REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 22, 2005 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, and Mr. Ruane. Mr. Pitts and Mr. Salters were absent.
Council staff members present were Police Chief Horvath, Ms. Russell, Mr. Galvin, 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.
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. Sadusky and unanimously carried.
Mr. Ritter requested that item #7D - City Manager’s Report, be removed from the Consent Agenda.
Mr. Carey moved for approval of the Consent Agenda, as amended, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Pitts and Mr. Salters absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 8, 2005
The Minutes of the Regular Council Meeting of August 8, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Sadusky and bore the written approval of Mayor Speed.
Presentation - Douglas VanSant - Dover Parking Authority (6/2000 - 7/2005)
On behalf of the City of Dover, Mayor Speed presented Mr. Douglas VanSant with a Dover Cup in appreciation for his service on the Dover Parking Authority from June 2000 through July 2005.
Mr. VanSant thanked the Mayor and Council for the recognition, indicating that he has enjoyed serving his community. However, he had hoped for certain accomplishments such as a parking garage, for the Authority to be fiscally sound, and resolution of the Wesley College parking situation. Mr. VanSant thanked City staff, as well as previous and current members of the Dover Parking Authority, for their hard work and dedication.
Annexation/Rezoning Public Hearing/Final Reading - Property Located on the northwest corner of Kenton Road and Fox Hall Drive and on the south side of Fox Hall Drive adjacent to Kenton Road (Three parcels owned by Clifton A. and Marie F. Hutton)
An annexation referendum was held on August 11, 2005 for properties located on the northwest corner of Kenton Road and Fox Hall Drive and on the south side of Fox Hall Drive adjacent to Kenton Road, consisting of three (3) parcels which contain 4.39+/- acres, owned by Clifton A. and Marie F. Hutton.
Referendum Results
The City Clerk reported that the referendum was held on August 11, 2005 and that two (2) votes were cast in favor of the annexation, with no votes cast against annexation.
Mr. Carey moved to accept the referendum results, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Pitts and Mr. Salters absent).
Annexation
By motion of Mr. Carey seconded by Mr. Sadusky Council adopted the following Resolution by a unanimous roll call vote (Mr. Pitts and Mr. Salters absent):
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
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 contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
PARCEL #1 - ED-00-067.17-01-06.00-000
ALL that certain lot, piece, or parcel of land situated in a subdivision known as ESTHER AND MORRIS ZURKOW, East Dover Hundred, Kent County, Delaware, being the major portion of lot(s) #40 through #46, inclusive, which said lot(s) are as shown in their entirety on a plan recorded in plot book #5 page #42, the lot herein described being more recently shown on a plan of ELLIOTT SURVEYING dated 6/25/04, said Elliott Surveying plan being an integral part hereof, said lot lying at the Northwesterly corner of the intersection of County Road #104, Kenton Road (60 feet wide), and Fox Hall Drive (50 feet wide), and being bounded as follows: on the North by lands now or late of Charles R. Cherry, being lot #2 of a subdivision known as “Lands of Clute Bros” as recorded in plot book #2, page #31, on the East by Road #104, on the South by Fox Hall Drive, and on the West by the residue of the said lot(s) #40 through #46, inclusive, being lands now or late of Harold R. and Mary Lou Campbell; being more particularly described as follows:
BEGINNING at the above noted intersection, said point also being the point of commencement; thence proceeding from the said point of beginning, with the Northerly side of Fox Hall Drive, South 67 deg. 05 min. 00 sec. West 181.88 feet to a found iron pipe, a corner for lands of the said Campbell, thence with the same the following two (2) courses and distances: (1) North 39 deg. 21 min. 00 sec. West 208.52 feet, thence, (2) North 48 deg. 33 min. 20 sec. West 130.35 feet, measured in part with the below noted proposed street, to a point in line of lands of the said Cherry, said point being located South 48 deg. 33 min. 20 sec. East 0.52 feet from a found iron pipe, thence with line of lands of the said Cherry, along the Northerly side of a proposed Street (60 feet wide), which said proposed Street is as depicted on the above noted “Clute Bros” record plan, North 50 deg. 52 min. 36 sec. East 172.72 feet to a point on the Westerly side of Road #104, thence with the same, along the Easterly side of a 4.448 foot wide permanent easement of the Department of Transportation of the State of Delaware, by the arc of a circle curving to the right (R = 1,607.008 feet) a distance of 389.57 feet (delta = 13 deg. 53 min. 23 sec.) to a point, the point of beginning. Containing within said metes and bounds 1.4521 acres of land, more or less.
