REGULAR COUNCIL MEETING
The Regular Council Meeting was held on June 28, 2004 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, and Mr. Ruane. Mr. Salters was absent.
Council staff members present were Police Chief Horvath, Mr. Cooper, Mrs. Mitchell, Mr. Galvin, Fire Chief Bashista, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, and Mayor Speed.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams 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 Reverend Theodore Henderson, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda as presented, seconded by Mr. Slavin and unanimously carried.
Mr. Carey requested that item #6B, Additional Funding - Parkland Reserve Fund, be removed from the consent agenda.
Mr. Carey moved for approval of the consent agenda as amended, seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Salters absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 14, 2004
The Minutes of the Regular Council Meeting of June 14, 2004 were unanimously approved by motion of Mr. Carey, seconded by Mr. Pitts and bore the written approval of Mayor Speed.
CERTIFICATES OF RECOGNITION - BOYS STATE CHAMPIONS (DIVISION ONE ALL STATE ATHLETES BOYS COACH OF THE YEAR)
The City Clerk read the Certificates of Recognition to the Boys State Champions into the record (Exhibit #1, #2, #3, and #4).
Mayor Speed presented the certificates and commended the coaches and players for their achievements.
CERTIFICATE OF RECOGNITION - LINDA KURTZ - MISS DELAWARE
The City Clerk read the Certificate of Recognition to Linda Suzanne Kurtz into the record (Exhibit #5).
Mayor Speed congratulated Miss Kurtz on her crowning as Miss Delaware 2004 and wished her much success as she prepares to compete in the Miss America Pageant.
Miss Kurtz relayed appreciation for the recognition from the Mayor and Council of the City of Dover. She stated that she was born and raised in the City and is proud to represent Dover in this capacity.
PRESENTATION - IT LONG-RANGE PLAN
Mr. Timothy Masse and Mr. Charles Leadbetter of Berry, Dunn, McNeil & Parker provided a PowerPoint Presentation on the City of Dover Five-Year Information Technology Strategic Plan (as on file in the Office of the City Clerk). The presentation included: project objectives, methodology, and work performed; city-wide information technology strategic issues; mission, vision, and goals; long-range strategic information technology plan; and questions and discussion.
Council President Williams stated that Council action was not required at this time.
PUBLIC HEARING/ACCEPTANCE - PERSIMMON PARK PLACE - RIGHT-OF-WAY AND STREET DEDICATION
During their Regular Meeting of March 22, 2004, members of Council authorized staff to begin the process for the right-of-way and street dedication for Persimmon Park Place. As a result, during their Regular Meeting of June 14, 2004, members accepted the results of the property owner votes for the acceptance of right-of-way and street dedication. Members were provided the legal opinions regarding the reassessment for improved property values and confirmation of Persimmon Park Place Condominium Association’s agreement to assume all legal costs associated with the dedication.
A public hearing was set for this time and place for the acceptance of the right-of-way and street dedication for Persimmon Park Place.
Council President Williams declared the public hearing open.
Mrs. Kay Castell, 106 Beth Place, spoke in favor of the right-of-way and street dedication, feeling that it would benefit both the residents and the City of Dover. She stated that this project has been in process for several years and indicated she is appreciative and grateful for the City facilitating the residents’ endeavors in this matter.
There being no one else wishing to speak, Council President Williams declared the public hearing closed.
Mr. Ritter moved for acceptance of the right-of-way and street dedication for Persimmon Park Place, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Salters absent).
UTILITY COMMITTEE REPORT - JUNE 14, 2004
The Utility Committee met on June 14, 2004 with Chairman Carey presiding.
Proposed Amendments to the City of Dover Electric Service Handbook - Small Commercial
During their meeting of April 27, 2004, members deferred action regarding proposed amendments to the Electric Service Handbook relating to Small Commercial Services. Staff provided examples of the small commercial services, as follows: Lakeland Business Park, Woodbrook Professional Center and the new Becker Morgan building. During 2003, there was a net gain of 39 new small commercial services. The City currently provides the same services for small commercial business customers as residential customers, which is creating problems. Mr. DePrima explained that residential customers normally have one service and commercial customers may have multiple services to the same building.
The committee recommended that Section C1-517, C1-519, C1-520 and E1-341 of the Electric Service Handbook be amended as recommended by staff.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Salters absent).
