REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 14, 2000 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters, and Mr. Weller.
Council staff members present were Chief Faulkner, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Green, and Mr. Rodriguez.
OPEN FORUM
The Open Forum was held at 7:20 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.
Ms. Ruth Tee, 822 White Oak Road, advised members that there is a vehicle that remains parked on Greenhill Avenue and interferes with street sweeping and snow removal. Although this vehicle is tagged, it is never driven. She also addressed members regarding concerns of the alley located behind Greenhill Avenue, that was recently made one-way. Ms. Tee stated that although there was a letter submitted by Mr. Stautzenbach requesting that the alley be made one-way, this was not a request of the civic association. She felt that prior to the alley being made one-way, there should have been a petition signed by the property owners that reside on Greenhill Avenue and are adjacent to the alley.
The invocation was given by Elder Wallace Dixon, followed by the Pledge of Allegiance led by The Daughter’s of the American Revolution.
AGENDA ADDITIONS/DELETIONS
Mr. Leary requested the addition of item #3-A, Appointment of City Assessor. Mrs. Malone moved for approval of the agenda as amended, seconded by Mr. Salters and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 24, 2000
The Minutes of the Regular Council Meeting of January 24, 2000 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Carey and bore the written approval of Mayor Hutchison.
PRESENTATION BY MAYOR HUTCHISON - CERTIFICATES OF COMMENDATION - DOVER HIGH SCHOOL STUDENTS
The City Clerk read the following Certificates of Commendation into the record:
WHEREAS, the vast majority of our young people are knowledgeable and responsible citizens who deserve recognition and commendation for their actions; and
WHEREAS, on the morning of January 5, 2000, while on their way to school, four Dover High School students observed a woman who seemed to be in distress; and
WHEREAS, commendations are in order for these students for their quick response in assisting the woman who had fallen to the ground, was bleeding from the nose and back of the head, and was in need of medical attention; and
WHEREAS, the care and concern shown by two these students deserves special recognition.
NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF DOVER, DELAWARE, are honored to present this
Certificate of Commendation to
SETIRAH L. EDMONDS
ANDRON T. HUGHES
TYREE L. LOCKETT
TINISA M. MARSHALL
on this 14th Day of February 2000
Mayor Hutchison presented the Certificates and a Dover Coin to the recipients, commending them for their actions. Joining him in the presentation were Police Chief Faulkner, Councilman Truitt (Safety Advisory Committee Chairman), and Mr. Allan Angel (School Board Member, Capital School District). Being familiar with the situation, Chief Faulkner stated that it was gratifying to know that we have students that take extra effort in helping citizens in this manner. On behalf of the School Board, Mr. Angel relayed appreciation to the students for maintaining the pride and spirit of our high school by helping people in the neighborhood.
PRESENTATION BY THE DAUGHTER’S OF THE AMERICAN REVOLUTION - OFFICIAL GEORGE WASHINGTON BICENTENNIAL COMMUNITY
Representatives of the Colonel Hazlet Chapter of The Daughter’s of the American Revolution presented the City of Dover with a plaque in commemoration of the 200th Anniversary of the death of George Washington. There were several activities that qualified the City of Dover to be recognized for their outstanding effort in commemorating the “Father of His Country”. The City of Dover was joined by other communities nationwide as an official “George Washington Bicentennial Community”. Mayor Hutchison accepted the plaque on behalf of the City.
APPOINTMENT OF CITY ASSESSOR/ASSISTANT CITY ASSESSOR
Mr. Leary recognized the official notification from the City Assessor, Mr. L. Chapman Lucas, of his intent to retire after 27 years, 10 months of service, to be effective mid-April 2000. He expressed his gratitude to Mr. Lucas and wished him well in his retirement. Upon receipt of the retirement letter, a City Assessor Search Committee (Mayor Hutchison, Mr. Carey, Mr. Christiansen, Mr. Leary - Chairman, and Mr. Salters) was established to fill his position.
As recommended by the City Assessor Search Committee, Mr. Leary moved for the appointment of Mr. Jerome Cooper as City Assessor, to become effective upon the retirement of Mr. Lucas; the appointment of Mr. Cooper as Assistant City Assessor no later than March 1, 2000; and the appointment of Ms. Cheryl Russell as Assistant City Assessor, upon the retirement of Mr. Lucas. Both appointments shall be made with appropriate compensation. The motion was seconded by Mrs. Malone and carried by a unanimous roll call vote.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 101 WESTON DRIVE, OWNED BY STOLZFUS-MAST, LLC
A public hearing was duly advertised for this time and place to consider rezoning of property located at 101 Weston Drive, owned by Stolzfus-Mast, LLC. The property is currently zoned M (Manufacturing) and the proposed zoning is C-3 (Service Commercial).