PARCEL #2 - ED-00-076.06-01-02.00-000
ALL that certain lot, piece or parcel of land with the improvements thereon erected, situated in East Dover Hundred, Kent County, State of Delaware, lying at the southwest intersection of Fox Hall Drive and County Road #104 which leads from Dover to Kenton, being bounded on the north by Fox Hall Drive, on the east by County Road #104, on the south by lands of Carl B. Henrichson and by lands of Dover Country Club and on the west by other lands now or formerly of Morris L. Zurkow and being more particularly described as follows, to-wit:
Beginning at the intersection of the south line of Fox Hall Drive with the west line of County Road #104; thence running with the west line of County Road #104 in a southerly direction with a curve to the right, the chord of which bears South twenty-eight (28) degrees fifty-seven (57) minutes East two hundred sixty-two and seventeen one-hundredths (262.17) feet to a point in the west line of County Road #104 at a corner for this lot and for lands of Henrichson; thence running with lands of Henrichson on the two following courses: (1) South sixty-nine (69) degrees six (6) minutes West two hundred (200) feet; thence (2) South twenty-two (22) degrees five (5) minutes East one hundred (100) feet to a corner for this lot and for lands of Henrichson in line of lands of Dover Country Club; thence running with lands of Dover Country Club South sixty-nine (69) degrees six (6) minutes West fifty-six and forty-three one-hundredths (56.43) feet to a point in line of lands of Dover Country Club at a corner for this lot and for other lands now or formerly of Morris L. Zurkow; thence running with other lands now or formerly of said Zurkow North twenty-two (22) degrees fifty-two (52) minutes West three hundred fifty-one and sixty-eight one-hundredths (351.68) feet to a corner for this lot and for other lands now or formerly of said Zurkow in the south line of Fox Hall Drive; thence running with the south line of Fox Hall Drive North sixty-seven (67) degrees five (5) minutes East two hundred twenty-nine and eighty-five one-hundredths (229.85) feet to the place of beginning and containing one and fifty-six one-hundredths (1.56) acre of land, be the same more or less;
Together with the free and uninterrupted use in common with others of a fifty (50) foot roadway running eastward to State Route #104 separating this parcel from lands of Marvin Berman and others and more particularly described on the east by the Cheeseman lands as recorded in Plot Book 4, Page 7.
SUBJECT to the existing restrictions of record.
PARCEL #3 - ED-00-076.06.01-01.00-000
ALL that certain lot, piece or parcel of land with the improvements thereon erected, situated in East Dover Hundred, Kent County, State of Delaware, lying on the south side of Fox Hall Drive, a short distance west of County Road #104 which leads from Delaware Route #8 toward Kenton, being bounded on the north by Fox Hall Drive, on the east by lands now or formerly of Frederick J. Seufert, lands now or formerly of Morris L. Zurkow, on the south by lands nor or formerly of Dover Country Club and on the west by lands now or formerly of Robert J. Zurkow, et ux, and being more particularly described as follows, to-wit:
BEGINNING at a point in the south line of Fox Hall Drive at a corner for this parcel and for lands of aforeseaid Seufert, said point of beginning being South sixty-seven (67) degrees five (5) minutes West of and two hundred twenty-nine and eighty-five one-hundredths (229.85) feet from the intersection of the south line of Fox Hall Drive with the west line of County Road #104; thence running from said point of beginning with lands of aforesaid Seufert South twenty-two (22) degrees fifty-two (52) minutes East three Hundred fifty-one and sixty-eight one-hundredths (351.68) feet to a corner for this parcel and for lands of aforesaid Seufert in line of Dover Country Club; thence running with lands of Dover Country Club South sixty-nine degrees six (6) minutes West one hundred sixty and fifty-seven one-hundredths (160.57) feet to a point in line of lands of Dover Country Club at a corner for this parcel and for other lands of aforesaid Zurkow; thence running with other lands of aforesaid Zurkow north twenty-six (26) degrees twenty-five (25) minutes West three hundred thirty-six (336) feet to a corner for this parcel and for other lands of aforesaid Zurkow in the south line of Fox Hall Drive; thence running with the south line of Fox Hall Drive on the following two courses: (1) in an easterly direction with a five hundred seventy-three and seven tenths (573.7) feet radius curve to the right, and arc distance of one hundred ten (110) feet; thence (2) North sixty-seven (67) degrees five (5) minutes East seventy and fifteen one-hundredths (70.15) feet to the place of beginning and containing one and thirty-four one-hundredths (1.34) acre of land, be the same more or less.
