REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 25. 1994 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. Boatman and Mr. Pepper.
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 Councilman Reuben Salters, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Leary requested the addition of agenda item #16 - Executive Session, to discuss personnel matters.
Mr. Salters moved for approval of the agenda as amended, seconded by Mr. Hutchison and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 11, 1994
The Minutes of the Regular Council Meeting of April 11, 1994 were unanimously approved by motion of Mr. Lambert, seconded by Mrs. Malone and bore the written approval of Mayor Knopf.
PROCLAMATION - ARBOR DAY
The City Clerk read into the record the following Proclamation:
WHEREAS, in 1827 J. Sterling Morton proposed that a special day be ::.;et aside for the planting of trees; and
WHEREAS, this holiday, called Arbor Day, is observed throughout the nation and the world; and
WHEREAS, the City of Dover was named a Tree City USA in 1993 for the fifth consecutive year by the National Arbor Day Foundation, recognizing Dover for its outstanding urban forestry program; and
WHEREAS, the City maintains a goal of planting two trees for every one tree removed; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, reduce heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and
WHEREAS, the City of Dover received trees through the State Department of Agriculture's "Urban and Community Forestry Program"; and
WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and
WHEREAS, a community's tree planting program is a living memoria-L to the citizens' concerns for the quality of life.
know, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, do hereby proclaim April 29, 1994 as "Arbor Day" in the City of Dover and urge all citizens to support the efforts to care for our trees and woodlands.
FURTHER, as the City of Dover plants trees on public property, I urge all citizens to plant trees on private property to enhance the environment and promote the well-being of present and future generations.
On behalf of Mayor Knopf. Councilman Pitts presented the Proclamation to Mr. William Cooper, City of Dover Grounds Supervisor and Mr. Don Knox, Community Services Director. Ms. Constance Zipperer of the Delaware Department of Agriculture thanked the City Council for their support to the program and presented the City with an award dedicating recognition of the City of Dover's Tree City USA designation for five consecutive years. Mr. Cooper state(I that in observing Arbor Day, his department will be planting trees at Silver Lake Park on APRIL 29, 1994 at 10:00 a.m. and invited the public to participate.
PROCLAMATION - SMALL BUSINESS WEEK
The City Clerk read into the record the following Proclamation:
WHEREAS, the history of America is one of a country at work--a country of farmers, manufacturers and merchants joining together to create El greater society; and
WHEREAS, our growing and thriving nation is built on individual initiative, a competitive character and intense pride in our achievements; and
WHEREAS, the Central Delaware Chamber of Commerce engages in activities to assist small business persons and each year nominates small business persons as examples of the quality of the business persons in Central Delaware; and
WHEREAS, this year, the Central Delaware Chamber of Commerce has nominated:
Theron L. Boots - Culligan Water Conditioning, Inc.
Michael J. Harrington, Sr. - Harrington ERA Realty, Inc.
E. Stuart Outten - Capitol Cleaners & Launderers, Inc. and
Capitol Linen and Uniform, Inc.
W. Charles Paradee, Jr. - Paradee Gas Company
Ebe S. Townsend. Jr. - Townsend Bros. Chevrolet/GEO
as outstanding small business persons.
NOW, THEREFORE, I, AARON 0. KNOPF, Mayor of the City of Dover, do hereby proclaim the week of May 1-7, 1994 as "SMALL BUSINESS WEEK" in the City of Dover and ask that all in our fine City pay tribute to its small business men and women.
PROCLAMATION - JASON MOANEY DAY
The City Clerk read into the record the following Proclamation:
WHEREAS, four years ago, Jason Moaney began his apprenticeship with the Dover High School Wrestling Team; and
WHEREAS, Jason Moaney dedicated himself to be the best in his field and had high hopes of becoming Delaware's State Champion, never letting the ultimate dream of National Champion stray from his mind; and
WHEREAS, during his high school wrestling career, Jason Moaney won three straight Henlopen Conference Titles, and claimed back-to-back State titles in 1993 and 1994: and
WHEREAS, with great strength of mind, body and character, Jason Moaney, a student at Dover High School in the City of Dover, Capital of the First State. finished the 1994 wrestling season with a record of 41-0, and compiled an overall career record of 102-11, making him eligible to compete in the National Wrestling Competition in Pittsburgh, Pennsylvania; and
WHEREAS, Jason Moaney captured the 160 pound National Wrestling Title after besting North Dakota's two-time State Champion, Kevin Haider, to produce Delaware's second high school National Wrestling Champion.
