognizing that all new developments in this area that may impact the Puncheon Run and the larger watershed should coordinate their planning to assure effective storm water management measures are taken. He questioned if the developer has recognized this issue and is willing to participate in this discussion and make any adjustments that may be deemed necessary.
Responding, Ms. Melson stated that the information provided by the developer regarding this project recognizes best management practices related to storm water management and their close proximity to the Puncheon Run.
Mr. Randy Duplechan of Davis, Bowen, and Friedel, project engineer, advised members that discussions have been held with Soil Conservation District and that they are in the process of reviewing proposals to perform the Watershed Study. He has been advised that, once awarded, it would take a few months to complete the study. Mr. Duplechan noted that he offered to participate and was willing to provide any information that may be useful in assisting with the study process. Realizing there is a grave concern with the Watershed, he assured members that the proposal includes several ponds that will be interconnected to allow them to over-manage beyond typical requirements.
Mr. Duplechan also assured members that there is more than adequate right-of-way space to accommodate the needs of DelDOT for the Westside Connector. He advised members that the plan provides for access to Schutte Park through the northern end of the property.
Mr. Ruane moved that the Kesselring Planned Neighborhood Development is of a design and type that warrants further review by the Planning Commission, with the condition that on the Planning Commission’s submission material the developer show that the southern access road alignment, southern storm water management area, and lots 285 to 298 are subject to change, conditioned on Option 5C of the West Side Dover Connector Study alignment and right-of-way needs which is the officially preferred position by the Dover City Council, and with the understanding that the developer will participate in and cooperate with the Puncheon Run Watershed Action Team in its study of the Watershed and its final recommendations for a coordinated storm water management plan for the Watershed. The motion was seconded by Mr. Sadusky and unanimously carried.
APPOINTMENT OF CITY CLERK
Mrs. Green, City Clerk, submitted a letter of retirement to become effective May 16, 2006.
Mr. Carey moved for the appointment of Mrs. Traci McDowell as City Clerk to become effective May 17, 2006 at an annual salary in the amount of $54,532. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
PROPOSED RESOLUTION - CENSURE OF COUNCILMAN ROBERT G. RITTER
The City Clerk, Mrs. Green, read a proposed Resolution publicly censuring Councilman Ritter for violating the spirit and purpose of the Executive Session held on February 24, 2006, by making statements and referring to facts which should have been and remained confidential and should not have been divulged to the public.
Mr. Hogan moved for adoption of the Resolution, seconded by Mr. Sadusky.
Mr. Ritter stated that, with the assistance of the Attorney General’s Office, City Council is violating a citizens right of free speech under the First Amendment. He stated that there is a case law, just like the situation before members, in Mesa versus White (197F.3D1041 Case of the 10th Circuit Court of 1999). In this case, the meeting was open to the public and bound by the same standards that apply in the case of traditional public forum. This does not translate; however, into significant interest and restricting the public’s ability to present its view on personnel matters at a public meeting. He urged members to read the case law before taking action and making a decision. Mr. Ritter stated that the conclusion of this case law indicates that the court does not read the open meeting act to require the commissioners to discuss or allow discussion of such matters only at closed meetings. He stated his intentions to take this matter to the Attorney General’s Office as a full, written complaint by City Council if the Resolution is approved.
The motion for adoption of the Resolution was carried by a roll call vote of eight (8) yes, one (1) no (Mr. Ritter) and Council adopted the following Resolution:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET
WHEREAS, Council held an Executive Session to discuss important personnel matters on Friday, February 24, 2006, commencing at 9:30 a.m., called in accordance with the Freedom of Information Act (FOIA), 29 Del. C. §10004(b)(1) and (9); and
WHEREAS, critical personnel issues were discussed at this Executive Session; and
WHEREAS, Council recognizes that discussions held in Executive Session must be kept confidential otherwise the entire purpose of the Executive Session is defeated and frustrated; and
WHEREAS, at the regular Council meeting held on February 27, 2006, Councilman Ritter made statements during the Council meeting pertaining to the identity and qualifications of applicants, which statements were directly in violation of the spirit and purpose of the Executive Session requiring confidentiality of such factual matter and statements occurring during the Executive Session; and
WHEREAS, Members of Council take great exception to such statements of Councilman Ritter made in the open public session referring to and divulging information which should have remained confidential and wish to formally and publicly censure Councilman Ritter for violating the principles and purposes of the Executive Session.
