REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 28, 1994 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Hutchison, Mr. Salters and Mr. Hare.
Council staff members present were Chief Smith, Mr. O'Connor, Mr. DePrima, Mrs. Boaman and Mr. Pepper.
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 Pastor James Kiger.
Mrs. Nancy Lambert, Third Grade Teacher at Allen Frear Elementary School, brought five students, who are studying City government, to the Council Meeting. The students (Billy Hamm, Courtney Davis, Tamera Bialota, Lee Askin and Darren Scott) led Council in the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hare requested the addition of agenda item #1A to consider adoption of an Anti-Crime Resolution. Mr. Leary requested the addition of agenda item #2D to consider approval of the City Manager's salary level.
Mr. Hutchison moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 14, 1994
The Minutes of the Regular Council Meeting of March 14, 1994 were unanimously approved by motion of Mr. Lambert, seconded by Mr. Salters and bore the written approval of Mayor Knopf.
PROCLAMATION - MILITARY RETIREE APPRECIATION DAY
The City Clerk read into the record the following Proclamation:
WHEREAS, the Military Retiree, is an integral part of the Dover Community; and
WHEREAS, these outstanding citizens have devoted the major portion of their lives to the preservation of our heritage and freedom; and
WHEREAS, on April 9, 1994 these patriots of Dover and many other communities will gather at Dover Air Force Base.
NOW, THEREFORE, BE IT KNOWN THAT I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim that Saturday, April 9, 1994 be known as, "MILITARY RETIREE APPRECIATION DAY" in the City of Dover and urge the citizens of this City to honor these members of the community on this their day.
PROCLAMATION - PERFECT ATTENDANCE MONTH
The City Clerk read into the record the following Proclamation:
WHEREAS, an alarming number of our students do not graduate from high school and we can no longer afford to ignore the issue; and
WHEREAS, our economic welfare, social ethics, and community atmosphere hinge upon the thesis of education and knowledge for all the children of all the people; and
WHEREAS, in keeping with the First State Plan, Delaware 2000, and New Directions, the Capital School District is promoting a drop-out prevention/attendance improvement project; and
WHEREAS, one of the objectives of the project is: "to help students recognize that education is critical for success in life and to ensure their graduation"; and
WHEREAS, it is necessary that we review our commitments to helping students reach for high goals and aim for high achievements; and
WHEREAS, parents, churches, businesses, and the community are charged with the task of serving as role models for our youth, to help them stay in school and succeed.
NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim APRIL 1994, as PERFECT ATTENDANCE MONTH and call on the entire city to offer their help in encouraging our students to attend school, stay in school and graduate from high school.
Mayor Knopf presented the Proclamation to Dr. John Leone, Supervisor of Pupil Personnel Services, and Ms. Geraldine Jones, Visiting Teacher, on behalf of the Capital School District.
PROCLAMATION - DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST
The City Clerk read into the record the following Proclamation:
WHEREAS, six million Jews were systematically murdered by Nazi Germany and their collaborators from 1933 to 1945, as well as hundreds of thousands of Sinti and Roma (Gypsies) and the handicapped; millions of Poles, religious and political dissidents, and those deemed by the Nazis to be "unworthy of life" were swept into this abyss; and
WHEREAS, all citizens of the United States should remember the atrocities committed by Nazi Germany and their collaborators and recognize that each of us must remain vigilant against tyranny; and
WHEREAS, Friday, April 8, 1994, has been designated, pursuant to an Act of Congress, as a Day of Remembrance of the Victims of the Holocaust, known internationally as Yom Hashoah; and
WHEREAS, it is appropriate for the citizens of the City of Dover to join in this commemoration with the United States Holocaust Memorial Museum, this nation's center for learning and remembrance of the Holocaust.
NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the week of Sunday, April 3 , 1994 through Sunday, April 10, 1994, as DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST in memory of those victims and in the hope that we will strive, as a nation and individually, to overcome prejudice and inhumanity through education, vigilance and tolerance.
