REGULAR COUNCIL MEETING
A G E N D A
May 27, 2008 - 7:30 P.M. - Council Chambers - City Hall - City of Dover
OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.)
INVOCATION BY CHAPLAIN WALLACE DIXON
PLEDGE OF ALLEGIANCE
AGENDA ADDITIONS/DELETIONS
*CONSENT AGENDA
Those items on the Council Agenda which are considered routine and non-controversial shall be marked with an asterisk (*) and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item.
* 1. Adoption of Minutes - Council Workshop of May 5, 2008
- Annual Council Meeting of May 12, 2008
2. Certificates of Congratulations
A. Campus Community Chorus
B. Dover High School Chorus
3. Certificate of Appreciation - Tax Exemption Review Committee
4. Presentations
A. Brick by Brick Campaign
B.Recognition of Service - Paul Lakeman - Safety Advisory and Transportation Committee (May 2004-May 2008)
5. Proposed Resolution - Gordon Massey
6. Planning and Inspections - Presentation of Annual Report
7. Public Hearing/Final Reading - Rezoning and Proposed Comprehensive Plan Amendment - Land Development Plan Amendment to Comprehensive Plan Update 2003, as Amended in May 2005, September 2006, March 2007, and March 2008
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of February 25, 2008. Copies of the proposed ordinances are available at the entrance of the Council Chambers. (Request to Postpone Approved April 14, 2008 - Public Hearing Rescheduled for Tuesday, May 27, 2008 at 7:30 p.m.)
A.An Ordinance Amending the City of Dover Comprehensive Plan Update, 2003, as Amended in May 2005, September 2006, March 2007, and March 2008 by Amending Land Development Map 11-1 and Amending the Zoning Ordinance and Zoning Map of the City of Dover by Changing the Land Use Classification from Industrial to Residential High Density and changing the Zoning Designation from IPM (Industrial Park Manufacturing) to RG-2 (General Residence) on a 13.967+/- acre portion of a 22.967+/- parcel located on the North Side of Commerce Way, owned by H&M Properties, LLC
* 8. Special Legislative, Finance, and Administration Committee Report - May 5, 2008
A. Proposed Fee Increases and New Fees
a-1.General Overview - Presentation
a-2.Chapter 22 - Building and Building Regulation Fees - Construction Codes; Lodging Houses; and Rental Fee
a-3. Chapter 26 - Business Licenses
a-4. Chapter 46 - Fire Prevention Public Occupancy Fee
a-5. Chapter 66 - Manufactured Homes
a-6. Appendix A and B - Subdivisions and Planning and Zoning Fees
a-7. New Fees
(Committee Forwarding to Council with No Recommendation) (See items #22 and #23)
B. Review of 2005 Charter Review Committee Recommendations
9. Utility Committee Report - May 12, 2008
A. PACE Wholesale Power Supply Review (Presentation to Council)
(Committee action not required)
* B. Electric Cost of Service Study by Burns & McDonnell
(Committee action not required)
* C. Rate Stabilization Reserve Funding
(Committee recommended acceptance of the amendments for the Rate Stabilization Reserve for consideration by the Legislative, Finance, and Administration Committee for review of the Financial Policies)
* D. Amendment to Regulation 1146 Agreement
(Committee action not required)
10. Parks, Recreation, and Community Enhancement Committee Report - May 13, 2008
* A. Proposed Zoning Text Amendment - Appendix B - Zoning, Article 3 - District Regulations, Section 27 - Corridor overlay zone 1 (COZ-1), Subsection 27.62 - Building Placement (First Reading at Council April 28, 2008)