NOW THEREFORE, BE IT RESOLVED by the Members of Council in Council met that Councilman Ritter is publicly censured for violating the spirit and purpose of the Executive Session held on February 24, 2006, by referring to facts which should have been and remained confidential and should not have been divulged to the public by Councilman Ritter.
ADOPTED: MARCH 13, 2006
Mr. Ruane read, into the record, a response (Exhibit #3) to remarks about the interview and selection process for the City Planner vacancy which were made by Mr. Ritter during the previous Regular Council Meeting held on February 27, 2006. (City Clerk’s Office Note: The comments of Mr. Ritter referenced by Mr. Ruane in his response are not the comments referenced in the Resolution previously adopted).
Responding, Mr. Ritter stated that during the interview of the second candidate, as members were moving from the Caucus Room to the Council Chambers, he overheard Mr. Ruane state to the candidate “if she wanted this job and wanted to get the favor of Council, she better stick to her 10 minutes”. Mr. Ritter stated that these were the exact words he heard him state.
Disagreeing, Mrs. Russell stated that although she did not want to get involved, she indicated that she had heard the comment made by Mr. Ruane and that he simply indicated that the candidate should keep her presentation to the 10 minutes allowed.
ANNEXATION/REZONING REQUEST/FIRST READING - 1040 SOUTH STATE STREET, OWNED BY 1040 PROPERTIES, LLC
A request was received for annexation and rezoning of property located at 1040 South State Street, owned by 1040 Properties, LLC. The property is currently zoned BG - General Business (Kent County) and the requested zoning is C1-A - Limited Commercial (City of Dover). Staff recommended that the request be referred to the Utility Committee on March 27, 2006, the Planning Commission on April 17, 2006, and that a public hearing be set for May 22, 2006 at 7:30 p.m. (City Clerk’s Office Note: The referendum will be set after consideration by the Utility Committee by presentation of a Resolution to City Council on April 10, 2006).
Mr. Carey moved for approval of staff's recommendation and to acknowledge the First Reading of the rezoning ordinance by title only. The motion was seconded by Mr. Sadusky 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 1040 SOUTH STATE STREET.
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of February 27, 2006.
Division 2 - Meetings, Section 2-51 - Regular Meetings - Requirement to Audio Tape Meetings
Mr. Ruane moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Sadusky and unanimously carried.
Mr. Hogan moved for adoption of the following ordinance, seconded by Mr. Salters and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR IN COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Division 2 - Meetings, Section 2-51 - Regular meetings, of the Dover Code be amended by creating a new paragraph (c), as follows:
DIVISION 2. MEETINGS
Sec. 2-51. Regular meetings.
(a) When and where held. Regular meetings of the mayor and city council shall be held on the second and fourth Monday of each month at the time and place designated by the council president.
(b) Notice. Notice to the council members of regular meetings shall not be required, except when the regular meetings are to be held at a place other than city hall.
(c) In order to ensure transcription accuracy, enhance accountability and deliver information efficiently to the public, all meetings of the Dover City Council and of any board, commission, task force or committee which is established by the City Charter or ordinance, or by motion or resolution of the City Council shall be audio taped and all such recordings shall be maintained in an unedited format. Audio recording shall be required when the necessary equipment is in good working order and knowledgeable staff is available to operate the recordation system.
ADOPTED: MARCH 13, 2006
COUNCIL MEMBERS COMMENTS
Mrs. Russell relayed appreciation for being given the opportunity to attend the National League of Cities Congressional Conference in Washington, D.C., where she has acquired a lot of information and is continuing to learn more. She also thanked members of Council that participated in a recent fund raising event and noted that its success has allowed the purchase of a wheelchair for a resident who is also a student at Delaware State University.
Noting that Council opens their meetings with a prayer (invocation), Mrs. Russell suggested that Council close their meeting with a prayer.
The benediction was given by Chaplain Dixon.
Mr. Hogan moved for adjournment, seconded by Mr. Russell and unanimously carried.
Meeting Adjourned at 9:01 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of March 13, 2006, are hereby approved.
STEPHEN R. SPEED
MAYOR
/JG
S:ClerksOfficeAgendas&MinutesCouncil-Minutes20058-22-2005 Council.wpd
Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Report on Petition to Rezone Property Located at 501 West Division Street
Exhibit #2 - Power Point Presentation - Status Report on Energy RFP’s
Exhibit #3 - Comments made by Mr. Ruane in Response to Remarks made at the February 27, 2006 Council Meeting