ALLEY ABANDONMENT - MATTHEW SMITH - UNIMPROVED ALLEY RUNNING PARALLEL TO W. DIVISION STREET
A public hearing was held on March 14, 1994 to consider abandonment of an unimproved alley running parallel to W. Division Street and intersecting N. Kirkwood Street on the east side. In order to make an addition to his house, Mr. Matthew Smith requested abandonment of the alley to afford the additional property needed to fulfill the City's setback requirements. During the public hearing, a representative of the Holy Tabernacle Church questioned the need for an alley abandonment, stating that there was no alley shown on their deeds. Council tabled action on the matter to afford staff an opportunity to review the legality of the alley and the surrounding deeds.
Mr. Hutchison moved that the matter be removed from the table, seconded by Mr. Leary and unanimously carried.
Mr. DePrima stated that research has revealed that there is indeed a 20' unimproved alley. A deed and title search by the City Assessor revealed that previous deeds referred to the alley. Although subsequent deeds did not mention the alley, the legal description of affected properties included the alley. The matter has been fully explained to the surrounding property owners.
Mr. Salters moved for approval of the request to abandon the alley. The motion was seconded by Mrs. Malone and by a unanimous roll call vote, Council adopted the following Resolution:
A RESOLUTION VACATING AND ABANDONING 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 hereby vacates and abandons the following alley:
ALL that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, a public alley running east to west, lying on the easterly side of Kirkwood Street between Fulton Street and Division Street and the alley parallel to Division Street, being 20 feet wide and approximately 145.5 feet in length, comprising 2,910 square feet, more or less.
Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid alley, no compensation is awarded.
Section 3. The City shall retain a utility easement for the entire length and width of the aforesaid alley and all costs of conveyance shall be borne by the property owners.
Section 4. This resolution shall be effective upon the filing of a revised plot plan of the aforesaid alley.
ADOPTED: March 14, 1994
RECONSIDERATION OF REZONING - PROPERTY LOCATED ON NORTH SIDE OF ROUTE #8 - VILLAGE BUILDERS AND JANE MASSEY DRAPER
During the Council meeting of February 28, 1994, Council considered a request for a 30 day extension on reconsideration of rezoning of property located on the north side of Route #8, owned by Village Builders and Jane Massey Draper.
In accordance with Article 10, Section 5.183 of the Zoning Code, if a project does not move forward towards completion within one year from rezoning, or if adequate explanation is not given as to why the construction did not occur, the matter must be placed on Council's agenda for consideration of reverting the parcel to its previous zoning classification. Property located on the north side of Route #8, owned by Jane Massey Draper and Village Builders, was rezoned from R-10 (Single Residence) to R-8 (Single Residence) on January 11, 1993. Since one year has elapsed and construction has not begun, the owners were notified that the matter would be placed on the Council agenda for action.
During the meeting of February 28, 1994, Council considered a letter from R. Brandon Jones, attorney representing the owners, requesting that Council delay any action for 30 days. Mr. Jones explained that progress on the development was progressing forward with no problems until the summer of 1993 when it was discovered that the official designated 100 year flood line virtually made the development economically unfeasible. However, it was discovered that the official designated line did not correspond with the actual 100 year flood line. Having the line officially changed took up valuable time and caused the entire project to lose approximately six months. Also, the delay has further complicated the project by increasing costs dramatically. Mr. Jones felt that the matter could be resolved within 30 days. They, therefore, requested that Council delay action on the zoning classification.
Mr. DePrima reminded Council that if the zoning is reverted to its previous classification, the developers could develop it under the previous R-10 zoning classification. It was felt by the Planning Commission that the development would better serve the community as a PUD under the R-8 zoning classification.
Council approved the request for a 30 day delay on the zoning classification of property located on Route #8, owned by Jane Massey Draper and Village Builders.
