REGULAR MEETING
March 26, 1979
The Regular Meeting of Council was held on March 26, 1979 at 7:00 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt, Carson and Bewick.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
MINUTES
The Minutes of the Regular Meeting of March 12, 1979 were unanimously approved by motion of Mr. Muir, seconded by Mr. Witt and bore the written approval of Mayor Legates.
AGENDA DELETION
Mayor Legates deleted item #3, Planning Commission Appoint for a Three Year Term.
MONTHLY REPORTS
Chief of Police Report for the Month of February
Questioned by Mr. Witt, Chief Klenoski stated that he is preparing a report for submission to City Manager Mogan related to the use of police vehicles by administrative staff who are not engaged in police work.
The Chief of Police Report for the Month of February was unanimously approved by motion of Mr. Muir, seconded by Mr. Witt.
Building Inspector & Fire Marshal Report for the Month of February
Mr. Weyandt questioned the absence of a fire damage figure for the East Wind facility, stating that the omission distorts the yearly fire damage figure.
Mr. Roe stated that the figure is now available and will be incorporated in a future report.
The Building Inspector and Fire Marshal Report for the Month of February was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Witt.
City Alderman Report for the Month of February
Fines were remitted for the month of February in the amount of $1,014. The City Alderman Report for the Month of February was unanimously approved by motion of Mr. Muir, seconded by Mr. Carey.
General Fund, Cash Receipts Report for the Month of February
The General Fund, Cash Receipts Report for the Month of February was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
General Fund, Budget Report for the Month of January
The General Fund, Budget Report for the Month of January was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Electric Revenue Fund, Cash Receipts Report for the Month of February
The Electric Revenue Fund, Cash Receipts Report for the Month of February was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Electric Revenue Fund, Budget Report for the Month of January
The Electric Revenue Fund, Budget Report for the Month of January was unanimously approved by motion of Mr. Witt, seconded by Mr. Bewick.
Electric Improvement & Extension Fund, Cash Receipts & Disbursements Report - February
The Electric Improvement and Extension Fund, Cash Receipts and Disbursements Report for the Month of February was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Library Fund, Cash Receipts & Disbursements - February
The Library Fund, Cash Receipts & Disbursements Report for the Month of February was unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Witt.
City Manager’s Report for the Month of February
Mr. Witt reported calls complaining of a hydrogen sulfide smell being emitted from drinking water in north and northwest Dover.
Mr. Mogan stated that he had received no complaints to date, but would have City personnel check the area mentioned.
Mr. Muir moved for approval of the report as submitted, seconded by Mr. Carey.
Referring to the City Manager’s Report related to the senior surrey operating only twelve working days during the months of February, Mr. Weyandt questioned the activities of the personnel during this period.
Mr. Hodge stated that permanent personnel in the Senior Surrey department were utilized in other departments of the City.
Mr. Weyandt noted that contracts were awarded for sanitary sewer extensions to Kenbrit Corporation and Wendy’s North and a water main extension to the Horsepond Road (Dover Brook Gardens) area.
He asked if the property owners that would be effected by this installation were notified of an approximate cost that would be assessed.
Mr. Hodge reported that those that have called have been given all requested information but to his knowledge no public notice has been issued.
Mr. Bewick stated that the Utility Committee will consider the question of procedures on levying assessments at their next regular meeting.
By a unanimous voice call vote, the City Manager’s Report for the month of February was approved as submitted.
DOWNTOWN REVITALIZATION UPDATE
Mr. Witt asked if he was correct in assuming that Council will not approve future engineering or inspection fee payments until such time as work is completed on the downtown project. Mr. Mogan replied that this was an understanding that he had received from a prior Legislative and Finance Committee meeting, although he requested future discussions on inspection fees.
Mr. McDonough questioned the right of a committee to mandate anything to the office of the City Manager.
Mr. Witt referred to a letter from the engineering firm stating that they could not complete the job within the confines of the original estimate of cost. He added that the committee merely suggested that no additional cost would be paid over and above the original quoted engineering fee.
J.P. COURT #7 REPORT FOR THE MONTH OF FEBRUARY
A check was received from J.P. Court #7 for the month of February in the amount of $5,072.35. It was noted by Councilmen Witt and Weyandt that fines received seem to be decreasing over the past few months; adversely, deferred payments are increasing.
Mr. Muir moved for approval of the J.P. Court #7 Report for the month of February as submitted, seconded by Mr. Hardcastle and unanimously carried.
