REGULAR COUNCIL MEETING
The Regular Council Meeting was held on June 10, 2002 at 7:30 p.m. with Council President Carey presiding. Council members present were Mr. Ritter, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. McGlumphy, Mr. Speed, Mr. Salters, and Mr. Ruane.
Council staff members present were Chief Horvath, Mr. Cooper, Mr. DePrima, Mrs. Mitchell, Mr. Petit de Mange, Fire Chief Bashista, 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 requested the deletion of item #2 - Presentation of Governor’s Conservation Award, and item #8 - Property Assessment Appeals Report.
Mr. Truitt moved for approval of the agenda as amended, seconded by Mr. Speed and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MAY 28, 2002
The Minutes of the Regular Council Meeting of May 28, 2002 were unanimously approved by motion of Mr. Salters, seconded by Mr. Truitt and bore the written approval of Mayor Hutchison.
COUNCIL BUDGET HEARINGS REPORT
Members of City Council met in budget hearings on May 14, 15, and 16, 2002. The total operating budget for fiscal year 2002/2003 is approximately $96.9 million. Action was taken by Council during the budget hearings which require the adoption of ordinances and a first and final reading; therefore, it was suggested that Council reaffirm action taken on the following items:
Setting of Property Tax Rate for Fiscal Year 2002/2003
In accordance with Delaware State Law: 22 Delaware Code Section 1005(b), whenever the tax rate exceeds the rolled-back rate, an ordinance establishing a property tax rate upon total reassessment must be adopted.
Mr. Salters moved to keep the current property tax rate at $.685 (sixty eight and one half cents) per hundred of assessed value, seconded by Mr. Ruane and carried with Mr. Speed voting no. (The First Reading of the ordinance will take place during the latter part of the meeting).
Mr. Ruane noted that the proposed rolled-back tax rate was duly advertised and that public comments have not been received.
Parking Violations - Increase in Fines
Members considered a proposed amendment to Chapter 13 - Motor Vehicles and Traffic, Section 13-16 - Violations, of the Dover Code that would increase parking fines from $15 to $25 and increase payments made within 72 hours from $10 to $20. Mr. Speed moved to suspend the rules to allow for public comment, seconded by Mr. McGlumphy and unanimously carried.
Mr. Thomas Smith, President of the Board of Directors for Main Street, addressed members on behalf of several downtown Dover merchants and relayed concerns with the proposal to increase parking fines. It is their feeling that the increase will have a negative effect on the businesses and questioned the purpose of the increase. He suggested that any consideration of an increase be delayed until completion of a comprehensive and professional parking assessment study. At the request of Mr. Smith, there were approximately 10-15 people in the audience who stood to be recognized as being opposed to the proposed ordinance amendment. It was his feeling that additional information should be obtained, such as comparisons of other cities/towns, prior to taken final action.
After much discussion, Mr. Truitt moved to table the matter to allow for further information to be obtained, seconded by Mr. Salters. The motion failed by a roll call vote of five (5) no and four (4) yes (Mr. Ritter, Mrs. Williams, Mr. Truitt, and Mr. Salters).
In response to Mr. Speed, Chief Horvath explained that it would be rare for an officer to issue a City summons for a moving offense. Typically, an officer uses the State Statute for a moving violation since it affects an individual’s driving record. However, he agreed that the fine for a moving offense, as referenced in Section 13-16, should be equal to that of the nonmoving offense.
Mr. Speed moved for adoption of the proposed ordinance amendment to Section 13-16 that would increase the fines for illegal parking from $15 to $25 and increase payments made within 72 hours from $10 to $20. The motion was seconded by Mr. Ruane and carried by a roll call vote of seven (7) yes, two (2) no (Mr. Ritter and Mr. Salters).
Budget Ordinances - Proposed 2002/2003
Members were provided proposed budget ordinances for fiscal year 2002/2003.
Mr. Salters moved for adoption of the budget ordinances for fiscal year 2002/2003 as presented. The motion was seconded by Mr. McGlumphy.
Mr. Ruane moved to amend the motion to allow for an increase in the amount of $6,600 to authorize for expenditures in the Library Department’s budget specifically for the item entitled “books”, with the understanding that the funds necessary to cover the additional expense will be realized from the increase in Comcast Franchise Fees. The motion was seconded by Mr. Speed and carried by a unanimous roll call vote.
