SPECIAL COUNCIL MEETING
A Special Council Meeting was held on December 13, 1995 at 6:15 p.m., with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Fenimore, Mr. Salters and Mr. Hare.
Council staff members present were Mr. O'Connor and Mrs. Green.
AGENDA ADDITIONS/DELETIONS
Mr. Salters requested the addition of item #2C, Transfer of Bond Funds. Council President Christiansen requested the addition of item #3, First Reading and Setting of Public Hearing - Proposed Zoning Text Amendments, and item #4, Remarks of Mayor Hutchison.
Mr. Leary moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on December 13, 1995 with Chairman Salters presiding.
Request for Proposed Awning - Irish Mike's Old Towne Pub
Members considered a request for an awning in front of Irish Mike's Old Towne Pub, which is a two (2) story masonry building located at 107 West Loockerman Street. In accordance with Chapter 19, Section 19-6.1 of the Dover Code, awning additions which encroach into the public right-of-way are only permitted upon review of the Planning Commission and approval of City Council.
Mr. DePrima, City Planner, advised members that the request is for the installation of an illuminated awning to be situated across the front of the building and projecting over the main entry into the building. The proposed awning is planned to be established at eight feet (8') above the grade of the sidewalk and would project four feet (4') off of the face of the building and two feet (2') into the right-of-way of Loockerman Street. The portion of the awning which would encroach into the right-of-way measures 2' x 6.67' and would be situated over the sidewalk.
After review of the proposal and site visit to the existing building, staff concluded that the first floor level of the front of the building has been altered over the years and exhibits very little distinguishing features. The proposed awning would act to provide color and visual interest and would accentuate the doorway as the focal point of the building facade. For these reasons, the Planning Commission recommended approval of the proposed awning addition as requested with the condition that the awning maintain a clear height of at least seven-and-one-half feet (7½') from sidewalk grade.
The committee recommended approval of the proposed awning addition as recommended by the Planning Commission.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Hare and unanimously carried.
Proposed Zoning Ordinance Amendments
The City Planner, Mr. Tony DePrima, presented members with several miscellaneous zoning text amendments. The proposed amendments are in conjunction with staff's on-going effort to modernize, clarify, and streamline the City's regulations, as follows:
► Amendments #1 - #5 are intended to uniformly regulate the expiration and extension of site plans, conditional uses, architectural review certificates, and subdivision approvals. Under this proposal, all approvals will expire in one year but may be extended if properly applied for and approved by the Planning Commission.
► Amendments #6 - #10 are intended to permit the Planning Commission authority to extend the period for which it may consider an application beyond forty-five (45) days, if the applicant consents to an extension. Currently, if further study is needed or if major revisions are required, the applicant must withdraw the application.
► Amendment #11 adds "proposed and impacted streets" and their "capacity" to the list of what can be considered an "objective" when reviewing a site development application with regard to safety and convenience of vehicular and pedestrian traffic. This gives the Planning Commission greater authority to consider traffic issues when reviewing a site plan.
► Amendments #12 - #13 brings the public notice requirements for rezonings into one section and sets additional standards for the type of public notices and hearings required when the zoning map and text are changed as a result of a new, revised or amended Comprehensive Plan.
► Amendments #14 - #18 are intended to amend the RG-3 (Townhouse) zoning requirements so that they are more flexible and can accommodate the needs of a "neo-traditional development" as is being proposed by the Overlook at Silver Lake.
► Amendment #19 adds decks to the list of improvements that can be built in the setback areas around water bodies, as long as no more than 200 sq. ft. "in total" is constructed.
► Amendment #20 requires uniform fencing in rear lots adjacent to major roads.
Mr. DePrima assured members that the Planning Commission has reviewed the proposed amendments and recommended their approval.
Mr. Fenimore referred to the proposed Amendments #14 - #18 and reminded members of previous discussions regarding the possibility of down zoning and amending the RG-3 zoning code to remove the form of titling from RG-3. Responding, Mr. DePrima stated that there has been case law whereby the form of ownership is not to be taken into consideration for development. There was some discussion of obtaining a legal opinion regarding such a provision. Mr. DePrima assured members that he will contact the City Solicitor to review this matter for the possibility of an ordinance amendment.
Mr. DePrima requested that, at this time, members recommend approval of the proposed ordinance amendments #14-#18 as submitted. If, as a result of the opinion from the City Solicitor, further amendments are necessary, they will be presented to the Planning Commission for review and recommendation.
The committee recommended adoption of the proposed zoning text amendments and that a public hearing be set for January 8, 1996.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Hare and unanimously carried. (The First Reading of the proposed ordinances will take place during the latter part of the meeting).
