REGULAR COUNCIL MEETING
The Regular Council Meeting was held on November 22, 1993 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Hutchison, Mr. Salters and Mr. Hare.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, 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.
No one was present wishing to speak during the Open Forum.
Mr. Salters updated members of Council on the Boys and Girls Club of Dover. They have been in communication with the State Housing Authority relative to the construction of a new club in the area of Capitol Green. Such a facility would take off some of the pressure being placed on the current facility from a great number of people wishing to use it. Mr. Salters stated that the Boys and Girls Club is working with other interested groups towards construction of a swimming pool in this area.
The invocation was given by Pastor Myrtle 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 NOVEMBER 8, 1993
The Minutes of the Regular Council Meeting of November 8, 1993 were unanimously approved by motion of Mr. Hutchison, seconded by Mrs. Malone and bore the written approval of Mayor Knopf.
PUBLIC HEARING - SALE OF CITY OWNED LOT - 724 RIVER ROAD
The City placed a lien on a lot located at 724 River Road to recover the costs of demolition of a structure that was on the lot. An auction was held to sell the parcel but no offers were received. The City of Dover acquired the property as recovery of demolition costs. Staff recommended that the lot be sold and sale proceeds, less expenses associated with the sale, be applied to the City's General Fund. The lot is 6,800 square feet and is zoned RG-1. If, after the public hearing, Council approves the sale of the lot, staff suggested that the advertisement for bids be placed on November 25 and December 2, 1993; bid opening on December 20, 1993; and Council approval of sale on January 10, 1994.
Council President Christiansen declared the public hearing open. The minimum bid has been set at $7,871 and the City reserves the right to accept or reject any and all bids.
Council President Christiansen declared the public hearing open.
There was no one present wishing to speak during the public hearing.
Council President Christiansen declared the public hearing closed.
Mr. Hare moved to authorize staff to proceed with the sale of the parcel. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
PROGRESS REPORT - MAIN STREET
Ms. Nan Hagen, Program Director for Main Street Dover, gave a progress report on the Main Street Program. The report focused mainly on empty buildings in the downtown area. Main Street representatives have met with owners of the Priscilla Building and there are currently two viable options for the redevelopment of the Loockerman Exchange space. One option is a food court, which was developed by the Main Street Economic Restructuring Committee, and the second option is for a bar and deli which would be developed by a current downtown business owner. There has been interest shown in the Capitol Theater by an individual from Washington, D.C. who owns a theater/café in Washington. This individual intends to seek interested investors. Ms. Hagen assured Council that Main Street will continue to pursue this proposal.
During the past few months, Ms. Hagen has accompanied potential buyers on tours of the three vacant, historic properties on State Street. There is great interest in these properties but it is believed that development will be contingent upon a change in zoning. Potential purchasers have an interest in a restaurant, large bed and breakfast, and/or office space on the first story with apartments on the upper stories.
Interest in the Bayard Hotel is still apparent although the public auction was not successful. A firm from Wilmington has expressed an interest in purchasing the building for both retail and housing. Meetings with all interested parties will continue.
Two new businesses have recently opened on Loockerman Street. Main Street Dover assisted the owners with selecting the site for the new businesses. Main Street Dover has received a grant in the amount of $5,000 from the Friends of Old Dover to be allocated in smaller grants to downtown Dover business owners wishing to properly maintain or improve the facades of their buildings. Main Street Dover recently sponsored a breakfast for local bankers in which they discussed the development of a low interest loan pool. Such pools have stimulated downtown reinvestment in many communities. All local banks were represented and three have already committed to participate.
Ms. Hagen stated that she plans to give oral or written updates to members of Council in the future to keep them aware of the progress being made by Main Street Dover.
ELECTION OF OFFICERS - ROBBINS HOSE COMPANY
Fire Line Officers of the Robbins Hose Company are elected annually on the third Monday of November. The following results from the November 15, 1993 Robbins Hose Company Election were read into the record:
Fire Chief - Raymond Osika
Deputy Fire Chief - Carleton Carey, Jr.
First Assistant Chief - William R. Staats, Jr.
Second Assistant Chief - David Lewis
Third Assistant Chief - Glenn Whitt
Fourth Assistant Chief - Harry W. Pusey
Fire Line Captain #1 - Allen Jones
Fire Line Captain #2 - Donald Bates
Mr. Hare moved for acceptance of the results as reported, seconded by Mr. Salters and carried (Council President Christiansen not voting).
SITE PREPARATION FUNDING (AEROPARK)
A request has been received for abatement of real estate taxes for a facility, Sunroc, to be located at the Kent County Aeropark. The request is for the City to abate property taxes on a ten year sliding scale, commencing with 90% abatement for the first tax year and reducing to 0% in the tenth year.
