REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 23, 1999 at 7:48 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters, and Mr. Weller. Mr. Leary was absent.
Council staff members present were Chief Faulkner, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Mrs. Green, and Mr. Rodriguez.
The invocation was given by Minister Iwana Smith, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Salters and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 9, 1999
The Minutes of the Regular Council Meeting of August 9, 1999 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Salters and bore the written approval of Mayor Hutchison.
PROPOSED RESOLUTION - 300th ANNIVERSARY OF THE COURTS OF KENT COUNTY
By motion of Mrs. Malone, seconded by Mr. Carey, the following Resolution was unanimously adopted (and read into the record):
WHEREAS, on September 12, 1699, the Courts of Kent County first met in their then new court house on The Court House Square (now known as The Dover Green) in Dover which is the present location of the Kent County Court House; and
WHEREAS, ever since then the courts have met on The Dover Green in Dover and have been a critical part of the social and economic life of the City of Dover and Kent County; and
WHEREAS, the 300th Anniversary of the Court’s first meeting on The Dover Green provides a fitting opportunity to recognize and honor the courts, judges, attorneys, and employees on this important occasion and to express appreciation for the courts’ important role in our society and to the City of Dover, Kent County, and the State of Delaware.
NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF DOVER extend to the judges, attorneys and employees of the Courts of Kent County our warm appreciation for their dedicated service to the people of our City, County, and State.
ADOPTED: August 23, 1999
Mayor Hutchison presented the Resolution to The Honorable Maurice A. Hartnett, III, and Mr. Brad Eaby, President of the Kent County Bar Association. Justice Hartnett accepted the Resolution and relayed his appreciation for the recognition on behalf of the more than 400 employees involved with the courts.
PUBLIC HEARING/FINAL READINGS - PROPOSED ORDINANCES
A public hearing was duly advertised for this time and place to consider approval of a proposed zoning text amendment that creates a new zoning classification, Industrial Park Manufacturing Zone - Technology Center (IPM2). The Planning Commission recommended approval of the proposed amendments.
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the public hearing.
Council President Christiansen declared the hearing closed.
Mrs. Malone moved that the final readings of the proposed zoning text amendments be acknowledged by title only, seconded by Mr. Carey and unanimously carried.
Mrs. Malone moved for adoption of the following ordinances, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Leary absent). The first reading of the ordinances was accomplished during the Council Meeting of August 9, 1999.
Article 3 - District Regulations, Section 20A - Industrial Park Manufacturing Zone - Technology Center (IPM2)
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article 3 - District Regulations be amended by adding Section 20A - Industrial Park Manufacturing Zone - Technology Center (IPM2), as follows:
Article 3, Section 20A. Industrial Park Manufacturing Zone – Technology Center (IPM2)
20A.1 Uses Permitted. No building or premises shall be used and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following, and in accordance with performance standards procedure as set forth in Article 5, Section 8 and subject to site development plan approval as set forth in Article 10, Section 2:
20A.11 Manufacturing, assembling, converting, altering, finishing, cleaning, cooking, baking or any other type of manufacturing, industrial, or technological processing of any goods, materials, products, instruments, appliances, biotechnology, and devices, provided that the fuel used shall be oil, gas or electricity; together with incidental clinics, cafeterias and recreational facilities for the exclusive use of employees of the concern engaged in such undertaking.
20A.12 Research, design, testing and development laboratories.
20A.13 Offices for corporate support operations for financial services, insurance, and health care industries.
20A.14 Agricultural or farm uses as defined and permitted in Article 3, Section 1.11.
20A.2 Uses Prohibited. The following uses are specifically prohibited:
20A.21 Residences, except those existing at the time of adoption of this amendment.
20A.22 Manufacturing uses involving primary production of the following products from raw materials: Asphalt, cement, charcoal, and fuel briquettes. Chemicals: Aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, and carbon black and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates (manufactured and natural) of an explosive nature, potash, and synthetic resins, pyroxylin, rayon yarn, and hydrochloric, nitric, phosphoric, picric, and sulphuric acids: Coal, coke, and tar products including gas manufacturing; explosives, fertilizers, glue, and size (animal). Linoleum and oil cloth; matches, paint, varnishes, and turpentine. Rubber (natural or synthetic); soaps, including fat rendering.
20A.23 Storage and Warehousing, except that which is incidental to the primary use on the lot.
20A.24 The following processes: Nitrating of cotton or other materials; magnesium foundry; reduction, refining, smelting, and alloying of metal or metal ores; refining secondary aluminum, refining petroleum products, such as gasoline, kerosene, naphtha, lubricating oil; distillation of wood or bones; reduction and processing of wood pulp and fiber, including paper-mill operations.
20A.25 Operations involving stock yards, slaughter houses, and slag piles.
20A.26 Storage of explosives. Bulk or wholesale storage of gasoline above ground.
20A.27 Dumps.
20A.28 Quarries, stone crushers, screening plants, and storage of quarry screenings, accessory to such uses.
20A.29 Junkyards, automobile dismantling plants or storage of used parts of automobiles or other machines or vehicles or of dismantled or junked automobiles.
20A.6 Site Development Plan Approval Site development plan approval, in accordance with Article 10, Section 2 hereof, shall be required for either conventional individual lot development or planned industrial park development of land zoned IPM prior to the issuance of building permits for the erection or enlargement of all structures and prior to the issuance of certificates of occupancy for any change of use.
20A.7 Performance Standards. All uses are subject to performance standards as set forth in Article 5, Section 8.1.
Article 4 - Zoning Bulk and Parking Regulations, Section 4.16 - M, IPM Zones
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article 4 - Zoning Bulk and Parking Regulations be amended by deleting Section 4.16 in its entirety and inserting in lieu thereof the following:
Article 4, Sec. 4.16. M, IPM Zones.
Bulk and parking regulations for Industrial Zones in M and IPM:
|
For All Permitted Uses |
M |
IPM (Conventional Planned) |
IPM (Planned Industrial Park) |
IPM2 (Technology Center) |
|
Lot Area |
½ acre |
2 1/2 acres |
2 1/2 acres average; 60,000 sq. ft. minimum |
50 acres |
|
Lot Width (ft.) |
100 |
200 |
150 |
200 |
|
Lot Depth (ft.) |
150 |
300 |
250 |
300 |
|
Front Yard (ft.) |
40 |
60 |
60 |
60 |
|
Side Yard (ft.) |
20 |
40 |
40 |
40 |
|
Rear Yard (ft.) |
20 |
40 |
40 |
40 |
|
Side or Rear Yard which adjoins a Residential Zone (ft.) |
50 |
100 |
100 |
100 |
|
Off-Street Parking Space, Per 800 sq. ft. of floor area |
1 |
1 |
1 |
1 |
|
Per employee, per largest working shift (if greater than the requirement under the floor area calculation) |
1 |
1 |
1 1/4 |
1 |
|
Maximum Permitted: Building Height |
|
|
|
|
|
Stories |
2 |
No limit |
2 |
No limit |
|
Feet |
35 |
Equal to distance to nearest lot line |
35 |
Equal to distance to nearest lot line |
|
Floor Area Ratio |
0.5 |
0.5 |
0.5 |
0.5 |
ADOPTED: August 23, 1999
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on August 9, 1999 with Councilman Leary presiding in the absence of Chairman Salters.
1999 Zoning and Subdivision Code Amendments
In an attempt to address certain problems evolving in the City, to update the City Code in accordance with current practices or laws, or to provide clarification or streamline existing codes, staff submitted several zoning ordinance amendments for consideration.
Prior to review by the Planning Commission, draft amendments were reviewed by local architects, engineers, and the Chamber of Commerce. As a result, several changes were made to the draft amendments. With the exception of amendment #7, relative to business hours of operation, the Planning Commission recommended approval of the proposed zoning text amendments.
The committee recommended approval of the proposed zoning text amendments, as recommended by the Planning Commission. (It was noted that the recommendation does not include amendment #7).
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mrs. Malone and unanimously carried. (The First Reading of the ordinances will take place during the latter part of the meeting).
Discussion - Quarterly Open Town Meetings
Mayor Hutchison submitted a request for the four (4) Quarterly Open Town Meetings to be discontinued and that two (2) Open Town Meetings be held each year at the discretion of the Mayor. He explained that the Quarterly Open Town Meetings are currently scheduled to be held four (4) times per year on the first Monday in February, May, August, and November. On several occasions, the May meeting has been canceled due to the conflict with the Annual Council Meeting and the August meeting has been canceled due to summer vacation schedules.
Committee members were provided with copies of minutes whereby previous discussion was held with regards to consideration of the discontinuation of the Quarterly Open Town Meetings when the 15-Minute Open Forum Segment was established. Over the years, the format of these meetings has changed mainly because of the lack of citizen participation. It was noted that previous Mayors had also relayed concerns regarding the necessity and costs for continuing to hold Quarterly Open Town Meetings. It was also noted that there are no Code or Charter requirements regarding Quarterly Open Town Meetings. The only mention of the meetings is within Section 9 of the Charter which indicates that “The Mayor shall preside over the annual meeting and quarterly town meetings,...” and Section 14 “...the council president shall preside at all meetings of the council with the exception of the annual meeting and quarterly town meetings which shall be presided over by the mayor...”.
During the committee meeting, Mr. Leary stated that the change is evolutionary in nature, explaining that since the Open Forum at each Council Meeting has been instituted, the need for the Quarterly Open Town Meetings has been alleviated. He felt that the request of the Mayor will result in a positive image, explaining that the cancellation of meetings can be perceived as a negative act. Allowing the Mayor to call an open meeting at his discretion will provide an additional means for the public to address Council regarding controversial matters that are being brought before the City.
