Regular City Council Meeting
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Mar 25, 1996 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on March 25, 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 Ms. Crystal Reihm.

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 asked when the City planned the Spring Clean Up Program. Mr. O'Connor stated that he did not know the exact date, but stated that it always occurs just prior to Old Dover Days weekend. (It is noted that Spring Clean Up Week is scheduled for April 15 - 19, 1996.)

Mrs. Rexene Ornauer of 17 Mifflin Road shared her dismay with the news that Comcast is buying the Philadelphia hockey and basketball teams as well as their respective stadiums. She stated that if Comcast has the amount of money required for such a purchase, then they should apply it towards the lowering of fees for cable service subscribers.

Mr. Mike Chapman of 863 Schoolhouse Lane asked the City Planner about a proposal to construct over 40 houses along LePore Road. Mr. Chapman stated that it appears that there is insufficient property to construct that many homes. Mr. DePrima stated that the project is known as The Overlook at Silver Lake and has been approved by the Planning Commission and City Council. He assured Mr. Chapman that there is sufficient property and welcomed Mr. Chapman to review the plans in the City Planner's Office.

The invocation was given by Father William Komstedt. Members of Council were led in the Pledge of Allegiance by students from the Capital School District who have achieved perfect attendance and report cards throughout the school year.

AGENDA ADDITIONS/DELETIONS

Mrs. Malone moved for approval of the agenda, seconded by Mr. Pitts and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 11, 1996

The Minutes of the Regular Council Meeting of March 11, 1996 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Fenimore and bore the written approval of Mayor Hutchison.

PROCLAMATION - CITY OF DOVER EMPLOYEE APPRECIATION DAY

The City Clerk read into the record the following Proclamation:

WHEREAS, the City of Dover employees work diligently for all our citizens; and

WHEREAS, the employees of the City of Dover strive daily, through their dedication and hard work, to promote Community Excellence Through Quality Service; and

WHEREAS, it is due to the high productivity and accomplished efforts of our employees that the citizens of Dover are able to enjoy one of the lowest utility and tax rates in this region; and

WHEREAS, the City of Dover values its employees, recognizing that every member of the work force - from meter reader to engineer, laborer to policeman, dispatcher to secretary - is an integral part of the day to day operations of the City of Dover and its success is due largely to the pride and efforts of its employees.

NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim Friday, March 29, 1996, as CITY OF DOVER EMPLOYEE APPRECIATION DAY, in recognition of the dedication and hard work of City of Dover employees, and ask the citizens to participate in this event by taking a moment to thank a City of Dover employee for their outstanding service to our community.

PROCLAMATION - PERFECT ATTENDANCE MONTH

The City Clerk read into the record the following Proclamation:

WHEREAS, an alarming number of our students do not graduate from high school and we can no longer afford to ignore the issue; and

WHEREAS, our economic welfare, social ethics, and community atmosphere hinge upon the thesis of education and knowledge for all children of all the people; and

WHEREAS, in keeping with "New Directions" and the First State Plan, Delaware 2000, the Capital School District is promoting a dropout prevention/attendance improvement project; and

WHEREAS, one of the objectives of the project is "to help students recognize that education is critical for success in life and to ensure their graduation"; and

WHEREAS, it is necessary that we review our commitments to helping students reach for high goals and aim for high achievements; and

WHEREAS, parents, churches, business, and the community are charged with the task of serving as role models for our youth, to help them stay in school and succeed.

NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim April 1996 as PERFECT ATTENDANCE MONTH and call on the entire community to offer their help in encouraging our students to attend school, stay in school, and graduate from high school.