(Committee recommended adoption of the Substitute Ordinance #2008-25, with the understanding that staff and the Planning Commission will adhere strictly to the requirements that are contained elsewhere in the amended section related to what constitutes superior design)
B.State Eminent Domain Proposed Legislation
(Committee recommended that the Mayor, City Manager, and other appropriate parties be authorized to speak at the various hearings in opposition of this legislation)
* C. Comprehensive Plan Amendment Review
(Committee action not required)
* D. Updates
*11.Tax Appeals Committee Report - May 14, 2008
A. Appeals
a-1. Gray
a-2. Rose
B. Withdrawal
b-1. Dimple Enterprises
b-2. Emerald Pointe
b-3. Wirger
C. Administrative
c-1. Scanlan
c-2. Guarraggi
D. Stipulation - Emerald Pointe
12. Legislative, Finance, and Administration Committee Report - May 27, 2008
(Except for the following time sensitive issue, the LF&A Committee Report from May 27, 2008 will be presented to Council during their Regular Meeting of June 9, 2008 for Council’s review and consideration)
A. Pay For Performance (PFP) Review - Consultant Revised Scope of Work
*13.Monthly Reports - April 2008
A. Budget Report
B. Chief of Police Report
C. City Assessor Report
D. City Manager's Report
E. Planning and Inspections Report
F. Dover Fire Department Report
G. CIP Report
14. Downtown Dover Partnership: Bylaws and Articles of Incorporation
15. Set Public Hearing - Electric Fund Budget (Recommended that a Public Hearing be set for June 9, 2008 at 7:30 p.m.)
16. Evaluation of Bids - St. Jones Switchgear
*17.Appointments Recommended by Council President Hogan
A. Safety Advisory and Transportation Committee
a-1.Thomas J. Leary, Chairman (To Fill Expired Term of Kenneth L. Hogan-Term to Expire May 2009)
a-2.Sophia R. Russell (To Fill Expired Term of Thomas J. Leary-Term to Expire May 2009)
B.Tax Appeals Committee - Sophia R. Russell (To Fill Unexpired Term of Kenneth L. Hogan - Term to Expire March 2009)
C.Utility Committee - Beverly Williams (To Fill Unexpired Term of Thomas J. Leary - Term to Expire May 2009)
D.Appointment Recommended by Council President Hogan - Chaplain Wallace Dixon - City Chaplain (Annual Appointment expires June 2009)
*18.Reappointments - Recommended by Mayor Carey
A. Planning Commission - Three (3) Year Terms to Expire June 1, 2011
a-1. Francis C. Nichols - First District
a-2. Col. Robert D. Welsh - First District
a-3. Fred Tolbert - Third District
B.Dover Public Library Commission - Gertrude Jackson - Five (5) Year Term to Expire June 16, 2013
19. Reconsideration of Rezoning/One Year Limitation Expiration - First Reading
(Recommended for referral to the Planning Commission on Monday, June 16, 2008 and that a Public Hearing be set for Monday, July 14, 2008 at 7:30 p.m.)
A.Property Located on the North Side of White Oak Road and Northeast of the Intersection of White Oak Road and Halsey Road, Consisting of 1.1152+/- Acres, Owned by Leon and Dorothy Hansen. The property was rezoned from CPO (Commercial/Professional Office Development) to I/O (Institutional and Office) on September 11, 2006. Request for Extension was denied on September 24, 2007.
20. Rezoning Request/First Reading (Recommended for referral to the Planning Commission on June 16, 2008 and that a Public Hearing be set for July 14, 2008 at 7:30 p.m.)
A.Properties located at 1001 and 1003-1059 Walker Road, owned by Hamlet Shopping Center Associates and 100 West Tenth Street Corporation, consisting of 4.5 +/-acres. The property is currently zoned SC-1 (Neighborhood Shopping Center) and COZ-1 (Corridor Overlay Zone 1) and the proposed zoning is C-2A (Limited Central Commercial), subject to COZ-1.