Request for Street Width Waiver - Clearview Meadows
The applicants of Clearview Meadows have requested a waiver from the City of Dover Subdivision Street design standards set forth in the Land Subdivision Regulations of the Dover Code, Appendix A, Article VI, Section A. Specifically, the applicant has requested a reduction of the paved street width from the minimum thirty-eight (38) foot paved width requirement to permit a paved width of thirty-two (32) feet. The entrance streets will remain at 38 feet. The right-of-way will be maintained at sixty (60) feet. The streets will be dedicated to the City of Dover.
The Planning Commission reviewed the proposed street width waiver request as part of its review of the Conceptual Subdivision Plan for Clearview Meadows and recommended approval of the reduction of the paved street width from 38 feet to 32 feet while retaining a 60 foot right-of-way. Portions of the main entrance road from North and South Little Creek Roads will remain at a paved width of 38 feet.
The committee recommended approval of the reduction of the paved street width from 38 feet to 32 feet while inside the development, with the understanding that parking be permitted on only one side, and that the islands be recessed in accordance with concerns of the Public Works, Fire, and Police Departments.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Salters absent).
Briefing on Electric Rate Study
Due to the recent election, new members of Council and new civilian members have been appointed to serve on the Utility Committee. It was Mr. Carey’s feeling that these members should be provided information regarding the Electric Rate Study so that when the time comes to forward a recommendation to Council, all members will have the details to formulate an opinion. As requested, Mr. DePrima briefed members on the status of the Recommendations of the Electric Rate Study Implementation Committee, dated February 24, 2004 (as on file in the Office of the City Clerk).
By consent agenda, Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Salters absent).
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - JUNE 15, 2004
The Parks, Recreation, and Community Enhancement Committee met on June 15, 2004 with Chairman Pitts presiding.
Seskinore Development - Parks and Recreation/Open Space Plan (Fox Hall Plantation Company)
In accordance with Article 5, Section 10, Subsection 10.16 of the Zoning Code, all residential developments shall provide recreational areas in a size equal to 275 square feet per dwelling unit, or one-half acre of land, whichever is greater. However, in no case shall the City require more than 10% of the gross area of the development be so dedicated or reserved when the gross area is greater than five (5) acres.
Seskinore Development consists of 5.0470 acres of land, situated on the west side of McKee Road, north of The Meadows. Mr. Greg Moore, Becker Morgan Group, presented the Active Recreation Plan for Seskinore Development (as on file in the City Clerk’s Office) which requires a minimum of ½ acre of active open space. The plan proposes two (2) separate areas of active open space, which totals over 23,800 square feet (over ½ acre). It was noted that the development is for residents 55 and older and that the improvements for the active open space is geared towards these residents, which includes a gardening area, horseshoe pits, and benches. Members were also provided details regarding the investment for these items, which total $33,478.
During the committee meeting, it was noted that improvements will be made to the storm water area so that it will be more natural, including the shaping of the pond and landscaping of the surrounding area.
The committee recommended approval of the Open Space Plan for Seskinore Development as presented, with the inclusion of the extension of the sidewalk to the bench near the horseshoe pits and improvements to the storm water pond.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Salters absent).
Additional Funding - Parkland Reserve Fund
Mr. DePrima, City Manager, advised members that, periodically, Mr. Pitts will question him on the possibilities of acquiring funding for the Parkland Reserve Fund. Although he provided Mr. Pitts with some alternative ideas to achieve this goal, Mr. DePrima indicated that he had no position and that Mr. Pitts would need to acquire the support of Council.
Mr. Carter, Director of Parks and Recreation, advised members that the proposed Recreation Center at Schutte Park Project is estimated at $2.7 million “turnkey”. The project is for the construction of a community center with gymnasium space to provide for indoor recreation space. Mr. Pitts stated that it is hoped that the State and County will provide financial assistance; however, the City must be prepared for this cost.
After discussing various financial alternatives, the committee recommended that the City Manager and Finance Director be directed to include an annual appropriation for the Parkland Reserve Fund in the Annual Budget beginning Fiscal Year 2006.
Mr. Pitts moved for approval of the committee’s recommendation, seconded by Mr. Carey.
Mr. Ritter questioned if there was a plan for acquiring the funds for the budget. Responding, Mr. DePrima stated that it will be a line item for the next fiscal year. He explained that it will be an additional expenditure which the budget team would need to include in the fiscal year 2006 budget; just like any other City expenditure. Mr. DePrima stated that the action would provide staff direction in creating a line item for Parkland Reserve; however, it would not commit a future Council. The seated Council at that time will determine if the line item should be funded.