Planner's Review
The present zoning of M permits manufacturing, assembling, storage, laboratories, wholesale storage and warehousing, building contractor yards, and public utility uses. The property is currently used for service commercial tenants.
The proposed 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 permitted are planned senior housing developments. The proposed use of the property is for service commercial tenants.
The Planning Commission recommended approval of the rezoning. In taking this position, the Commission considered the following points:
Surrounding Land Uses: To the north of the property are lands of Playtex, Inc., zoned IPM(Industrial Park Manufacturing). To the east and south are warehousing facilities zoned M. To the west is the property of the Booker T. Washington School zoned I/O (Institutional/Office).
Comprehensive Plan: The Comprehensive Plan designates this area to be planned for industrial uses and public utilities.
Other Considerations: This property is in an older industrial area of the City that has slowly been transforming from a manufacturing, warehousing area, to one that houses a broader array of wholesaling and service commercial uses. Some of these types of uses have moved onto this property although it is zoned manufacturing.
Recommendation of Planning Staff: Considering that the proposal is consistent with the Comprehensive Plan and because it is compatible with most of the surrounding land uses, staff recommended approval of the rezoning. This rezoning is a lateral rezoning from one industrial zone to another. The current zone emphasizes manufacturing and storage, while the proposed C-3 zone emphasizes light manufacturing, storage, wholesaling and service companies. This zoning is more appropriate given its location next to an elementary school. The C-3 zone allows more uses, but prohibits heavy industry.
Public Hearing
Council President Christiansen declared the hearing open.
There was no one present to speak for or against the proposed rezoning request.
Council President Christiansen declared the hearing closed.
Mrs. Malone moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Salters 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 January 10, 2000).
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 101 WESTON DRIVE.
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 M (Manufacturing) to C-3 (Service Commercial)
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 M to C-3 on that property located at 101 Weston Drive, owned by Stoltzfus-Mast, LLC.
ADOPTED: February 14, 2000
PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF WALKER ROAD AND SAULSBURY ROAD, OWNED BY JOANN S. DERRICKSON, INT., JOANN SLIGHTS, TRUSTEE
A public hearing was duly advertised for this time and place to consider rezoning of property located on the southwest corner of the intersection of Walker Road and Saulsbury Road, owned by Joann S. Derrickson, Int., Joann Slights, Trustee. Currently, the property contains 4.130+/- acres of land zoned C-PO (Commercial/Professional Office) and 30.620+/- acres of land zoned R-8 (Single Family Residential). The proposed zoning involves reallocating the zoning on the property so that 7.48+/- acres are zoned C-PO and 27.27+/- acres are zoned R-8.
Planner's Review
The present and proposed C-PO zoning classification permits offices, financial institutions, service agencies, medical and dental offices, and conditionally permits accessory laboratory, retail, and business services in office complexes, drive-in facilities, and residential uses. Generally these districts should promote superior development, prevent offices in mature residential neighborhoods, and serve as a transitional area between low, medium, and high intensity development. Conditionally permitted are planned senior housing developments.
The present and proposed R-8 zoning classification permits agricultural uses, single family detached dwellings on 8,000 square foot lots, public buildings. Permitted conditionally are planned senior housing developments, planned neighborhood design developments on 20 or more acres with single family and multiple family dwellings and a gross density of 3.8 units per acre, churches, schools, hospitals, funeral homes, philanthropic and charitable organizations, and membership clubs.
There are currently 4.13+/- acres zoned C-PO and 30.62+/- acres zoned R-8. The proposed zoning is for 7.48+/- acres to be zoned C-PO and 27.27+/- acres to be zoned R-8. The property is currently vacant. The proposed use of the property is for the Four Seasons Development, which would include office pads for four (4) office buildings along Saulsbury Road on the northeast side of the property, and 43 single family residential lots on the remaining land. The concept plan includes 5.89 acres of open space and 3.21 acres of storm water retention area.