A new letter, dated March 15, 1994, was received requesting an additional extension through the end of September 1994. Mr. Jones explained that the owner and developer are continuing with their plan but that the many delays have caused additional technical improvements. Until the parties finish the details of their new agreement and the engineering is finalized, the project cannot be commenced.
Mr. DePrima recommended that Council approve a one year extension, to expire on January 11, 1995, for this project.
Responding to Mr. Lambert, Mr. Greg Scott of Scott Engineering explained that the City requested that they perform a 100 Year Flood Study. The Federal Emergency Management Agency (FEMA) has information showing the approximate flood boundary for the 100 Year Storm. The boundaries are approximate since many areas in the City are designated as a zone that does not have an elevation tied to the 100 Year Flood boundary. In order to obtain a more accurate line, a detailed flood study and hydrologic analysis needed to be performed over the waterway on the property. This would establish what the actual 100 year flood elevation would be and ultimately establishes the revised boundary for the 100 Year Flood Plan. This information is submitted to the City for review and is then forwarded to FEMA for their review and approval. This process can take a considerable amount of time and is one of the reasons for the project delay.
Realizing that this project can take place under either zoning classification, Mr. Lambert reiterated his concern with permitting development in areas where infrastructure is not sufficient to support the increased development.
Based upon the recommendation of the City Planner, Mr. Salters moved to grant a one year extension on the zoning classification, to expire on January 11, 1995, for the property located on the north side of Route #8, owned by Village Builders and Jane Massey Draper. The motion was seconded by Mr. Hare and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Lambert) and one (1) absent (Mrs. Malone).
LEGISLATIVE AND FINANCE COMMITTEE FINANCE COMMITTEE REPORT
The Legislative and Finance Committee Finance committee met on March 15, 1994 with Chairman Salters presiding.
Report - Citizens Committee - Remuneration of Elected Officials
As requested by City Council, a committee of citizens appointed by Council President Christiansen, reviewed the remuneration level of the Mayor and City Council. Mr. Joe McDaniel, Chairman of the Citizens Committee, explained that the committee reviewed salary levels of other cities of similar population, form of government, and levels of responsibility. The Citizens Committee recommended that the salary level for the Mayor be set at $5,000 annually and the Mayor be allocated an expense account of up to $5,000 to be used for payment of expenses, with receipts or proper documentation, stipulating that expenses in excess of the $5,000 cap be permitted only by Council approval. The Committee also recommended that the salary level of City Council remain as it is currently set.
Responding to Mr. Hare, Mr. McDaniel stated that although the committee reviewed the salary level of City Council, they did not discuss reimbursement of expenses incurred by Members of Council. Mr. Hare felt that Members of City Council, along with the Mayor, should be reimbursed for expenses. As an example, he explained that as a part of the interview process for the City Manager, two members of Council visited Florida for four (4) days. Although expenses such as hotel, meals, airline tickets, and other miscellaneous expenses were reimbursed by the City, he incurred a loss of wages and vacation time.
Mr. Pitts suggested that consideration be given to reimbursing Members of Council for their attendance during committee meetings.
Mr. McDaniel stated that the Committee felt that Mayor and Members of Council should be able to perform their duties without out-of-pocket expenses. He explained that he was not aware of Council having such expenses and suggested that the committee reconvene to review the concept of Council's reimbursement of expenses.
There was some concern with the Mayor and City Staff having a conflict with interpreting the requirement of providing receipts or proper documentation. Noting that it could be impossible to obtain a receipt for every expense, Mr. McDaniel felt that proper documentation could be a note from the Mayor.
Concurring, Mr. Leary felt that the term "proper documentation" would maintain a reasonable amount of flexibility. As an example, should the Mayor be required to drive to Wilmington for an appointment, there would be some mileage and time involved for which a receipt could not be provided. Mr. Lambert felt that the citizens of Dover would hold the Mayor accountable.
The committee recommended acceptance of the Citizens Committee report to be presented to Council for approval and that Section 2-70 of the City Code be amended to comply with the recommendation.
Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Leary.