Mayor Hutchison presented the Proclamation to Mrs. Geraldine Jones, visiting teacher for Dover High School. Mayor Hutchison congratulated the students that have achieved a perfect attendance record and encouraged them to continue their education with complete commitment. Mrs. Jones accepted the Proclamation on behalf of Dr. Joseph Crossen, Superintendent of the Capital School District, and members of the Board of Education. She thanked Mayor Hutchison and members of Council for recognition of their efforts. Mrs. Jones stated that Capital School District has formed community partnerships that includes a large number of businesses, churches, community organizations and individuals. These individuals participate in tutoring, mentoring and reading to children in fixed sites throughout Dover. There currently are six sites in Dover that serve 185 children. Mrs. Jones reminded the public that it takes the entire community to rear all of our children and she thanked those that have taken this initiative.

ANNEXATION REFERENDUM/REZONING PUBLIC HEARING - PROPERTY LOCATED AT 908 DOVER KENTON ROAD - JULIUS AND PATTY COPES

An annexation referendum was held on March 14, 1996 for property located at 908 Dover Kenton Road, owned by Julius H. and Patty A. Copes.

Referendum Results

The City Clerk reported that the referendum was held with two eligible voters. One vote was cast in favor of the annexation, with no votes cast against annexation. Mr. Leary moved for acceptance of the annexation referendum results, seconded by Mrs. Malone and unanimously carried.

Annexation

By motion of Mr. Lambert, seconded by Mr. Leary, Council adopted the following Resolution by a unanimous roll call vote:

A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.

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, and

WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:

All that certain lot, piece or parcel of land with improvements erected thereon, situate in East Dover Hundred, Kent County, State of Delaware, lying on the westerly side of State Road #104 which leads from Horsehead Road to Chestnut Grove School, being bounded on the east by said Road, on the South by lands now or formerly of Morris Zurkow and on the West by lands now or formerly of Nisson A. Finkelstein and Rona G. Finkelstein, his wife, and North by lands of the grantor herein, and being more particularly described as follows to wit:

Beginning at a point in the Westerly line of State Road #104 at a corner for this lot and for lands late of said Zurkow; thence with the lands late of said Zurkow, South 49 degrees 22 minutes West, a distance of 148.37 feet to a point in the line of lands late of said Zurkow, at a corner for this lot and for other lands of said Finkelstein; thence running with lands of Finkelstein, North 58 degrees 15 minutes West, a distance of 59.07 feet to a stake; thence along lands of the grantor herein, North 37 degrees 16 minutes East, a distance of approximately 150.75 feet to a stake in the Southerly right of way line of County Road #104; thence along said right of way, South 52 degrees 44 minutes East, a distance of 89.90 feet to a point and place of beginning, the contents thereof being approximately .251 acres plus or minus.

2. The above described property shall be annexed into the City of Dover with a zoning classification of R-8 (Single Family Residential) in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.

3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.

4. That the effective date of this resolution shall be the 26th day of March, 1996 at 12:01 a.m. o'clock.

ADOPTED: March 25, 1996

Public Hearing - Zoning Classification

The City Planner, Mr. Tony DePrima, explained that the property is currently zoned as R-S (Single Family Residence) in the County. The property is a single family home and as such, the City Planner is authorized to make the recommendation directly to City Council on the annexation and rezoning. The recommendation of the City Planner is for approval of the annexation request. The City Planner explained that to the north, west and south of this property are lands in the unincorporated portions of Kent County and all are in use for residential purposes and zoned R-S. To the east and across Kenton Road is the Dover Fire Station #2 and a single family home (both zoned as R-7 - Single Family Residential) and are located within City boundaries.

The Comprehensive Plan recommends low density homes and the Interim Annexation Policy has assigned the property as a Category #1 status which is most desirable for annexation. The City Planner has recommended the zoning category of R-8 (Single Family Residential). The County zoning category was R-S (Single Family Residential).

Council President Christiansen declared the public hearing open.

There was no one present wishing to speak for or against the proposed rezoning.

Council President Christiansen declared the public hearing closed.

