REGULAR COUNCIL MEETING

 

The Regular Council Meeting was held on October 13, 1992 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Lambert, Tudor, Leary, Pitts, Salters, Levitt, Daisey and Hare.

Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. DePrima, Mrs. Boaman and Mr. Rodriguez.

The invocation was given by Father Hanley, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Leary moved for approval of the agenda, seconded by Mr. Daisey and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 28, 1992

The Minutes of the Regular Council Meeting of September 28, 1992 were unanimously approved by motion of Mr. Leary, seconded by Mr. Salters and bore the written approval of Mayor Knopf.

ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF OCTOBER 1, 1992

The Minutes of the Special Council Meeting of October 1, 1992 were approved by motion of Mr. Leary, seconded by Mr. Hare (with Mr. Salters voting no). The minutes bore the written approval of Mayor Knopf.

PROCLAMATION - NATIONAL BUSINESS WOMEN'S WEEK

The City Clerk read into the record the following Proclamation:

WHEREAS, National Business Women's Week has been observed annually since 1928 to pay tribute to the business and professional women in the United States; and

WHEREAS, the working women in Dover maintain an outstanding record of achievement in bettering the quality of career and community life.

NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, do hereby proclaim October 18-24, 1992 as DOVER BUSINESS WOMEN'S WEEK in conjunction with NATIONAL BUSINESS WOMEN'S WEEK.

The Proclamation was presented by Mayor Knopf to Yvonne Steele-Fair, Business Woman of the Year, and to Tina Hession-Rowley, representing Dover Business and Professional Women.

PROCLAMATION - NATIONAL PHARMACY WEEK

The City Clerk read into the record the following Proclamation:

WHEREAS, over 150,000 pharmacists comprise the third largest health profession in the United States and provide valuable professional services such as the transmittal of medication information and the monitoring of drug therapy; and

WHEREAS, Pharmacists are professionally qualified to enhance patient compliance and to detect and prevent dangerous drug interactions and care for the patient daily by providing high quality, cost-effective health services for all Americans in a variety of practice settings; and

WHEREAS, the demand for pharmaceutical care is greater than ever before due to an aging America, the use by patients of multiple medications, changes in the settings where health care is delivered, and increased availability of medications without a prescription order; and

WHEREAS, the pharmacy profession has long supported efforts to improve access to health care services and enhance the quality of the nation's health; and

WHEREAS, "Communicate Before You Medicate" is the theme of the observance emphasizing the importance of face-to-face patient-to-pharmacist interaction.

NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, jointly with the American Pharmaceutical Association and the Joint Commission of Pharmacy Practitioners, do hereby proclaim October 25-31, 1992, as NATIONAL PHARMACY WEEK and urge citizens to take part in celebrating National Pharmacy Week in recognition of pharmacies' accomplishments and efforts to improve our health care system and to show our appreciation for the nation's pharmacists, not just during this week but every week of the year.

ANNEXATION REFERENDUM - CLAUDE ASHWELL - LOT #1 WHITEOAK ROAD

An annexation referendum was held on October 1, 1992 for property located at lot #1, Whiteoak Road, owned by Claude Ashwell. There were two (2) votes cast in favor of the annexation and zero (0) votes cast against the annexation.

Mr. Hare moved for acceptance of the results of the annexation referendum held for property owned by Claude Ashwell, seconded by Mr. Levitt and unanimously carried.

By motion of Mr. Daisey, seconded by Mr. Salters, 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 area of land contiguous to the boundary of the City of Dover lying on the northerly side of County Road 66 (White Oak Road) and being further described as follows:

BEGINNING at a point in the northerly line of White Oak Road (County Road 66), said point being the following distances from the intersection of the centerline of White Oak Road with the centerline of Long Point Road (County Road 341): 1) 2,079.50 feet in a westerly direction with the centerline of White Oak Road; and 2) North 41 degrees 42 minutes West a distance of 25.00 feet. Thence from said beginning point the following bearings and distances: 1) South 48 degrees 18 minutes West a distance of 100.00 feet with the northerly line of White Oak Road; 2) North 41 degrees 42 minutes West a distance of 406.32 feet; 3) North 17 degrees 07 minutes 20 seconds West a distance of 197.58 feet; 4) North 48 degrees 18 minutes East a distance of 17.82 feet; and 5) South 41 degrees 42 minutes East a distance of 586.00 feet to the point of beginning in the north line of White Oak Road, containing a total of 1.176 acres of land, more or less.