Mr. Tudor voiced concern with amending the remuneration level to the Mayor before determining exactly what the Mayor's duties will be. He moved to table action on the matter to allow further review by Council of the duties and responsibilities of the Mayor. The motion was seconded by Mr. Hare and carried by a vote of six (6) yes, two (2) no (Mr. Leary and Mr. Salters) and one (1) abstention (Mr. Hutchison).
Mr. Hare voiced his opinion that all aspects of the proposal (including remuneration levels of Mayor and Council, and proposed legislation to amend the Charter on City structure) should be voted upon as a complete package. Mr. Leary voiced his hope that this matter will be voted upon in the very near future so that Council can move on to other issues.
Mr. Salters stated that as soon as the Remuneration Committee has met and made a recommended remuneration level for City Council, the entire package will be scheduled for review by the Legislative and Finance Committee.
Miscellaneous Zoning Text Amendments
City Planner, Mr. Anthony DePrima, presented committee 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. Although there is no particular theme to the proposed amendments, Mr. DePrima advised members that several are designed to encourage our central area re-development efforts. He assured members that the proposed amendments have been reviewed by the Planning Commission and that copies were provided to area architects, engineers, land surveyors and realtors for comments. Minor adjustments were made as a result of the comments from the Planning Commission and the development community.
The committee recommended approval of the proposed zoning text amendments. Since these are amendments to the Zoning Code, a public hearing is required. It is recommended that the public hearing be held during the second reading of the proposed ordinances on April 25, 1994.
Mr. Salters moved for approval of the committee's recommendation and that a public hearing be set for April 25, 1994. The motion was seconded by Mr. Leary and unanimously carried. (The first reading of the ordinance will take place during the latter part of the meeting.)
Mayoral Appointments (Comments by Mayor Knopf)
Mayor Knopf relayed his concern with Members of Council's recent discussion of the possibility of changing terms for appointments made by the Mayor. As the terms of committees, commissions, etc., are currently set, it would be very difficult for any Mayor to create a leverage base in making the Mayor's position more secure. Mayor Knopf advised members that he has functioned under the appointments that were made by Mayor John Richter for the past two years with absolutely no adversity. He stated that the appointments he has made have been referrals and that no one has been a personal or social friend or business associate. Mayor Knopf felt that if terms were to be changed to coincide with the election, the appointed positions would be politicized similar to the Governor of the State of Delaware and urged Council to maintain the current terms of Mayoral appointments.
There was no action taken by Council.
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 March 15, 1994 with Chairman Lambert presiding.
Abandonment - Starlifter Avenue and Galaxy Drive - Kent County AeroPark
The committee considered a request for abandonment of Starlifter Avenue and Galaxy Drive, located in the Kent County AeroPark. Mr. DePrima, City Planner, informed members that the portions of the streets to be abandoned are a part of the AeroPark development that will be deeded to Sunroc Corporation for the construction of the facility.
Mr. DePrima advised members that the streets were originally designed to serve a subdivision layout that is no longer being considered for development. He noted that abandonment of the streets would not present any future problems from a planning perspective and that abandonment is required to accommodate the Sunroc Corporation's new facility. The Planning Commission recommended abandonment of Starlifter Avenue and Galaxy Drive.
The committee recommended abandonment of Starlifter Avenue and Galaxy Drive, contingent on the property being deeded to Sunroc Corporation.
Mr. Lambert moved for approval of the committee's recommendation. The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following Resolution:
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A CERTAIN STREETS 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 streets:
ALL that certain tract, piece, or parcel of land, Galaxy Drive and a portion of Starlifter Avenue, situated in the City of Dover, Kent County, State of Delaware, Galaxy Drive lying on the northerly side of Horsepond Road and the westerly side of Starlifter Avenue, perpendicular to Starlifter Avenue being 60 feet wide and approximately 480 feet in length, comprising 28,800 square feet, more or less; a portion of Starlifter Avenue, lying on the northerly side of Horsepond Road and the easterly side of Galaxy Drive being 60 feet wide and approximately 770 feet in length, comprising 46,200 square feet, more or less.