Mr. McGlumphy moved to amend the motion to include all requested police vehicles in the amount of $84,000 to be restored to the Police Department’s budget. The motion was seconded by Mr. Truitt and carried by a unanimous roll call vote.
On a call for the question by Mr. Salters, the motion for adoption of the budget ordinance for fiscal year 2002/2003, as amended, was carried by a roll call vote of six (6) yes, three (3) no (Mr. Ritter, Mr. McGlumphy, and Mr. Speed). (The First Reading of the budget ordinances will take place during the latter part of the meeting).
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 575 W. NORTH STREET, OWNED BY ROBERT M. DUNCAN; 26 SLAUGHTER STREET, OWNED BY KLEIN DEVELOPMENT CORPORATION; 508 W. LOOCKERMAN STREET, OWNED BY FRANK J. AND BELINDA A. SHIVICK; AND 502-504 W. LOOCKERMAN STREET, OWNED BY ROBERT M. DUNCAN
A public hearing was duly advertised for this time and place to consider rezoning of property located at 575 W. North Street, owned by Robert M. Duncan; 26 Slaughter Street, owned by Klein Development Corporation; 508 W. Loockerman Street, owned by Frank J. and Belinda A. Shivick; and 502-504 W. Loockerman Street, owned by Robert M. Duncan. The property is currently zoned C-3 (Service Commercial) and the proposed zoning is I/O (Institutional and Office).
Planner's Review
The present zoning of C-3 permits service establishments, wholesale and warehousing, bowling alleys, animal hospitals, motor vehicle service stations subject to conditions, manufacturing with less than 25 employees, and printing establishments. Conditionally permitting planned senior housing developments. Mr. Petit de Mange stated that a building was demolished this past weekend and that the entire site is currently vacant and ready for development.
The proposed zoning of I/O permits business, professional, and governmental offices, public and institutional uses, and restaurants. Conditionally permitting planned senior housing developments, fire arm ranges, correctional facilities, and public incinerators. The proposed use of the property is for office development.
The Planning Commission recommended approval of the rezoning. In taking this position, the Commission considered the following points:
Surrounding Land Uses: The property is located on the southwesterly corner of the intersection of W. Loockerman and Slaughter Streets, and also has frontage along the northerly side of North Street. To the north, lands are zoned I/O and are occupied by the Dover Train Station (a.k.a. George V. Massey Station) and vacant lands once occupied by the Hartnett Lumber Company. Further north are lands zoned C-3 which include mixed use commercial, fuel service station and warehousing uses. To the northeast are commercial properties zoned C-2 (Central Commercial) which line the frontage of W. Loockerman Street. Further to the northeast are lands zoned RG-1 (General Residence) which are predominantly comprised of single family and multifamily residential uses. To the east are lands zoned C-2 along the southerly side of Loockerman Street and lands zoned RG-1 which are occupied by a place of worship and a cemetery. To the south across North Street are lands zoned C-3 which are owned and occupied by Chesapeake Utilities Corporation. To the southwest are lands zoned IPM (Industrial Park Manufacturing) which are currently in agricultural production as part of the Eden Hill Farm complex. Immediately west of the subject site is the railroad right-of-way. Further west are lands zoned I/O which is the location of the former ice plant.
Comprehensive Plan: The Comprehensive Plan recommends that this area be utilized for downtown mixed use purposes.
Other Considerations: The subject property is also situated within the Dover Historic District (H) which sets forth architectural design guidelines and standards for the purpose of preserving, protecting, and enhancing the unique visual and architectural qualities of the older portion of Dover.
Recommendation of Planning Staff: Considering that the downtown mixed use designation of the Comprehensive Plan has been established in recognition of the fact that the urban core area is an agglomeration of uses and zoning districts and the I/O zoning comprises significant expanses of the area designated for this purpose, staff recommended approval of the rezoning.
Correspondence
No correspondence was received on the proposed rezoning.
Responding to Mr. McGlumphy, it was Mr. Petit de Mange’s opinion that the issue has been resolved relative to the drainage line and that a utility easement should not be required when Council considers the alley abandonment requested by Mr. Duncan.