2.         The above described property shall be annexed into the City of Dover with a zoning classification of R-15 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 14th day of October, 1992 at 12:01 a.m. o'clock.

ADOPTED: October 13, 1992

PUBLIC HEARING - REZONING OF PROPERTY LOCATED AT 140, 142, 144 & 146 S. NEW STREET - JAMES AND JOANNE MOORE

A public hearing was duly advertised for this time and place to consider rezoning of property located at 140, 142, 144 and 146 S. New Street, owned by James F. and Joanne Z. Moore.

Planner's Review

The Assistant Planner, Michael Petit deMange, reported that the property consists of four separate lots owned by the applicant which currently hosts four multiple dwelling structures. The existing lots are long and narrow and the purpose of the rezoning is to allow the applicant to subdivide the excess rear portions of the lots and consolidate them so that a commercial parking area can be constructed and annexed to an adjacent lot also owned by the applicant and already zoned C-2. In addition, the commercial parking lot is envisioned to serve an Arts Center being developed by the applicant on a property on the southwest corner of Loockerman Street and New Street. The existing structures would have to be partially demolished and converted to single family dwellings. They would exist as non-conforming structures and if converted to commercial uses could not be re-established as residential structures. The existing zoning is RG-1 (General Residence) the proposed zoning is ©-2) Central Commercial. The C-2 zone permits commercial parking lots, second floor residences, retail and service establishments, offices, banks and restaurants among other uses.

The surrounding land uses to the south along Loockerman Street include a variety of commercial and residential structures that are zoned C-2. To the west of the property are residential structures that front on Queen Street and are zoned RG-1. To the north are residential properties including an apartment house zoned RG-1. To the east and across New Street are residential and commercial structures zoned C-2.

The 1986 Comprehensive Plan designates this area Central Commercial; therefore, the proposal conforms with the Plan designation. In addition, the proposal is in conformance with the development strategy outlined in the 1989 Central Area Plan. Specifically, the proposal conforms with the "Support and Expand the Main Retail District" strategy, the "Expansion of Cultural and Entertainment Activities" strategy, and the "Coordinated Parking" strategy. Under the "Cultural and Entertainment Activities" strategy in the Central Area Plan, the Preforming Arts Center being proposed by the applicant is specifically mentioned as a development that needs support.

This rezoning is being presented as the first step in a long range plan by the applicant to enhance commercial properties in the area by providing them with parking. The rezoning, in essence, allows the establishment of the parking areas. Such a plan, if carried out, would enhance the area and conform with the City's desire to revitalize this area of downtown. With respect to the residential properties, the re-zoning would render them non-conforming and further expansion of residences would be prohibited. The establishment of the commercial parking area would require further subdivision and site plan review by the Planning Commission. The future parking area would have to be fenced and buffered from the adjacent residential properties. Based upon all of the above findings, the Planning Commission recommended approval of the rezoning request.

Public Hearing

Council President Christiansen declared the hearing open.

Mayor Aaron Knopf voiced his support for this project, feeling that it is an example of what a citizen can do to improve the downtown area and urged others to follow Mr. & Mrs. Moore's example.

Council President Christiansen declared the hearing closed.

Mr. Salters moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Lambert and by a unanimous roll call vote, Council adopted the following ordinance:

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 140, 142, 144 AND 146 S. NEW STREET

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 RG-1 to C-2.

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 RG-1 to C-2 on that property located at 140, 142, 144 and 146 S. New Street, owned by James F. and Joanne Z. Moore.

ADOPTED:    October 13, 1992

PUBLIC HEARING - REZONING OF PROPERTY LOCATED AT 850 NEW BURTON ROAD - SOUTHERN STATES COOPERATIVE, INC.