NOW, THEREFORE, I, AARON O. KNOPF, Mayor of the City of Dover, along with City Council and the Citizens of Dover, do hereby Proclaim May 1, 1994 as
JASON MOANEY DAY
in the City of Dover and present the Dover Cup to Jason and his family as a token of our admiration and pride for his accomplishments and our appreciation for sharing his laurels with the citizens of Dover.
Councilman Christiansen and Councilman Salters presented the Resolution and a Dover Cup to Jason Moaney on behalf of the Mayor and Council. Coach Harry Rigby and Assistant Principal Cecil Wilson were present to lend their support to Mr. Moaney.
Councilman Salters relayed that Jason Moaney has a set a great example for his peers to follow and that he will serve as a positive role model for others. On behalf of the Brothers of Zeta Rholambd, a Chapter of Alpha Phi Alpha Fraternity, Inc., a plaque was presented to Jason Moaney convey their congratulations and their wish for his continued success.
DISTINGUISHED BUDGET PRESENTATION AWARD
The Distinguished Budget Presentation Award. from Government Finance Officers Association. was awarded to the City of Dover for fiscal year beginning July 1, 1993. This award signifies the excellent manner in which the City prepares its budget. City Manager James O'Connor and Mrs. Fran Hettinger accepted the award on behalf of Mrs. Terry Tieman. Mr. O'Connor conveyed his appreciation to Mrs. Tieman and her staff for their excellent work in preparing the budget document.
PUBLIC HEARING/FINAL READING - MISCELLANEOUS ZONING TEXT AMENDMENTS
A public hearing was duly advertised to consider adoption of several miscellaneous zoning text amendments. The proposed amendments are in conjunction with staff's on-going effort to modernize, clarify, and streamline the City's regulations. Mr. DePrima explained that although there is no particular theme to the proposed amendments, several are designed to encourage our central area redevelopment efforts. The first reading of the proposed zoning text amendments was accomplished during the Council Meeting of March 28, 1994. The City of Dover Planning Commission and Legislative and Finance Committee Finance Committee recommended approval of the proposed amendments.
Council President Christiansen declared the public hearing open.
There was no one present wishing to speak for or against the proposed zoning text amendments.
Council President Christiansen declared the public hearing closed.
Mr. Leary moved for approval of the proposed zoning text amendments. The motion was seconded by Mr. Salters and by a unanimous roll call vote, the following ordinances were unanimously approved:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER. IN COUNCIL MET:
Amend Article 5, Section 4 by establishing a Section 4.5. which is currently a reserved section, as follows:
4.5 Canopy signs shall be permitted in association with automobile service station uses in zoning districts which permit such use in accordance with the following provisions:
a) Canopy sign height shall not exceed 30 feet.
b) Canopy sign copy shall be directed toward a public street.
c) Canopy sign area shall be limited to no greater than 10% of the area of the canopy face to which the sign is applied."
Amend Article 12 (Definitions) by inserting in the correct alphabetical location the following:
"Canopy Sign. A sign attached to an overhead roof-like structure projecting from a wall of a building or supported on pillars."
Amend Article 5, Section 14 by deleting Section 14.34 in its entirety and inserting in lieu thereof the following:
"14.34 Signs in all Residential Zones: Signs shall be limited as follows:
a)Family and Group Day Care Homes - One (1) wall mounted sign limited to 2 square feet.
b)Day Care Center - One (1) sign, wall-mounted or freestanding, limited in area to 12 square feet. The Planning Commission shall consider the location of such sign as part of the Conditional Use Review and may approve a lesser amount of sign area if deemed necessary by the Commission to protect the general health, safety and welfare of the public in general and the residents of the immediate neighborhood in particular.
Signs in Non-Residential Zones: Day care centers within nonresidential zoning districts shall be governed by the Sign Regulations in affect for the particular non-residential zoning district in which the day care center is located.