Public Hearing
Council President Carey declared the hearing open.
Mr. Robert Duncan, 177 Old Camden Road in Camden, explained that the draining line must be moved in order for the building to be constructed and assured members that it will be done. He also mentioned the need for the alley abandonments to be accomplished without the City maintaining utility easements.
Council President Carey declared the hearing closed.
Mr. Speed moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Truitt 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 April 22, 2002.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 26 SLAUGHTER STREET, 575 W. NORTH STREET, 508 W. LOOCKERMAN STREET, AND 502-504 W. LOOCKERMAN 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 IO (Institutional and Office).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from C-3 to IO on that property located at 26 Slaughter Street, owned by Klein Development Corporation; 575 W. North Street, owned by Robert M. Duncan; 508 W. Loockerman Street, owned by Frank J. and Belinda A. Shivick; and 502-504 W. Loockerman Street, owned by Robert M. Duncan.
ADOPTED: JUNE 10, 2002
PUBLIC HEARING - ELECTRIC FUND BUDGET
A public hearing on the Electric Revenue Fund Budget is required for compliance with the 1985 Electric Revenue (Refunding) Bonds Resolution - Annual Budget Section (as amended by the 1990 Bond Resolution) prior to adoption of the budget. Notice of the public hearing was properly advertised for this time and place.
Mr. DePrima stated that the total revenue and expenditures for the Electric Revenue Fund has been projected at $58,483,009 for fiscal year 2002/2003. He noted that approximately $36.6 million of that amount is for purchased power, which is what the City purchases from Duke Energy.
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 to forward the Electric Fund Budget for fiscal year 2002/2003 for a First Reading during the latter part of the meeting, seconded by Mr. Truitt and carried with seven (7) yes, two (2) no (Mr. Ritter and Mr. Speed).
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on May 28, 2002 with Chairman Salters presiding.
Request to Study and Formulate Recommendations for the Conduct of Future City Elections
During the Election Board Meeting of April 29, 2002, members discussed observations made during the recent City election and recommended that City Council authorize the Election Board to perform a study to formulate recommendations for future City elections. The study would allow staff to research the feasibility and costs of having more than one (1) polling location, changing the election from a Tuesday to a Saturday, etc.
The committee recommended that the Election Board be authorized to perform a study on the conduct of elections to formulate recommendations for conducting future City elections.
Mr. Salters moved to suspend the rules to allow for the Chairman of the Election Board, Mr. Leary, to provide clarification and specifics regarding the study. The motion was seconded by Mr. Speed and unanimously carried.
Responding to Mr. Ruane, Mr. Leary stated that the Election Board was considering concerns as a result of observations members made during the recent City election. However, he felt that the study could entail the review of other issues involving elections such as moving the election date.
Mr. Salters moved to authorize the Election Board to perform a study on the conduct of elections to formulate recommendations for conducting future City elections, as recommended by the committee. The motion was seconded by Mr. McGlumphy and unanimously carried.
Proposed Ordinance Amendment Section 2-70(2) - Council Compensation
Due to the current economic situation and the City’s budgetary constraints, members considered an amendment to Section 2-70(2) of the Dover Code that would eliminate the annual increase for members of Council for July 1, 2002. Mr. McGlumphy explained that the amendment refers strictly to this year’s annual increase, which is the result of discussion that occurred during the budget review process. The committee recommended adoption of the amendment to Section 2-70(2) of the Dover Code.
Mr. Salters moved for approval of the committee’s recommendation under consent agenda, seconded by Mr. McGlumphy.
Mr. Speed explained his feeling that the ordinance, as written, has the Council’s salary predicated upon the increase in salary for our employees, which creates a conflict of interest since Council sets the amount of the increase.
Mr. Speed moved to amend the motion to eliminate the annual increase entirely and that the current salaries be specified at their current rate, so that the ordinance would read as follows: “Each council member shall receive an annual salary of seven thousand four hundred sixteen dollars ($7,416.00), to be paid monthly. The Council president shall receive an annual salary of eight thousand six hundred fifty two dollars ($8,652.00), to be paid monthly. Council members shall receive reimbursement for actual and necessary expenses incurred when on official business as prescribed by ordinance or policy.” The motion was seconded by Mr. Ruane and carried by a roll call vote of six (6) yes, three (3) no (Mr. Pitts, Mr. McGlumphy, and Mr. Salters).