A public hearing was duly advertised for this time and place to consider rezoning of property located at 850 New Burton Road, owned by Southern States Cooperative, Inc.

Planner's Review

Assistant City Planner, Michael Petit deMange, reported that the property consists of a 3.5 +/- Acre lot that is the existing site of the Southern States Cooperative which operates a retail farm, lawn and garden center. The property is zoned M (Manufacturing) and therefore is a non-conforming use in the M zone.

The rezoning to C-1A (Limited Commercial) is being proposed to bring the zoning into conformance with the existing use and to allow a conditional use application for accessory gasoline pumps. The C-1A zone allows retail and service businesses (except excessive traffic generating uses) as permitted uses, and allows, subject to a conditional use hearing, gasoline pumps as an accessory use to the principal use of the property. The applicant wishes to move its small retail gasoline operation to this site from another location in the City.

The surrounding land uses include to the south the Agway Farm and Garden Center which is zoned M (Manufacturing). To the north is the Delaware Brick Company which is zoned C-3 (Service Commercial). To the west and across the Conrail track is an agricultural parcel zoned IPM for Industrial Parks. To the east and across New Burton Road are single family homes in the Sherwood Development that are zoned R-8 (Single Family Residential).

The Comprehensive Plan designates this area for Manufacturing. On the northern border of the property is the Central Commercial District. It should be noted that the Manufacturing designation stands as a small isolated designation in this area, and was probably assigned to allow it to conform with the former use and subsequent zoning. Clearly the size of the lot and its location is not suited for manufacturing.

The rezoning would put the existing use into a zone in which it would be a conforming use. This would allow consideration of future expansion and development. The existing operations do not appear to conflict with the residential properties to the east of the site. The business provides local shopping convenience to surrounding neighborhoods.

The Commission does not concur with the Comprehensive Plan designation of Manufacturing and feels that the C-1A zone conforms with the existing land uses on the site and in the area; therefore, it recommends approval of the rezoning. With respect to the applicant's desire to locate accessory gasoline pumps to the site, staff must reserve its opinion until it reviews the site plan that would be required for the conditional use hearing. It is clear that the pumps would have to minimize impacts on the traffic and on neighboring residential properties. Based upon all of the above findings, the Planning Commission recommended approval of the rezoning request.

Questioned by Mr. Leary on concerns for excessive traffic on New Burton Road, Mr. Petit deMange stated that this is a State maintained road and DelDOT has noted no problem with the application as it relates to traffic.

Public Hearing

Council President Christiansen declared the hearing open.

Mr. Charles Hall of 790 Oak Drive lives in close proximity to 850 New Burton Road. He stated his understanding of the inconsistency of the manufacturing zoning classification and its current use and voiced no objections to the proposed limited neighborhood commercial zoning classification, provided that gasoline pumps are not permitted at the site. Mr. Hall reviewed with Council members the numerous businesses in this area, resulting in the entering and exiting of many vehicles onto an already busy and narrow New Burton Road.

Mr. Art Tollin of 824 Sunset Terrace agreed wholeheartedly with the comments of Mr. Hall. He reminded Council that several years ago Southern States requested permission to install gasoline tanks as well as storage tanks. The request was denied by the members of Council at that time. Mr. Tollin stated that traffic has increased significantly over the years which is all the more reason the pumps should not be permitted.

Mrs. Sandra Burke, Manager of the Dover Southern States, stated that in 1990 she contacted the City's previous Planner, to discuss a move from their 92 N. West Street site to the 850 New Burton Road facility. She was led to believe that the entire operation could be moved. In recent discussions with the current Planner, Mr. DePrima, she was advised that the New Burton Road site was not properly zoned for the business. Mrs. Burke stated that they had half of their operation moved to the new site before they were aware of the zoning problem. The gasoline pumps they wish to move to the new site is a 1,000 gallon Scat tank (tank enclosed by an outer tank that sits on a cement pad). The pumps are more of a convenience to their existing customers than a draw for new gasoline customers which should have very little impact on the existing traffic. At the North Street site they are selling approximately 30,000 gallons per month from the pumps. They offer kerosene, diesel fuel, and no-lead and super gasoline.