Mr. Ruane explained that the Parkland Reserve Fund has no source for replenishment. A developer has the option of donating space or to provide funds. Most developers are able to choose the option of donating open space/recreation; therefore, this fund is not able to accumulate to allow for major strategic recreation areas, such as an indoor recreation facility. It was Mr. Ruane’s feeling that there is sufficient support from the public for such a facility to provide for active participation during inclement weather and due to inadequacies of the schools. The committee recognizes this and is asking the City Manager to develop a means to fund such a project.
Responding to Mr. Ritter, Mr. Ruane stated his opinion that the results of the votes for the Schutte Park Referendum were related to the specific site and specific plan that many felt were over and above what was necessary. A presentation is forthcoming for an indoor recreational facility that is not elaborate nor would it compete with other indoor facilities.
Mr. Ritter relayed his reluctance in approving the recommendation without a vote from the public, especially since such a vote was recently made by the public in opposition to an indoor recreational facility.
The motion to approve the committee’s recommendation directing the City Manager and Finance Director to include an annual appropriation for the Parkland Reserve Fund in the Annual Budget beginning Fiscal Year 2006 was carried by a roll call vote of seven (7) yes, one (1) no (Mr. Ritter), and one (1) absent (Mr. Salters).
In addition, the committee recommended that up to $400,000 of the overage on the carry-forward into next year’s budget be set aside for the Parkland Reserve Fund in order to show that the City has $1M for the gymnasium and are serious about the project.
Mr. Pitts moved for approval of the committee’s recommendation, seconded by Mr. Carey.
Responding to Mr. Ritter, Mrs. Mitchell stated the City’s Actuary addressed members regarding the City’s unfunded pension fund liabilities and medical benefit liabilities. At that time, the City’s liability was $23M, amortized over 20 to 25 years, which would equate to $1.9M per year.
Mr. Ritter reminded members that the excess carry-forward was previously earmarked for the unfunded pension fund and medical benefit liabilities; therefore, it was his opinion that the City already had a policy and approval of the motion would take away from these liabilities.
For clarification, Mr. Ruane stated that, in addition to budgeting for the unfunded liabilities, funds will also be provided for this in the salary accounts through attrition.
Having concerns of providing funding for the unfunded liabilities and as a compromise, Mr. Hogan suggested that one half of the overage, up to $400,000, be set aside for the Parkland Reserve Fund. This would guarantee a split between the two (2) needs.
Mayor Speed advised members that the action taken by Council in September 2003 required that excess carry-forward balances for FY2002-2003 and FY2003-2004, unless otherwise directed by Council, be used to fund the unfunded pension liabilities, which includes the post-retirement medical benefits.
The motion to approve the committee’s recommendation that up to $400,000 of the overage on the carry-forward into next year’s budget be set aside for the Parkland Reserve Fund in order to show that the City has $1M for the gymnasium and are serious about the project was carried by a roll call vote of six (6) yes, two (2) no (Mr. Ritter and Mr. Hogan), and one (1) absent (Mr. Salters).
By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Salters absent).
SAFETY ADVISORY COMMITTEE REPORT - JUNE 16, 2004
The Safety Advisory Committee met on June 16, 2004 with Chairman Ritter presiding.
Discussion - Proposed State Legislation, S.B. 165, An Act to Amend Title 21 of the Delaware Code Relating to Unlawful Use of Sound Devices and Section 14-8 of the Dover Code
Members were provided with the proposed S.B. 165, which would create a motor vehicle crime for playing one’s stereo too loudly. Violators would be subject to a fine of at least $100 and not to exceed $500; with each subsequent offense, such person would be subject to a fine of at least $250 and not to exceed $1,000. Members were also provided with Section 14-8 of the Dover Code which prohibits excessive noise and provides for a fine of not less than $50 nor more than $100.
