REGULAR COUNCIL MEETING
The Regular Council Meeting was held on May 22, 2000 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. McGlumphy, Mr. Pitts, Mr. Gorman, Mr. Truitt, Mr. Carey, and Mr. Salters. Mrs. Malone and Mr. Weller were absent.
Council staff members present were Chief Faulkner, Mr. Cooper, Mr. O'Connor, Mr. DePrima, Mrs. McDowell, and Mr. Rodriguez. Chief Carey was absent.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Christiansen 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 Elder Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Gorman and unanimously carried.
ADOPTION OF MINUTES - ANNUAL COUNCIL MEETING OF MAY 8, 2000
The Minutes of the Annual Council Meeting of May 8, 2000 were unanimously approved by motion of Mr. Carey, seconded by Mr. Truitt and bore the written approval of Mayor Hutchison.
PRESENTATION - WILLIAM H. WILLIS - SERVICE ON CITY OF DOVER ELECTION BOARD (1990-2000)
Council President Christiansen presented Mr. William H. Willis with a Dover Cup in recognition of service rendered on behalf of the City. Upon his retirement as City Clerk from the City of Dover, Mr. Willis continued to serve the City as a member and chairman of the Election Board from 1990 through 2000.
Council President Christiansen stated that Mr. Willis has contributed a considerable amount of time for the betterment of our City and relayed his appreciation, on behalf of members of Council and the entire Dover community, and wished Mr. Willis the very best and good health in the future.
Mr. Willis noted many fond memories of many councils and employees and the action that occurred in the Council Chambers. He thanked members of Council for being given the opportunity to serve the City and for the recognition.
PROPOSED RESOLUTION - KENT COUNTY TREATMENT FACILITY
Mr. Truitt moved for adoption of the following Resolution, as read by the Assistant City Clerk, seconded by Mr. Salters and carried by a unanimous roll call vote (Mrs. Malone and Mr. Weller absent):
WHEREAS, the Kent County Regional Wastewater Facility plays a vital part of promoting planned growth and Economic Development in the City of Dover; and
WHEREAS, the Kent County Regional Wastewater Facility is permitted to discharge 15 million gallons per day (MGD); and
WHEREAS, projected flows over the next five years are expected to exceed the permitted capacity; and
WHEREAS, Kent County has agreed to expand their treatment facility in an effort to increase their discharge capacity; and
WHEREAS, the State of Delaware, Department of Natural Resources and Environmental Control has denied a request to allow Kent County to increase their discharge flow; and
WHEREAS, Kent County and the City of Dover will now have difficulties in attracting many potential companies if substantial wastewater capacity is not present.
NOW, THEREFORE, BE IT RESOLVED that the City of Dover fully supports Kent County’s efforts to appeal their NPDES Wastewater Discharge Permit.
ADOPTED: May 22, 2000
PROPOSED RESOLUTION - ADDITION OF 401A PLAN TO THE CITY OF DOVER DEFERRED COMPENSATION PLAN
Mr. Salters moved for adoption of the following Resolution, as read by the Assistant City Clerk, seconded by Mr. Truitt and carried by a unanimous roll call vote (Mrs. Malone and Mr. Weller absent):
RESOLUTION OF THE CITY OF DOVER, DOVER, DELAWARE (“EMPLOYER”);
WHEREAS, the City of Dover currently has two pension plans in effect which civilian employees may choose to join, one being the Defined Plan known as the General Employee Pension Plan which is a part of the Dover Code commencing at Article IX, Sec. 2-176, and the Deferred Compensation Plan which is a part of the Dover Code commencing at Article X, Sec. 2-211. All employees are required as a condition of employment to join one plan or the other; and
WHEREAS, the Deferred Plan was originated by resolution of Council dated November 14, 1983; and
WHEREAS, Council desires to further amend the Deferred Compensation Plan by adding a new plan which shall be described as the 401A Plan in addition to the existing plan which shall be described as the 457 Plan and to further amend both plans.