The requested zoning classification of C-1A is necessary to make the business a conforming use in the zone which will permit them to improve their site in the future. If the current Manufacturing zone is continued, then Southern States is considered a non-conforming use and will be permitted no improvements to the site.

Mrs. Burke stated that Southern States is more than willing to work with their neighbors to allay their concerns, offering to relocate the pump island, provide buffering, etc.

Responding to Mr. Tudor, Mrs. Burke stated that the gas pumps are only operational during the business hours of Southern States.

Mr. Ed Bowen of 776 Oak Drive voiced his concurrence with testimony given by Mr. Charles Hall opposing the proposed gasoline pumps.

Council President Christiansen declared the hearing closed.

Mr. Hare relayed objections to forcing residents to accept things in their neighborhoods that they object to, even though the business may meet the guidelines of the City. The residents in the vicinity of the parcel proposed for rezoning have voiced strong objections to gasoline pumps at this site where traffic is already excessive. Mr. Lambert and Mr. Salters also voiced concern with the proposal for gasoline pumps. They expressed no concern for the requested zoning classification of C-1A, but since Council would have no authority over the approval of the Conditional Use application for the gasoline pumps, they relayed that they could not support the rezoning request.

Mr. Tudor voiced great concern with Mrs. Burke being given erroneous information relative to their move. Mr. Petit deMange addressed the issue, stating that a letter written in 1990, addressed the request of Southern States to locate bulk storage of class III liquids (home heating oils) at the New Burton Road site in the Manufacturing zone. The City Planning staff was under the impression that the request was related only to their home heating oil distribution business and not in any way related to a gasoline service.

Mr. Lambert stated that he wants to support residents' concerns but he also feels there has been misleading information relative to this request.

Mr. Levitt stated his feeling that Council is more sensitive to citizen concerns than other bodies that may serve as agents of Council. He referred specifically to the fact that no one has bothered to ask the neighbors how they feel about the proposed rezoning or attempted to resolve their concerns. He supports the property being properly zoned but would like to have assurances that the Planning Commission would consider the feelings of Council and adjacent residents relative to the gasoline pumps when the conditional use hearing is held.

Since many members of Council felt that the issue needed more resolution prior to Council vote, it was suggested that Southern States be provided the necessary time to meet with the neighbors in an attempt to resolve their concerns.

Mr. Daisey moved that any action on the rezoning request be tabled until the Council Meeting of November 9th to provide an opportunity for Southern States representatives to meet with their neighbors for possible resolution of their concerns. The motion was seconded by Mr. Pitts.

Since Mr. Hare requested additional information on the tabled motion, Mr. Daisey withdrew his motion as did Mr. Pitts his second.

Mr. Hare asked for an explanation of the procedure involved in delaying a vote on the motion. Council President Christiansen stated that the public hearing has already been held. The City Planner will report back to Council on November 9th on the success of the joint meeting between Southern States and concerned residents. Council will vote on the rezoning request at that time.

Mr. Daisey moved that any action on the rezoning request be tabled until the Council Meeting of November 9th to provide an opportunity for Southern States' representatives to meet with their neighbors for possible resolution of their concerns. The motion was seconded by Mr. Pitts and carried with Mr. Salters, Mr. Hare and Mr. Christiansen voting no.

PUBLIC HEARING/SECOND READING - PROPOSED LAND SUBDIVISION REGULATIONS AND ZONING CODE AMENDMENTS

A public hearing was duly advertised for this time and place to consider amendments to the City of Dover Land Subdivision Regulations and Zoning Code. The first reading of the proposed ordinance amendments was accomplished during the Council Meeting of September 14, 1992.

Mr. Levitt moved that the final reading of the proposed amendments be considered by title only, seconded by Mr. Salters and unanimously carried.

