REGULAR COUNCIL MEETING

The Regular Council Meeting was held on July 10, 2000 at 7:50 p.m. with Council President Christiansen presiding. Council members present were Mr. McGlumphy, Mr. Pitts, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters and Mr. Weller. Mr. Gorman and Mrs. Malone were absent.

Council staff members present were Chief Faulkner, Mr. Cooper, Mr. O'Connor, Mr. DePrima, Mrs. Green and Mr. Rodriguez. Chief Carey was absent.

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.

There was no one present wishing to speak during the Open Forum.

The invocation was given by Reverend William M. Fitzhugh, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Salters requested the addition of item #4-E, Legal Opinion - Request for Tax Abatement - Lowe’s Companies, Inc. Mr. Carey moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.

Mr. Salters moved to adjourn into executive session to discuss personnel matters, seconded by Mr. Weller and unanimously carried.

Meeting Adjourned at 7:55 P.M. and Reconvened at 8:30 P.M.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 26, 2000

The Minutes of the Regular Council Meeting of June 26, 2000 were unanimously approved by motion of Mr. Carey, seconded by Mr. Truitt and bore the written approval of Mayor Hutchison.

PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - 152 NORTH QUEEN STREET

A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 152 North Queen Street, owned by the Estate of Rosetta Scott (c/o Gregory Hawkins). The Building Inspector, Mr. DePrima, showed slides depicting the condition of the structure, which consists of a two story wood frame house. The property was declared dangerous by Council in June 1997. After the declaration, the property was slowly repaired by Mr. Hawkins, an heir of the estate, in conformance with the repair order. The property has been left vacant and unattended for more than three (3) months. The weather and lack of maintenance are accelerating the deterioration of the building. It was also noted that the building was used for unlawful selling, serving, and storing of controlled substances.

Mr. DePrima felt that the property could not be repaired and will require demolition. The estimated demolition cost is $10,000.

Staff recommended that City Council: 1) declare the property dangerous; 2) order the property repaired or demolished by July 20, 2000 by the owner or equitable owner at their own risk; 3) order the Building Inspector to cause the repair or demolition of the structure if not completed by the owner or equitable owner within ten (10) days of the date set by Council; 4) order the City Manager, with the assistance of the City Solicitor, to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands to be recovered in a suit at law against the owner.

Councilman Salters, in the absence of 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. Weller moved to authorize the demolition of 152 North Queen Street, as recommended by staff. The motion was seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mr. Gorman and Mrs. Malone absent).

PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - 212 WEST DIVISION STREET

A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 212 West Division Street, owned by Isaac and Mary N. Carter. The Building Inspector, Mr. DePrima, showed slides depicting the condition of the structure, which consists of a two story frame house. The property has been left vacant and unattended for more than three (3) months. The weather and lack of maintenance are accelerating the deterioration of the building. Deterioration includes the foundation wall, roof shingles, wall siding, gutters, and debris in the yard.

Mr. DePrima felt that the property could not be repaired and will require demolition. The estimated demolition cost is $10,000.

Staff recommended that City Council: 1) declare the property dangerous; 2) order the property repaired or demolished by July 20, 2000 by the owner or equitable owner at their own risk; 3) order the Building Inspector to cause the repair or demolition of the structure if not completed by the owner or equitable owner within ten (10) days of the date set by Council; 4) order the City Manager, with the assistance of the City Solicitor, to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands to be recovered in a suit at law against the owner.

Council President Christiansen declared the public hearing open.

Mr. Isaac Carter, owner of the property, advised members that repairs on the building began several years ago with the installation of a foundation beam. Unfortunately, he stated that due to an illness, no further repairs could be made at that time. Mr. Carter stated that once he recovered, additional work was done on the house such as the painting of the windows, roofing repairs, etc. He once again became ill and, because he is on fixed income, repairs had to be discontinued. Mr. Carter explained that it was his illness that has prevented him from moving forward with the necessary repairs. He felt confident that the work on the electrical and siding repairs could begin within four (4) to six (6) weeks and requested that members consider providing additional time to make the required repairs.

Council President Christiansen declared the public hearing closed.

Responding to Mr. Salters, Mr. Carter explained that if provided an extension he could begin the repairs; however, he doubted that they could be completed within 30 days.

Mr. Salters moved to authorize the demolition of 212 West Division Street, as recommended by staff, providing a 30 day extension for repairs to be made, which will expire August 10, 2000. The motion was seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Gorman and Mrs. Malone absent).

PUBLIC HEARING/FINAL READING - PROPOSED ZONING TEXT AMENDMENTS

A public hearing was duly advertised for this time and place to consider Interim Sign Ordinance Amendments to Article 3, District Regulations - Sections 1.15(e), 8.17, 9.15, 10.14, 11.14, 12.15, 13.6, 14.16, 15.18, 16.2, 18.2, 19.16, 20.15, 26.5, and 27.55; Article 5, Supplementary Regulations - Section 4, Sign Regulations; and Article 12, Definitions. Mr. DePrima advised members that the Planning Commission recommended approval of the proposed amendments.

The proposed ordinances were reviewed by the Legislative and Finance Committee and approved by City Council during their meeting of June 26, 2000, at which time the first reading of the proposed amendments was accomplished. Since the ordinances will amend the zoning text, a public hearing is required.

Mr. Truitt moved for acknowledgment of the final reading of the ordinances, by title only, seconded by Mr. Carey and unanimously carried.