The recommendation of the Planning Commission is for approval of the rezoning. In taking this position, the Commission considered the following points:
Surrounding Land Uses: To the north and across Walker Road are the Hamlet Shopping Center, and the Hamlet residential neighborhood. The proposed main entrance road leading into the Four Seasons Development is aligned with Village Drive, the main entrance into the Hamlet. To the northeast and across Walker and Saulsbury Roads is the residential neighborhood known as Northwest Dover Heights. To the east and across Walker Road are (from north to south) the Walker Square office complex, Whatcoat Church, Whatcoat Apartments, Playtex Products Plant, and three single-family residential homes. To the south is land recently purchased by the Dover Elks and is the proposed site of their new Elks Lodge. To the west are single family homes in Bicentennial Village.
Comprehensive Plan: When developing the Comprehensive Plan, there was active input from surrounding neighborhoods. The Comprehensive Plan calls for the commercial office area to be concentrated on four (4) acres of land at the corner of Saulsbury and Walker Roads. The area mirrors the size of the Hamlet Shopping Center. The intent was to prevent further non-residential “stripping” of Saulsbury Road, and to prevent traffic congestion on Saulsbury Road and Walker Road. The bulk of the land was to be developed for single family homes fronting on interior streets. What was of utmost importance to the residents of the surrounding neighborhoods was traffic congestion, and insuring that the uses next to Bicentennial Village were single-family detached homes.
The Route 8 and McKee/Saulsbury Road Corridor Study, which was accomplished in 1991, initiated the discouragement of stripping the west side of Saulsbury Road with non-residential development. The study concluded that the “overriding impression of the roads (both Route 8 and Saulsbury Road) was of an unattractive commercial corridor with an unorganized appearance and amorphous area of roadway, parking, and development.” Preventing Saulsbury Road from being a typical commercial corridor by encouraging a variety of land uses and design controls was carried into the 1996 Comprehensive Plan. The Plan calls for Saulsbury Road to be a transition street on which the east side would be commercial and the west side residential.
Other Considerations: Although not required in advance for approval of the rezoning, the C-PO zone requires a conceptual site plan, which has been submitted. Overall, the concept plan does a good job of separating the office and residential portions of the development, while at the same time, integrates them into a unified road, sidewalk, and stormwater management system. Superior design elements of the concept plan include a greater amount of woodland preservation than required. This woodland area is located between the proposed development and Bicentennial Village. The preservation of this wooded area is very important to the Bicentennial Village community. The proposed development also has a greater amount of passive and active open space than required and a larger stormwater retention area than required. This area is subject to flooding, and a development on this property must be sensitive to the flooding issue. The residential lots are also larger than required under the R-8 zoning classification.
Mr. DePrima stated that since this project has not gone through a detailed site plan and subdivision review, the notes regarding the project design are subject to change. He also stated that staff requested that a TIS be done in conformance with DelDOT standards. The TIS was requested by staff because of the concern expressed in the past by residents of the area, and because this is known to be a congested intersection during certain times of the day. The information provided and derived from the TIS includes a comparison of overall traffic volumes for the project with no development, future development under current zoning, and future development under the proposed zoning. The TIS report recommended the following: 1) right-hand de-acceleration lanes should be constructed on Walker Road westbound to Village Drive, and eastbound from Village Drive to Saulsbury Road; and 2) left turns onto Walker Road from the proposed site driveway should be restricted during peak periods with signage.
Recommendation of Planning Staff: Although the proposal represents a departure from the four (4) acres recommended for office zoning in accordance with the Comprehensive Plan, staff felt that it is a departure from the overall plan concept of keeping the northwest corner commercial offices, and a large majority single family residential. Increased traffic from the “existing zoning” to the “proposed zoning” is minor. In addition, this project merits some extension of the area zoned for offices because of the superior design elements offered with respect to woodland preservation, open space, housing lot size, and stormwater management. Staff recommended approval of the rezoning.
Responding to Mrs. Malone, Mr. DePrima indicated that the proposed development would require widening the south side of Walker Road and the addition of right-hand turn lanes.