Planner's Review

Assistant Planner, Michael Petit deMange, informed Council that the amendments would change the Land Subdivision Ordinances by requiring that public notice occur for pre-application and preliminary layout hearings for proposed subdivisions. Currently public notice requirements are only considered during the final plat stage. The requirement for notification during the final plat stage is eliminated by the amendments. In addition, the amendments increase the number of days before the meeting that notice must be sent from five (5) days for notice mailings to ten (10) days, and from seven (7) days for newspaper publication to ten (10) days.

The Zoning Code amendments would require public notice of site plans, annexations and rezoning hearings before the Planning Commission and that they be made uniform with the public notice requirements for Conditional Use hearings. The amendments will clarify when a site plan must go to the Planning Commission for review, requiring that all site plans with buildings greater than 3,000 S.F. or next to residential properties go to the Planning Commission. Also, the amendments change the requirements for zoning newly annexed land by requiring that it go through the same process as rezonings.

Public Hearing

Council President Christiansen declared the hearing open.

Mr. John Davis, Chairman of the Planning Commission, explained that the amendments will require public hearings at the beginning of the process rather than at the end, when changes can be expensive. The Planning Commission members feel that the change will be beneficial to the public, who would like their concerns addressed early in the process, as well as to the developer since any required changes could be made in the beginning, saving costs for expensive alterations.

Another change will require public notification and newspaper publication by the developer rather than by the City Planning Department. This will shift the increased workload to the developer rather than to the City staff.

Responding to questions from Mr. Tudor, Mr. Davis stated that the amendments will have very little effect on the process time, since the public input segment will be moved from the end of the process to the beginning.

Mr. Phil McGinnis of McGinnis Commercial Realty addressed the proposed amendments. Mr. McGinnis stated his opinion that the City's standards and regulations are very good and should not be subject to public desires, especially since the desires of the public constantly change. Mr. McGinnis stated that developers utilize experts in their field and adhere to published standards. He objected to a requirement of meeting the wishes of residents that may be based solely on emotion rather than upon technical facts. Mr. McGinnis also voiced concern with additional project costs associated with constantly changing the proposed plans which require updated surveys, revised architectural plans, etc. Proposed projects require the approval of many regulatory agencies, all of which are experts in their field. Although he had no objection to providing the public with information relative to proposed site plan applications and plans, he objected to the requirement of a public hearing.

Mr. Lambert stated that if a project is permitted to move forward to the final stages before public input is accepted, then the citizens are forced to live with it because it is too late to make modifications. He felt it would be beneficial to the developers to make minor modifications, as requested by residents, at the beginning of a project. He felt that there are aspects of a site plan that could be modified without changing the technical criteria of the plan, that would make the project more pleasing to those that live in close proximity. Mr. Lambert voiced his opinion that the public should have input in development in their area and they should have it early in the process.

Mr. Hare expressed concern with allowing adjacent property owners to set the criteria for private property development. He did, however, agree that public review should be held at the beginning of the process rather than at the end which can result in expensive alterations.

Mr. Salters felt that the public should be given the opportunity for input and that Council has a responsibility to sift through the concerns of all parties for final resolution.

Mr. Levitt reminded Council that a public hearing is a social safety valve that allows an opportunity to let off steam. It does not, however, mean that action must be taken by Council on every comment made by the public. Agreeing with Mr. Salters, Mr. Levitt felt that Council has an obligation to hear the concerns of the citizens and take the best possible action for all concerned.

Mr. Richard Ornauer of 17 Mifflin Road, representing the Mifflin Road Neighborhood Association, spoke in favor of the proposed ordinance amendments. Mr. Ornauer stated that during the past few months, he has made suggestions for proposed site plan applications that resulted in a better planned site when they were incorporated into the proposal. He stated that quite often residents living in close proximity to a project pay more attention to details than do the professionals who review the plan with a clinical eye. Mr. Ornauer reiterated that waiting to the end of a project results in extensive costs for adjustments if they are requested by residents and approved by the Planning Commission. It is the adjacent residents that must live with the results of a planned project and he urged Council to keep these residents involved.