Responding to Mr. Weller, Mr. DePrima stated that the sub-committee has scheduled six (6) more meetings to review the ordinances and that the interim period should end by fall 2000, at which time a final Sign Ordinance will be ready for consideration.

Council President Christiansen declared the hearing open.

There was no one present wishing to speak for or against the proposed zoning text amendments.

Council President Christiansen declared the hearing closed.

Mr. Salters moved for adoption of the following ordinances, seconded by Mr. McGlumphy and carried by a roll call vote of six (6) yes, one (1) no (Mr. Weller), and two (2) absent (Mr. Gorman and Mrs. Malone):

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

That Appendix B - Zoning Ordinance of the Dover Code be amended by deleting Article 3, Section 1.15, Item (e), Article 3, Sections 8.17, 9.15, 10.14, 11.14, 12.15, 13.6, 14.16, 15.18, 16.2, 18.2, 19.16, and 20.15 in their entirety.

ADOPTED: July 10, 2000

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

That Appendix B - Zoning Ordinance of the Dover Code be amended by deleting Article 5, Section 4 - Supplementary Sign Regulations in its entirety and inserting in lieu thereof a new Article 5, Section 4 to read as follows:

Section 4. Sign Regulations

4.1.  Purpose Statement

The purpose of this ordinance is to create a legal framework for a comprehensive and balanced system of signs and other street graphics to facilitate legible, comprehensible and pleasant communications between people and the built environment. This ordinance is enacted to avoid the visual clutter that is potentially harmful to vehicular and pedestrian safety, property values, business environment and opportunities, and community appearance. It is the expressed intent of this ordinance to authorize the placement of signs as accessory uses to permitted land uses which are of a size, quantity and sign type consistent and compatible with the visual character of their surroundings, appropriate to the activity or use to which they are accessory, expressive of the identity of individual activities, buildings, neighborhoods and other land uses. These provisions are based upon an understanding of the importance of individual identification, commercial imagery and way finding to the social and economic well being of the community in that individual businesses, institutions and neighborhoods shall be enabled to be clearly identified and their services understood by the traveling public.

        A.   Reserved (The Legibility of Signs)

        B.   Reserved (The Relationship of Signs to the Buildings and Sites they Identify)

4.2   General Provisions

        A.   Permitting. No sign, billboard, advertising display or structure, poster or device shall be erected, moved, enlarged or reconstructed except by permit from the Building Inspector and in accordance with the ordinance.

        B.   Reserved (Administration)

        C.   Reserved (Unsafe, Dilapidated and Illegal Signs)

        D.   In areas under the joint or overlapping jurisdiction of the Delaware Department of Highways and Transportation and the City of Dover with reference to the setback requirements of signs from the front lot line of a property, the more restrictive regulations shall apply.

        E.   All signs, and the premises surrounding the same, shall be maintained by the owner of record thereof in a clean, sanitary and safe condition. All landscaping associated with such signage shall be maintained in a manner which does not obstruct or otherwise limit visibility of such sign, nor create a traffic hazard, nor become overgrown or unsightly.

4.3   Reserved (Sign Definitions)

4.4   Design Requirements

        A.   Reserved (Free-standing Signs)

        B.   Reserved (Materials and Craftsmanship of Signs)

        C.   Reserved (Wall Sign Placement)

        D.   Sign Illumination

Signs that are equipped with illumination sources shall be designed to be equally legible during the day and at night. In addition, the following guidelines shall be adhered to:

                1.  Illumination shall be consistent in intensity and color, and shall not consist of flashing, animated, chasing, or scintillating lights.

                2.  Any sign in or adjacent to a residential use shall not cast lights onto any residential properties. No sign in or adjacent to any residential use shall be internally illuminated unless it is designed so that the background of the sign is of a dark color and only the letters are illuminated.

        E.   Reserved (Changeable Copy Signs)

4.5   Signs Permitted in All Zoning Districts and Not Requiring Permits

        A.   Signs advertising the sale, lease, or rental of the premises upon which the sign is located, which sign shall not exceed six and one-quarter (6 1/4) square feet in residential districts and thirty-two (32) square feet in all other districts, and shall be located behind the property line. One such sign shall be permitted for each two hundred (200) linear feet of street frontage for the parcel.

        B.   Professional name plates that shall not exceed two (2) square feet in area.

        C.   Signs denoting the name and address of the occupants of the premises, which signs shall not exceed two (2) square feet.

        D.   Signs denoting the architect, engineer, or contractor placed on premises where construction, repair, or renovation is in progress, which signs shall not exceed thirty-two (32) square feet in area.

        E.   Directional signs limited in area to no more than two (2) square feet per sign.

4.6   Signs Prohibited in All Districts

The following types of signs or artificial lighting are prohibited:

        A.   Billboards.

        B.   Signs which compete for attention with, or may be mistaken for a traffic signal.

        C.   Temporary signs made of cardboard, paper, canvas or similar impermanent material except by permit from the Building Inspector.

        D.   Portable signs designed to be transported, including but not limited to, signs designed to be transported by means of wheels, signs converted to A frames or T frames, umbrellas used for advertising, and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in normal day-to-day operations.

        E.   Signs that contain fluttering material, or are illuminated by flashing or intermittent lights, or lights of changing degrees or intensity, except signs indicating the time, date, or weather conditions.

4.7   Permitted Signs

Signs which conform with the provisions and specifications set forth in Table 4.7 (Sign Table) below shall be permitted in accordance with all applicable provisions of this Ordinance: