REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 8, 1996 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Fenimore, Mr. Salters and Mr. Hare.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Boaman and Mr. Rodriguez.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Christiansen declared the open forum in session and reminded those present that Council is not in official session and cannot take formal action.
Mr. Richard Ornauer of 17 Mifflin Road complimented the City of Dover Grounds Department on the beautiful flower beds throughout the City. He stated that the citizens of Dover are very fortunate to have such an emphasis placed on the beauty of our city.
The invocation was given by Reverend Mildred Williams, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hare moved for approval of the agenda, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 25, 1996
The Minutes of the Regular Council Meeting of March 25, 1996 were unanimously approved by motion of Mr. Lambert, seconded by Mrs. Malone and bore the written approval of Mayor Hutchison.
PROCLAMATION - DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST
The City Clerk read into the record the following Proclamation:
WHEREAS, 1996 marks the fiftieth anniversary of the International Military Tribunal's trial at Nuremberg of twenty-two major Nazi leaders, and the continuation of subsequent military tribunals, at Nuremberg as well as in other Allied-occupied sectors of Germany, to try additional Nazi criminals; and
WHEREAS, six million Jews were systematically murdered by Nazi Germany and their collaborators from 1933 to 1945, as well as hundreds of thousands of Sinti and Roma (Gypsies) and the handicapped; millions of Poles, religious and political dissidents, and those deemed by the Nazis to be "unworthy of life" were swept into this abyss; and
WHEREAS, all citizens of the United States should remember the atrocities committed by Nazi Germany and their collaborators and recognize that each of us must remain vigilant against tyranny; and
WHEREAS, pursuant to an Act of Congress, the United States Holocaust Memorial Museum designates the Days of Remembrance of the Victims of the Holocaust as Sunday, April 14, 1996 through April 21, 1996, including the international Day of Remembrance known as Yom Hashoah; and
WHEREAS, it is appropriate for the citizens of the City of Dover to join in this commemoration with the United States Holocaust Memorial Museum, this nation's center for learning and remembrance of the Holocaust.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the week of Sunday, April 14, 1996 through Sunday, April 21, 1996, as DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST in memory of those victims and in the hope that we will strive, as a nation and individually, to overcome prejudice and inhumanity through education, vigilance and tolerance.
MILITARY RETIREE APPRECIATION DAY
The City Clerk read into the record the following Proclamation:
WHEREAS, the Military Retiree, is an integral part of the Dover Community; and
WHEREAS, these outstanding citizens have devoted the major portion of their lives to the preservation of our heritage and freedom; and
WHEREAS, on April 13, 1996 these patriots of Dover and many other communities will gather at the Walter L. Fox Post No. 2 of the American Legion.
NOW, THEREFORE, BE IT KNOWN THAT I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim that Saturday, April 13, 1996 be known as "MILITARY RETIREE APPRECIATION DAY" in the City of Dover and urge the citizens of this City to honor these members of the community on this day.
RESOLUTION - SPRING CLEAN UP WEEK
By motion of Mr. Leary, seconded by Mrs. Malone, Council unanimously adopted the following Resolution:
WHEREAS, we are fortunate to live in a City so bountifully endowed with natural assets and we have a continuing responsibility for preserving our environment by keeping it clean, healthy, and beautiful; and
WHEREAS, the annual Old Dover Days celebration, a period set aside to honor the past and heritage of the City, will be celebrated on May 4 - 5, 1996; and
WHEREAS, during this celebration we have the opportunity to demonstrate to ourselves, our neighbors, and our visitors, our commitment to a clean and beautiful city.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the week of April 15 - 19, 1996 is designated as SPRING CLEANUP WEEK in the City of Dover.
2. That all organized and individual segments of our population participate in this noble effort by developing and carrying out imaginative clean-up, paint-up, and fix-up projects which will serve to enhance, restore, or maintain the beauty of all properties in our community.
3. All Spring Clean Up debris should be placed for pickup along with your regular household garbage during the week of April 15 - 19, 1996 so that our City will exemplify cleanliness and beauty during the Old Dover Days celebration.
ADOPTED: April 8, 1996
CONSIDERATION OF REVERTING ZONING CLASSIFICATION - MAPLE DALE DRIVE - MAPLE DALE COUNTRY CLUB
The one year rezoning limitation period for property located along Maple Dale Drive, owned by Maple Dale Country Club, has expired. It is noted that this is the expiration of the one year extension granted by City Council on April 10, 1995. In accordance with Article 10, Section 5.183 of the Zoning Code, Council shall reconsider the zoning classification unless they are given a satisfactory explanation for the failure to commence construction and reasonable assurance that construction will commence soon after passage of the one year period.
The City Planner explained that under existing code requirements, if the latest zoning is in conformance with the Comprehensive Plan and its prior zoning was not, a zoning reconsideration is not necessary and the new zone is made permanent. The draft Comprehensive Plan recommends low density residential uses for this property. Therefore, the new R-10 zone conforms with the draft Comprehensive Plan. Since the proposed Comprehensive Plan is very close to adoption, Mr. DePrima stated no objections to retaining the R-10 zone for the properties along Maple Dale Drive, owned by Maple Dale Country Club.
Mr. Lambert moved that the properties retain the current R-10 zoning classification as recommended by the City Planner. The motion was seconded by Mr. Hare and carried by a unanimous roll call vote, with Mr. Leary abstaining.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on March 25, 1996 with Chairman Salters presiding.
Review of City Code - Chapters 19 - 20
Chapter 19, Streets, Sidewalks and Public Places
Article I - In General - Section 19-6.1, Placement of Canopies and Awnings within City Rights-of-Way - Subsection (c), Approval Required; Application and Subsection (d), Granting Approval; Conditions
The proposed amendment simplifies the approval process by allowing requests for placement of canopies and awnings within City rights-of-way to be reviewed by the Planning Department and approved by the City Manager. This authority formerly rested with City Council and the Planning Commission.
Responding to questions on the deletion of paragraph (d), Mr. DePrima explained that it is intended that only paragraph (d) be deleted and that subsections one through four under paragraph (d) remain as currently written.
Article IV, Sidewalk Specifications - Section 19-59, Construction Materials
The proposed amendment relates to the proposed material used for sidewalks and allows the Planning Commission to waive the use of certain materials, to be consistent with zoning ordinances.
Article VII, Numbering of Buildings - Section 19-114, Duty to Post Numbers and Section 19-115, Enforcement
The Fire Standards Committee recommended amendments to Section 19-114 and Section 19-115 of the Dover Code. The amendment replaces and improves the current house numbering ordinance by increasing the size of numerals from three inches in height to four inches for residential property and six inches for larger apartment, commercial and industrial buildings. The amendments also provide guidelines on locations and requires contrasting colors. The ordinance causes the failure to properly place numbers on a property to be a violation of the City Code and authorizes the City Manager or his appointee to place numbers on a property and charge the cost to the owner of the property if the owner does not do so in thirty (30) days.
The committee recommended approval of the proposed amendments as recommended by staff.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried. (The First Reading of the ordinances will take place during the latter part of the meeting.)
Chapter 19.5 - Taxation
Article II, Valuation of Land Used for Agricultural, Forest, Etc., Purposes - Section 19.5-17(d), Assessment Procedures (Farmland Rollback)
The Delaware Code was recently modified through H.B. #189 to lengthen the number of years that roll-back taxes can be collected on exempt farmland converted to other uses. The proposed ordinance amendment will allow the City of Dover to continue mirroring the Delaware Code and enable the collection of the extended roll-back tax schedule. The City's current ordinance permits a roll-back of five years of taxes on farmland that is converted to other uses. The proposed amendment lengthens the period of time to ten years, one year at a time, until the year 2000 when the full roll-back of ten years will occur.
Answering questions on the reason for the amendment, Mr. Lucas stated that the amendment is an attempt to slow down conversions of farmland to other uses. He explained that the roll-back is based upon the value of the sale price of the farmland. Mr. Tudor felt it unfair to utilize the current sale value to determine the assessment value for the roll-back of taxes for a period covering the ten prior years, stating that the value of the land would be more today than it was 10 years ago. Mr. Lucas stated that although we use the current sale price to calculate the tax, the tax is calculated based upon the tax rate in effect for each of the 10 years.
The committee recommended adoption of the proposed ordinance amendment.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting.)
Article III, Realty Transfer Tax - Section 19.5-19, Definitions
The City of Dover created a realty transfer tax in 1988 and the ordinance was patterned after the State of Delaware legislation for realty transfer tax. Since 1988, the State has made minor changes in the transfer tax law. The Tax Assessor recommended approval of amendments to Section 19.5-19 in order to maintain continuity with the State transfer tax laws and to make interpretation and compliance easier for everyone involved.
The committee recommended adoption of the proposed amendment to Section 19.5-19.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting.)
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
APPOINTMENTS - DOWNTOWN DOVER DEVELOPMENT CORPORATION (DDDC)
Mayor Hutchison requested the reappointment of Karl Dorzback and Susan O'Neill to the Downtown Dover Development Corporation. Their term of office is for three (3) years, to expire on April 23, 1999.
Mr. Hare moved for confirmation of the appointments as requested by Mayor Hutchison, seconded by Mrs. Malone and carried by a unanimous roll call vote.
FIRST READING - PROPOSED ORDINANCES
Mr. Hare moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Salters and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of April 22, 1996.
Mr. Hare moved for acknowledgement of the first reading of the following proposed ordinances, by title only, seconded by Mr. Salters and unanimously carried:
A. ART. I - IN GENERAL - SECTION 19-6.1, PLACEMENT OF CANOPIES AND AWNINGS WITHIN CITY RIGHTS-OF-WAY - SUBSECTION (C), APPROVAL REQUIRED, APPLICATION AND SUBSECTION (D), GRANTING APPROVAL, CONDITIONS
B. ART. IV, SIDEWALK SPECIFICATIONS - SECTION 19-59, CONSTRUCTION MATERIALS
C. ART. VII, NUMBERING OF BUILDINGS - SECTION 19-114, DUTY TO POST NUMBERS AND SECTION 19-115, ENFORCEMENT
D. ART. II, VALUATION OF LAND USED FOR AGRICULTURAL, FOREST, ETC., PURPOSES - SECTION 19.5-17(D), ASSESSMENT PROCEDURES (FARMLAND ROLLBACK)
E. ART. III, REALTY TRANSFER TAX - SECTION 19.5-19, DEFINITIONS
FIRST READING - PROPOSED ZONING ORDINANCES - 1996 COMPREHENSIVE PLAN AND ZONING TEXT AMENDMENTS
Mr. Hare moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Salters and unanimously carried. Since these are amendments to the Zoning Ordinance and Zoning Map, a public hearing is required. It is recommended that the public hearing be set for May 6, 1996. Council President Christiansen reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Special Council Meeting of May 6, 1996.
Mr. Hare moved for acknowledgement of the first reading of the following proposed ordinances, by title only, seconded by Mr. Salters and unanimously carried:
A. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING ZONING DESIGNATIONS TO CONFORM WITH THE 1996 COMPREHENSIVE PLAN
B. ARTICLE 3, SECTION 24 - PLANNED RESIDENTIAL DEVELOPMENT
C. ARTICLE 3, SECTION 25 - RESIDENTIAL CLUSTER DEVELOPMENT
D. ARTICLE 4, SECTION 4.9 - R-20, R-1 AND R-10 CLUSTER DEVELOPMENT
E. ARTICLE 4, SECTION 4.10 - R-8, RM-1, RM-2 AND RG-1 CLUSTER DEVELOPMENT
F. ARTICLE 4, SECTION 4.11 - R-8, RM-1, RM-2 AND RG-1 CLUSTER DEVELOPMENT
G. ARTICLE 5, SECTION 12 - DENSITY BONUS
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinances were accomplished during the Council Meeting of March 25, 1996.
Section 18.5-26 - Goods to be Kept Without Concealment for 14 Days
Mr. Hare moved that the final reading of the proposed ordinances be acknowledged by title only, seconded by Mr. Salters and unanimously carried.
Mr. Hare moved for adoption of the following ordinance, seconded by Mrs. Malone and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 18.5, Secondhand Dealers, Article II, Precious Metals, Section 18.5-26, Goods to be Kept Without Concealment for Seven Days, of the Dover Code be amended by deleting the title and the first sentence in their entirety and inserting in lieu thereof the following:
Sec. 18.5-26. Goods to be kept without concealment for 14 days.
Every secondhand dealer of precious metals must keep without concealment for a period of fourteen (14) days, subject to inspection by any police officer, all goods, wares, and merchandise purchased or received from any person before selling, shipping, or otherwise disposing of the same.
ADOPTED: April 8, 1996
Section 18.5-27 - Melting, Wrecking, and Remodeling
Mr. Hare moved that the final reading of the proposed ordinances be acknowledged by title only, seconded by Mr. Salters and unanimously carried.
Mr. Hare moved for adoption of the following ordinance, seconded by Mrs. Malone and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 18.5, Secondhand Dealers, Article II, Precious Metals, Section 18.5-27, Melting, Wrecking, and Remodeling, of the Dover Code be amended by replacing the words "seven (7) days" with "fourteen (14) days" and any reference of Section 18.5-35(a) be changed to Section 18.5-25(a):
ADOPTED: April 8, 1996
Mr. Salters moved for adjournment, seconded by Mr. Hare and unanimously carried.
Meeting Adjourned at 7:50 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of April 8, 1996, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/DJB