Mr. Roy Bogus, a member of the Planning Commission and a resident of 229 Frear Drive, addressed the proposal. Mr. Bogus supported the proposed amendments, stating that the Planning Commission listens to the concerns of our citizens and the sooner they become aware of a problem, the easier it is to solve.

Mrs. Rexene Ornauer of 17 Mifflin Road stated that the current procedure is very negative. It requires a citizen to make negative comments about a proposed project. If the hearing is held early in the process, a citizen can come forward with positive suggestions that will please everyone.

Mr. Lambert noted the receipt of letters from the Heatherfield Civic Association (as read in full) and the Whiteoak Civic Association in support of the proposed amendments. Mr. Hare moved that the two letters be made a part of the public record (as on file with the Office of the City Clerk), seconded by Mr. Lambert and unanimously carried.

Council President Christiansen declared the hearing closed.

Mr. Lambert moved for approval of the following ordinance amendments, seconded by Mr. Salters and carried by a unanimous roll call vote:

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

Amending Appendix A (Land Subdivision Regulations), Article IV. (Subdivision-Procedure), Section A (PreApplication), Subparagraph A3 by deleting the sentence:

"If, in the opinion of the Commission, the character of the subdivision (by reason of size or design) so warrants, it may hold a public hearing on the pre-application with notice to be given substantially in accordance with subparagraph C.4 of this Article."

Amending Appendix A (Land Subdivision Regulations), Article IV. (Subdivision - Procedure), Section A (Pre-application) by adding the following Item as Subparagraph A3 and re-numbering subsequent subparagraphs respectively:

3.         Prior to the review of the pre-application, the Commission shall hold a public hearing to be advertised by the applicant in a newspaper of general circulation at least ten (10) days prior thereto. The applicant shall notify by mail all property owners within two hundred (200) feet of the extreme limits of the subdivision as their names appear on the municipal tax record at least (10) days prior thereto. The applicant shall provide the Commission with a copy of the notice, verification of newspaper publication, and post office return receipts for all letters on or before the meeting date. Said notices shall state the time and place of the hearing, a brief description of the subdivision and that a copy of the subdivision application and plan is filed with the Planning Department for public review.

Amend Appendix A (Land Subdivision Regulations), Article IV. (Subdivision - Procedure), Section B (Preliminary Layout) by adding the following Item as Subparagraph B4 and re-numbering subsequent subparagraphs respectively:

4.         Prior to the review and action on the Preliminary Layout application, the Commission shall hold a public hearing to be advertised by the applicant in a newspaper of general circulation at least ten (10) days prior thereto. The applicant shall notify by mail all property owners within two hundred (200) feet of the extreme limits of the subdivision as their names appear on the municipal tax record at least (10) days prior thereto. The applicant shall provide the Commission with a copy of the notice, verification of newspaper publication, and post office return receipts for all letters on or before the meeting date. Said notices shall state the time and place of the hearing, a brief description of the subdivision and shall state that a copy of the subdivision application and plan is filed with the Planning Department for public review.

Amending Appendix A (Land Subdivision Regulations), Article IV. (Subdivision-Procedure), Section C (Plat), Subparagraph C4 by deleting it in its entirety and inserting in lieu thereof the following:

Within forty-five (45) days from the date of submission of the plat, the commission shall approve or disapprove said plat, and within five (5) days, shall notify the subdivider in writing of its decision and state the conditions of approval if any, the required modifications if any, or the reasons for disapproval. Approval of the plat shall not become final until the provisions of paragraphs 5 and 6 below have been complied with.

ADOPTED:    October 13, 1992

Amending Appendix B (Zoning Ordinance), Article 10. (Planning Commission), Section 1. (Approval of Conditional Uses), Subsection 1.5 (Procedure) by deleting in its entirety Paragraph 1.53 and inserting in lieu thereof the following:

1.53     Prior to the review and action on the Conditional Use application, the Commission shall hold a public hearing to be advertised by the applicant in a newspaper of general circulation at least ten (10) days prior thereto. The applicant shall notify by mail all property owners within two hundred (200) feet of the extreme limits of the site plan property as their names appear on the municipal tax record at least (10) days prior thereto. The applicant shall provide the Commission with a copy of the notice, verification of newspaper publication, and post office return receipts for all letters on or before the meeting date. Said notices shall state the time and place of the hearing, a brief description of the site plan and shall state that a copy of the conditional use application and plan is filed with the Planning Department for public review.