For the record, Mr. McGlumphy stated that he is aware that there is an election year approaching and that there are some council members that will be running again who have not been able to fulfill promises made to the voting public, which he feels is the reason the amendment has been proposed.
The motion for adoption of the amendment to Section 2-70(2) of the Dover Code , as amended, was carried by a roll call vote of six (6) yes, three (3) no (Mr. Pitts, Mr. McGlumphy, and Mr. Salters). (The First Reading of the ordinance will take place during the latter part of the meeting).
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Truitt and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on May 28, 2002 with Chairman Truitt presiding.
Discussion - Abandoned Vehicles (Councilman Pitts)
During the Council Retreat, members discussed the increase in the number of abandoned vehicles and possibilities to rectify this problem. Since there has been no further action taken on this matter, Mr. Pitts suggested that the City take a more active approach in eliminating abandoned vehicles in problem areas throughout the City.
Mr. Pitts felt that many of the problems are related to abandoned vehicles located on private property. He suggested that staff investigate the possibility of making property owners responsible for the costs or having the City bill the property owner for any expenses related to having the vehicle towed.
After much discussion, members suggested that this matter be referred back to staff to develop alternative procedures to address these issues.
No further action was taken by Council.
Mr. Truitt moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Pitts and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on May 28, 2002 with Chairman Ruane presiding.
Proposed Resolution - Comcast Merger
During the Council Meeting of April 8, 2002, members were provided information regarding the plans of Comcast Corporation and AT&T Corporation to combine their cable systems into a new company - AT&T Comcast Corporation. Mr. Ruane stated that the Finance Director/Treasurer has worked diligently, along with the Deputy City Solicitor, for the past several months in reviewing the issues involved with the proposed merger. Staff presented a proposed Resolution granting consent and approval of a change in control of Comcast Corporation.
The committee recommended adoption of the proposed Resolution granting consent and approval of a change in control of Comcast Corporation.
By motion of Mr. Ruane, seconded by Mr. Speed, Council approved the committee’s recommendation and adopted the following Resolution by a unanimous roll call vote:
A RESOLUTION OF THE CITY OF DOVER, DELAWARE, GRANTING CONSENT AND APPROVAL OF A CHANGE IN CONTROL OF COMCAST CORPORATION, THE PARENT COMPANY OF COMCAST CABLEVISION OF DELMARVA, INC.
WHEREAS, Comcast Cablevision of Delmarva, Inc. (Franchisee)is an indirect subsidiary of Comcast Corporation (“Comcast”), and Comcast intends to merge with AT & T Broadband Corp. to create a new company to be known as AT & T Comcast Corporation (the “Merger”). Following the Merger, Franchisee will remain an indirect subsidiary of Comcast and the Franchisee’s ultimate parent will be AT & T Comcast Corporation; and
WHEREAS, Franchisee has requested that the City of Dover (“Franchise Authority”) consent to the Merger and in accordance with the requirements of the Franchise has filed an FCC Form 394 (“Application”) with the Franchise Authority; and
WHEREAS, following the Merger, the resulting entity controlled by AT & T Comcast Corporation will continue to operate the System and continue to hold and be responsible for performance of the Franchise; and
WHEREAS, the Franchise Authority is willing to consent to the Merger; and
WHEREAS, Franchisee has assured the City of Dover in its letter to the City of Dover’s Deputy Solicitor, dated April 10, 2002, that after the merger, Franchisee will remain obligated to perform all lawful requirements of the existing franchise agreement, dated July 9, 1996 with the City of Dover and all modifications, agreements or amendments made thereto, together with all applicable laws and ordinances; and,
WHEREAS, the Franchisee has also assured the City of Dover in the aforementioned letter that it will continue to comply with all customer service standards and obligations of the existing franchise.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The Franchise Authority consents to a change in control of the Franchisee arising from the Merger.
SECTION 2. This Resolution shall be deemed effective upon adoption.