AND BEING the same lands and premises conveyed unto Robert J. Zurkow and Frances Zurkow, his wife, by deed of Morris L. Zurkow, widower, dated January 3, 1972, and of record in the office of the Recorder of Deeds in and for Kent County, Delaware, in Deed book O, Vol. 27, page 5.
The aforesaid Robert J. Zurkow having since departed this life, leaving to survive him, his wife, Frances Zurkow, who thereupon became seized of the above-described lands and premises, in fee.
2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 23rd day of August, 2005 at 12:01 a.m. o'clock.
ADOPTED: AUGUST 22, 2005
Public Hearing - Zoning Classification
Mr. James Galvin, City Planner, reviewed the Petition to Annex and Zone property, the Cost/Revenue Analysis, and the Plan of Services Report (Exhibit #1). The Planning Commission recommended a zoning classification of RM-1 (Medium Density Residence).
Council President Williams declared the public hearing open.
There being no one present wishing to speak, Council President Williams declared the public hearing closed.
Mr. Carey moved that the property be zoned RM-1 (Medium Density Residence), as recommended by the Planning Commission. The motion was seconded by Mr. Sadusky and by a unanimous roll call vote (Mr. Pitts and Mr. Salters absent), Council adopted the following ordinance (the First Reading of the proposed ordinance was accomplished during the Council Meeting of July 11, 2005):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE NORTHWEST CORNER OF KENTON ROAD AND FOX HALL DRIVE AND ON THE SOUTH SIDE OF FOX HALL DRIVE ADJACENT TO KENTON 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 RS-1 - Single Family Residential (Kent County Zoning Classification) to RM-1 (Medium Density Residence) (City of Dover Zoning Classification)
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 has been amended by changing the zoning designation from RS-1 (Kent County zoning classification) to RM-1 (Medium Density Residence) (City of Dover Zoning Classification) on that property located on the northwest corner of Kenton Road and Fox Hall Drive and on the south side of Fox Hall Drive adjacent to Kenton Road, owned by Clifton and Marie Hutton.
ADOPTED: AUGUST 22, 2005
Annexation/Rezoning Public Hearing/Final Reading - Property Located at 80 Nixon Lane (owned by Traci A. McDowell and Craig L. Gahm)
An annexation referendum was held on August 11, 20054 for property located at 80 Nixon Lane, owned by Traci A. McDowell and Craig L. Gahm.
Referendum Results
The City Clerk reported that the referendum was held on August 11, 2005 and that two (2) votes were cast in favor of the annexation, with no votes cast against annexation.