Amend Article 12 (Definitions) by inserting in the correct alphabetical location the following definition:
"Radial Lot. A lot which fronts on an interior arch of a curve which results in the lot having only three (3) sides and which does not have a clearly identifiable rear lot line. The minimum rear yard setback area shall be defined by the arch of a circle whose radius is equal to the minimum required rear yard setback and which is measured from the point at which the two (2) side lot lines intersect and which is further illustrated as follows:
Amend Article 12 (Definitions) by inserting in the correct alphabetical location the following definition:
"Flood Hazard Area. Land areas delineated on the Federal Emergency Management Agency's (FEMA) Community Flood Insurance Rate Map as being within the limits of the 100 Year Flood Plain, and any lands subsequently identified by FEMA as being within the limits of the 100 Year Flood Plain as a result of any revision to the Community Flood Insurance Rate Map approved by FEMA, or by issuance of a Conditional Letter of Map Revision issued by the FEMA."
Amend Article 5, Section 1.8 by adding to the end of Section 1.8, the following sentence:
“ ... When it can be demonstrated to the satisfaction of the Planning Commission through the Plan Review Process that, due to specific constraints related to existing lot size, lot configuration or the orientation of existing buildings on adjoining properties, that compliance with this section would severely limit the development potential of the property or would cause the property to be out of character with the surrounding built environment, the Planning Commission may approve a lesser amount of buffering, provided that the basic objective of establishing landscaped green space along arterial roadways is achieved."
Amend Article 5. Section 7.3 by adding to the end of Section 7.3 the following sentence:
“... When it can be demonstrated to the satisfaction of the Planning Commission through the Plan Review Process that, due to specific constraints related to existing lot size, lot configuration or the orientation of existing buildings on adjoining properties, that compliance with this section would severely limit the development potential of the property or would cause the property to be out of character with the sur rounding built environment, the Planning Commission may approve a lesser amount of buffering, provided that the basic objective of establishing landscaped green space along arterial roadways is achieved."
Amend Article 6 by deleting Section 5.5 in its entirety.
Amend Article 3. Section 9 RG-0 (General Residence & Office) by adding a new section 9.4 to read as follows:
9.4 OFF-STREET PARKING. No parking lot shall be located within the minimum required front yard nor between the street line and the principal building on the lot. Off-street parking shall be provided in accordance with the provisions of Article 4 and Article 6 of this Ordinance."
Amend Article 3, Section 10 I-0 (Institutional & Office) Zoning District by adding a new section 10.31 to read as follows:
"10.31 OFF-STREET PARKING. No parking lot shall be located within the minimum required front yard nor between the street line and the principal building on the front side of the lot, except that parking lots shall be permitted between the street line and the principle building when all such parking lots are setback at least 100 feet from the street line. For properties which involve more than one street frontage, only that frontage which correlates to the property street address shall be considered the front side for purposes of this sub-section. Off-street parking shall be provided in accordance with the provisions of Article 4 and Article 6 of this Ordinance."
Amend Article 4, Section 4.14 by deleting the Minimum Required Lot Depth (ft.) in the C-2 (Central Commercial) Zoning District of "100" and inserting in lieu thereof a Minimum Required Lot Depth (ft.) in the C-2 (Central Commercial) Zoning District of "70".
Amend Article 3, Section 13 by deleting Section 13.19 in its entirety and inserting in lieu thereof a new Section 13.19 as follows:
"13.19 The following sign types are permitted:
a) Wall-mounted signs with a distance from the face of building of 12 inches or less, limited to a sign area of 16 square feet per establishment.
b) One (1) projecting sign shall be permitted per establishment provided that;
I) Such sign shall be limited to 9 square feet.
ii) The maximum projection from the wall shall not exceed 3 feet and the sign panel shall be limited to 4 inches in thickness.
iii) Minimum clear height from grade to the bottom of the sign shall be no less than 7.5 feet.
iv) Such sign shall be perpendicular to the face of the building.
v) Such sign shall be externally illuminated with incandescent lighting. Internally illuminated projecting sign panels shall be prohibited.
c) One (1) portable easel sign may be permitted per establishment. Such sign shall be situated in front of the business and shall be limited to a maximum size of 2 feet by 3 feet for a total area of 6 square feet and further provided that such sign shall be located on private property, and not within the public right-of-way and shall be situated in a manner which does not impede the flow of pedestrian traffic nor interfere with the reasonable ingress and egress to the building. Such signs shall be removed by the business operator during non-business hours.
d) In addition, the provisions of Article 5, Section 4 (Supplementary Sign Regulations) shall be applicable to all properties within this District.
