REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 22, 2002 at 7:30 p.m. with Council President Carey presiding. Council members present were Mr. Ritter, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. Speed, Mr. Salters, and Mr. Ruane. Mayor Hutchison and Mr. McGlumphy were absent.
Council staff members present were Chief Horvath, Mr. Cooper, Mr. DePrima, Mrs. Mitchell, Mr. Petit de Mange, Mrs. Green, and City Solicitor Rodriguez.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Carey 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. Speed moved for approval of the agenda, seconded by Mr. Salters and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 8, 2002
The Minutes of the Regular Council Meeting of July 8, 2002 were unanimously approved by motion of Mr. Speed, seconded by Mr. Salters and bore the written approval of Mayor Hutchison.
PROPERTY ASSESSMENT APPEALS REPORT/PUBLIC HEARINGS
The Assessment Appeals Committee met on June 6, 2002. Members present were Councilmen Carey (Chairman), Salters, and Speed. Mr. Ruane was also present. Formal property assessment appeals were reviewed, as follows:
Value Appealed
United Fellowship World Ministries Appraised Assessed
139-143 S. Governors Avenue $243,800 $146,300
Eighty percent (80%) of this property is currently being used as a Church with the remaining 20% being used for business. It was the City Solicitor’s opinion that since the business located in the Church is for profit and the business owners are related to the clergy, exempt status should be granted only to the part of the property that is solely used by the Church.
The committee recommended approval of the request for tax exemption for the portion of the property that is used solely by the Church (80%) located at 139-143 S. Governors Avenue, with the remaining 20% of the property being taxed accordingly.
Council President Carey declared the public hearing open. There being no one present wishing to speak, the public hearing was closed.
Mr. Speed moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. McGlumphy absent).
Value Appealed
Solid Rock Baptist Church Appraised Assessed
107 N. West Street $54,200 $32,500
The committee recommended approval of the request for tax exemption for property located at 107 N. West Street pending receipt of documentation of the Church's federal exempt status.
Council President Carey declared the public hearing open. There being no one present wishing to speak, the public hearing was closed.
Mr. Speed moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. McGlumphy absent).
Value Appealed
House of Pride Appraised Assessed
102 S. New Street $48,333 $29,000
37 S. New Street 41,333 24,800
38 S. New Street 34,833 20,900
45 S. New Street 54,167 32,500
16 N. New Street 35,667 21,400
55-57 S. New Street 39,500 23,700
105 S. New Street 50,667 30,400
106 S. New Street 35,333 21,200
29 S. New Street 48,667 29,200
The committee recommended approval of the House of Pride’s request for tax exemption for the nine (9) properties listed above.
Council President Carey declared the public hearing open. There being no one present wishing to speak, the public hearing was closed.
Mr. Speed moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. McGlumphy absent).
Value Appealed
People’s Place II Appraised Assessed
165 Commerce Way $450,000 $270,000
The committee recommended approval of the request for tax exemption for property located at 165 Commerce Way.
Council President Carey declared the public hearing open. There being no one present wishing to speak, the public hearing was closed.
Mr. Speed moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. McGlumphy absent).
Mr. Speed moved for acceptance of the Property Assessment Appeals Report, seconded by Mr. Salters and unanimously carried.
ANNEXATION/REZONING - 1100 FOREST AVENUE - OWNED BY SHIRLEY M. MOORE (CARDIOLOGY CONSULTANTS, P.A., EQUITABLE OWNER)
An annexation referendum was held on July 12, 2002 for property located at 1100 Forest Avenue, owned by Shirley M. Moore. The equitable owner is Cardiology Consultants, P.A.
Referendum Results
The City Clerk reported that the referendum was held with one (1) eligible voter. One (1) vote was cast in favor of the annexation, with no votes cast against annexation.
Mr. Salters moved to accept the referendum results, seconded by Mr. Speed and unanimously carried.