Mr. Hogan moved to accept the referendum results, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
Annexation
By motion of Mr. Carey seconded by Mr. Hogan, Council adopted the following Resolution by a unanimous roll call vote (Mr. Pitts and Mr. Salters absent):
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
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 contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
All that certain lot, piece or parcel of land with the improvements erected thereon, situated in East Dover Hundred, Kent County and State of Delaware, lying on the west side of Nixon Lane and on the east side of Girl Scout Lane (Unopened), a short distance north of North Little Creek Road; being bounded on the east by Nixon Lane; on the south by lands now or late of John T. Taylor; on the west by Girl Scout Lane (Unopened); on the north by lands now or late of Glendon & Elaine D. McDowell and being more particularly described in accordance with a recent survey by Earl D. Smith, Inc., Professional Land Surveyors dated April 18, 2001 as follows to wit:
Beginning at a set pipe in the west line of Nixon Lane at a corner for this lot and lands now or late of John T. Taylor; said point of beginning commencing from the intersection of the north right of way line of North Little Creek Road with the west line of Nixon Lane, running in a northwesterly direction with the west line of Nixon Lane a distance of 575.00 feet more or less to the point of beginning; thence running from said point of beginning with lands now or late of John T. Taylor, South 81 deg. 35 min. 00 sec. West 175.00 feet to a set pipe at a corner for this lot and lands now or late of Taylor in the east line of Girl Scout Lane (Unopened); thence running with the east line of Girl Scout Lane (Unopened), North 08 deg. 25 min. 00 sec. West 250.00 feet to a set pipe in the east line of Girl Scout Lane (Unopened) at a corner for this lot and lands now or late of Glendon & Elaine D. McDowell; thence running with said lands now or late of McDowell, North 81 deg. 35 min. 00 sec. East 175.00 feet to a set pipe at a corner for this lot and lands now or late of McDowell in the west line of Nixon Lane; thence running with the west line of Nixon Lane, South 08 deg. 25 min. 00 sec. East 250.00 feet to the point and place of beginning and containing 1.0044 acres of land be the same, more or less. Tax Parcel: ED-00-068.19-01-10.00-000
2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 23rd day of August, 2005 at 12:01 a.m. o'clock.
ADOPTED: AUGUST 22, 2005
Public Hearing - Zoning Classification
Mr. James Galvin, City Planner, reviewed the Petition to Annex and Zone property, the Cost/Revenue Analysis, and the Plan of Services Report (Exhibit #2). The Planning Commission recommended a zoning classification of R-8 (One Family Residence).
Council President Williams declared the public hearing open.
There being no one present wishing to speak, Council President Williams declared the public hearing closed.
Mr. Carey moved that the property be zoned R-8 (One Family Residence), as recommended by the Planning Commission. The motion was seconded by Mr. Sadusky and by a unanimous roll call vote (Mr. Pitts and Mr. Salters absent), Council adopted the following ordinance (the First Reading of the proposed ordinance was accomplished during the Council Meeting of July 11, 2005):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 80 NIXON LANE
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 RS-1 - Single Family Residential (Kent County Zoning Classification) to R-8 - One Family Residential (City of Dover Zoning Classification)
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 has been amended by changing the zoning designation from RS-1 - Single Family Residential (Kent County Zoning Classification) to R-8 - One Family Residential (City of Dover Zoning Classification) on that property located at 80 Nixon Lane, owned by Traci A. McDowell and Craig L. Gahm.
ADOPTED: AUGUST 22, 2005
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - AUGUST 8, 2005
The Legislative, Finance, and Administration Committee met on August 8, 2005 with Councilman Slavin presiding.
Council Training - Voting System
During the previous fiscal year, Council approved a Voting System/Meeting Management Project which authorized the purchase of an electronic voting system and speaker time display for Council meetings. It was noted that, in addition to City Council, the system could be utilized by the various committees and commission of the City as well. The current manner for voting by City Council is very antiquated and does not provide fairness for voting members, particularly those voting first and last. By having all members voting simultaneously and then displaying the results for view by all at the same time, it provides fairness to all members of City Council.
Mrs. Green, City Clerk, advised members that the City has purchased the TyBreaker from Tybrin Corporation and that the system includes nine wireless voting stations (keypads), a clerk’s station, a vote display, and a request-to-speak system. The Council Chambers now has two (2) flat screen panels to display the vote results for members, as well as the audience. She also indicated that Tybrin Corporation is in the process of developing an improved “request-to-speak” system; however, she suggested that use of the request-to-speak portion of the system be delayed until members become accustomed to the voting portion of the system.