Section 2. The Council of the City of Dover will sit on Monday, April 11, 1994, 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 and to publish the same in a local newspaper published in said City.
ADOPTED: March 28, 1994
Evaluation of Bids - Curb Replacement Program
In conjunction with the City's Capital Improvements Plan, it was proposed to remove and replace approximately 3,223 lineal feet of existing curb on streets scheduled for resurfacing. Funding for this project will be provided by a Suburban Street Aid Grant. Mr. O'Connor advised members that funding was received for the following streets:
Baker Turn Frear Drive Sussex Avenue
Blue Beach Drive Konschak Avenue Woodburn Circle
Boggs Drive Mayberry Lane
Staff recommended awarding the bid to the low bidder, Shorts Enterprises, Inc., in the amount of $82,647.90. The Engineer's estimate was $76,896.50. Mr. O'Connor explained that the bids were higher than estimated due to the requirement of paying State Wage Rates when utilizing State money.
The committee recommended acceptance of staff's recommendation.
Mr. Lambert noted that Representative Bennett, Senator Torbert and Senator Still contributed the money for the reconstruction and resurfacing of the streets and he relayed appreciation to our legislators.
Mr. Lambert moved for approval of the committee's recommendation to award the bid to Shorts Enterprises, Inc. in the amount of $82,647.90. The motion was seconded by Mr. Hare and carried by a unanimous roll call vote.
Engineering Services - McKee Road Pumping Station - Construction
Staff has been negotiating with Whitman, Requardt and Associates, the design firm for the Mudstone Branch Sewer System, to provide engineering services during construction of the project. Whitman, Requardt and Associates proposed an agreement in the amount of $373,800 to cover both the McKee Road Pumping Station and Phase 1- Pipeline contracts. Upon review of the proposal, it was determined that existing City staff can handle the contract administration and inspection for the Phase 1 - Pipelines. The resulting contract with Whitman, Requardt and Associates for the Pumping Station contract is $251,500, as follows:
Construction Administration $ 84,300
Resident Inspection 141,900
Material Testing 4,000
Post Construction Services 21,300
Total $251,500
Updating members on the Mudstone Branch Project, Mr. O'Connor expressed his concern with the financial impact this project will have on the City. He reminded members that the cost of the project was increased substantially due to the re-alignment of the system. Mr. O'Connor stated that the engineer's estimate for completion of the project was between $9,000,000 - $10,000,000, which was presented to Council in January 1993. Noting that Council previously approved the project to be completed in one phase, Mr. O'Connor requested the opportunity to present recommendations for its completion in accordance with available funding. Mr. O'Connor stated that the Mudstone Branch Project is extremely important and assured members that the City should proceed with the McKee Run Pumping Station.
The committee recommended approval of the engineering agreement for construction services for the McKee Road Pumping Station with Whitman, Requardt and Associates for an amount not to exceed $251,500.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Salters.
Members of Council pointed out the importance of the City Manager's decision to utilize City staff to perform some of the work, resulting in a savings of $122,300 and conveyed their appreciation for his efforts.
Mr. Tudor requested an explanation of the City Manager's request for the opportunity to present recommendations for completion of the project in accordance with available funding. Mr. O'Connor explained that once we start the lift station and know exactly what that portion of the project will cost, we will know the amount of the remaining funds for other aspects of the project. Since the total project costs are so high, it is his feeling that we may be able to delay some of the lateral installations until they are truly needed. In the interim, we will have collected additional impact fees to assist in completion of the project. It is felt that the lift station will represent 10% to 15% of the total project costs, with the laterals to the lift station expected to take up the largest part of the project costs. Mr. O'Connor stated that if any of the project costs can be delayed, it would have to be in the lateral extensions.
On a call for the question on the motion by Mr. Hare, the motion to approve the committee's recommendation was carried by a unanimous roll call vote.