Annexation
By motion of Mr. Ruane, seconded by Mr. Speed, Council adopted the following Resolution by a unanimous roll call vote (Mr. McGlumphy 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, parcel or piece of land situated in East Dover Hundred, Kent County, State of Delaware, lying on the southerly side of Delaware Route #8 (80' wide right-of-way), said parcel being bounded on the East in part by lands now or formerly of John Welgan, and in part by lands now or formerly of Leonard and Catherine Moore and on the South by “Enterprise Business Park Subdivision” (recorded among the land records of Kent County, Delaware in Plat Book 48, Page 73), on the West by lands now or formerly of Ennis Business Associates, L.L.C., a Delaware Corporation, and on the North by the aforementioned Delaware Route #8 (80' wide right-of-way) and being all of lots 7, 8, 9, 10, 20, and 21 as shown on a plot entitled “Country Club Estates Subdivision” recorded among the land records of Kent County, Delaware in Deed Book L, Volume 13, Page 409 and is more specifically described below to wit:
BEGINNING at an iron pipe found in the southern right-of-way of Delaware Route #8, said pipe being located approximately 941 feet from the intersection of the southern right-of-way of Route 8 and the western right-of-way of Saulsbury Road. Thence from said point of beginning and leaving the southern right-of-way of Route 8 and running with the land now or formerly of John Wegan 1) South 9∘ 45' 00" West, a distance of 194.99 feet to an iron pipe, said iron pipe being in the northerly right-of-way for a 15' wide alley, a portion of which is to be expunged; thence leaving said iron pipe and proceeding across the above referenced 15' alley (of unknown ownership) 2) South 8∘ 59' 24" West, a distance of 15.04 feet to an iron pipe, said iron pipe being in the southerly right-of-way of the above referenced 15' alley; thence leaving said iron pipe and running with lands now or formerly of Leonard and Catherine Moore. 3) South 09∘ 43' 16" West, a distance of 781.77 feet to a capped rebar, said capped rebar being in the northerly property line of the “Enterprise Business Park Subdivision”; thence turning and running with Enterprise Business Park 4) North 84∘ 28' 58" West, a distance of 200.93 feet to a point; thence turning and running with lands now or formally Ennis Business Associates, L.L.C. 5) North 09∘ 44' 58" East, a distance of 786.26 feet to a pinched iron pipe, said iron pipe being in the southerly right-of-way of the aforementioned 15' alley; thence leaving said pinched iron pipe and proceeding across said 15' alley 6) North 09∘ 46' 45" East, a distance of 15.05 feet to a point, said point being located in the northerly right-of-way of the aforementioned 15' alley; thence leaving said point and continuing with lands of Ennis Business Associates 7) North 09∘ 45' 00" East, a distance of 194.96 feet to a point in the southerly right-of-way of Delaware Route 8; thence turning from said point and running with the southern right-of-way of Delaware Route 8 and along a curve deflecting to the left and having a radius of 2,900.10 feet, the chord of which bears 8) South 83∘ 13' 03" East, and a chord distance of 15.54 feet to a point; thence continuing with the southern right-of-way of Delaware Route 8 9) South 83∘ 13' 03" East, a distance of 184.52 feet to an iron pipe and the point and place of beginning, containing 4.57 acres of land, be the same, more or less.
2. The above described property shall be annexed into the City of Dover with a zoning classification of C-PO (Commercial/Professional Office) 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 July, 2002 at 12:01 a.m.
ADOPTED: JULY 22, 2002
Public Hearing - Zoning Classification
The City Planner, Mr. Mike Petit de Mange, explained that the property consists of 4.57 +/- acres zoned RS-1 (Single Family Residential) under the jurisdiction of Kent County and is located on the southerly side of Delaware Route 8, approximately 900 +/- feet west of Saulsbury Road. This property is currently occupied by a single-family dwelling.
The applicants contemplate construction of two (2) professional office buildings on this site. One building would be for the exclusive use and occupancy by Cardiology Consultants, and the other building would provide office lease space.
The Planning Commission recommended that the zoning classification of this property be approved as C-PO (Commercial/ Professional Office) upon annexation. In making their recommendation, members considered the following:
Surrounding Land Uses: The subject property is an older residential property that was settled at a time when Delaware Route 8 was a two (2) lane roadway, predominantly rural in character with scattered single family home sites and surrounded by lands in active agriculture. The surrounding landscape has changed considerably since this parcel was created.
To the east, the landscape is predominantly commercial in character with the presence of Gateway West Shopping Center at the southwesterly corner of the intersection of Delaware Route 8 and Saulsbury Road which is zoned SC-2 (Community Shopping Center) in the City limits. Between the subject property and Gateway West Shopping Center are lands under the jurisdiction of Kent County government which are zoned B-N (Neighborhood Business) which are occupied by a dry cleaning outlet and travel agency. Immediately adjoining the subject property on the eastside is a parcel zoned RS-1.
To the south, lands in the City of Dover bound the site, which are zoned IPM (Industrial Park Manufacturing) and which comprise the Enterprise Business Park Complex.
Immediately to the west are lands in the City limits which are zoned R-8 (One Family Residence) which are similar to the subject property in terms of parcel configuration and single family residential use. Further west are lands zoned RG-2 (General Residence) which comprise the single-family residential development of Woodmill. Also to the west along the frontage of Delaware Route 8 are lands zoned C-2A (Limited Central Commercial) and C-PO which is the location of the recently completed Arby’s Restaurant and associated office complex.
To the north across Delaware Route 8 are lands zoned I-O (Institutional & Office) which is the location of the Modern Maturity Center and Dover Elks Lodge.