Amending Appendix B (Zoning Ordinance), Article 10. (Planning Commission), Section 2. (Site Development Plan Approval), Subsection 2.4 (Procedure) by deleting in their entirety Paragraphs 2.41 and 2.411 and inserting in lieu thereof the following:

2.41     Pre-submission Conference. Prior to the submission of a site development plan, the applicant or his representative shall meet in person with the Building Inspector and the City Planner with a sketch plan. The purpose of this conference shall be to discuss proposed uses or developments in order to determine, first, whether the site development plan application shall be submitted to the building inspector for consideration and review through his office or shall be referred to the Planning Commission. Site Plans for new structures and building additions of 3000 Square feet or greater in floor area or with a total of 5000 Square feet of new or added impervious surface, or that is adjacent to residential properties shall be referred to the Planning Commission for consideration and review. If the application is to be referred to the Planning Commission the applicant shall be informed within seven (7) days of the Pre-submission conference meeting which elements listed in Section 2.5 below will be useful in determination of conformity with the provisions and intent of this Ordinance, along with any other comments and suggestions intended to bring about conformity with the provisions and intent of this Ordinance.

Amending Appendix B (Zoning Ordinance), Article 10. (Planning Commission), Section 2. (Site Development Plan Approval), Subsection 2.4 (Procedure) by adding the following Item as Subsection 2.47 and renumbering subsequent subsections respectively:

2.47     Prior to the review and action on the Site Plan application, the Commission shall hold a public hearing to be advertised by the applicant in a newspaper of general circulation at least ten (10) days prior thereto. The applicant shall notify by mail all property owners within two hundred (200) feet of the extreme limits of the site plan property as their names appear on the municipal tax record at least (10) days prior thereto. The applicant shall provide the commission with a copy of the notice, verification of newspaper publication, and post office return receipts for all letters on or before the meeting date. Said notices shall state the time and place of the hearing, a brief description of the site plan and shall state that a copy of the site plan application and plan is filed with the Planning Department for public review.

Amending Appendix B (Zoning Ordinance), Article 10. (Planning Commission), Section 5. (Amendments), by deleting Subsection 5.1 (Report of Planning Commission) and inserting in lieu thereof the following:

5.1       Report of the Planning Commission. In making such report, after holding a public hearing on the proposed amendment, the Planning Commission shall make inquiry and determination concerning the items specified below:

Amending Appendix B (Zoning Ordinance), Article 2. (Zoning Ordinance and Zoning Map), Section 5 (Unzoned Land) by deleting in its entirety Section 5.1, and inserting in lieu thereof the following:

5.1       All unzoned land now incorporated within the limits of the City of Dover and any and all land hereinafter incorporated within the limits of the City of Dover, whether by annexation or otherwise, shall be zoned in accordance with the procedures set forth in Article 10 , Section 5 (Amendments).

Amending Appendix B (Zoning Ordinance), Article 10. (Planning Commission), Section 5. (Amendments), by deleting Subsection 5.111 and inserting in lieu thereof the following:

5.111   Concerning a proposed amendment involving a change in the Zoning Map by way of a petition to re-zone property or by way of an annexation.

ADOPTED:    October 13, 1992

REZONING REQUEST - PROPERTY ON SOUTH SIDE OF ROUTE #8 - TUNG CHIN LIN

A request was received to rezone property located on the south side of Route #8, owned by Tung Chin Lin. The property is currently zoned R-8 (Single Family Residence) and the requested zoning is C-2A (Limited 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. Hare, seconded by Mr. Salters, Council unanimously referred the request to the Planning Commission and set a public hearing for December 14, 1992 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 ON THE SOUTH SIDE OF ROUTE #8.