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Hare and unanimously carried.
MONTHLY REPORTS - FEBRUARY
Mr. Salters moved for approval of the following reports for the month of February, seconded by Mr. Leary and unanimously carried:
Chief of Police Report
Building Inspector and Fire Marshal Report
City Assessor Report
City Clerk/Alderman Report (Fines)
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
Referring to the City Manager's Report, Mr. Hutchison asked if the City of Dover will receive federal assistance to cover costs of the recent ice storm and if the total cost to the City is known at this time. Mr. O'Connor stated that the City's costs associated with the ice storm total approximately $911,000. It is anticipated that the City of Dover will be reimbursed 75% of this cost.
Mr. Hutchison moved for approval of the City Manager's Report, seconded by Mr. Salters and unanimously carried.
ANNUAL REPORTS - 1993
Inspections and Planning
City Planner, Anthony DePrima, submitted the 1993 Inspections and Planning Annual Report. Mr. DePrima pointed out that for the second year in a row, construction has continued to climb as can be seen by the increased numbers of permits and Planning Commission case reviews.
Mr. Lambert complimented Mr. DePrima on the report and moved for its acceptance. The motion was seconded by Mrs. Malone and unanimously carried.
Police Department
Chief Smith submitted the 1993 Police Department Annual Report, and complimented the members of the City Police Department on their work during the past year. Chief Smith highlighted that crime has decreased and he attributes this to the coordinated efforts of the Police Department and the community. He stated that the partnership between the Police Department and the community was initiated three to four years ago and that it is apparent that those efforts are beginning to pay off.
Members of Council relayed their sincere appreciation for the efforts of Police personnel. Special emphasis was made on the fact that the City of Dover's average of crime clearance is well above the national average for similar crimes. Mr. Lambert reminded Council that although the City spends a considerable amount of tax dollars on the Police Department, it is statistics such as these that make it worth the expenditure.
Mr. Hare moved for acceptance of the 1993 Annual Report of the Police Department, seconded by Mr. Salters and unanimously carried.
REZONING REQUEST - 131 S. KIRKWOOD STREET - JEFFREY & WANDA BOWERS
A request was received to rezone property located at 131 S. Kirkwood Street, owned by Jeffrey and Wanda Bowers. The property is currently zoned RG-1 (General Residence) and the requested zoning is C-2 (Central Commercial).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Leary, seconded by Mr. Salters, Council unanimously referred the request to the Planning Commission and set a public hearing for May 9, 1994 at 7:30 p.m. The first reading of the following proposed ordinance was accomplished by title only:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 131 S. KIRKWOOD STREET.
ANNEXATION/REZONING REQUEST - PROPERTIES LOCATED AT 1331 N. LITTLE CREEK ROAD (OWNED BY JAMES & ANN HOOVER), 173 NIXON LANE (OWNED BY VICTORIA HOOVER) AND 36 NIXON LANE (OWNED BY CYNTHIA RECORDS)
A request was received for annexation and rezoning of property located at 1331 N. Little Creek Road (owned by James & Ann Hoover), 173 Nixon Lane (owned by Victoria Hoover) and 36 Nixon Lane (owned by Cynthia Records). Staff recommended that the request be referred to the Utility Committee, that an annexation referendum be set for May 3, 1994 and that a public hearing be set for May 9, 1994.
Mr. Salters moved for approval of staff's recommendation. The motion was seconded by Mr. Leary 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 AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
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.
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 an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, 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 the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein:
1331 North Little Creek Road (Parcel #4)
ALL that certain lot, piece or parcel of land, with no improvements erected thereon, situated in East Dover Hundred, Kent County and State of Delaware, lying on the north side of the North Little Creek Road which leads from Dover to Little Creek, being bounded on the south by the North Little Creek Road, on the west by a dirt street laid out by Oscar A. Reed, the easterly line of said dirt street being parallel with and five hundred seventy-five (575) feet west of the center of Acorn Lane which runs between the North Little Creek Road and the White Oak Road, said lot being bounded on the north by other lands of James M. Hoover and wife and on the east by lands of Anna Trifillis.