Noting that a concept plan lacks specificity, Mr. Leary requested an explanation as to the process required should a developer wish to alter such plan. Mr. DePrima explained that if the rezoning is approved, there would be a subdivision of lots including the commercial and residential properties, which would require review by the Planning Commission. The commercial lots would then require site plan review for actual placement of the buildings. He noted that there is no site plan review for the placement of homes, which is included in the subdivision review. In accordance with the zoning ordinance, under the C-PO zoning classification, a developer is required to submit a concept plan for City Council’s review. Although the developer would not be obligated to follow the concept plan, one must be submitted to provide guidance to Council in making a decision regarding rezoning. Mr. DePrima felt that if a developer were to submit a site plan that was substantially different than the initial concept plan, it would be taken to task by the Planning Commission, although due to the overlay zone, the developer would be fairly restricted in this regard. In terms of the subdivision plan, Mr. DePrima stated that there are no requirements and that dependence is based on the good faith of the developer. He assured members that any radical changes would require review and approval of City Council.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. Hans Medlarz of Davis, Bowen, and Friedel, was present representing owners of the applicants and equitable owner, Four Seasons, LLC (Mr. Harrington, Mr. Klein, and Mr. Davidson). He advised members that due to the value of this property, it is unlikely that it will remain vacant. Mr. Medlarz stated that the applicants are not seeking a high density type of commercial zoning and that the proposed rezoning request would provide for the least amount of impact. The current residential zoning classification (R-8) would allow 90 units and would provide a much more dense residential development as currently permitted. However, the residential portion of this project has been semi-customized by the developer, including a floor plan which requires larger lot sizes than the R-8 zoning classification. Mr. Medlarz stated that the commercial lots have also been semi-customized by the developer.
Mr. Bruce Kelsey, Executive Director of Delaware Guidance Services for Children and Youth, Inc., which has facilities located at 884 Walker Road and 1156 Walker Road, stated that they are interested in moving into one of the commercial properties proposed for this site. He explained that their hope is to combine their two (2) sites into one (1) site. Since they are already a part of this community, there would be no additional traffic impact from them. Mr. Kelsey advised members that they currently provide an outpatient mental health clinic for children and families, a mobile crisis service for children, and a day treatment program. By moving into the proposed facility, all programs would be combined into one (1) facility, which will prove to be beneficial. He urged the approval of the rezoning request to allow for this capital project to begin.
Mr. William Schaefer, Jr., 111 Cobblestone Lane (Bicentennial Village), stated that the proposed property has been awaiting development which has been a concern of neighboring residents. Knowing that this property would eventually be developed, he relayed appreciation to the developers for their dedication in attempting to address all concerns, and trusts that they will do what is right for all parties involved.
Mr. Larry McHolmes, Human Resource Manager of Kraft General Foods, spoke in favor of the rezoning. After being advised that a 24-hour daycare center was one of the businesses proposed for this development, he became very interested. For such a service to be available in close proximity to their facility would be very much appreciated and requested support of the rezoning request.
Concurring, Mr. Roy Wallace, Manager of Human Resources for Client Logic, stated that with over 1,000 employees for a business that operates 24-hours per day, seven (7) days a week, a 24-hour daycare center in close proximity to their facility would be a welcomed addition to the area. On behalf of the employees, he relayed their support for the proposed project.
Mr. Richard Renck, 723 Bicentennial Boulevard, felt that the developers have been sensitive to some of the issues that the property brings forth. Although he supports the project and understands the need for a little flexibility, he remains cautious and suggested that members require the developers to adhere substantially to the concept plan. Should the rezoning request be approved by Council, Mr. Renck requested that members include, for the record, that any projects submitted that are substantially different from the original proposal would be discouraged. In regards to the wetlands and woodlands, he requested that the developers be required to be as sensitive regarding those issues as the law requires.
Mrs. Georgeanna Windley, 725 Bicentennial Boulevard, echoed Mr. Renck’s remarks and reiterated the environmentally sensitive nature of the tree canopy located in the rear of their properties. She requested that they be taken into consideration during the development of this site. She also relayed concern regarding failing intersections that seem to be perpetuating in Dover and urged members to continue to review these concerns to avoid losing potential businesses and residents in the future.
There was no one present wishing to speak against the proposed rezoning.
Council President Christiansen declared the hearing closed.
Mr. Weller moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote, with one (1) abstention (Mrs. Malone), Council adopted the following ordinance: (The first reading of this ordinance was accomplished during the Council Meeting of January 10, 2000).
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF WALKER ROAD AND SAULSBURY 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. Currently, the property contains 4.130+/- acres of land zoned C-PO (Commercial/Professional Office) and 30.620+/- acres of land zoned R-8 (Single Family Residential). The proposed rezoning involves reallocating the zoning on the property so that 7.48+/- acres are zoned C-PO and 27.27+/- acres are zoned R-8.