Mr. O'Connor explained that the facility will bring approximately 300 new jobs to Dover. The success of efforts to locate the facility in Dover was the result of the State, County and City working together as a team. The City Solicitor has reviewed the proposal and City staff endorses its approval.
By motion of Mr. Hutchison, seconded by Mr. Salters, Council adopted the following Resolution by a unanimous roll call vote:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
WHEREAS, J.M. Mullis, Inc. as assignee of Sunroc Corporation has made application for abatement of City real estate taxes in accordance with the Dover Code, Sec. 19.5-34, for Sunroc Corporation, a corporation located in the Commonwealth of Pennsylvania; and
WHEREAS, Council has duly considered the application and finds that it is in compliance with the ordinance for granting tax abatements; and
WHEREAS, it appears that the firm intends to invest in excess of $6,000,000 in a new facility to be located on approximately 40 acres of land in the Kent County Aero Park and to construct a building thereon having approximately 240,000 square feet of space. The application further certifies that when the facility is implemented full scale, it will employ approximately 300 full-time employees with a production line complement of approximately 280 employees and that the company anticipates that 50 percent of these employees would be new hires of the City of Dover/Kent County residents employed on a regular and full-time basis.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, THAT:
1. The application for tax abatement is granted, being in full compliance with the ordinance, and City real estate taxes are abated on a ten-year sliding scale specified in Sec. 19.5-33(b) with a 90 percent reduction for the first year, reducing to a zero percent reduction for the tenth year, the abatement period to commence with the first property tax billing following the completion of the new facility. Quarterly property taxes for new construction on the facility are likewise abated. In accord with Sec. 19.5-34 of the ordinance, Sunroc Corporation agreed to submit an annual recertification for continuance in the program and compliance therewith.
2. Further, as an incentive for the company to locate its plant in the City of Dover where it will be a very substantial employer of residents of the City of Dover, the City will pay to the company the sum of $150,000 to help defray site development costs incurred by the company in locating its plant in the City of Dover, this amount of money to be retrieved by the City in utilities used and paid for by the company at regular commercial rates on the premises in the future, this money to be delivered to the company once it obtains a certificate of occupancy for the plant building on the property. Sunroc Corporation agrees to secure the sum of $150,000 to the City of Dover by issuing a two-year subordinated promissory note and that the note will provide expiration of the first year of occupancy of the building and 50 percent at the expiration of the second year of occupancy of the building, assuming continued compliance by Sunroc Corporation with the conditions of the tax abatement ordinance.
3. The City Manager is authorized to execute the documents necessary to implement this Resolution.
ADOPTED: November 22, 1993
MONTHLY REPORTS - OCTOBER
By motion of Mr. Hare, seconded by Mr. Salters, the following monthly reports were unanimously approved:
Chief Of Police Report
Building Inspector and Fire Marshal Report
City Assessor Report
City Clerk/Alderman Report (Fines)
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
Internal Service Fund, Revenue & Budget Report
Referring to the City Manager's Report, Mr. Hare stated that ridership for the Senior Surrey is down and asked the City Manager for an update on State funding for the Senior Surrey department. Mr. O'Connor stated that although the State obligated themselves to their normal annual contribution and the purchase of a van, they now plan to continue the annual subsidy this year but they will not make the van purchase. They intend to refer the Senior Surrey issue and all other transportation issues to the MPO for review and recommendations on mass transit in Kent County. Members of Council discussed the issue but deferred any action until after review by the MPO.
Mr. Salters moved for approval of the City Manager's Report, seconded by Mr. Hutchison and unanimously carried.
ANNEXATION/REZONING REQUESTS - MIFFLIN ROAD
Requests for annexation/rezoning have been received for property located at 208 Mifflin Road, owned by Karen & Roger Hill, and for property located at 188 Mifflin Road, owned by Charles and Camilia M.B. Spivey. Similar requests were considered by the Utility Committee during the meeting of October 26, 1993. The committee recommended approval of the request and that any additional requests for annexation of property on Mifflin Road be referred directly to Council. The properties are currently zoned RS-1 - Single Family Residential (Kent County) and the proposed zoning classification is R-8 - Single Family Residential (City of Dover).
It was recommended that an annexation referendum be set for December 30, 1993 and that a public hearing be held on January 10, 1994 for both of the properties.