Mr. Hare moved that the property be zoned R-8 (Single Family Residential) as recommended by the City Planner. The motion was seconded by Mr. Salters and by a unanimous roll vote, Council adopted the following ordinance. (The first reading of the proposed ordinance was accomplished during the Council Meeting of February 12, 1996.)

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 908 DOVER KENTON ROAD.

WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and

WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from R-S - Residential Single Family (Kent County zoning classification) to R-8 - Single Family Residential (City of Dover zoning classification).

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

1.       That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-S (Kent County zoning classification) to R-8 (City of Dover zoning classification) on that property located at 908 Dover Kenton Road, owned by Julius H. and Patty A. Copes.

ADOPTED:   March 25, 1996

 

LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met on March 11, 1996 with Chairman Salters presiding.

Proposed Amendment - Chapter 18.5 - Secondhand Dealers - Section 18.5-26 - Goods to be Kept Without Concealment for Seven Days

During the committee meeting of February 26, 1996, committee members tabled action on a proposal to amend Section 18.5-26 of the Code to extend the period of time for goods to be kept from seven (7) to thirty (30) days.

Taking into consideration concerns of committee members in extending the period of time to thirty (30) days, Chief Smith recommended that the period of time be extended from seven (7) days to fourteen (14) days. He felt that a fourteen (14) day period of time would resolve concerns of extending the time too drastically and would still allow adequate time to properly inspect the property and meet the intent of the ordinance.

This amendment would also require an amendment to Section 18.5-27 to extend the period of time from seven (7) to fourteen (14) days and to correct a typographical error to change any reference to Section 18-5-35(a) to Section 18.5-25(a).

The committee recommended approval of the proposed ordinance amendments recommended by Chief Smith. Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation. The motion was seconded by Mr. Hare and carried by a unanimous roll call vote. (The First Reading of the ordinance will take place during the latter part of the meeting.)

Capitol Billiards - Request for Appeal of Section 14-15 (Smoking Regulations) of City Code

In accordance with Section 14-15, paragraph E-(3), Capitol Billiards requested a waiver from the requirements of Section 14-15 to allow smoking in their place of business. In a letter to Council, Mr. Ralph Causey, President, stated that between 60% and 85% of their customers are smokers. They have taken steps to help alleviate smoke such as installing two large Space Gard air cleaners and 14 ceiling fans. They feel that if smoking is banned at Capitol Billiards, the financial impact could quite possibly force them to close their doors.

A letter was received from Mr. Daniel Roberts who voiced objections to approving a waiver for Capitol Billiards. Mr. Roberts stated that young children are brought to Capitol Billiards and are subjected to the second hand smoke. Mr. Roberts stated that he too is a smoker but would have no objections to going outside to smoke if smoking was banned in the establishment.

Mr. DePrima explained that exceptions have been granted in the past to Dover Downs and to Dover Bowl. Dover Downs was given a blanket waiver and Dover Bowl was granted an exception to the ordinance, but it was stipulated that non-smoking be encouraged and that they attempt to separate smokers from non-smokers. Under the current ordinance, a Billiard Parlor is a public place and must abide by the City smoking ordinance.

Mr. Ralph Causey, President of Capital Billiards, informed the committee that the image of old-time pool halls has changed over the years and they attempt to make their facility one that is conducive to family recreation. They have patrons of all ages, but it would be difficult to separate the room to accommodate smoking and non-smoking sections. To his knowledge, this is the first complaint that has been lodged with the City against his business since it opened four years ago.

Since the business is promoting family recreation, Mrs. Malone objected to a total waiver from the smoking ordinance.

After discussing the matter at length, the committee recommended that Council grant the waiver from the City's smoking ordinance as requested by Capitol Billiards and in accordance with Section 14-15.

Mr. Salters moved for approval of the committee's recommendation. Mr. Leary seconded the motion for discussion purposes.