NOW, THEREFORE, BE IT RESOLVED that employees who are participants in the Deferred Compensation Plan are members of the 401A Plan and are required to contribute by payroll reductions an amount equal to two (2) percent of their compensation, which is defined as the participant’s base pay plus scheduled overtime, payment for being on-call, except those hours reported for being called out, and any retroactive pay corrections which involve any one of the mentioned payments up to the legal limits as defined in the Deferred Compensation Plan, towards the 401A Plan; and
BE IT FURTHER RESOLVED that the City of Dover shall contribute an amount equal to the employee’s contribution consisting of an amount equal to two (2) percent of the employee’s compensation towards the 401A Plan; and
BE IT FURTHER RESOLVED that the employee shall have the option of also joining and making contributions towards the 457 Plan which is a part of the Deferred Compensation Plan and the City shall contribute an amount equal to the individual employee’s contributions up to a maximum of three (3) percent of the employee’s compensation towards the 457 Plan.
ADOPTED: May 22, 2000
PUBLIC HEARING/FINAL READING - PROPOSED ORDINANCES
A public hearing was duly advertised for this time and place to consider approval of zoning code amendments. The proposed amendments address setbacks for underground fuel tanks in the C-3 (Service Commercial) zone, site development master plans and site development approval requirements, and regulations pertaining to fences and permitted obstructions in residential and non-residential zones.
The proposed ordinances were reviewed by the Legislative and Finance Committee and the first reading was accomplished during the Council Meeting of April 24, 2000. Since the ordinances will amend the zoning code, a public hearing is required.
Mr. Carey moved for acknowledgment of the final reading of the ordinances, by title only, seconded by Mr. Salters and unanimously carried.
Council President Christiansen declared the hearing open.
There was no one present wishing to speak for or against the proposed zoning code amendments.
Council President Christiansen declared the hearing closed.
Mr. Salters moved for approval of the zoning code amendments. The motion was seconded by Mr. McGlumphy and by a unanimous roll call vote (Mrs. Malone and Mr. Weller absent), Council adopted the following ordinances:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article 3 - District Regulations, Section 15 - Service Commercial Zone (C-3), Subsection 15.15 be amended by striking paragraph (e) in its entirety and inserting in lieu thereof the following:
(e)The storage of gasoline or flammable oils in bulk shall be located fully underground in accordance with applicable provisions of the National Fire Protection Association Code.
ADOPTED: May 22, 2000
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article 12, Definitions, be amended by inserting the following term and definition in its proper alphabetical order:
Site Development Master Plan. A site development plan which depicts a comprehensive development plan for a property which is intended to be developed in distinct phases of construction over an extended period of time. Individual construction phases may include but are not limited to the construction of new buildings and structures or portions thereof, parking lots, utility construction and stormwater management improvements and related site improvements so as to achieve completion in accordance with the site development master plan. Each construction phase shall be planned and constructed to function as a complete and habitable site development, while being designed and implemented so as to permit the continuation of future phases of construction.
ADOPTED: May 22, 2000
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article 10 - Planning Commission, Section 2 - Site Development Plan Approval, Subsection 2.2 - Objectives, be amended by inserting item 2.27 to read as follows:
2.27 Ensure that large scale development projects involving extended construction periods are planned and implemented in accordance with an approved Site Development Master Plan.
ADOPTED: May 22, 2000
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article 10 - Planning Commission, Section 2 - Site Development Plan Approval, Subsection 2.4 - Procedure, Item 2.491 - Expiration of Planning Commission Approval, be amended by creating a new paragraph (b) and reassigning current paragraphs (b), (c), (d), and (e) as (c), (d), (e), and (f) respectively, with paragraph (b) to read as follows:
(b)For projects which are reviewed and approved by the Planning Commission as site development master plans, approval of the master plan shall remain valid for a period not to exceed five (5) years from the date of Planning Commission approval, provided that the authorized construction or use has commenced within one year of approval and is proceeding toward completion, unless an extension of time is applied for by the applicant and granted by the Planning Commission. In addition, the time between the completion of one phase and the initiation of the next phase shall not exceed a period of two (2) years. Upon approval of a Site Development Master Plan by the Planning Commission, the Planning Director or authorized designee shall have approval authority over final plans governing each phase of construction as depicted on the master plan.