Mr. Hutchison moved that annexation referendums be set for December 30, 1993 and that rezoning public hearings be set for January 10, 1994 at 7:30 p.m. for properties located at 208 and 188 Mifflin Road. The motion was seconded by Mr. Salters and Council unanimously acknowledged the first reading of the following ordinances, by title only, and unanimously adopted the following resolutions:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THAT CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 208 MIFFLIN 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 contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, within a zoning classification as recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special election be held for the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein:
ALL that certain lot, piece or parcel of land and premises with the improvements thereon erected, situated in East Dover Hundred, Kent County and State of Delaware, lying on the West side of the blacktop public road leading from the Dover-Hartly Road (Delaware Route No. 8) to the Dover-Hazlettville Road, being parts of Lots Nos. 12 and 13 on a plot of lands of Atlantic Land Co., Inc., of record in the Office of the Recorder of Deeds at Dover, Delaware, in plot Book 3, Page 157, bounded on the North by Lot No. 11 and on the South by the residue of Lots Nos. 12 and 13, on the West by lands of Eugene B. Gagen et ux and on the East by the said blacktop public road and being more particularly described in accordance with a survey of Charles C. Brown, Engineer-Surveyor, dated July 23, 1973, as follows, to-wit:
BEGINNING at a point in the West right-of-way line of the aforesaid blacktop public road at distance of 1100.6 feet South of land now or formerly of Donald G. Carey et ux, said distance of 1100.6 feet being measured along the West right-of-way line of the said blacktop public road; thence binding with the South line of Lot No. 11 South 65 degrees 35 minutes West a distance of 262.3 feet to a point in line of lands of Eugene B. Gagen et ux; thence binding with the said Gagen lands South 24 degrees 25 minutes East a distance of 122.0 feet; thence binding with the residue of Lots Nos. 12 and 13 North 59 degrees 28 minutes East a distance of 273.13 feet to a point in the West right-of-way line of said blacktop public road; thence binding with the West right-of-way line of the aforesaid blacktop public road and along the arc of a curve to the right with a radius of 2894.9 feet a distance of 92.7 feet back to the place of Beginning, be the contents thereof whatsoever they may.
2. That the election be held on the 30th day of December, 1993 commencing at the hours of 11:00 a.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED: November 22, 1993
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 188 MIFFLIN 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 contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, within a zoning classification as recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special election be held for the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein:
ALL that certain lot, piece, or parcel of land situated in a subdivision known as ATLANTIC LAND COMPANY, INC., East Dover Hundred, Kent County, Delaware, being all of lot #10 as shown on a plan recorded in plot book #3, page #157, being more recently shown on a plan of ELLIOTT SURVEYING dated 7/6/92, said lot lying on the Westerly side of Mifflin Road (60 feet wide), and being bounded as follows; on the North by lot #9, on the East by Mifflin Road, on the South by lot #11, and on the West by lands now or late of Eugene B. and Sophia D. Gagen; being more particularly described as follows:
BEGINNING at a point on the Westerly side of Mifflin Road, a corner for this lot and lot #11, said point being located the following four (4) courses and distances from the intersection of the Northerly side of County Road #73, extended, with the Westerly side of Mifflin Road extended, said courses are as measured along the Westerly side of Mifflin Road: (1) North 9 deg. 30 min. West 358.10 feet, thence (2) By the arc of a circle curving to the left ®=1116.30 feet) a distance of 443.80 feet; thence (3) North 32 deg. 16 min. 30 sec. West 168.90 feet; thence (4) By the arc of a circle curving to the right ®=2894.90 feet) a distance of 230.70 feet to a point, the point of beginning; thence from the said point of beginning the following four (4) courses and distances: (1) South 65 deg. 35 min. 00 sec. West 254.71 feet, measured along line of lot #11, to a point in line of lands of the said Gagen; thence with the same (2) North 24 deg. 25 min. 00 sec. West 100 feet to a point, a corner for lot #9; thence with the same (3) North 65 deg. 35 min. 00 sec. East 250.73 feet to a point on the Westerly side of Mifflin Road, a corner for this lot and the said lot #9, said point being located the following two (2) courses and distances from a point on the Westerly side of Mifflin Road at a corner for the above noted subdivision and lands now or late of Donald G. Carey, said courses are as measured along the said side of Mifflin Road: (1) South 24 deg. 25 min. East 834.90 feet; thence (2) By the arc of a circle curving to the left ®=2894.90 feet) a distance of 65.10 feet; thence from the said corner for the herein described lot and lot #9, along the Westerly side of Mifflin Road, (4) By the arc of a circle curving to the left ®=2894.90 feet) a distance of 100.08 feet to a point, the point of beginning. Containing within said metes and bounds 0.5795 acres of land, more or less, and being known as #188 Mifflin Road.
2. That the election be held on the 30th day of December, 1993 commencing at the hours of 11:00 a.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED: November 22, 1993
FINAL READING - PROPOSED ORDINANCES
The First Reading of the proposed ordinances was accomplished during the Council Meeting of November 8, 1993.
Mr. Lambert moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Leary and unanimously carried.
Mr. Hare moved for adoption of the following ordinances, seconded by Mr. Hutchison and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 10, Housing Code, by deleting the text of Article VI, Public Assembly Structures, in its entirety and holding Article VI in reserve.
Amend Chapter 5 Buildings, Building Regulations, Article II, Building Code, Section 5-21 Fees for permits, by deleting Subsection (c) Sprinkler Permit, and relettering the subsequent subsections in proper alphabetical order.
Amend Chapter 7, Fire Prevention and Protection, Article III, Fire Prevention Code, by deleting Section 7-56 Adopted in its entirety and inserting the following in lieu thereof:
Section 7-56. Adopted
(a) There is hereby adopted by reference that certain publication known as the BOCA National Fire Prevention Code 1993, recommended by the Building Officials and Code Administrators, International, Inc. and the NFPA 1993 National Fire Codes (excluding NFPA Codes 11C, 13E, 402M -41s, 422 424M-473, 901-906, 1001-1041, 1201-1410, 1452-1999) recommended by the National Fire Protection Associates. Three (3) copies of each publication is on file in the office of the Fire Marshal, and such publication is adopted and incorporated as if set out at length herein. The more restrictive requirements of either the BOCA National Fire Prevention Code, 1993 or the NFPA National Fire Prevention Code for 1993 shall apply whenever they maybe in conflict.
It shall be unlawful for any person to violate any of the provisions of the publication adopted in subsection (1). (Code 1968, Subs. 14-1, Ord. of 3-12-72, Subs. 2; Ord. of 4-9-84, Subs. 4; Ord. of 3-11-91)
Amend Chapter 7, Fire Prevention and Protection,Article III, Fire Prevention Code, by deleting Section 7-60 Fire Prevention code board of appeals in its entirety and inserting the following in lieu thereof:
Section 7-60. Construction Code Appeals Committee.
(a) There shall be a Committee to be called the Construction Code Appeals Committee consisting of three (3) members, one of whom shall be the city manager and the other two (2) being elected city officials. The city officials shall be appointed by the City Council President at its annual meeting.
(b) Whenever any person is aggrieved by a decision of the Fire Marshal with respect to the provision of this chapter it is the right of that person to appeal to the Construction Code Board of Appeals. Such appeal must be filed, in writing, within (30) days after the determination by the Fire Marshal. Upon receipt of such appeal, the Construction Code Appeals Committee shall set a time and place in not less than ten (10) nor more than thirty (30) days for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeals shall be given to all parties at which time they may appear and be heard. The determination by the Construction Code Appeal Committee shall be final in all cases.
Amend Chapter 7, Fire Prevention and Protection, Article III, Fire Prevention Code, by re-numbering Section 7-61 as Section 7-62 and inserting a new Section 7-61 as follows:
Section 7-61. Fire Prevention Permit.
(a) Permit Required: - It shall be unlawful to construct, enlarge, alter or demolish a fire protection system without obtaining a Fire Prevention Permit.
(b) Permit Fee: Each applicant for a Fire Prevention Permit shall pay unto the city a permit fee computed as follows before such Permit shall be issued: The sum of nine (9) dollars for each one thousand dollars of costs or multiple thereof of the fire protection system.
Amend Chapter 7, Fire Prevention and Protection, by creating a new Article as follows:
ARTICLE VI. FIRE PREVENTION: PUBLIC OCCUPANCIES
Section 7-63. Safety and fire prevention requirement.
No person shall use or permit to be used any public occupancy structure which does not comply with the 1993 N.F.P.A. Life Safety Code 101.
Section 7-64. Permit Required.
It shall be unlawful for any person to operate any public occupancy listed in Section 7-65 Fees without first obtaining a permit from the license department in order to determine compliance with the provisions of this article. (Code 1968, Subs. 17-38, 17-46, 17-50, 17-54, 17-58)
Section 7-65. Fee.