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 reallocating the zoning on the property so that 7.48+/- acres are zoned C-PO and 27.27+/- acres are zoned R-8 on that property located on the southwest corner of the intersection of Walker Road and Saulsbury Road, owned by Joann S. Derrickson, Int., Joann Slights, Trustee.
ADOPTED: February 14, 2000
ANNEXATION/REZONING REQUEST - WILMINGTON COLLEGE - 3282 N. DUPONT HIGHWAY
An annexation referendum was held on January 27, 2000 for property located at 3282 N. DuPont Highway, owned by Wilmington College (previous owner of record was First United Pentecostal Church of Dover).
Referendum Results
The City Clerk reported that the referendum was held on January 27, 2000 with one (1) eligible voter. One (1) vote was cast in favor of the annexation, with no votes cast against annexation.
Mr. Carey moved for acceptance of the annexation referendum results as reported, seconded by Mr. Pitts and carried by a unanimous roll call vote.
Annexation
By motion of Mrs. Malone, seconded by Mr. Carey, Council adopted the following Resolution by a unanimous roll call vote:
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 tract, piece and parcel of land located in East Dover Hundred, Kent County and the State of Delaware lying on the Easterly side of U.S. 13 leading from Dover to Smyrna, and being bounded on the South by lands now or formerly of Kentwood Mobile Estates and on the North by other Jarrell lands and on the East by lands of heirs of others and being more particularly described as follows:
Beginning at a braced galvanized fence post marking the division line between this parcel and the said Kentwood Mobile Estates and proceeding North 43 degrees 10 minutes West with the easterly right of way line of U.S. 13 and a woven wire fence 372 feet to a wooden fence post; then, with a new line now established North 55 degrees 30 minutes East 2470.20 feet to a corner; thence, South 36 degrees 10 minutes East 367.90 feet to the Kentwood Mobile Estates line; thence, South 55 degrees 30 minutes West 2424.85 feet to the place of beginning and containing 20.66 acres of land, more or less.
And being a part of all that certain tract, piece and parcel of land which was conveyed in fee unto Harvey Jarrell and Bessie Jarrell, his wife, by deed of Edward Jarrell and Ethel Jarrell, his wife, dated December 21, 1943, and recorded in the Office of the Recorded of Deeds, in and for Kent County and State of Delaware, in Deed Record Book 0, Volume 16, Page 124, and subsequently thereto, the said Harvey Jarrell departed this life on or about April 14, 1958, leaving to survive him the said Bessie Jarrell as the surviving tenant by the entirety.
2. The above described property shall be annexed into the City of Dover with a zoning classification of I/O (Institutional/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 15th day of February, 2000 at 12:01 a.m. o'clock.
ADOPTED: February 14, 2000
Public Hearing - Zoning Classification
A public hearing was duly advertised for this time and place to consider rezoning of property located at 3282 N. DuPont Highway. At the time the request was initiated, the property was owned by First United Pentecostal Church of Dover. Mr. DePrima advised members that the sale of this property has been finalized and that Wilmington College is now the owner of the property. The property is currently zoned BG - General Business, RMH - Residential Mobile Home, and A-R - Agricultural and Residential (Kent County zoning classifications) and is currently used for a school. The proposed zoning is I/O - Institutional/Office (City of Dover zoning classification), and the proposed use for the property is to remain as a school.
The City Planner, Mr. DePrima, explained that to the north of this site is Scarborough Road that is in the unincorporated portion of the County. To the east is SR-1 that is zoned A (Agricultural). To the south is property located in the unincorporated portions of the County, including Kentwood Mobile Home Park, which is zoned RMH, and various businesses, which are zoned BG. The properties to the west and across Route #13 are businesses in the City and zoned C-4 (Highway Commercial). Mr. DePrima stated that the Comprehensive Plan did not contemplate areas outside the boundaries; however, in the general discussion of the Institutional Uses zoning classification, it was recommended that all public school buildings and churches in the residential zone should be changed to the I/O zoning classification.
The Planning Commission recommended that the zoning classification of this property be approved as I/O.
Council President Christiansen declared the public hearing open.
There was no one present to speak during the public hearing.
Council President Christiansen declared the public hearing closed.
Mr. Lambert moved that the property be zoned I/O (Institutional/Office), as recommended by the Planning Commission. The motion was seconded by Mr. Carey and by a unanimous roll call vote, Council adopted the following ordinance: (The first reading of the proposed ordinance was accomplished during the Council Meeting of December 13, 1999).