After much consideration, Mr. Ritter suggested amendments to Section 14-8 of the Dover Code, such as paragraph (b)(2) by eliminating any reference to time (“between the hours of 11:00 p.m. and 7:00 a.m.”); paragraph (d) by increasing the fines equal to the fines proposed in S.B. 165; paragraph (b)(9) by including a time permitted; paragraph (b)(13) by inserting “public concerts, parades,” prior to “performance, show or sale”; and paragraph (b)(15) by including allowance under emergency situations. If other members have additional amendments, Mr. Ritter requested that they relay them to the City Clerk or himself and that the proposed ordinance amendment be brought back to the committee for their review and recommendation to City Council. Mr. Ritter also suggested that the committee consider sending a letter to the State Legislators suggesting that large stereos be outlawed in motor vehicles. He requested that the City Clerk obtain a legal opinion from the City Solicitor regarding this matter.
The committee recommended that staff develop a proposed ordinance amendment to Section 14-8 of the Dover Code to include the suggestions of the committee and that, if the City Solicitor determines that certain stereos can be prohibited in motor vehicles, staff draft a letter to the General Assembly requesting that they consider this possibility, and that the proposed amendments and letter be brought back to the committee for their review and recommendation.
Proposed Ordinance Amendment - Section 14-8, Paragraph (b)(17) - Engine Compression Brakes
Resulting from concerns regarding engine compression brake noise, during the Transportation Review Committee meeting of February 10, 2004, members approved the concept of adoption of an ordinance that would prohibit these devices.
Staff recommended adoption of a proposed ordinance that would amend Section 14-8 of the Dover Code to prohibit the operation of engine compression brakes within the City of Dover limits.
The committee recommended adoption of the proposed ordinance amending Section 14-8 of the Dover Code, including the amendment to replace the word “situations” with “vehicles”.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Salters absent). (The First Reading of the ordinance will take place during the latter part of the meeting).
Presentation - Interim Long Range Transportation Plan
Ms. Juanita Wieczoreck, Executive Director of the Dover/Kent County Metropolitan Planning Organization, presented the Organization’s Interim Long Range Transportation Plan and the Long Range Transportation Plan for 2025 (as on file in the Office of the City Clerk). She explained that the Interim Plan supplements the 2025 Plan and was developed to satisfy the U.S. Department of Transportation regulations regarding a lapse in an air quality conformity determination. The Dover/Kent County MPO’s air quality conformity determination will lapse on July 21, 2004.
By consent agenda, Mr. Carey moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Salters absent).
CONSIDERATION OF REQUEST FOR SUPPORT OF S.B. 352 - EXCEPTIONS IN THE LANDLORD TENANT CODE AND FAIR HOUSING ACT
During the Legislative, Finance, and Administration Committee meeting held earlier this evening, members considered a request from the City of Newark Mayor and Council for support of legislation being considered by the Delaware General Assembly that would amend the Delaware Fair Housing Act and the Delaware Landlord Tenant Code. The legislation would correspond with the City of Newark legislation intended to preserve single-family neighborhoods, while at the same time, provide adequate rental housing.
Mr. DePrima, City Manager, explained that in addition to S.B. 352 that would amend the Delaware Landlord Tenant Code, he distributed copies of a companion bill, H.B. 533, that would amend the Delaware Fair Housing Act and Landlord Tenant Code. He stated that both bills would clarify the municipality’s authority to regulate the conversion of single family homes without raising claims for discrimination based on age or occupation for those municipalities that have primary residential campuses of post-secondary schools. H.B. 533 would prohibit individuals from filing an unfair housing claim against the City when attempting to enforce student housing regulations. Mr. DePrima stated that S.B. 352 liberalizes the eviction process, explaining that it would allow the City to evict tenants without using the lengthy eviction process of Chapter 57.
Mayor Speed relayed his concerns that the legislation is discriminatory, explaining that the effect of the legislation would only permit the Cities of Newark and Dover to enforce such regulations. If the proposed amendments were to deter illegal or inappropriate behavior, he stated that it would apply to all landlords and all tenants. As indicated in an e-mail sent to members, Mayor Speed reiterated his concerns that S.B. 352 is an attempt to thwart the intent of current State law to allow discrimination based on age, marital status, and occupation. The proposed amendment is targeted at a class of people, not illegal behavior. He advised members that the veracity of this opinion is supported by the fact that the amendment applies only to municipalities which have “primary residential” campuses located within their jurisdiction. Mayor Speed stated that he was not aware of H.B. 533 until just before the meeting; however, after reviewing the legislation, it was his opinion that H.B. 533 confirms his concerns regarding discrimination against protected classes.
There was no action taken by the committee regarding this matter.
Mr. Slavin moved to recommend passage of S.B. 352 and H.B. 533 and that the City Clerk notify the General Assembly of City Council’s recommendation, seconded by Mr. Ruane and carried with Mr. Ritter voting no (Mr. Salters absent).