Amend Article 12 by deleting the definition of 'Shopping Center' in its entirety and insert in lieu thereof, the following definition:
"Shopping Center. A retail commercial complex of three (3) or more separate business establishments which is designed, developed, operated and controlled by a single-ownership, with accessory off-street parking located on site to serve jointly all establishments in the complex."
Amend Article 3, Section 17.2 (a) by deleting the phrase a continuous area of at least five (5) acres for neighborhood shopping center (SCI) and insert in lieu thereof, the phrase " . . - a contiguous area of at least one (1) acre for neighborhood shopping center (SC1):
Amend Article 3, Section 17.31 by revising Item 2 to read as follows:
"2. Business. professional and governmental offices, public libraries, banks and restaurants."
Amend Article 3, Section 17.5 by deleting it in its entirety and inserting in lieu thereof the following:
"17.5 Parking Spaces. All shopping centers shall have no less than one (1) parking space for every 300 square feet of gross leasable area.
Amend Article 3, Section 17.9 by revising Item 1 to read as follows:
“1. Substantiation of the need for the shopping center based on the developer's market analysis and expression of tenant interest for all SC-2 and SC-3 zoning proposals;"
Amend Dover Code Appendix A (Land Subdivision Regulations) , Article III (Definitions) by inserting the following in the correct alphabetical location:
"K. Minor Lot Line Adjustment: A relocation or shifting of an existing property boundary which does not result in the creation of any lots
Amend Dover Code Appendix A (Land Subdivision Regulations), Article IV, Section A by deleting Item I in its entirety and inserting in lieu thereof, the following Item:
1. Prior to filing an application for conditional subdivision approval, the subdivider shall meet in person with the City Planner, or his/her designee, to discuss the proposed subdivision and the required steps associated with the review process and to determine whether or not the plan is a major subdivision, minor subdivision or whether the plan merely represents a minor lot line adjustment. Plans limited to minor lot line adjustments may be approved for recordation by the City Planner, or his/her designee, after review and determination of compliance with all applicable zoning and subdivision regulations."
Amend Article 5 Supplementary Regulations, Section 8, Performance Standards. by deleting sub-sections 8.1 through 8.3 in their entirety and reDlacing them with the following.
8.1 No land or building in any zone shall be used or occupied in any manner so as to cause any one or more of the following conditions to exist and to be dangerous, injurious, noxious or offensive beyond the boundaries of such premises in such a manner or in such amount as to adversely affect the reasonable use of the surrounding area or adjoining premises: Fire, explosive or other hazard; noise, or vibration: Smoke, dust, odor or other form of air pollution: Heat, cold, dampness or electromagnetic disturbance: Glare, liquid or solid refuse or waste: Traffic Congestion causing roadways or intersections in the surrounding highway network to fall below acceptable levels of comfort and convenience: Or other substance, conditions or element (referred to hereinafter as "dangerous or objectionable elements"): Provided that any use permitted or not expressly prohibited by this ordinance may be undertaken and maintained if it conforms to the regulations of this section limiting dangerous and objectionable elements at the point of the determination of their existence.
8.2 Uses Requiring Performance Standards Review Procedure. Those uses in the C-3, IPM and M Zones and uses accessory thereto, which are specified as being subject to performance standards procedure, are subject to the procedure specified in Article 5. Section 8.6 in obtaining a site plan approval. The Building Inspector may require other uses, whether existing or proposed and regardless of the particular zoning district. to submit to the performance standards review procedure when there exists reasonable grounds to believe that a proposed use is in violation, or is likely to violate, the performance standards, in which event the property owner shall comply with performance standards review procedure.
8.3 Enforcement Provisions Applicable to Other Uses. Even though compliance with the performance standards procedure in obtaining a site plan, approval is not required for some proposed uses, initial and continuing compliance with the performance standards themselves is required of every use, and provisions for enforcement to ensure continued compliance with the performance standards shall be invoked by the Building Inspector against the property owner, tenant, or other responsible party if there are reasonable grounds to believe that performance standards are being violated by a particular activity or use.