Mrs. Malone reminded members of Council that during the committee meeting, the owner of Capitol Billiards emphasized that the facility is geared towards family entertainment and that patrons of all ages are welcomed. It is understandable that adult only facilities, such as tap rooms, are not required to have non-smoking areas. However, since young children are permitted in this facility, Mrs. Malone strongly objected to giving a full waiver from the smoking regulations to Capitol Billiards and suggested that a compromise be considered.

Responding to questions by Mrs. Malone, Mr. DePrima stated that he visited the facility and found that it is basically one large room, with a very small snack bar, and contains 22 or 23 billiard tables. There are several ceiling fans throughout the facility and two air cleaners. He felt that it would be possible to designate a couple of tables as non-smoking tables, but stated that it would be very difficult to totally separate smoking from non-smoking areas without modification to the building.

Mr. Tudor stated that although this facility is a private business, he feels that Council has a duty to protect minors. He visited the facility and found it to be heavy with smoke even though the request for a waiver from the City's smoking regulations has not yet been acted upon. He suggested that if the owner wants a total ban from the smoking regulations, then he should prohibit children from the facility. Otherwise, it was Mr. Tudor's feeling that the request for waiver should be denied.

Mr. Hare stated his opinion that a parent should not take a minor child into an environment of smoke filled rooms. He did not feel, however, that City Council should mandate where a parent can or cannot take their children. He reminded members that patrons have a choice as to whether or not they wish to patronize this facility.

Mr. Leary stated that the health issue versus the right of someone to conduct their own business are the same issues brought to light during the original public debate on the smoking regulation ordinances. He felt that some compromise could be reached on the matter.

Mr. Lambert warned that over-regulation of businesses could ultimately put them out of business. It was his feeling that a prudent businessman will do whatever he has to do to make his customers happy without direction from the City. If enough customers of this facility want a non-smoking area, the owners would be wise to provide such an area. Mr. Lambert felt that this is a common sense issue and does not require interference from the City.

Mr. Salters reminded Council that the City already has an ordinance regulating smoking in private businesses. This establishment has been violating our current ordinance and he felt that agreeing to the requested waiver would encourage other businesses to do the same and ultimately the ordinance would lose all credibility.

Mr. Fenimore stated that in a perfect world we would not need to regulate private business, but we obviously do not live in a perfect world. He stated his feeling that there is middle ground that could be reached and suggested that a partial waiver be granted similar to the one granted to Dover Bowl. He stated that he would not support a total waiver as he feels it would dilute the City's ability to enforce it with other businesses. He also felt it would be unfair to mandate a completely smoke free environment at Capitol Billiards. Mr. Fenimore stated that smoking parents can take their children into smoking areas of restaurants and other establishments that separate one from the other. There is no law that prohibits a parent from taking their children into a smoking environment. He suggested a compromise similar to the motion approved for the Dover Bowl.

On a call for the question by Mr. Salters on the motion that Council grant the waiver from the City's smoking ordinance as requested by Capitol Billiards, the motion failed by a roll call vote of six (6) no, and three (3) yes (Mr. Lambert, Mr. Leary and Mr. Hare).

Mrs. Malone moved that Council grant an exception to the smoking regulation ordinance for Capitol Billiards in accordance with Section 14-15, Subsection (e)3 of the Dover Code, stipulating that non-smoking be encouraged at Capitol Billiards and that the owners attempt to separate smokers from non-smokers when possible. The motion was seconded by Mr. Pitts and carried by a roll call vote of seven (7) yes, two (2) no (Mr. Tudor and Mr. Salters).

Miscellaneous Zoning Ordinance Amendments

Three minor amendments to the Zoning Ordinances were submitted by the City Planner. The amendments are to the RG-2, RG-4 and RG-5 zones which would remove language in the Code that regulates buildings via the form of ownership and replace it with uses based on defined types of buildings. It is generally believed that zoning regulations should not reference forms of ownership. The proposed amendments have been reviewed and approved by the City Solicitor and the Planning Commission recommended their approval.