BAY VILLAGE VETERAN’S HOME PROPOSAL (L.D. SHANK)
Mr. Galvin, Director of Planning and Inspections, provided information regarding the Bay Village Veteran’s Home Proposal by L.D. Shank, III. Mr. Shank has offered 20 acres of a parcel of land bounded by White Oak Road and Long Point Road east of Route1 to be developed as the State’s Veterans’ Home. It is one of the properties that has been evaluated and included in the Duffield Report of all potential Home sites.
Mr. Galvin stated that the property is in the City of Dover and zoned agriculture. There is an obvious issue with the State’s policy of limiting development East of Route 1. Under the Memorandum of Understanding (MOU) between the City of Dover and the Office of State Planning Coordination, this project will require Preliminary Land Use Services (PLUS) review on several counts. The MOU stipulates that the City will direct the applicant to the State when PLUS will be required. The outcome of the PLUS process is advisory to the City Planning Commission and Council. Mr. Galvin advised members that the City, County, and State entered into another MOU related to issues East of Route 1 when the City purchased the Garrison Tract. The MOU recognized the advantage of having the Garrison Tract available for economic development purposes, but also that the State wished to discourage higher density development.
Mr. Galvin assured members that the concept proposal is an appropriate starting point for consideration of a Planned Neighborhood Design (PND): Senior Housing Option. The property owner/equitable owner would have the right to submit an application to begin this process. The developer would be required to address the MOU considerations and have the reviews necessary for the proposal to move forward. Staff felt that the concept should be explored and that all involved agencies have the opportunity to comment on the potential development.
Members were provided a map depicting the proposed specifics for the land use and planned site amenities for the 286 acre development. Mr. Galvin noted that Mr. Shank gave a brief presentation of the concept plan during the Open Forum Segment of the Regular Council Meeting on June 14, 2004.
Mr. Carey moved that the City Council acknowledge Mr. Shank’s right under the City’s zoning ordinance to apply for Conditional Use approval for the Bay Village Veterans’ Home as a Planned Neighborhood Design for senior citizen housing and invite Mr. Shank’s Conditional Use application because Dover, as the State Capital, centrally located in Delaware, is an appropriate location for a Veterans’ Home. The motion was seconded by Mr. Pitts.
Mr. Ruane relayed his opposition to the proposal, noting that it does not appear to be presented as a genuine concept proposal under the PND process, but rather an attempt to give assurance that the City is willing to consider the proposal. It was his feeling that it gives the wrong message to both the public and other prospective developers. He also felt that it sends a contradictory message to the State of Delaware and Kent County, to whom the City has pledged cooperation. Mr. Ruane reminded members that the 1996 Comprehensive Plan supported the policy to discourage growth and development east of Route 1. Mr. Ruane noted that pages 55 and 56 of the Comprehensive Plan Update indicate that the lands east of Route 1 should remain agricultural in character. He assured members that he is not opposed to a Veterans Home being located in Dover; however, he is concerned about the proposed location. He stated that if the City felt that we could no longer fulfill the MOU with the State and County, then we should consider renegotiating preserving the area east of Route 1.
The motion that the City Council acknowledge Mr. Shank’s right under the City’s zoning ordinance to apply for Conditional Use approval for the Bay Village Veterans’ Home as a Planned Neighborhood Design for senior citizen housing and invite Mr. Shank’s Conditional Use application because Dover, as the State Capital, centrally located in Delaware, is an appropriate location for a Veterans’ Home was carried by a roll call vote of seven (7) yes, one (1) no (Mr. Ruane) and one (1) absent (Mr. Salters).
EVALUATION OF BIDS - DOVER PARK TENNIS COURT RENOVATIONS
As a part of the City’s Parks and Recreation Department’s Capital Investments Plan, bids were solicited for materials and labor to renovate three (3) tennis courts located in Dover Park. The existing asphalt court surfaces are faded and have cracks. Staff recommended approval of the low bid submitted by American Tennis Courts, Inc. in the amount of $59,885 for the Dover Park tennis court renovations.
Mr. Hogan moved for approval of staff’s recommendation, seconded by Mr. Ruane and carried by a unanimous roll call vote (Mr. Salters absent).