ADOPTED: May 22, 2000
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article 10 - Planning Commission, Section 2 - Site Development Plan Approval, Subsection 2.5 - Site Development Plan Elements Submission Requirements Accompanying Applications for Site Development Plan Approval, be amended by inserting item 2.58 to read as follows:
2.58 Site Development Master Plans. Site development master plans shall depict a generalized site development proposal that reflects general compliance with all applicable provisions of Article 10, Section 2.5 above, and shall also reflect the following information on the plan:
(a)Plan shall illustrate distinct phase boundaries for each proposed construction phase and shall detail proposed construction and site improvements planned for each phase. Bulk quantities and area totals for each construction phase, and for the total site, shall be tabulated in a Data Column on the plan.
(b)Each construction phase shall be enumerated in sequential order on the site development master plan according to the order of construction contemplated by the plan. Phases shall be implemented in accordance with the approved site development master plan.
(c)Each construction phase represented on the master plan shall be planned and designed to function independent of construction and site improvements contemplated in future construction phases in all respects including but not limited to bulk area provisions of the zoning district in which the site is located, off-street parking requirements, site entrances, emergency access requirements, site utilities, and stormwater management improvements.
(d)Any special agreements or conditions of approval relative to the overall development that have been specified by regulatory agencies shall be documented on the site development master plan.
Site construction plans, details, and specifications are not required as part of a Site Development Master Plan submission. Final site construction plans, including detailed site grading, paving, utilities, stormwater management, and tree planting and preservation plans shall be submitted for final approval by the Planning Director, and/or authorized designee, and to other agencies having jurisdiction, on a phase by phase basis in accordance with the approved Site Development Master Plan, and all regulations of the City of Dover governing the approval of site plans as set forth in Article 10, Section 2 of this ordinance.
ADOPTED: May 22, 2000
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article 5 - Supplementary Regulations, Section 1 - Supplementary Regulations Applying to Residence Zones, Subsection 1.5 - Exceptions to Yard Requirements, be amended by deleting item 1.51 in its entirety and inserting in lieu thereof the following:
1.51 Permitted Obstructions. Cornice or cantilevered roofs and chimneys may project not more than two and one-half (2½) feet into a required yard. Belt courses, window sills and other ornamental features may project not more than six (6) inches into a required yard. Paved terraces, steps, and walks (other than such as are needed for access to the buildings on the lot) shall not project within fifteen (15) feet of a street line or four feet of a property line.
ADOPTED: May 22, 2000
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article 5 - Supplementary Regulations, Section 1 - Supplementary Regulations Applying to Residence Zones, Subsection 1.5 - Exceptions to Yard Requirements, be amended by inserting paragraph 1.55 as follows:
1.55 Fences. Fences or walls shall be limited to a maximum height of four (4) feet above the ground when situated within front yard areas, and shall be limited to a maximum height of six and one half (6½) feet above ground when situated within side and rear yard areas, except that corner lots shall comply with the more restrictive provisions of Article 5, Section 1.31. Fences or walls with a height in excess of six and one half (6½) feet above ground shall conform to the setback requirements for dwelling buildings as set forth in Article 4 of this ordinance. Fence material commonly referred to as “barbed wire” and/or “razor wire”, or any similar material shall be prohibited in residential zones.
ADOPTED: May 22, 2000
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article 5 - Supplementary Regulations, Section 7 - Supplementary Regulations Applying to All Non-Residential Zones, be amended by inserting Subsection 7.5 - Fences, as follows:
7.5 Fences. Fences or walls shall be limited to a maximum height of four (4) feet above the ground when situated within front yard areas, and shall be limited to a maximum height of eight (8) feet above ground when situated within side and rear yard areas, except that corner lots shall comply with the more restrictive provisions of Article 5, Section 1.31. Fences or walls with a height in excess of eight (8) feet above ground shall conform to the setback requirements for dwelling buildings as set forth in Article 4 of this ordinance. Fence material commonly referred to as “barbed wire” and/or “razor wire”, or any similar material shall be prohibited along property lines which adjoin residential zones.