Members conducted a few practice sessions utilizing the new voting system and as a result, changes were made to the default voting requirements (i.e. defining majority vote, etc.).
Revenue Forecasting
Mr. Slavin explained that after going through two (2) complete budget cycles, it was his feeling that there are opportunities for improving forecasting for revenues. He suggested that staff provide members of Council with Revenue Forecast Reports and that they be submitted on a quarterly basis. He suggested that the reports be reviewed by members during the first Council Meetings of the months of October, January, April, May, and June. For the first three meetings, the reports would contain information on the previous quarter and then be reviewed on a monthly basis just prior to and during the budget review.
Mr. Slavin relayed his opinion that the reports would be presented directly to Council. This would provide members the opportunity to give staff direction for developing the next year’s revenue projections.
After much discussion, members requested that staff develop a mocked up report based on the committee discussions, utilizing real time figures, to be presented to the committee at their next meeting. Mr. Ruane suggested that staff include footnotes giving explanations for any increases or decreases for further clarification. Although he originally intended the report to include those revenues for the General Fund, based on the committee comments, Mr. Slavin stated that staff should develop such a report for Electric and Water/Wastewater as well.
There was no further action taken by Council.
By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Sadusky and unanimously carried.
UTILITY COMMITTEE REPORT - AUGUST 22, 2005
The Utility Committee met on August 22, 2005 with Chairman Carey presiding.
Annexation Request - Lands of Mary Francis O’Connor - 174 Mifflin Road
During the committee meeting held earlier this evening, members considered a request for annexation of property located at 174 Mifflin Road, owned by Mary Francis O’Connor, with a zoning classification of R-8 (One Family Residential). The Department of Public Works has determined that the City does have the ability to provide utilities sufficient for the proposed uses.
The committee recommended that the City move forward with the consideration of the annexation request for property located at 174 Mifflin Road.
Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and by a unanimous roll call vote (Mr. Pitts and Mr. Salters 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 an area located at 174 Mifflin Road, 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 at 174 Mifflin Road situated in East Dover Hundred, Kent County, State of Delaware.
2. That the election be held on the 13th day of October, 2005 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: AUGUST 22, 2005
Annexation Request - Lands of Dover International Speedway, Inc. - West of SR 1 and Adjacent to Old Leipsic Road and Leipsic Road and North of Finish Line Drive
During the committee meeting held earlier this evening, members considered a request for annexation of properties located west of SR 1 and adjacent to Old Leipsic Road and Leipsic Road and north of Finish Line Drive, consisting of 17 parcels totaling 11.08+/- acres, owned by Dover International Speedway, Inc., with a zoning classification of RC (Recreation Commercial). The Department of Public Works has determined that the City does have the ability to provide utilities sufficient for the proposed uses.
The committee recommended that the City move forward with the consideration of the annexation request for properties located west of SR 1 and adjacent to Old Leipsic Road and Leipsic Road and north of Finish Line Drive, consisting of 17 parcels totaling 11.08+/- acres.
Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and by a unanimous roll call vote (Mr. Pitts and Mr. Salters 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 an area located west of State Route 1 and adjacent to Old Leipsic Road and Leipsic Road and north of Finish Line Drive, consisting of seventeen (17) parcels totaling 11.08+/- 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 west of State Route 1 and adjacent to Old Leipsic Road and Leipsic Road and north of Finish Line Drive, consisting of seventeen (17) parcels totaling 11.08+/- acres, in East Dover Hundred and Little Creek Hundred, Kent County, State of Delaware.
2. That the election be held on the 13th day of October, 2005 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: AUGUST 22, 2005
Mr. Hogan moved for acceptance of the Utility Committee Report, seconded by Mr. Sadusky and unanimously carried.
