REGULAR MEETING
July 12, 1982
The Regular Meeting of Council was held on July 12, 1982 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Tudor, Boaman, Hardcastle, Carey, Witt, Bonar and Shevock.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Boaman requested that an executive session be held immediately following the Regular Meeting to discuss personnel matters.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 28, 1982
The Minutes of the Regular Council Meeting of June 28, 1982 were unanimously approved by motion of Mr. Witt, seconded by Mr. Carey and bore the written approval of Mayor McDonough.
RESOLUTION - DR. JAMES A. HILL
By motion of Mr. Witt, seconded by Mr. Bonar, Council unanimously adopted the following resolution:
WHEREAS, Dr. James A. Hill has served as a member of the Dover Library Commission from 1972 to the present time; and
WHEREAS, during his tenure of service Dr. Hill aided in the transition from an independent Commission to a Council advisory status and since that point he has worked to ensure that the Library remain a viable and growing center for Dover’s citizens; and
WHEREAS, Dr. Hill has served several terms as Vice President of the Library Commission, has contributed hundreds of hours of personal time to the betterment of the City and has conducted several tax-payer assistance programs in the Library for Dover residents.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their extreme appreciation to Dr. James A. Hill for devoting his attention and rendering his guidance and leadership on behalf of the Dover Library Commission.
2. The Mayor and Council with Dr. Hill success in future endeavors and express their gratitude in the knowledge that he will remain an active member of the Friends of the Library.
3. The Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in expression of their appreciation to Dr. James A. Hill.
ADOPTED: JULY 12, 1982
APPOINTMENT TO LIBRARY COMMISSION - DR. GARY FRANK PETTY
Mayor Carroll submitted the name of Dr. Gary Frank Petty to fill the seat on the Library Commission which is being vacated by Dr. James A. Hill. The term of office will expire on June 1987.
Mr. Boaman moved for approval of the appointment, seconded by Mr. Hardcastle. The motion was approved by a unanimous roll call vote.
ORDINANCE AMENDMENT - PARKING VIOLATIONS, FINES, ETC.
Captain Hutchison presented a proposed amendment to the parking ordinance which was adopted by Council during their Regular Meeting of June 14, 1982. The previously adopted ordinance allows for a minimum fine of $10 for any non-moving offense, except for the violation of any two hour marked parking zone of which it provides for a $5 fine if paid within 72 hours from the date of the offense. The new proposed amendment is identical to the present ordinance with the exception of a more explicit definition to include metered parking.
Councilman Boaman read into the record a letter from Robert M. Berglund, President of the Central Dover Business Association, opposing an increase in fines for parking violations. It was his feeling that the current enforcement program has adequately deterred abuse of overtime parking without prejudicing good customer relations.
Also read into the record by Councilman Boaman was a letter from Mr. Ken Watkins of Kennett Shoes, Ltd. opposing an increase in fines for parking violation in the downtown area.
Mayor Carroll reiterated that the increased fine is already in affect and that the proposed amendment is only a more detailed version of the same ordinance.
By motion of Mr. Richter, seconded by Mr. Bonar, the following ordinance was adopted by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Municipal code is hereby amended by striking in its entirety Section 13-15 and by inserting in its place a new Section 13-15 to read as follows:
SEC. 13-15. Violations.
Except as otherwise provided, any person who violates any provisions of this Chapter which is a moving offense shall be fined a minimum of Five Dollars ($5.00), and any person who violates a provision of this Chapter which is a non-moving offense shall be fined a minimum of Ten Dollars ($10.00) except that violation of any two-hour marked parking zones and parking meter violations shall carry a fine of Ten Dollars ($10.00) for each offense but if the fine is paid within seventy-two (72) hours from the date the offense is recorded in time, the fine shall be Five Dollars ($5.00).
ADOPTED: JULY 12, 1982
PUBLIC HEARING - AMENDMENT TO ZONING CODE - SECTION 5.12, ARTICLE 10 - FEES
A public hearing was duly advertised for this time and place to consider amendments to the Zoning Code, Section 5.12 - Article 10, establishing fees for Rezonings, Conditional Use Permits, Site Approvals, Architectural Reviews and Certificates of Occupancy. Mayor Carroll declared the hearing open.
There was no one present to speak for or against the proposed ordinance and no correspondence.