The committee recommended approval of the request that the four (4) Quarterly Open Town Meetings be discontinued and that two (2) Open Town Meetings be held each year at the discretion of the Mayor, as requested by Mayor Hutchison.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mrs. Malone and unanimously carried.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mrs. Malone and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on August 9, 1999 with Councilman Weller presiding in the absence of Chairman Lambert.
Bid - Electric Stock Materials
The Electric Department uses many items for maintenance and extensions. Staff prepared a list of frequently used items, totaling 663, and solicited bids. The City has been purchasing electric stock material through a blanket bid process for several years. It has proven to be very cost effective as vendors will guarantee their bid price for materials during the entire year.
Upon evaluation, staff recommended awarding the bids as follows:
Consolidated Electric - $ 12,809.16
Dixie Electric Supply - 254,800.10
National Transformer - 25,125.00
Rigby Electric Supply - - 53,192.93
Tecot Electric - 13,319.72
Tristate Electrical - 7,525.02
Vanyo Supply - 583,572.88
Wesco - 1,824,049.21
Funding is available in the Electric Transmission/Distribution and Engineering Departments’ budgets. Material quantities are estimated on projected usage and only needed materials will be ordered and paid for accordingly. Mr O’Connor stated that the bids are based on an estimated maximum amount of purchases to be made from that vendor based on historical purchases.
The committee recommended approval of staff’s recommendation.
Mr. Lambert moved for approval of the committee’s recommendation for the purchase of electric stock materials from vendors as indicated. The motion was seconded by Mrs. Malone and carried by a unanimous roll call vote (Mr. Leary absent).
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Carey and unanimously carried.
MONTHLY REPORTS - JULY 1999
By motion of Mr. Salters, seconded by Mrs. Malone, the following monthly reports were accepted by consent agenda:
Chief of Police Report
Planning and Inspections Report
City Assessor Report
City Clerk/Alderman Report (Fines)
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
Responding to Mr. Weller, Mr. O’Connor stated that the City has both an arborist crew and electric tree trimmers that perform tree trimming work; however, he explained that the electric tree trimmers simply trim trees and branches that are interfering with electric lines. The arborist crew is concerned with maintaining and beautifying our trees.
Mrs. Malone moved to accept the City Manager’s Report, seconded by Mr. Carey and unanimously carried.
FIRST READING - PROPOSED ORDINANCES
Mrs. Malone moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Carey and unanimously carried. Since these are amendments to the Zoning Code, a public hearing is required. It is recommended that a public hearing be set for September 13, 1999, at 7:30 p.m. and that the Final Reading take place at that time. 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 September 13, 1999.
Mrs. Malone moved for acknowledgment of the first reading of the following proposed ordinances, by title only, and that a public hearing be set for September 13, 1999 at 7:30 p.m. The motion was seconded by Mr. Carey and unanimously carried:
►Article 12 - Definitions, Building, Paragraph (f) and Floor Area
►Article 5 - Supplementary Regulations, Section 7 - Supplementary Regulations Applying to All Non-residential Zones, Subsection 7.4
►Article 5 - Supplementary Regulations, Section 18 - Sidewalk Requirements, Subsections 18.1 and 18.2
►Article VI - Subdivision - General Requirements and Design Standards, Section B -Sidewalks
►Article 6 - Off-Street Parking, Driveways, and Loading Facilities, Section 3 - Required Off-Street Parking Spaces, Paragraph 3.6
►Article 3 - District Regulations, Section 16 - Highway Commercial Zone (C-4), Subsection 16.4
►Article 6 - Off-Street Parking, Driveways, and Loading Facilities, Section 4 - Required Off-Street Loading Berths
►Article 3 - District Regulations, Section 27 - Corridor Overlay Zone 1 (COZ-1), Subsection 27.59
►Article 6 - Off-Street Parking, Driveways, and Loading Facilities, Section 5 - Supplementary Regulations for Parking and Loading Facilities, Subsection 5.42
►Article 3 - District Regulations, Section 27 - Corridor Overlay Zone 1 (COZ-1), Subsection 27.53
►Article 5 - Supplementary Regulations, Section 7 - Supplementary Regulations Applying to All Non-residential Zones, Subsections 7.2 and 7.3
►Article 5 - Supplementary Regulations, Section 16 - Tree Planting and Preservation
►Article 5 - Supplementary Regulations, Section 6 - Supplementary Regulations Applying to All Zones Other Than Single-Family Residence Zones, Subsection 6.1
►Article 4 - Zoning Bulk and Parking Regulations, Section 4.15 (C-3, C-4, R-C, and IO Zones)
Mrs. Malone moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:04 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of August 23, 1999, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/JG