ADOPTED: May 22, 2000
COMMITTEE APPOINTMENTS - COUNCIL (RECOMMENDED BY COUNCIL PRESIDENT CHRISTIANSEN)
Council President Christiansen recommended the following committee appointments:
Legislative and Finance Committee
Reuben Salters, Chairman
Carleton E. Carey, Sr.
Bruce T. Gorman
Robert Merritt (civilian member
appointed by Chairman Salters)
forthcoming (civilian member)
Utility Committee
Charles A. Weller, Chairman
John W. Pitts
William P. Truitt
Francis Nichols (civilian member)
Parks and Recreation Committee
Holly L. Malone, Chairwoman
William P. McGlumphy
John W. Pitts
Javan Davis (civilian member)
Safety Advisory Committee
William P. Truitt, Chairman
Carleton E. Carey, Sr.
William P. McGlumphy
W. Frank Wolfe (civilian member)
Civilian Pension Board
Bruce T. Gorman
Reuben Salters
Police Pension Board
Bruce T. Gorman
Reuben Salters
Code Board of Appeals
John W. Pitts, Chairman
William P. Truitt
Mr. Salters moved for approval of the committee appointments as recommended by Council President Christiansen, seconded by Mr. Carey and unanimously carried.
MISCELLANEOUS APPOINTMENTS (RECOMMENDED BY COUNCIL PRESIDENT CHRISTIANSEN)
Council President Christiansen recommended the following miscellaneous appointments:
Kent County Tourism
John W. Pitts
Liaison to Chamber of Commerce
and Greater Dover Committee
Mayor James L. Hutchison
William P. Truitt
City/County Liaison Committee
Mayor James L. Hutchison
Carleton E. Carey, Sr.
Holly L. Malone
Reuben Salters
William P. Truitt
James R. O’Connor
Communications Committee
Charles A. Weller, Chairman
Bruce T. Gorman
Irving S. Levitt
K.C. Sheth
Robert W. Lambert (ex-officio member)
Transportation Review Committee
Charles A. Weller, Chairman
Holly L. Malone
John W. Pitts
John Friedman
Roy Bogus
Mr. Carey moved for approval of the miscellaneous appointments as recommended by Council President Christiansen, seconded by Mr. Salters and unanimously carried.
COMMITTEE APPOINTMENTS (RECOMMENDED BY MAYOR HUTCHISON)
Mayor Hutchison recommended the following appointments:
Dover Public Library Advisory Commission (Annual)
William P. McGlumphy
Election Board - Three Year Terms to Expire May 2003
Gerald P. Foss - Second District
Thomas J. Leary - First District
Silver Lake Commission (Annual)
Michael J. Malkiewicz, Chairman
Cheryl A. Biddle
Zachery Carter
David L. Edgell
Robert Gorkin
Phyllis McKinley
Sherman L. Townsend
Downtown Dover Development Corporation (Annual)
John W. Pitts
Reuben Salters
William P. Truitt
James R. O’Connor
Anthony J. DePrima
Mr. Salters moved for approval of the committee appointments, as recommended by Mayor Hutchison, seconded by Mr. Carey and unanimously carried.
APPOINTMENTS (RECOMMENDED BY MAYOR HUTCHISON)
Mayor Hutchison recommended the following appointments:
Greater Dover Arts Council - 2 Year Terms to Expire June 1, 2002
Edward Curley Gary Knox
Debora Hansen Dr. Scott Miller
Daniel J. Kaiser Mike Nielson
Mr. Pitts moved for approval of the appointments to the Greater Dover Arts Council, as recommended by Mayor Hutchison, seconded by Mr. Truitt and unanimously carried.