Amend Article 5 Supplementary Regulations, Section 8, Performance Standards. Subsection 8.5, Performance Standard Regulations, by adding a new subsection 8.60 as followings:
8.60 Traffic Congestion: when in the surrounding highway network, operating conditions are at or near the design capacity level beyond which would result in functional failure of the surrounding highway network. All speeds are reduced to a low, but relatively uniform value. Freedom to maneuver within the traffic stream is extremely difficult, and it is generally accomplished by forcing a vehicle or pedestrian to "give way" to accommodate such maneuvers. Comfort and convenience levels are extremely poor. and driver or pedestrian frustration is generally high. Operations at this level are usually unstable, because small increases in flow or minor perturbations within the traffic stream will cause functional failures beyond acceptable levels. (The conditions described in this Section are also used to describe 'Level of Service E' as defined by the Highway Capacity Manual developed by the Transportation Research Board, dated 1985.)
Amend Article 5 Supplementary Regulations, Section 8, Performance Standards. Subsection 8.6 Performance Standard Procedure by deleting sub-sections 8.61 in its entirety and replacing them with the following.
8.61 Application. An application for a site plan approval shall be accompanied with a performance standard review application when a use or occupancy is required, and shall be referred by the Building Inspector to the Planning Commission. The applicant shall also submit, in an amount equal to the required number of site plan submissions, a plan of the proposed construction or development, including a description of the proposed machinery, operations, and products, and specifications for the mechanisms and techniques to be used in restricting the emission of dangerous and objectional elements referred to in Article 5, Section 8.1 in accordance with rules prescribed by the Planning Commission specifying the type of information required in such plans and specifications, and an affidavit by the applicant acknowledging his understanding of the applicable performance standards and agreement to conform with same at all times.
No applicant will be required to reveal any secret processes. and any information submitted will be treated as confidential if requested. The fee for such application shall include the cost of the special reports required to process it, described below.
Amend Article 5 Supplementary Regulations, Section 8, Performance Standards, Subsection 8.6, Performance Standard Procedure, Subsections 8.62 and 8.63 by deleting the term "Board of Adjustment" wherever it is found in these sections and inserting in lieu thereof the term "Planning Commission".
Amend Article 6, Section 3.3 by deleting the last paragraph of this Section.
Amend Article 6, Section 3 by adding a new Section 3.9 to read as follow:
"Section 3.9 Adjustments to Parking Requirements.
The Planning Commission may reduce, in an amount not to exceed 50%, the number of parking spaces required when in the Of the Commission it has been demonstrated that the use is adequately served by transportation and parking alternatives, including but not limited to:
a) Site Plan proposals within the Downtown Redevelopment Target Area, as described in Appendix C of the Dover Code of Ordinances, may be granted a 20% reduction in the amount of off-street parking normally required due to the availability of mass transit, municipal parking and existing pedestrian amenities.
b) Designated off-street parking reserved for car pools, van pools, and bicycle parking facilities in accordance with the following schedule:
1) Each car pool space shall be equivalent to 3 standard parking spaces.
2) Each van pool space shall be equivalent to 5 standard parking spaces.
3) Every group of 5 bicycle parking spaces shall be equivalent to 1 standard parking space.
c) Employer participation in a Traffic Mitigation Plan approved by the Delaware Department of Transportation.
d) Cash-in-lieu of parking contributions toward the capital construction or improvement of municipal parking facilities that are proposed. The cash-in-lieu of parking contribution shall be in a monetary amount equivalent to the estimated cost of construction for the number of standard surface parking spaces for which the reduction is sought. To take advantage of this option, the developer shall submit to the City Engineer a cost estimate for the parking requested to be waived. The City Engineer shall examine the estimate for accuracy in current prevailing costs of construction at the time of proposal and shall report to the Planning Commission his/her findings.
e) Proposals involving superior urban design which contribute to an enhanced pedestrian environment and which include such features as pedestrian plazas and pocket-parks, pedestrian-way connections with existing sidewalk systems and community facilities, park benches and other street furniture, mass transit connections and shelters, and landscaping and shade tree plantings.
In all areas except the Downtown Redevelopment Target Area, the development plans shall have an area of open space designated where parking could be constructed equal to the number being reduced and the Plan shall bare a note which explains that the petitioner, in accepting a parking reduction, agrees to construct such additional parking as is otherwise required under the provisions of the Zoning Ordinance, if the Planning Commission. after a hearing, determines that the reasons for granting said reduction no longer exist. In all such instances where the Planning Commission determines that the reasons for granting a reduction no longer exist. the owner of record for the subject property for which a reduction was previously granted must construct the parking required to meet the regulations of the city during the next construction season.