B.Properties located at the intersection of New Burton Road and Webbs Lane (429 Webbs Lane), owned by Newbofox Properties, LLC, consisting of 2.20 +/- acres. The property is currently zoned C-3 (Service Commercial) and the proposed zoning is C-2A (Limited Central Commercial)
21. First Reading - Rezoning Request/Proposed Ordinance - Land Development Plan Amendment to Comprehensive Plan Update 2003, as Amended in May 2005, September 2006, March 2007, and March 2008
The First Reading is offered on the following proposed ordinance. Since it is an amendment to the Comprehensive Plan, a public hearing is required. It is recommended for referral to the Planning Commission on July 21, 2008 and that a Public Hearing be set before City Council for July 28, 2008 at 7:30 p.m. and that the Second Reading and Final Action by Council will take place at that time. Copies of all proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk’s Office.
A.Property located at 412 East Loockerman Street, owned by the Estate of Gary F. Dalton, consisting of 0.6276 +/- acres. The land use classification is designated as Residential Medium Density on Map 11-1. An application has been received to rezone the property to a zoning classification that is identified as inconsistent with Map 11-1. The appropriate land use classification for the proposed zoning would be Office and Office Parks. The applicant is requesting that the land use type be changed to Office & Office Parks. In addition, the property is currently zoned R-10 (One Family Residential) and the applicant is requesting that the property be rezoned to C-PO (Commercial/Professional Office)
22. First Reading - Proposed Ordinances
The First Reading is offered on the following proposed ordinances. Final action by Council will take place during the Second Reading of the ordinances on June 9, 2008. Copies of all proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office.
A.Chapter 22 - Buildings and Building Regulations
a-1.Article III- Building Code, Section 22-65 - Permit Fees
a-2.Article V - Mechanical Code, Section 22-145 - Heating, Air Conditioning, and Heat Pump Permit Fees
a-3.Article VI - Plumbing Code, Section 22-185 - Permit Fees
a-4.Article IX Lodging Houses, Section 22-301 - Generally
a-5.Article X Rental Dwellings, Section 22-351. Generally
B.Chapter 26 - Businesses, Article II - Licenses, Section 26-35 - License Required; Fees
C.Chapter 46 - Fire Prevention and Protection
c-1.Article III - Fire Codes, Section 46-126 - Fire Prevention Permit, New Paragraph (e) - Final Inspections Fee
c-2.Article IV - Public Occupancies, Section 46-164 - Fees and Section 46-168 - Reinspection Fee, Paragraph (a) - Amount
D.Chapter 66 - Manufactured Homes and Trailers, Section 66-2 - License
E.Appendix A - Subdivisions
e-1.Article IV - Subdivision–Procedure
e-1-i.Section A - Preapplication, Paragraph 1
e-1-ii.Section B - Preliminary Layout, Paragraph 2
e-1-iii.Section C - Plat, Paragraph 3
23. First Reading - Proposed Zoning Text Amendment
The First Reading is offered on the following proposed ordinances. Since they are amendments to the Zoning Code, they are recommended for referral to the Planning Commission on June 16, 2008, and that a Public Hearing be set for June 23, 2008 at 7:30 p.m. and that the Second Reading and Final Action by Council take place at that time. Copies of all proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk’s Office.
A. Appendix B - Zoning
a-1.Article 3 - District Regulations Section 24 - Planned Neighborhood Design
a-1-i.Subsection 24.2 - Review Process
a-1-ii.Subsection 24.8 - Conditional Use Plan Approval, Subsection 24.81
a-1-iii.Section 24.9 - Site Development Preliminary Subdivision Plan Review, Subsection 24.91
a-1-iv.Section 24.10 - Final Subdivision Plat Approval, Subsection 24.101
a-2.Article 8 - Enforcement and Penalties, Section 2 - Certificates of Occupancy, Subsection 2.4
a-3.Article 9 - Board of Adjustment, Section 3 - Procedure, Subsection 3.5
a-4.Article 10 - Planning Commission
a-4-i.Section 1 - Approval of Conditional Uses, Subsection 1.5 - Application, Paragraph 1.52
a-4-ii.Section 2 - Site Development Plan Approval, Subsection 2.45 -Fees
24. Council Members Announcements
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THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.