A person desiring the permit required by the provisions of this division shall pay the appropriate permit fee indicated below:
(1) Churches: Twenty-five dollars ($25.00);
(2) Civic auditoriums: Twenty-five dollars ($25.00);
(3) Clubhouses: Fifty dollars ($50.00);
(4) Commercial auditoriums: Twenty-five dollars ($25.00) for the first two hundred (200) seats and two dollars and fifty cents ($2.50) for each additional fifty (50) seats;
(5) Hospital, nursing home or rest home: Five dollars ($5.00) for the first ten (10) rooms and one dollar and twenty-five ($1.25) for each additional room:
(6) Schools: Twenty-five dollars ($25.00);
(7) Theaters: Twenty-five dollars ($25.00) for the first two hundred (200) seats and two dollars and fifty cents ($2.50) for each additional fifty (50) seats. (Code 1968, Subs. 17-38, 17-46, 17-50, 17-54, 17050; Ord. of 3-23-92)
(8) Public Office Buildings: Twenty-five dollars ($25.00)
(9) Mercantile (10,000 S.F or area or greater): Twenty-five dollars ($25.00)
(10) Day Care Facilities: Twenty-five dollars ($25.00)
(11) Outdoor Public Events, including but not limited to Firework Displays, Carnivals, Outdoor Music Concerts: Twenty-five dollars ($25.00)
Section 7-66. Expiration.
A permit issued pursuant to this division shall expire on the last day of March of each year. (Code 1968, Subs. 17-38, 17-46, 17-50, 17-54, 17-58)
Section 7-67. Display.
The owner or operator of a public occupancy structure shall display the permit granted pursuant to this division in a prominent position near the main entrance of the building at all times. (Code 1968, Subs, 17-39, 17-47, 17-51, 17-55, 17-9)
Section 7-68. Inspections.
The Fire Marshal shall inspect every public occupancy structure according to the procedures set forth in this chapter to ensure compliance with the applicable provisions of this chapter and all other ordinances. (Code 1968, Subs 17-40, 17-48, 17-52, 17-56, 17-60)
Section 7-69 Re-inspection Fee.
(a) There is hereby created a re-inspection fee of twenty-five dollars ($25.00) that shall be charged for any repeated violation cited by the Fire Marshal, determined to be a violation and which requires a follow-up inspection to confirm the correction of the violation.
(b) Re-inspection for the above referenced violations shall cause the Fire Marshal to direct a bill be sent to the operator having had such violations.
(c) Failure to pay the re-inspection fee within 10 - days from the receipt of such bill may permit the City's Fire Marshal to suspend without warning, notice or hearing, any permit to operate a public occupancy for non-compliance with the requirement of this section.
Section 7-70. Suspension.
(a) The Fire Marshal shall suspend the permit issued pursuant to this division when he determines that any public occupancy structure or the premises surrounding such public occupancy structure fails to meet the applicable requirements of this chapter or any rule or regulation issued pursuant hereto. Suspension shall last until the violations have been corrected to the satisfaction of the Fire Marshal, or the suspension shall have been reversed on appeal.
(b) Upon suspending any permit under this section, the Fire Marshal shall notify the permittee and, if possible, remove the written permit from the premises. He shall also notify the license department of the suspension. (Code 1968, Subs. 17-40, 17-48, 17-52, 17-56, 17-60)
Section 7-71. Appeals.
(a) Any owner or operator of any public occupancy structure whose permit to operate the structure is suspended by the Fire Marshal pursuant to this division shall have the right to appeal and notice as provided in this chapter.
(b) Upon suspension of a permit ordered by the Fire Marshal pursuant to Section 7-69 of this Code and upon the permittee serving the city clerk with a notice of appeal pursuant to Section 7-60 of this Code, the permit suspension shall be stayed and the permit shall remain in obeyance until the appeal is decided by the city council. (Code 1968, Subs. 17-41, 17-49, 17-53, 17-57, 17-61)
Section 7-72 Requirements for a fire alarm in a place of assembly.
(a) For the purpose of this ordinance the requirements set forth in the 1993 N.F.P.A. Life Safety Code Section 4-1.2 shall be used to determine if an occupancy is a place of assembly.
(b) For the purpose of this ordinance the requirements set forth in the 1993 N.F.P.A. Life Safety Code Section 5-3.1 shall be used to determine the occupant load of a place of assembly.
(c) Any new occupancy or new portion of an occupancy determined to be a place of assembly by the Fire Marshal, and is capable of receiving an occupant load of 75 persons or greater, shall be required to install a fire alarm in accordance with N.F.P.A. codes governing the installation of fire alarms and the National Electric Code.
(d) Any existing occupancy or portion of an existing occupancy determined to be a place of assembly by the Fire Marshal and is under going renovations in excess of 50% of the assessed value of the building and is capable of receiving an occupant load of 75 persons or greater or is being enlarged to receive an occupant load of 75 persons or greater shall be required to install a complete fire alarm system in accordance with N.F.P.A. codes governing the installation of fire alarms and the National Electric Code.
ADOPTED: November 22, 1993
Mr. Hutchison moved to adjourn, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 8:06 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of November 22, 1993, are hereby approved.