The committee recommended approval of the proposed zoning ordinance amendments, as recommended by the City Planner and that a public hearing be set for April 22, 1996.

Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation. The motion was seconded by Mr. Hare and carried by a unanimous roll call vote. (The First Reading of the ordinance will take place during the latter part of the meeting.)

Purchase of Criminalistic Van

A need was identified to enhance the Police Department's ability to properly detect, collect and process evidence required to identify, arrest and effectively prosecute cases. At the present time, the City Police Department has no type of evidence collection vehicle. Funding in the amount of $70,000 was obtained from grant resources to make this purchase.

The evidence collection vehicle will allow trained investigators to respond to any type of crime and have at their disposal over 25 specialized evidence field collection kits. The vehicle is also equipped with a generator, sink, refrigerator (for storage of blood samples), evidence storage cabinets and floodlights. The training of personnel in the use of the vehicle and the specialized collection kits are essential to be successful.

SIRCHE is the single vendor that meets the needs of the Dover Police Department to supply a vehicle fully equipped, with training, and does not require that we develop specifications. SIRCHE is located in New Jersey, but the other two possible vendors are located in Wisconsin and California. It was noted that the Wilmington Police Department purchased a similar vehicle in 1994 from SIRCHE.

The Police Department requested approval of the purchase of the criminalistic van from SIRCHE at a cost of $65,000 to be funded from grant resources.

The committee recommended approval of the purchase as recommended by staff.

Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation. The motion was seconded by Mr. Hare and carried by a unanimous roll call vote.

Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.

UTILITY COMMITTEE REPORT

The Utility Committee met on March 11, 1996 with Councilman Tudor presiding in the absence of Chairman Lambert.

Evaluation of Bids - Diesel Powered Municipal Street Sweeper

In conjunction with the City's Capital Investment Plan, the Department of Public Works proposed the replacement of an existing mobile sweeper. This piece of equipment is used on a continuous basis to clean streets of various types of debris and operates on both day and night schedules on all streets throughout the City. Two vendors submitted bids for the street sweeper, with the low bid from Mid Atlantic Waste Systems, Inc. for a TYMCO 600 BAH Mobile street sweeper in the amount of $86,236. In addition to the base bid, both vendors submitted a list of optional equipment. Staff requested that the bid be awarded to Mid Atlantic Waste Systems, Inc. in the amount of $86,326 for the street sweeper and for $4,682 for the purchase of the optional equipment.

The committee recommended approval of the purchase of a TYMCO 600 BAH Mobile Street Sweeper in the amount of $87,236 and for the purchase of optional equipment in the amount of $4,682 from Mid Atlantic Waste Systems, Inc.

Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote.

Bids - Curb Replacement Program (Contract 96-06)

In conjunction with the City's Capital Investment Plan, it was proposed to remove and replace approximately 9,916 lineal feet of curb and miscellaneous concrete work on existing streets scheduled for resurfacing. Funding for the project is being provided by the City and DelDOT Suburban Street Aid Agreements. Bids were received from five contractors with the low bid received from Kent Construction Co. Inc, in the amount of $229,866.50.

The City will be funding approximately 30% of the costs, with the remaining funding coming from the State. Mr. O'Connor expressed appreciation to Representatives Wagner and Stone and Senators Still and Bonini for their financial assistance.

The committee recommended that the bid be awarded to Kent Construction Co., Inc., in the amount of $229,866.50, to remove and replace approximately 9,916 lineal feet of curb and miscellaneous concrete work on existing streets scheduled for resurfacing.

Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote, with Mrs. Malone abstaining.