Planning Commission - 3 Year Terms to Expire June 1, 2003
Robert Sadusky - Second District
William J. DiMondi - Second District
Michael von Reider - Third District
Mr. Carey moved for approval of the appointments to the Planning Commission, as recommended by Mayor Hutchison, seconded by Mr. Truitt and unanimously carried.
MONTHLY REPORTS - APRIL 2000
By motion of Mr. Salters, seconded by Mr. Gorman, the following monthly reports were accepted by consent:
Chief of Police Report
Planning and Inspections Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager's Report
Mayor's Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
Internal Service Fund, Revenue & Budget Report
SET 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 1990 Bond Resolution) prior to adoption of the budget. Staff recommended that the public hearing be set for June 12, 2000 at 7:30 p.m.
Mr. Salters moved for approval of staff’s recommendation, seconded by Mr. Carey and unanimously carried.
ANNEXATION/REZONING REQUEST (FIRST READING) - SOUTHEAST SIDE OF THE INTERSECTION OF ROUTE #13 AND RUSTIC LANE - OWNED BY PARADEE OIL, JOY L. LAROCQUE, JOHN W. K. MEREIDER, AND JOY L. AND ARMAND A LAROCQUE
A request was received for annexation and rezoning of property located on the southeast side of the intersection of U.S. Route #13 and Rustic Lane, consisting of four (4) properties and approximately 2.7948+/- acres. The properties are owned by Paradee Oil, Joy L. Larocque, John W. K. Mereider, and Joy L. and Armand A. Larocque, and the equitable owner is Cracker Barrel Old Country Store. The present zoning classifications are IG - General Industrial and BG - General Business (Kent County) and the proposed zoning classification is C-4 - Highway Commercial (City of Dover). Staff recommended that the request be referred to the Utility Committee and the Planning Commission, that an annexation referendum be set for July 13, 2000 and that a public hearing be set for July 24, 2000 at 7:30 p.m.
Mr. Carey moved for approval of staff's recommendation. The motion was seconded by Mr. Salters and Council unanimously acknowledged the first reading of the following ordinance, by title only, and adopted the following resolution:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE SOUTHEAST SIDE OF THE INTERSECTION OF U.S. ROUTE #13 AND RUSTIC LANE.
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 those properties located on the southeast side of the intersection of U.S. Route 13 and Rustic Lane, which are 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 those properties on the southeast side of the intersection of U.S. Route 13 and Rustic Lane situated in East Dover Hundred, Kent County, State of Delaware.
2. That the election be held on the 13th day of July, 2000 commencing at the hour 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 areas 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: May 22, 2000
FIRST READING - PROPOSED ORDINANCES
Mr. Salters moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Pitts and unanimously carried. Council President Christiansen 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 ordinances will take place during the Council Meeting of June 12, 2000. It was noted that the Legislative and Finance Committee recommended approval of the proposed ordinances during their meeting of April 24, 2000.
Mr. Truitt moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Carey and unanimously carried:
ARTICLE X - DEFERRED COMPENSATION PLAN
Section 2-211 - Definitions
Section 2-212 - Plan Established; Purpose
Section 2-214 - Contributions, Subsections (a) and (b)
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of May 8, 2000.
Article IX - General Employee Pension Plan
Mr. Truitt moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Carey and unanimously carried.
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Carey and carried by a unanimous roll call vote (Mrs. Malone and Mr. Weller absent):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article IX - General Employee Pension Plan, of the Dover Code be amended as follows:
Section 2-176 - Definitions
► By correcting the word “per cent”, as indicated in the definition for “Accumulated contributions”, to read “percent”.
► By adding the following definition after “Continuous service”:
Deferred Compensation Plan: Shall be the plan defined in Chapter 2, Article X of this Code.
► By adding the following definition after “Participant”:
Retired Participant: A participant of the plan who has terminated service and is eligible to receive retirement income under this article.
► By replacing the definition for “Pension plan or plan:” to read as follows: