SPECIAL COUNCIL MEETING
A Special Council Meeting was held on December 30, 2003, at 5:27 p.m., with Council President McGlumphy presiding. Members of Council present were Mr. Carey, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. Ritter, Mr. Speed, and Mr. Ruane. Mr. Salters was absent.
Council staff members present were Mr. DePrima, Mr. Pepper, Mrs. Mitchell, Ms. Melson, Mrs. McDowell, and Mayor Hutchison.
Agenda Additions/Deletions
Mr. Speed moved for approval of the agenda, seconded by Mr. Truitt and unanimously carried.
Executive Session Action - Site Acquisition Authorization
Members of Council reviewed information during an executive session held immediately preceding this meeting regarding a real estate contract to purchase 19+/- acres on Donas Landing Road (CR #87) necessary for the construction of the 230KV tie station.
Mr. Ruane moved to authorize the City Manager to enter into the contract, dated December 23, 2003, between the City of Dover and Sandra L. Cartanza for the purchase of 19+/- acres on Donas Landing Road (Exhibit #1), with the understanding that the second sentence in item #4 (c) be revised by adding “not being used by the City of Dover” to the end of the sentence and that item #5 be revised to indicated that settlement will take place on January 7, 2004. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Salters absent).
ANNEXATION/REZONING REQUEST - PROPERTY LOCATED ON THE SOUTH SIDE OF CHESTNUT GROVE ROAD, WEST OF KENTON ROAD CONTAINING 50.8+/- ACRES, OWNED BY CHESTNUT GROVE FARM, L.P.
A request was received for annexation and rezoning of property located at on the South side of Chestnut Grove Road, west of Kenton Road, owned by Chestnut Grove Farm, L.P. Staff recommended that the request be referred to the Utility Committee on January 27, 2004, that an annexation referendum be set for January 29, 2004 and that a public hearing be set for February 9, 2004 at 7:30 p.m.
Mrs. Williams moved for approval of staff's recommendation. The motion was seconded by Mr. Carey and Council, by a unanimous roll call vote (Mr. Salters absent), 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 on the south side of Chestnut Grove Road, west of Kenton 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 on the south side of Chestnut Grove Road, west of Kenton Road situated in East Dover Hundred, Kent County, State of Delaware.
2. That the election be held on the 29th day of January, 2004 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: DECEMBER 30, 2004
Mr. Ruane expressed concern with holding a First Reading for the rezoning of property that has not yet been annexed into the City. He asked why the First Reading was significant. Mr. Pepper, Deputy City Solicitor, responded that the First Reading give the owner some assurance as to how the property would be treated if it were annexed. He also noted that it would otherwise be annexed under the R-1 zone.
Mr. Ruane noted that several neighboring residents had expressed concerns with the potential increase in traffic. Ms. Melson stated that the Planning Commission advised the applicant that they would have to conduct a traffic impact study prior to their consideration of site development for the property.
By motion of Mr. Speed, seconded by Mr. Pitts, Council, by a roll call vote of seven (7) yes and one (1) no (Mr. Ruane) (Mr. Salters absent), Council acknowledged the First Reading of the following ordinance, by title only:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE SOUTH SIDE OF CHESTNUT GROVE ROAD, WEST OF KENTON ROAD
Mr. Carey moved for adjournment, seconded by Mr. Speed and unanimously carried.
Meeting Adjourned at 5:56 P.M.
TRACI A. McDOWELL
ASSISTANT CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Special Council Meeting of December 30, 2003, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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