Truck Chassis Bids

The engine failed in truck #769, a 1983 GMC truck utilized by the Electric Department, and because of its age, it was determined that it was not economically feasible to replace the engine. The vehicle was sold by sealed bid and the City temporarily borrowed a truck from the Street Department. The Street Department now needs the vehicle back so bids were let for the purchase of a new truck chassis. The low bid was received from Delmarva Kenworth in the amount of $41,600. Mr. O'Connor explained that staff had originally recommended that the bid be awarded to Delmarva Kenworth since they were the low bidder. He explained that until recently they saw no significant difference on the exceptions taken by Delmarva Kenworth on the bid. However, it has been brought to the City's attention that there is a difference between a wet and dry sleeve engine. The Kenworth bid was for a dry sleeve engine, which would have to be totally rebuilt or replaced in the case of engine failure. This is not the case with a wet sleeve engine. Since there was only a difference of $20 in the bid, staff now recommends that the bid of C.F. Schwartz in the amount of $41,620 be accepted.

The committee recommended that a purchase order be issued to C.F. Schwartz in the amount of $41,620 for the purchase of the truck chassis.

Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.

Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mrs. Malone and unanimously carried.

MONTHLY REPORTS - FEBRUARY 1996

By motion of Mrs. Malone, seconded by Mr. Salters, the following monthly reports were accepted:

          Chief of Police Report

Building Inspector and Fire Marshal Report

City Assessor Report

City Clerk/Alderman Report (Fines)

          City Manager's Report

          Mayor's Report

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

FIRST READING - PROPOSED ORDINANCES

Mr. Leary moved to waive the reading of the proposed ordinances before Council, seconded by Mrs. Malone 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 8, 1996.

Mr. Leary moved for acknowledgement of the first reading of the following proposed ordinances, by title only, seconded by Mrs. Malone and unanimously carried:

A.  SECTION 18.5-26 - GOODS TO BE KEPT WITHOUT CONCEALMENT FOR 14 DAYS

B.  SECTION 18.5-27 - MELTING, WRECKING AND REMODELING

FIRST READING - PROPOSED ZONING ORDINANCE AMENDMENTS

Mr. Salters moved to waive the reading of the proposed ordinances before Council, seconded by Mrs. Malone 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. Since the ordinances are amendments to the Zoning Code, a public hearing is required. A public hearing and final action by Council on the proposed ordinances will take place during the Council Meeting of April 22, 1996.

Mr. Salters moved for acknowledgement of the first reading of the following proposed ordinances, by title only, seconded by Mrs. Malone and unanimously carried:

A.  ART. 3, SEC. 2, GENERAL RESIDENCE ZONES (RG-1 & RG-2), SUBSEC. 2.12

B.  ART. 3, SEC. 4, GENERAL RESIDENCE ZONES FOR MULTI-STORY APARTMENTS (RG-4), SUBSECTION 4.12

C.  ART. 3, SEC. 5, GENERAL RESIDENCE ZONES FOR MID-RISE APARTMENTS (RG-5),            SUBSECTION 5.12

FINAL READING - PROPOSED ORDINANCE

The First Reading of the following proposed ordinance was accomplished during the Council Meeting of March 11, 1996.

Mr. Hare moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mrs. Malone and unanimously carried.

Mr. Salters 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 the Dover Code be amended by deleting Chapter 16, Peddlers, Article II, Permit in its entirety with the exception of Section 16-16(b) which will be renumbered as Article, I, Section 16-7 to read as follows:

Section 16-7. Peddling Prohibited in Commercial Zones

No peddler shall solicit or do business of any nature whatsoever in any commercial zone of the City of Dover as defined and described in the zoning ordinance of the City of Dover and the zoning map of the City of Dover.

ADOPTED: March 25, 1996

Mr. Lambert moved for adjournment, seconded by Mr. Hare and unanimously carried.

Meeting Adjourned at 8:30 P.M.

                                                                       DEBRAH J. BOAMAN

                                                                       CITY CLERK

All orders, ordinances and resolutions adopted by City Council during their meeting of March 25, 1996, are hereby approved.

                                                                       JAMES L. HUTCHISON

                                                                       MAYOR

/DJB