Comprehensive Plan: The City of Dover Comprehensive Plan recommends that this area be utilized for Medium Density Residential Development.
During the 1995 Comprehensive Plan Community Workshop for this area, attendees responded to a series of inquiries pertaining to the desirability of commercial development along the Delaware Route 8 Corridor. Seventy percent (70%) of respondents supported clustering of commercial development around Greentree Village Shopping Center and the Delaware Route 8/Saulsbury Road intersection. While 70% also opposed making Delaware Route 8 a continuous commercial strip between Saulsbury and Kenton Roads, most participants suggested that vacant developable parcels along Route 8 should be utilized for commercial and/or retail uses, except when adjoining existing residential development.
If the subject property were annexed, it would be situated within the Corridor Overlay Zone (COZ-1) and subject to the additional site design and landscape requirements that govern that area.
Interim Annexation Policy: The City of Dover Interim Annexation Policy identifies the subject property as a Category 1 property, which indicates that this property would be highly desirable for annexation into the City of Dover. Category 1 properties are favored for annexation due to their proximity to existing municipal services and are typically properties that are partially or completely surrounded by lands in the City of Dover.
Recommendation of the Planning Staff: Staff recommended that the subject property be annexed into the City of Dover, that the subject property be zoned C-PO upon annexation, and that the subject property be included in and subject to the Corridor Overlay Zone (COZ-1).
While the Interim Annexation Policy looks favorably upon annexation of the subject property, the current Comprehensive Plan recommends residential development for this parcel. The applicant proposes professional office development for the 4.56 +/- acre parcel and requests a C-1A (Limited Commercial) zoning designation.
The subject property is one of several adjoining parcels that were platted in the 1930’s as part of the Country Club Estates subdivision. These parcels tend to be narrow in width and run over 1,000 feet in depth from the right-of-way of Route 8. Due to the significant depth to width ratio of these parcels, and particularly the narrow lot widths, most of these parcels individually are not well configured for residential development. At the time that the Comprehensive Plan was developed, it was anticipated the various parcels might be useful for new residential development if they were to be consolidated into one (1) large development parcel for residential subdivision. To date, no attempt has been made to consolidate these parcels for residential development.
The Planning Staff observes that the landscape of this segment of the Delaware Route 8 Corridor has changed significantly since the adoption of the Comprehensive Plan in 1996. Gateway West Shopping Center, which was built after the adoption of the Comprehensive Plan, is a major retail commercial development on Route 8 that is in close proximity of the subject property. Numerous other new commercial development projects have occurred along the south side of Route 8 since the Comprehensive Plan was adopted. The Modern Maturity Center has also undergone a major expansion recently. To the south and adjoining the subject property, the Client Logic complex in Enterprise Business Park has also undergone a major expansion. Traffic volume has also continued to increase through the corridor since 1996.
Given all of the changes to the built environment that have taken place since 1996, the Planning Staff questions the likelihood of the subject property being consolidated with adjoining parcels for new residential development. Traffic growth and related concerns coupled with close proximity to major non-residential developments on two (2) sides renders the subject property less desirable, and less marketable, for single family residential development.
Staff is concerned that if the City does not annex the property, that there is likelihood that the property would be rezoned and developed under the jurisdiction of Kent County. It is important to emphasize that we do not mean to suggest any negative connotation associated with development under County jurisdiction. However, they are concerned that development under County regulations would not achieve the same level of design consideration and consistency with other Route 8 properties within the City in terms of site design, landscape design, building architecture, signage limitations, and pedestrian accommodations that would be achieved under City of Dover requirements.
For these reasons, the Planning Staff recommended that the annexation be approved and that the property be zoned C-PO.
Council President Carey declared the public hearing open.
There was no one present wishing to speak during the public hearing.
Council President Carey declared the public hearing closed.
Mr. Salters moved that the ordinance be accepted by title only, seconded by Mr. Speed and unanimously carried.
Mr. Speed moved that the property be zoned C-PO (Commercial/Professional Office) as recommended by the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote (Mr. McGlumphy absent), Council adopted the following ordinance (the first reading of the proposed ordinance was accomplished during the Council Meeting of May 28, 2002):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1100 FORREST AVENUE.
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 C-PO - Commercial/Professional Office (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 C-PO (City of Dover zoning classification) on that property located at 1100 Forrest Avenue, owned by Shirley M. Moore.
ADOPTED: JULY 22, 2002
UTILITY COMMITTEE REPORT
The Utility Committee met on July 22, 2002 with Chairman Ruane presiding.