(Parcel #5)
ALL that certain lot, piece or parcel of land situated in East Dover Hundred, Kent County, State of Delaware, lying at the Northwest intersection of the North Little Creek Road with a 30 feet wide street (Nixon Lane) which street runs about parallel with and about 385 feet West of Acorn Lane, being bounded on the South by said North Little Creek Road, on the West and North by lands formerly of Oscar Reed, now of James M. Hoover, on the East by said 30 feet wide street (Nixon Lane).
173 Nixon Lane (Parcel #6)
ALL that certain lot, piece or parcel of land situated in East Dover Hundred, Kent County and the State of Delaware, lying on the west side of Nixon Lane, a short distance north of Delaware Route #8 (North Little Creek Road), being bounded on the east of Nixon Lane, on the south by lands of James M. & Ann C. Hoover, on the west by Girl Scout Lane and on the north by lands of Cynthia S. Records, and being more particularly described in accordance with a survey by Earl D. Smith, Professional Land Surveyor, dated October 11, 1993.
36 Nixon Lane (Parcel #7)
ALL that certain lot, piece or parcel of land, situated in East Dover Hundred, Kent County and State of Delaware, lying on the West side of a 30 foot wide street laid out by Oscar A. Reed, which street runs in a Northerly direction from the North Little Creek road, and the West line of said 30 foot wide street runs about parallel with and about 400 feet West of the center of Acorn Lane, a dirt road leading from the North Little Creek Road to the White Oak Road, said lot being bounded on the East by said 30 foot wide street, on the South by other lands of the Grantors, on the West by lands of the heirs of Oscar A. Reed, deceased, and on the North by lands of Charles I. Griffith and wife.
2. That the election be held on the 3rd day of May, 1994 commencing at the hours of 11:00 a.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area 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 at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED: March 28, 1994
Mr. O'Connor informed Council that one of the above properties was experiencing a severe problem with their water system. He has extended water service to them prior to annexation of the property. The City works with DNREC on situations where annexations are pending and water service is needed immediately.
FIRST READING - PROPOSED ORDINANCES
Mr. Christiansen noted that action would not be taken on the first reading of a proposed amendment to Section 2-70(1) since City Council tabled action on this matter during the Legislative and Finance Committee Finance Committee Report.
Mr. Hare moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Lambert 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. A public hearing and final reading of the proposed ordinances will take place during the Council Meeting of April 25, 1994.
Mr. Hare moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Lambert and unanimously carried:
A. Article 5, Section 4.5 - Supplementary Sign Regulations
B. Article 12 - Definitions (Canopy Sign)
C. Article 5, Section 14.34 - Signs in all Residential Zones
D. Article 12 - Definitions (Radial Lot)
E. Article 12 - Definitions (Flood Hazard Area)
F. Article 5, Section 1.8 - Buffers Along Arterial Streets
G. Article 5, Section 7.3 - Buffers Along Arterial Streets
H. Article 6, Section 5.5 - Supplementary Regulations for Offices and Institutions in RG-O and IO Zones
I. Article 3, Section 9.4 - Off-Street Parking
J. Article 3, Section 10.31 - Off-Street Parking
K. Article 4, Section 4.14 - C-1, C-1A, C-2, and C-2A Zones
L. Article 3, Section 13.19 - Central Commercial Zone
M. Article 12 - Definitions (Shopping Center)
N. Article 3, Section 17.2 - Shopping Center Development (Eligibility)
O. Article 3, Section 17.31 - Shopping Center Development (Permitted Uses)
P. Article 3, Section 17.5 - Parking Spaces
Q. Article 3, Section 17.9 - Shopping Center Development (Procedure)
R. Article III - Definitions (Minor Lot Line Adjustment)
S. Article IV, Section A-1 - Pre-Application