Amend Dover Code Appendix A (Land Subdivision Regulations), Article III (Definition) by deleting Item D (Plat) and inserting in lieu thereof a new Item D to read as follows:
"D. Plat. Final subdivision layout drawing which is submitted to the City Planner for final review and approval and which is forwarded to the County Recorder of Deeds Office for recordation. The Plat shall conform in design and layout to the apt)roved Preliminary Subdivision Plan for the proposed subdivision.
Amend Dover Code Appendix A (Land Subdivision Regulations), Article IV (Subdivision Procedure), Section B (Preliminary Layout), Item 6 by deleting the phrase "...the commission..." wherever it appears and inserting in lieu thereof the phrase "...the City Planner...".
Amend Dover Code Appendix A (Land Subdivision Regulations), Article IV (Subdivision Procedure), Section C (Plat) by deleting Items 2, 3, 4. 6, 7 and 10 and inserting in lieu thereof the following revised Items as follows:
“2. The plat and other documents as specified in Article V shall be prepared by the subdivider in accordance with the general requirements and design standards specified in Article VI, and shall be submitted to the City Planner within six (6) months after approval of the preliminary layout; otherwise said approval shall become null and void unless an extension of time on the preliminary layout approval is applied for, and granted by the commission within the said six-months' period.
3. APPLICATION for approval of the plat shall be submitted in writing by the subdivider to the City Planner together with three (3) prints of the plat and the plat review fee of one hundred ($100.00), plus fifty dollars ($50.00) per acre for the first 10 acres, thirty dollars ($30.00) per acre for the next 10 acres and twenty dollars ($20.00) per acre for each acre thereafter.
4. Within forty-five (45) days from the date of submission of the plat, the City Planner shall approve or disapprove said plat, and shall notify the subdivider in writing of the decision and state the conditions of approval if any, the recruited modifications if any, or the reasons for disapproval. Approval of the plat shall not become final until the provisions of paragraphs 5 and 6 below have been complied with.
6. The approved plat shall be filed and recorded in the county recorder of deeds office within ninety (90) days from the date of final approval by the City Planner; otherwise said approval shall become null and void, unless an extension of time is applied for, and granted by the City Planner within the said ninety (90) day period.
7. After filing the plat with the County Recorder of Deeds Office, the subdivider shall enter the county file number and date of filing on one (1) reproducible transparency on stable base material and three (3) black or blue line prints on white Daper, and shall deliver them to the City Planner together with one print of the plat reduced to a scale of four hundred (400) feet to the inch and one to a minimum scale of fifty (50) feet to the inch, if requested by the commission. The City Planner shall deliver the reproducible transparency and one (1) print to the city engineer and one (1) print to the city assessor's office.
10. If construction of improvements has not commenced within twelve (12) months from the date of final plat approval by the City Planner, then said plat approval shall become null and void, unless an extension of time is applied for by the developer and granted by the planning commission. APPLICATION for extension of final plat approval shall be made to the planning commission no later than thirty (30) days prior to the final plat approval expiration date."
Amend Article 5, Section 1.3 (Corner Lots) by deleting the existing language in its entirety and inserting in lieu thereof the following:
"1.31 Corner Lots. In all zones within the City, no structure. fence, wall, landscaping, earthen berm, sign or any other form of obstruction to visibility, in excess of 3 Feet in height above the adjacent street grade, shall be erected, placed or maintained on any corner lot within the triangular area formed by intersecting right of way lines. Two (2) sides of the triangular area shall be 20 Feet in length and measured from the point of intersection of the right of way lines as further illustrated in Figure 5-1.
ADOPTED: April 12, 1994
ELECTION RESULTS - 1994 MUNICIPAL ELECTION
The City Clerk reported that the Annual Municipal Election was held on April 19, 1994 with 12,363 citizens registered to vote. A record turnout of 3,709 voters was achieved, with the following results:
Mayor
James L. Hutchison - 2,996
Aaron O. Knopf - 685
At-Large Councilman - (one year term)
Philip R. Fenimore - 1,224
Richard D. Senato - 356
Charles A. Weller - 689