Mayor Carroll declared the hearing closed.
By motion of Mr. Witt, seconded by Mr. Richter, the following ordinance was adopted by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Zoning Ordinance of the City of Dover shall be amended in the following respects:
(1) Section 5.12 of Article 10 is deleted in its entirety, and a new Section 5.12 is added to read as follows:
5.12 Each petition for a rezoning amendment shall be accompanied by a fee payable to the City of Dover computed as follows: The sum of $5.00 per acre with a minimum fee of $50 for residential and single family development (R-7, R-8, R-10, R-15, and R-20); the sum of $15 per acre with a minimum fee of $50 for multi-family and institutional development (RG-0, RG-1, RG-2, RG-3, RG-4, RG-5, RM-1, RM-2, Cluster, I0 and MHP); the sum of $20 per acre with a minimum fee of $50 for all commercial development (C-1, C-1A, C-2, C-2A, C-3, and C-4); the sum of $30 per acre with a minimum fee of $50 for shopping center development (SC-1, SC-2, and SC-3 and RC); the sum of $30 per acre with a minimum fee of $50 for manufacturing and industrial development (M and IPM). All applications for amendment to the Zoning Ordinance shall be accompanied by a fee in the amount of $50. All property owners within a distance of 150 feet shall be notified by regular mail of the applications for rezoning. No fee shall be required for petitions filed in favor of, or against a pending application.
(2) Section 1.52 of Article 10 is deleted in its entirety, and a new Section 1.52 is added to read as follows:
1.52 Each application for a Conditional Use permit shall be accompanied by a fee of $25 plus $5 per acre of the area or multiple thereof involved in the application in addition to the cost of the newspaper advertisement announcing the public hearing payable to the City of Dover upon the filing thereof.
(3) Section 2.45 of Article 10 is amended by striking the last sentence thereof and by adding a new sentence to read as follows:
The application for Site Development Plan Approval shall be accompanied by a fee of $25.
(4) Section 3.5 of Article 9 of the Zoning Ordinance is amended by striking the fee of $15 as specified therein and by inserting in place, thereof, a fee in the amount of $50 plus costs of advertising.
(5) Section 3.32 of Article 10 is hereby amended by striking the fee stated therein in the amount of $10 and by inserting, in place of said fee, the sum of $50.
(6) Section 2.4 of Article 8 is hereby amended by striking and selecting said section and by inserting a new Section 2.4 to read as follows:
2.4 Every application for a certificate of occupancy or a temporary certificate of occupancy shall be accompanied by a fee payable to the City of Dover computed as follows: For all properties zoned, single family residential, the fee shall be $20; for all other property in other zoning classifications other than single family residential, the fee shall be $20 for the first 20,000 square feet of building area plus the sum of $5 for each additional 10,000 square feet of building area in excess of the first 20,000 square feet or multiple thereof.
ADOPTED: JULY 12, 1982
CORRESPONDENCE
Petition - Property Owners Expressing Concern of Problems in Area of Patchwork Playhouse
The Assistant City Clerk read into the record a petition, containing 26 names, from area property owners expressing concern of problems linked with the Patchwork Playhouse, located at 134 Roosevelt Avenue. The petition cited problems with loud noises, horn blowing, parking, etc. The petition also questioned the reasoning behind the Patchwork Playhouse being permitted to sell alcoholic beverages in a residential area.
In response to the complaints stated in the petition, Captain Hutchison stated that the Police Department has received no complaints concerning the alleged violations. The Detective Division of the Police Department to make a formal complaint if they should encounter any future problems of this nature. Captain Hutchison assured Council that the Police Department will continue to observe the area for any possible violations of the law.
In response to the question of the Patchwork Playhouse being licensed to sell alcoholic beverages, Captain Hutchison reported that these licenses are controlled by the Liquor Commission. Since the Patchwork Playhouse is a non-profitable organization, it is eligible for a liquor license even though it is in a residential area.
Mr. Witt moved to acknowledge receipt of the petition, seconded by Mr. Carey and unanimously carried.
Meeting adjourned into executive session at 7:50 P.M.
                                                                        WILLIAM H. WILLIS
                                                                        CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of July 12, 1982, are hereby approved.
CRAWFORD J. CARROLL
                                                                        MAYOR
July 19, 1982
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