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 3282 N. DUPONT HIGHWAY
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 RMH - Residential Manufactured Homes, B-G - General Business, and A-R - Agricultural-Residential (Kent County Zoning Classifications) to IO - Institutional/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 RMH, B-G, and A-R (Kent County Zoning Classifications) to IO (City of Dover Zoning Classification) on that property located at 3282 N. DuPont Highway, owned by Wilmington College.
ADOPTED: February 14, 2000
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on January 24, 2000 with Chairman Salters presiding.
Comprehensive Annual Financial Report For The Year Ended June 30, 1999
The City's financial books are audited by independent auditors each year as required by Section 46 of the City Charter. All financial transactions were audited by the selected C.P.A. firm of Faw Casson & Company for fiscal year 1999. The Finance Director/Treasurer reported that the auditors have given the City of Dover a clean (unqualified) opinion. The City has followed the generally accepted accounting principles and the financial statements represent a true and fair position of the City as of June 30, 1999. The City has received the Award of Excellence in Financial Reporting from the Governmental Finance Officers Association of the United States and Canada (GFOA) for the last 13 years. This report was also submitted to the GFOA for evaluation.
Ms. Janis Nesterak, representing Faw Casson & Co., was present during the committee meeting to answer questions on the report. She reiterated that the City has been given a "clean opinion" by Faw Casson & Co., and briefly explained the various sections of the Comprehensive Annual Financial Report (CAFR). Ms. Nesterak indicated that the goal of an audit is to obtain reasonable assurance that the financial statements are fairly stated and to detect any material misstatements. She stated that fairness is determined by applying criteria that is known as "generally accepted accounting principles". She explained that the City, as required under governmental accounting standards, has disclosed certain Y2K issues; however, as auditors they are not able to gather sufficient audit evidence related to the Y2K issue.
The committee recommended acceptance of the Comprehensive Annual Financial Report for Fiscal Year 1999.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Leary and unanimously carried.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on January 24, 2000 with Chairman Lambert presiding.
Middle West Service Company Report on Electric Utility
The City’s Electric Bond Resolutions require that the City retain an independent engineering consultant to inspect the City’s electric system and to review the electric budgets and insurance program. The City’s current engineering consultant is Middle West Service Company. Members reviewed their Annual Report for Fiscal Years 1998/1999 and 1999/2000.
A summary of the report was provided by Mr. Karia, Finance Director/Treasurer, as follows:
1.Discussion on the positive working of Duke/Fluor Daniel arrangement for the power plant management.
2.Listing of changes/improvements that have taken place at the power plant and the condition of the generating units.
3.Discussion on the City’s fiber optic plan.
4.A mention on the continuous and significant improvement in grounding and outage problems, and a mention of the conversion of 4kv system to 12kv or 22kv.
5.A discussion on the project and funding approval process and the fact that the City has placed more emphasis on the justification of projects.
6.A mention that the revenue and expense budgets for 1999-2000 provide for the adequate operation and maintenance of the electric system according to sound utility practices.
7.A discussion of funding of the Improvement and Extension Fund.
8.A conclusion that, for fiscal year 1999-2000, the rates are adequate from the bondholder’s point of view.
9.A review of the insurance program for our electric system.
The fee for this report is $17,000, including expenses. Staff recommended acceptance of the report as submitted.
The committee recommended acceptance of the Middle West Service Company Report on the Electric Utility.
Mr. Lambert moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Weller and unanimously carried.
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Weller and unanimously carried.
CONFIRMATION OF POLICE PENSION ELECTION - RETIRED CAPTAIN LARRY GRAY (TERM TO EXPIRE JANUARY 31, 2003)
The term of office on the Police Pension Board of Retired Major Robert Hirt expired on January 31, 2000. Pursuant to Section 18-47(2)(b) of the Police Pension Plan, notice of an election was given to all plan members. Only one nomination was received, therefore, no election was held. Chief Faulkner nominated Ret. Captain Larry Gray to serve a three (3) year term, to expire on January 31, 2003.
Mr. Salters moved for approval of the nomination of Ret. Captain Gray to serve on the Police Pension Board, with a three (3) year term to expire on January 31, 2003. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
Mr. Leary moved for adjournment, seconded by Mr. Weller and unanimously carried.
Meeting Adjourned at 8:40 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of February 14, 2000, are hereby approved.
JAMES L. HUTCHISON
MAYOR
JG/lg
\\Dover_1\CityClkWeb\Council Minutes\2000\02-14-2000.min.wpd