MONTHLY REPORTS - JULY 2005
By motion of Mr. Carey, seconded by Mr. Sadusky, the following monthly reports were accepted by consent agenda:
Budget Report
Chief of Police Report
City Clerk/Alderman Report (Fines)
Mayor's Report
Planning and Inspections Report
Referring to the City Manager’s Report, Mr. Ritter commended staff for the inclusion of the Water Production/Bill Consumption/Flow to Kent County graph (as depicted on page 14). It was his feeling that the graph provides a better understanding of the City’s water production and uses.
Referring to the CIP Project Updates throughout the City Manager’s Report, Mr. Ritter requested that the project numbers, as provided in the Budget Report, also be listed. This would provide easy correlation of projects for reviewing budget balances, as provided in the Budget Report, and the percentage of work completed, as provided in the City Manager’s Report.
Mr. Ritter moved for acceptance of the City Manager’s Report, seconded by Mr. Slavin and unanimously carried.
EVALUATION OF BIDS - SCADA REMOTE TERMINAL UNITS (RTUs)
Members reviewed a request for the purchase of three (3) SCADA Remote Terminal Units (RTUs) for the Warehouse Substation, Parkland/VanSant Substation, and St. Jones Substation. Although there are only two (2) RTUs reflected in the CIP, due to a cost reduction/savings, staff would be able to purchase three (3) RTUs under the original amount budgeted. Members were advised the RTUs provide information from field locations back to the Electric Department’s SCADA System. If these input devices fail, there is a loss of information, which causes a loss of control of the system. Outages, property loss, and loss of life could result due to the loss of the input from a failed RTU. The proposed RTUs will replace old ones that are no longer supported by the manufacturers and spare parts are no longer being manufactured. As these units fail, it has become extremely expensive to have parts custom-made.
Staff recommended issuing a purchase order to the sole vendor, Siemens Power Transmission and Distribution, Inc., in the amount of $26,680 for the purchase of three (3) RTUs (Warehouse Substation - $7,662; Parkland/VanSant Substation - $7,662; and St. Jones Substation - $11,356).
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Pitts and Mr. Salters absent).
EVALUATION OF BIDS - TAX ASSESSMENT CONTRACTUAL SERVICES
Due to the retirement of the City Tax Assessor, it is necessary to obtain contractual services for general assessment services during the period that the City is recruiting and hiring a full-time City Assessor. Mr. DePrima, City Manager, explained that general assessment and appraisal services includes: data collection; photography; mapping; sales verification; building permit (new construction/demolition) inspections; appraisal; field value review; quality control/assurance; database analysis/statistics/reporting; public/client meetings; and office management activities.
Mr. DePrima indicated that due to the short-term nature of the contract and for continuity of service, this would be a sole vendor contract for Tyler Technologies, who was awarded the last contract and has been assisting the City to date under the 2004 contract. Since this was not a budgeted expense, he stated that it would be necessary to transfer funds for this expense from the salary and benefit savings due to the retirement of the Tax Assessor.
Staff recommended authorizing the City Manager to sign the contract with Tyler Technologies’ Assessment & Tax Division for General Assessment/Appraisal Services at a rate of $700 per diem, and additional assessment services at the rates set forth (as on file in the Office of the City Clerk), and authorizing the City Manager to transfer money from salary lines in the Tax Assessor’s budget to Contractual Services.
Mr. Ruane moved to authorize the City Manager to enter into a contract with Tyler Technologies for General Assessment/Appraisal Services as recommended by staff. The motion was seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Pitts and Mr. Salters absent).
APPOINTMENT BY MAYOR SPEED - DOVER HUMAN RELATIONS COMMISSION - DAVID L. ANDERSON
Mayor Speed recommended the appointment of David L. Anderson to serve on the Dover Human Relations Commission for a term to expire February 2007, to fill the unexpired term of Michael Malkiewicz.
By consent agenda, Mr. Carey moved for approval of the appointment of Mr. Anderson, as recommended by Mayor Speed. The motion was seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Pitts and Mr. Salters absent).
APPOINTMENT BY MAYOR SPEED - PLANNING COMMISSION THIRD (3rd) DISTRICT REPRESENTATIVE - JOHN H. BALLDWIN, SR.