ACCEPTANCE OF AGREEMENT - POLICE EMPLOYEES

Mr. Levitt moved for approval of the Police Employees' Contract (as on file in the Office of the City Clerk) and for authorization of staff to sign the final document. The motion was seconded by Mr. Daisey and carried by a roll call vote of five (5) yes, four (4) no (Mr. Tudor, Mr. Pitts, Mr. Hare and Mr. Christiansen).

ACCEPTANCE OF AGREEMENT - DOVER ORGANIZATION OF EMPLOYEES (DOE)

Mr. Levitt moved for approval of the Dover Organization of Employees Contract (as on file in the Office of the City Clerk) and for authorization of staff to sign the final document. The motion was seconded by Mr. Daisey and carried by a roll call vote of five (5) yes, four (4) no (Mr. Tudor, Mr. Pitts, Mr. Hare and Mr. Christiansen).

LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met on September 29, 1992 with Chairman Levitt presiding.

Issues Related to Dover Downs - Need for Additional Ordinances - Carl Moore

The committee did not discuss this matter since Mr. Moore met with Chief Hutchison and agreed to contact the City prior to the 1993 race regarding his request for additional ordinances.

City Vehicle Policy

During their meeting on September 15, 1992, the Committee deferred action on the City vehicle policy to allow staff the opportunity to obtain additional information as requested by members. Mr. Worley supplied members with the requested information.

After further discussion, the committee recommended no change to the current vehicle policy and that discussions on this subject continue during the next fiscal year budget review.

Council took no further action.

Mr. Levitt moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Salters and unanimously carried.

SAFETY ADVISORY COMMITTEE REPORT

The Safety Advisory Committee met on September 29, 1992 with Chairman Hare presiding.

Update - West Dover Fire Station

Councilman Hare informed those present that the Public Safety Issues Implementation Study Committee will meet on September 30, 1992 at 7:00 p.m. in the Council Chambers of City Hall. An update of that meeting will be presented at the next Safety Advisory Committee Meeting.

Council took no further action.

Emergency Operations Plan (Mr. Tudor)

Councilman Tudor requested that the Committee review possible plans in case the City of Dover falls prey to hurricanes as recently experienced in Florida.

Mr. Tudor expressed the need to maintain a list of contractors with equipment such as backhoes, tree trimming personnel, electrical contractors and dump truck operators, which should be kept on file in the event of an emergency. A roster of what they have available and a commitment that they take care of Dover's needs first should be very importantly considered. A meeting should be held each year prior to hurricane season to keep the contractor list updated. Two different command centers should be established in case one is down. The Electric Department should have double the amount of radios set to their frequency to handle the additional work force. The Electrical Department has many individuals that know the electric distribution system but are not linemen. These people would be in charge of small groups of volunteers that could triple the line crews. With the radios, a central dispatcher would direct work as needed.

There are currently five (5) plans utilized by the City during emergencies. These plans include the State of Delaware Emergency Plan, State of Delaware Relief Plan, the State of Delaware Recovery Plan, State Hurricane Evacuation Study and a guide which City staff utilizes during emergencies.

The Committee took no action; however, it was suggested that staff obtain a list of available contractors to be kept on file in the event of an emergency.

Council took no further action.

Mr. Hare moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Salters and unanimously carried.

UTILITY COMMITTEE REPORT

The Utility Committee met on September 29, 1992 with Chairman Daisey presiding.

Acceptance of Dedication of Right-of-Way and Utilities - June D. Schamp - Alley South of Route #8

Ms. June Schamp has developed an alley south of Route 8 to serve her property and has requested that the alley and utilities be accepted for maintenance and ownership by the City. After construction was completed, City Staff inspected the improvements and all design and construction standards have been met.

The committee recommended acceptance of the dedication of right-of-way and utilities for the developed alley south of Route 8, owned by June D. Schamp.

Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.

Quarterly Fuel Adjustment Review

Based upon recommendations of staff, the committee recommended that the fuel adjustment remain at -$0.004 (negative four tenths of one cent per KWH) for calendar year 1992.

Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Hare and unanimously carried.