SECTION 3. This Resolution shall have the force of a continuing agreement with the Franchisee and the Franchise Authority shall not amend or otherwise alter this Resolution without the consent of the Franchisee.
SECTION 4. This Resolution shall become null and void in the event it is determined by a court or government agency of competent jurisdiction that Comcast’s plans to merge with A T & T Broadband Corporation is in violation of or inconsistent with applicable federal and state laws, rules, and regulations.
ADOPTED: JUNE 10, 2002
Comcast Franchise Fee Schedule
During the committee meeting of April 8, 2002, members reviewed the Comcast Merger and suggested further review of the Comcast Franchise Fee calculation. Mr. Ruane advised members that this matter has been reviewed by the Deputy City Solicitor, in conjunction with the review of the proposed merger. As requested, staff provided an analysis of the Comcast Franchise Fee, as well as the changes resulting from the reduction of revenue attributed to the Internet ruling and the increase in revenue attributed to a recent ruling by the FCC on advertising and home shopping revenue. Mrs. Mitchell, Finance Director/Treasurer, explained that the Current Basis is a fixed cost of $65,000 per quarter, per right-of-way agreement. The 5% of Revenue Basis calculation is 5% of gross Comcast Revenue and the Percent Change Basis calculation is 5.667% of Comcast revenue, excluding Internet.
The committee recommended that Comcast be authorized to collect all appropriate fees and that the City’s Franchise Fee be calculated by utilizing the Percent Change Basis, currently at 5.667% of Comcast revenue, excluding Internet. It was noted that approval of the motion would authorize the Chairman of the Utility Committee to sign the legal documents to amend the Franchise Agreement, as agreed upon, to become effect July 1, 2002.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Speed and carried by a unanimous roll call vote.
Request for Alley Abandonment - East-West Between 26 Slaughter Street and 502-504 and 508 W. Loockerman Street - Robert M. Duncan
Members considered a request for the abandonment of a 10-foot alley running east-west between 26 Slaughter Street and 502-504 and 508 W. Loockerman Street, owned by Robert M. Duncan. The alley is unimproved and Mr. DePrima stated that there were no concerns from any City department regarding the abandonment of the alleys. Since these are paper alleys, review and approval by the D.A.C. and Planning Commission were not required. Staff recommended that a public hearing be set to abandon the alleys, and that if abandoned, it be stipulated that a permanent easement equivalent to the length and width of the alleys be retained for future utility installation if necessary.
During the committee meeting, Mr. Robert Duncan indicated opposition to the City retaining such utility easement, feeling that it could impede the development of the area.
Mr. DePrima reported that after further investigation, staff has determined that retaining the utility easement will not be required.
The committee recommended approval of staff’s recommendation and that the public hearing be set for June 24, 2002 at 7:30 p.m. by the adoption of a Resolution.
By motion of Mr. Ruane, seconded by Mr. Speed, Council approved the committee’s recommendation and adopted the following Resolution:
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A CERTAIN ALLEY SITUATED IN THE CITY OF DOVER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 1. The Council of the City of Dover favors the vacating and abandoning of the following alley:
All that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, an alley running east to west, lying on the westerly side of Slaughter Street between Loockerman Street and North Street and the alley parallel to Loockerman Street, being 10 feet wide and approximately 100 feet in length, comprising 1,000 square feet, more or less.
Section 2. The Council of the City of Dover will sit on Monday, June 24, 2002, at 7:30 p.m., in the Council Chambers at City Hall, Dover, Delaware, to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158, Volume 36, Laws of Delaware).
Section 3. The Clerk of Council is hereby directed to post copies of this Resolution in five or more public places in the City of Dover.
ADOPTED: JUNE 10, 2002
Mr. Ruane moved for acceptance of the Utility Committee Report, seconded by Mr. Speed and unanimously carried.
APPOINTMENT BY MAYOR HUTCHISON - PUBLIC ADVISORY COMMISSION OF THE MPO - WILLIAM R. SAUNDERS - TWO YEAR TERM TO EXPIRE 7/2004
Mayor Hutchison recommended the appointment of Mr. William R. Saunders to serve on the Public Advisory Commission of the MPO for a two year term to expire July 2004.