Mayor Speed recommended the appointment of Mr. John H. Balldwin, Sr. to serve on the Planning Commission as the Third (3rd) District Representative for a term to expire June 2007, to fill the unexpired term of Mr. Frances Winsley.
By consent agenda, Mr. Carey moved for approval of the appointment of Mr. Balldwin, as recommended by Mayor Speed. The motion was seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Pitts and Mr. Salters absent).
ANNEXATION/REZONING REQUEST/FIRST READING - 174 MIFFLIN ROAD, OWNED BY MARY FRANCIS O’CONNOR
A request was received for annexation and rezoning of property located at 174 Mifflin Road, owned by Mary Francis O’Connor. The property is currently zoned RS-1 - Single Family Residential (Kent County) and the requested zoning is R-8 - One Family Residential (City of Dover). Staff recommended that the request be referred to the Planning Commission and that a public hearing be set for October 24, 2005 at 7:30 p.m.. City Clerk’s Office Note: The referendum was set earlier in the meeting resulting from the Utility Committee’s recommendation.
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 1-6 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 174 MIFFLIN ROAD.
ANNEXATION/REZONING REQUEST/FIRST READING - PROPERTIES LOCATED WEST OF STATE ROUTE 1 AND ADJACENT TO OLD LEIPSIC ROAD AND LEIPSIC ROAD AND NORTH OF FINISH LINE DRIVE, CONSISTING OF 17 PARCELS TOTALING 11.08+/- ACRES, OWNED BY DOVER INTERNATIONAL SPEEDWAY, INC.
A request was received for annexation and rezoning of properties located west of State Route 1 and adjacent to Old Leipsic Road and Leipsic Road and north of Finish Line Drive, consisting of 17 parcels totaling 11.08+/- acres, owned by Dover International Speedway, Inc. The property is currently zoned AR - Agricultural Residential (Kent County) and the requested zoning is RC - Recreation Commercial (City of Dover). Staff recommended that the request be referred to the Planning Commission and that a public hearing be set for October 24, 2005 at 7:30 p.m.. City Clerk’s Office Note: The referendum was set earlier in the meeting resulting from the Utility Committee’s recommendation.
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 1-6 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 WEST OF STATE ROUTE 1 AND ADJACENT TO OLD LEIPSIC ROAD AND LEIPSIC ROAD AND NORTH OF FINISH LINE DRIVE, CONSISTING OF 17 PARCELS TOTALING 11.08+/- ACRES
REZONING REQUEST/FIRST READING - 700-708 FOREST STREET AND 12-16 LINCOLN STREET, OWNED BY FRANK R. MOORE, PAUL T. MOORE, PAUL T. MOORE, JR., PAUL T. MOORE TRUSTEE, AND AIKO MOORE TRUSTEE
A request was received to rezone properties located at 700-708 Forest Street and 12-16 Lincoln Street, owned by Frank R. Moore, Paul T. Moore, Paul T. Moore, Jr., Paul T. Moore Trustee, and Aiko Moore Trustee. The property is currently zoned IO (Institutional and Office) and the requested zoning is C-3 (Service Commercial).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Slavin, seconded by Mr. Carey, Council unanimously referred the request to the Planning Commission and set a public hearing for October 10, 2005 at 7:30 p.m.
In accordance with Section 1-6 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 AT 700-708 FOREST STREET AND 12-16 LINCOLN STREET.
Council Members Comments
Council President Williams reminded members that during the last meeting, Mr. Ritter had questioned if there was a conflict with Mr. Leary serving as Chair of the 2005 Charter review Committee since he currently serves as the Chairman of the Election Board. Some members indicated that they thought Mr. Leary was intending to resign from the Election Board. She reported that Mr. Leary does not plan to resign from his current term on the Election Board, which will expire May 2006, and after talking with our Deputy City Solicitor, she assured members that there is no conflict of interest for Mr. Leary serving on both the Election Board and the 2005 Charter Review Committee.<