Clean Air Act - NOx Reduction Project
As presented at the Utility Committee meeting on April 8, 2002, the Dover electrical generation facilities are required to comply with the 1998 Environmental Protection Agency NOx SIP call and reduce its nitrogen oxide emissions. Per Section 3.8 of the Wholesale Power Supply and Services Contract executed between the City and Duke Energy, Dover shall reimburse Duke for costs incurred for compliance with any federal or state regulations which were promulgated, enacted or imposed after the date of the contract. As indicated in Section 3.8, if Duke incurs regulatory costs for which Dover is responsible, Dover shall reimburse Duke within 15 days of receipt of Duke’s invoice.
Duke has completed an extensive study outlining the recommended course of action to best comply with these regulations in the most cost-effective manner. This study recommends numerous incremental NOx reduction alternatives, including installation of variable air damper drives, installation of overfire air, installation of new countant burners (COFIR), and improved instrumentation. These four items, along with some miscellaneous items, are estimated to take up to one year to complete.
A breakdown of the total cost, estimated to approach approximately $3 million, was provided to members. All estimates are budgetary and should not be considered firm price quotes. All purchases will be made in accordance with Duke’s bidding and purchasing policies. Members were reminded that Council approved funds for this expense in the 2002–2003 budget in the Electric Administration, Construction - Purchase account in the amount of $4 million. The funding source is the Future Capacity Reserve. Mr. Dean Blaha, Production Manager, indicated that there is a significant portion of labor which will be performed by his staff at no additional charge to the City.
The timeline for the project is immediate and began with the study mentioned above. Efforts are underway to obtain information and develop specifications and bid packages. Members were provided details of the timeline for completing the project with an anticipated May 1, 2003 start of the N0x season.
The committee recommended authorizing Duke Energy Trading & Marketing to start the NOx reduction project for the estimated project cost of $3 million, including an estimated contingency of $225,000, as recommended by staff. The City will reimburse Duke in accordance with the contract for all costs associated with the project.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Salters.
Mr. Ritter moved to amend the motion to include a clause that if the costs exceed $3 million, the matter would be brought back to Council for review and approval, seconded by Mr. Pitts and unanimously carried.
The motion to authorize Duke Energy Trading & Marketing to start the NOx reduction project for the estimated project cost of $3 million, including an estimated contingency of $225,000, and stipulating that if the costs exceed $3 million, the matter would be brought back to Council for review and approval, was carried by unanimous roll call vote (Mr. McGlumphy absent).
Mr. Ruane moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and unanimously carried.
MONTHLY REPORTS - JUNE 2002
By motion of Mr. Speed, seconded by Mr. Salters, the following monthly reports were accepted by consent agenda:
City Assessor Report
City Clerk/Alderman Report (Fines)
Mayor's Report
With reference to the Chief of Police Report, Mr. Truitt noted that “...PFC David Spicer has returned to full duty after receiving life-threatening injuries in the attempt to apprehend a subject who was suspected of engaging in illegal drug activity. PFC Spicer had been shot in his left shoulder and arm with a 45 caliber handgun on March 24, 2001. He underwent four (4) separate surgeries and approximately six (6) months of physical therapy before returning to work on light duty status. He continued with physical therapy for an additional eight (8) months until he regained sufficient strength and use of his left arm and was able to return to full duty. With his return to full duty, PFC Spicer has been assigned to the Criminal Investigations Unit as a Detective.”
Mr. Speed noted that, with the mutual aid of numerous police agencies throughout the State, no significant problems were encountered during the NASCAR races held the first weekend of June.
Mr. Speed, referring to page 18 of the City Manager’s Report, noted that the Replacement of Granular Activated Carbon project was completed prior to June 30, 2002, as requested by Council. He thanked the City Manager and Public Works Director for completing the project on time.
Mr. Ruane requested that the City Manager’s Report include a narrative reference to any power outages that occur during the month, including an explanation for the outage and what remedies have been put into place.
Responding to Mrs. Williams, Mr. DePrima stated that no data was lost due to the failure of the UPS system on June 5, 2002.
Responding to Mr. Ritter, Mr. DePrima provided an update on the alley paving program.
Referring to the Planning and Inspections Report, Mr. Speed commended Mr. Petit de Mange for including the Special Projects Work Plan for FY 2003.
Mrs. Williams moved to accept the Chief of Police, City Manager, and Planning and Inspections Reports, seconded by Mr. Salters and unanimously carried.
APPOINTMENT - RECOMMENDED BY MAYOR JAMES L. HUTCHISON - GREATER DOVER ARTS COUNCIL
Mayor Hutchison requested the appointment of Ms. Katja R. Lackey to the Greater Dover Arts Council, with a term to expire June 1, 2003. This appointment will fill the unexpired term of Ms. Rosemary Woodward.
Mr. Salters moved for approval of the appointment of Ms. Lackey, as recommended by Mayor Hutchison, seconded by Mr. Truitt and unanimously carried.
Mr. Speed moved for adjournment, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 8:10 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of July 22, 2002, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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