EVALUATION OF BIDS - MASONRY WORK - BLANKET BID
The Electric Department obtains a blanket contract for time and materials for miscellaneous masonry work. The work includes installation, construction, or repair of equipment foundations, piers, and columns, to include repair of sidewalks. Staff recommended awarding the masonry contract to the low bidder, Fry Electric.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Salters absent).
MONTHLY REPORTS - MAY 2004
By motion of Mr. Carey, seconded by Mr. Pitts, the following monthly reports were accepted by consent agenda:
Budget Report
Capital Projects and Vehicle/Equipment Purchases
Chief of Police Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager's Report
Mayor's Report
Planning and Inspections Report
Robbins Hose Company No. 1 Report
APPOINTMENT (MAYOR SPEED) - BOARD OF ADJUSTMENTS - 3 YEAR TERM TO EXPIRE JULY 2007
Mayor Speed requested the reappointment of Mr. K.C. Sheth as Chairperson to the Board of Adjustments for a three (3) year term to expire July 2007.
By consent agenda, Mr. Carey moved for approval of the reappointment of Mr. K.C. Sheth to the Board of Adjustments, as recommended by Mayor Speed, seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Salters absent).
APPOINTMENT (MAYOR SPEED) - DOVER PUBLIC LIBRARY ADVISORY COMMISSION - 5 YEAR TERM TO EXPIRE JULY 16, 2009
Mayor Speed requested the reappointment of Dr. Morris Eskenazi to the Dover Public Library Advisory Commission for a five (5) year term to expire July 16, 2009.
By consent agenda, Mr. Carey moved for approval of the reappointment of Dr. Morris Eskenazi to the Dover Public Library Advisory Commission, as recommended by Mayor Speed, seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Salters absent).
ANNEXATION/REZONING REQUEST - FIRST READING
A request was received for annexation and rezoning of property located at 2507 and 2521 Chestnut Grove Road, containing 2.65+/- acres, owned by Irene D. and Robert M. Sadusky. The annexation was referred to and considered by the Utility Committee on June 28, 2004. Staff recommended that an annexation referendum be set for July 29, 2004, and that a public hearing be set for August 9, 2004, at 7:30 p.m.
Mr. Carey moved for approval of staff's recommendation. The motion was seconded by Mr. Pitts and Council unanimously (Mr. Sadusky abstained) 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 BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 2507 AND 2521 CHESTNUT GROVE ROAD.
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 properties located at 2507 and 2521 Chestnut Grove Road, containing 2.647 acres of land, which is contiguous to the present City limits, into the limits of the City of Dover and 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 areas located at 2507 and 2521 Chestnut Grove Road situated in East Dover Hundred, Kent County, State of Delaware.
2. That the election be held on the 29th day of July, 2004 commencing at the hour of 11:00 a.m. in the City Hall Annex, 15 E. Loockerman Street, 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 accordance with the City of Dover Charter.
ADOPTED: JUNE 28, 2004
ANNEXATION/REZONING REQUEST - FIRST READING
A request was received for annexation and rezoning of property located north of and adjacent to Dennys Road, along the east and west side of McKee Road, containing 134.43+/- acres, owned by Shirley L. and William G. Bush, IV. Staff recommended that the request be referred to the Planning Commission on July 19, 2004, the Utility Committee on July 27, 2004, that an annexation referendum be set for August 12, 2004, and that a public hearing be set for August 23, 2004, at 7:30 p.m.
Mr. Pitts moved for approval of staff's recommendation. The motion was seconded by Mr. Carey 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 BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED NORTH OF AND ADJACENT TO DENNYS ROAD, ALONG THE EAST AND WEST SIDE OF MCKEE ROAD.
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 located on the north side of Dennys Road, along both sides of McKee Road, containing 134.43 acres of land, which is contiguous to the present City limits, into the limits of the City of Dover and 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 an area located on the north side of Dennys Road situated in East Dover Hundred, Kent County, State of Delaware.
2. That the election be held on the 12th day of August, 2004 commencing at the hour of 11:00 a.m. in the City Hall Annex, 15 E. Loockerman Street, 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 accordance with the City of Dover Charter.
ADOPTED: JUNE 28, 2004
FIRST READING - PROPOSED ORDINANCE
Mr. Carey moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Ritter and unanimously carried. Council President Williams 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 July 12, 2004.