Mr. Salters moved for approval of the appointment of Mr. Saunders as recommended by Mayor Hutchison. The motion was seconded by Mr. McGlumphy and unanimously carried.
FIRST READING - PROPOSED ORDINANCES
Mr. Salters moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Truitt and unanimously carried. Council President Carey reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk’s Office. Final action by Council on the proposed budget ordinances will take place during the Council Meeting of June 24, 2002.
Mr. Salters moved for acknowledgment of the First Reading of the following proposed ordinances, by title only, seconded by Mr. Truitt and unanimously carried:
➣ Notification of Tax Rate Increase Over the Rolled Back Tax Rate [Required in accordance with 22 Delaware Code Section 1105(b)]
➣ Chapter 13 - Motor Vehicles and Traffic, Section 13-16 - Violations
➣ Budget Ordinances - Proposed 2002/2003
✶ General Fund - Cash Receipts and Budget
✶ Contingency Fund - Cash Receipts/Revenues and Budget
✶ Municipal Street Aid Fund - Cash Receipts/Revenues and Budget
✶ Police Grant Fund - Cash Receipts/Revenue and Budget
✶ Library Grants Fund - Cash Receipts/Revenue and Budget
✶ Library Endowment Fund - Cash Receipts/Revenue and Budget
✶ Community Development Fund - Cash Receipts/Revenue and Budget
✶ Weed and Seed Fund - Cash Receipts/Revenue and Budget
✶ Delaware Prevention Network - Cash Receipts/Revenue and Budget
✶ Intergovernmental Service Fund - Cash Receipts/Revenue and Budget
✶ Water/Wastewater Fund - Revenue and Budget
✶ Water/Wastewater Improvement/Extension Fund - Cash Receipts/Revenue and Budget
✶ Water/Wastewater Capital Asset Reserve Fund - Cash Receipts/Revenue and Budget
✶ Water/Wastewater Contingency Fund - Cash Receipts/Revenues and Budget
✶ Electric Revenue Fund - Revenue and Budget
✶ Electric Utility Improvement and Extension Fund - Cash Receipts/Revenues and Budget
✶ Electric Utility Depreciation Reserve - Sources and Uses of Funds
✶ Electric Utility Contingency Fund - Cash Receipts/Revenues and Budget
✶ Electric Utility Future Capacity (Restricted) Fund - Sources and Uses of Funds
✶ Electric Utility Insurance Stabilization Fund - Sources and Uses of Funds
✶ Health Insurance Fund - Cash Receipts/Revenues and Budget
✶ Workers Compensation Fund - Cash Receipts/Revenues and Budget
✶ Transportation Enhancement Grant Fund - Cash Receipts/Revenues and Budget
➣ Section 2-70(2) - Council Compensation
REZONING/FINAL READING - 104, 106, and 128 SAULSBURY ROAD, OWNED BY EDWARD J. TROISE, SR.
During their Regular Meeting of March 11, 2002, members of Council held a public hearing on a rezoning request for property located at 104, 106, and 128 Saulsbury Road, owned by Edward J. Troise, Sr. and tabled action until their Regular Meeting on June 10, 2002. The property is currently zoned C-3 (Service Commercial) and the proposed zoning is I/O (Institutional and Office). The First Reading of the proposed rezoning ordinance was accomplished during the Council Meeting of January 14, 2002.
Members received a letter from Mr. Constantine Malmberg, attorney representing the applicant, requesting that members keep the matter tabled until July 8, 2002 due to business issues between the buyer and seller.
Mr. Ruane relayed concern with the continual requests for action to be delayed and suggested that the applicant be put on notice that no further requests for extensions shall be granted by Council.
Mr. Ruane moved that Council send notice to the applicant that no further extensions shall be granted, seconded by Mr. Speed. The motion failed by a roll call vote of six (6) no, three (3) yes (Mr. Ritter, Mr. Speed, and Mr. Ruane).
Responding to questions of Mr. Truitt, Council President Carey explained that since there was no motion to remove the matter from the table, no further action is required and that it will remain tabled until July 8, 2002.
Mr. Speed moved for adjournment, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 9:07 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their Regular Meeting of June 10, 2002, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/JG
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