Transfer of Bond Funds
During their Regular Meeting of August 9, 1993, members of City Council adopted a Resolution authorizing the issuance and sale of Water and Sewer Revenue 1993 (Series A) Bonds. This bond issue was for the purpose of financing capital project improvements for the City's Water and Waste Water Facilities. Included in the Resolution was a listing of the capital projects and their estimated costs, which indicated an amount of $63,000 for the U.S. 113 Sewer Main Project.
Mr. O'Connor reminded members that bids were solicited for the U.S. 113 Sewer Main Project and that the low bid received was in the amount of $82,169.41. During the Regular Council Meeting of August 22, 1994, Council rejected the bid based on the amount of the low bid and priority of the project. According to the City's Finance Director/Treasurer, Mr. Karia, it is necessary to utilize that portion of the water/sewer bond money that was earmarked for this project on some other improvement project for the City's water and wastewater facilities.
Mr. O'Connor noted that the Kenton Road Water Main Upgrade Project has recently become critical. Therefore, staff recommended that the monies designated for the U.S. 113 Sewer Main Project in the amount of $63,000 be reappropriated for the Kenton Road Water Main Upgrade Project.
The committee recommended that the portion of the water/sewer bond money designated for the U.S. 113 Sewer Main Project, in the amount of $63,000, be reappropriated for the Kenton Road Water Main Upgrade Project.
Mr. Hare moved for approval of the committee's recommendation, seconded by Mrs. Malone and carried by a unanimous roll call vote.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
FIRST READING - PROPOSED ORDINANCE (ZONING CODE AMENDMENTS)
Mr. Hare moved to waive the reading of the proposed zoning text amendments before Council, seconded by Mr. Leary 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. Since these are amendments to the Zoning Code, a public hearing will be held on January 8, 1996 and the second reading and final action by Council will take place at that time.
Mr. Hare moved for acknowledgement of the first reading of the following proposed ordinances, by title only, seconded by Mr. Leary and unanimously carried:
A. Art. 10, Sec. 1, Subsection 1.60 - Expiration of Planning Commission Approval
B. Art. 10, Sec. 2, Subsection 2.491 - Expiration of Planning Commission Approval
C. Art. 10, Sec. 3.2, Subsection 3.23(g) - Expiration of Architectural Review Certification
D. Art. IV, Sec. C, Subsection 2 - Subdivision Procedure - Plat
E. Art. IV, Sec. C, Subsection 10 - Subdivision Procedure - Plat
F. Art. 10, Sec. 1.5, Subsection 1.56 - Approval of Conditional Uses - Procedure
G. Art. 10, Sec. 2.4, Subsection 2.48 - Site Development Plan Approval - Procedure
H. Art. 10, Sec. 3.4, Subsection 3.25(e) - Historic District Commission and Architectural Review - Time to Act
I. Art. IV, Sec. C, Subsection 4 - Subdivision Procedure - Plat
J. Art. IV, Sec. B, Subsection 5 - Subdivision Procedure - Preliminary Layout
K. Art. 10, Sec. 2, Subsection 2.21 - Site Development Plan Approval
L. Art. 10, Sec. 5, Subsection 5.12 - Site Development Plan Approval - Amendments
M. Art. 10, Sec. 5, Subsection 5.13 - Site Development Plan Approval - Amendments
N. Art. 4, Sec. 4.4 - Zoning Bulk and Parking Regulation - RG-3 Zone
O. Art. 5, Sec. 5 - Supplementary Minimum Side Yard Requirements
P. Art. 5, Sec. 5 - Exception to Front Yard Requirement
Q. Art. 5, Sec. 5 - Distance Between Building Groups
R. Art. 5, Sec. 5 - Minimum Lot Areas for Single Family Homes
S. Art. 5, Sec. 11, Subsection 11.13 - Water Bodies and Wetlands
T. Art. 5, Sec. 1, Subsection 1.8 - buffers Along Arterial Streets
REMARKS OF MAYOR HUTCHISON
Mayor Hutchison stated that during the past two years, the fate of the power plant has been contemplated and that the process of determining whether to sell the plant or look towards a partnership with some other entity was long and tedious. It was his feeling that the decision made by Council during the Special Council Meeting on December 12, 1995 was one of the most, if not the most, important decision Council has had to make.
Mayor Hutchison commended members for the way in which the process was handled and for the commitment shown regarding this issue. The final decision, to choose a partnership with Duke/Louis Dreyfus, was based upon all the facts and information discussed at hearings and in his opinion was the best choice. Mayor Hutchison felt assured that Duke/Louis Dreyfus will give flexibility to meet the ever changing climate of the electric utility industry and will allow us to move into the 21st Century with an opportunity to be a major player in the electric generation business.
Mrs. Malone moved for adjournment, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 6:30 P.M.
JANICE C. GREEN
ASSISTANT CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of December 13, 1995, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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