Mr. Carey moved for acknowledgment of the First Reading of the following proposed ordinance, by title only, seconded by Mr. Ritter and unanimously carried:
SECTION 14-8 - EXCESSIVE NOISE PROHIBITED, PARAGRAPH 17 - ENGINE COMPRESSION BRAKES
FINAL READING - REZONING ORDINANCE - 40 N. SAULSBURY ROAD
A public hearing and First Reading of the proposed rezoning ordinance was accomplished during the Council Meeting of June 14, 2004 for property located at 40 N. Saulsbury Road, owned by Riverview Associates. The present zoning classification is C-3 (Service Commercial) and the proposed zoning classification is I-O (Institutional and Office).
Members received a letter from Mr. L.D. Shank, owner of the property, and Bay Developers, Inc., equitable owners, requesting that final action be deferred until the Regular Council Meeting of July 26, 2004.
Mr. Carey moved to defer the Final Reading of the rezoning ordinance for property located at 40 N. Saulsbury Road until the Regular Council Meeting of July 26, 2004. The motion was seconded by Mr. Hogan and unanimously carried.
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of June 14, 2004.
Mr. Pitts moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Sadusky and unanimously carried.
Mr. Slavin moved for adoption of the following ordinances, seconded by Mr. Sadusky and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Ritter) and one (1) absent (Mr. Salters):
Chapter 5 - Buildings and Building Regulations
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 5, Article II, Section 5-21(a) (Building Permit Fee) and 5-21(b) (Fence Permit) be deleted in their entirety and inserted in lieu thereof the following:
(a) Building permit fee: Each applicant for a building permit shall pay unto the city a permit fee computed as follows before such permit shall be issued: The sum of twenty-five dollars ($25.00) for the first one thousand dollars ($1,000.00) of costs and eight dollars ($8.00) for each additional one thousand dollars ($1,000.00) of costs or multiple thereof up to ten million dollars ($10,000,000.00) of costs, six dollars ($6.00) for each additional thousand dollars ($1,000.00) of costs or multiple thereof up to twenty million dollars ($20,000,000.00), and five dollars ($5.00) for each additional thousand dollars ($1,000.00) of costs or multiple thereof above twenty million dollars ($20,000,000.00)”.
(b) Fence permit: Each applicant for a fence permit shall pay unto the city a permit fee computed as follows before such permit is issued: The sum of twenty-five dollars ($25.00) for the first one thousand dollars ($1,000.00) of costs and eight dollars ($8.00) for each additional one thousand dollars ($1,000.00) of costs or multiple thereof.
BE IT FURTHER ORDAINED that Chapter 5, Article II, Section 5-21(d) (Swimming Pool Permit) be deleted in its entirety and inserted in lieu thereof the following:
(d) Swimming pool permit: Each applicant for a swimming pool permit shall pay unto the city a permit fee computed as follows before such permit is issued: The sum of twenty-five dollars ($25.00) for the first one thousand dollars ($1,000.00) of cost and eight dollars ($8.00) for each additional one thousand dollars ($1,000.00) of cost or multiple thereof.
BE IT FURTHER ORDAINED that Chapter 5, Article II, Section 5-21(g) (Doubling of fees) be renumbered as Section 5-21(i).
BE IT FURTHER ORDAINED that a new Chapter 5, Article II, Section 5-21(g) be created to read as follows:
(g) Construction plan review: Each applicant requesting review of non-residential construction plans shall pay the sum of twenty dollars ($20.00) per set of plans.
BE IT FURTHER ORDAINED that a new Chapter 5, Article II, Section 5-21(h) (Re-Inspections) be created to read as follows:
(h) Re-Inspections: There will be no charge for the first reinspection of a permit. The applicant shall pay the sum of twenty-five dollars ($25.00) for the second reinspection, fifty dollars ($50.00) for the third reinspection and one hundred dollars ($100.00) for any subsequent reinspection.
BE IT FURTHER ORDAINED that Chapter 5, Article IV, Section 5-61(Heating and air conditioning permit fees) be deleted in its entirety and inserting in lieu thereof the following:
Sec. 5-61. Heating, air conditioning, and heat pump permit fees.
Each applicant for a heating, air conditioning, or heat pump permit shall pay unto the city a permit fee computed as follows before such permit is issued:
(a)Heating permit: The sum of thirty dollars ($30.00) for the first ten thousand (10,000) BTU's and the sum of five dollars ($5.00) for each additional ten thousand (10,000) BTU's or multiple thereof.
(b)Air conditioning permi