SET PUBLIC HEARING - REINSTATEMENT OF RG-3 ZONING
A request was received from the Planning Commission to set a public hearing for the purpose of amending the zoning ordinance to permit the opening of the RG-3 zoning.
Mr. Roe explained that the RG-3 zone was closed in 1975 and provisions were placed in the zoning code to allow townhouses in RM-1 and RM-2 zones. Experience with townhouses in an RG-3 zone, at the time, were not completely acceptable.
The Planning Commission was approached by the developer of River’s Edge Apartments to construct single owner townhouses, allowable in the RG-3 zone. This would reduce the density of the planned construction by 60% compared to apartments. It was the commission’s feeling that a lesser density would be more acceptable to the area and contribute less traffic for the intersection of Roosevelt Avenue and Route #13 which is presently over-burdened.
Questioned by Mr. Weyandt, Mr. Roe stated that he did not recommend opening the RG-3 zone for this one particular developer and if Council approves same, the zone would be open for other requests. However, it would be Council’s prerogative to disapprove any future requests that were not acceptable.
Mr. Muir moved that a public hearing be held on April 23, 1979 at 7:30 p.m. to consider an amendment to the zoning ordinance that would open an RG-3 zone. The motion was seconded by Mr. Bewick and unanimously carried.
PUBLIC HEARING - REZONING - MABEL S. GRIFFITH & EUGENE AND MARLENE AUEN-SOUTH OF SPENCE’S BAZAAR
A public hearing was duly advertised for this time and place to consider the rezoning of property located on the south side of and adjacent to Spence’s Bazaar, owned by Mabel S. Griffith and Eugene & Marlene Auen, for the purpose of an automotive parts and supply facility. The equitable owner is Manlove Automotive Services, Inc. Mayor Legates declared the hearing open.
Mr. Eugene Auen, of 507 Woodsedge Road, was present to introduce Mr. Carleton Walls, a representative of Manlove Automotive Services, Inc. Mr. Walls stated that the proposed structure would be 40' by 100' with paving for parking and delivery facilities. He added that there would be no outside storage and that the business would consist of the sale of wholesale automotive parts comparable with other similar businesses in the area.
Noting that the remaining portion of land owned by Mr. Auen, between New Street and Queen Street, would be conducive to development of similar businesses, Mr. Weyandt wondered if it would not be practical to request zoning for the entire block of land remaining.
Mr. Auen replied that he was not satisfied that the remaining portion of land would be used in a single zoning category. He reported conversations with Mr. Roe along these lines and asked for his comments on the matter.
Mr. Roe stated that the Land Use Map designates Mr. Auen’s complete holdings as general business, however, he did not recommend C-3 zoning for the entire parcel since a portion of the land is in close proximity to professional facilities and eventually R-8 zoning of Sherwood. He recommended that future zonings be modified gradually as the land approaches Sherwood development to act as a buffer between residential and service commercial.
Mayor Legates declared the hearing closed.
By motion of Mr. Muir, seconded by Mr. Bewick, Council by a roll call vote of seven (7) yes, one (1) not voting (Mr. Witt) adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED SOUTH OF AND ADJACENT TO SPENCE’S BAZAAR.
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 RG-1 to C-3.
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 on property located south of and adjacent to Spence’s Bazaar, owned by Mabel S. Griffith and Eugene and Marlene Auen, from RG-1 to C-3.
ADOPTED MARCH 26, 1979
DESCRIPTION OF FARMLAND ORDINANCE - PUBLIC HEARING
A public hearing was duly advertised for this time and place to consider the adoption of an ordinance amending Section 1 of the Charter of the City of Dover by placing a period after the word “beginning” at the end of the third paragraph and by deleting all words following thereafter. Section 47 would be amended by striking out the words in parenthesis, said deletion reading as follows:
“(Excepting farmlands to the extent that they are exempted by the provision of Section One of this Charter, and excepting also personal property for any farmlands actually used for or in connection with farming.)”
The Dover Municipal Code would be amended by adding a new section to be known as Section 34.
Mayor Legates declared the hearing open.
Mr. Robert Tudor of 706 E. Division Street was present and referred to land on South Little Creek Road of which he is part owner. He was concerned that the City had adopted the Air Installation Compatible Use Zone Plan that restricts residential development on the south side of the road, leaving only agricultural or commercial development. He added that he small acreage of the land in question restricts its rental to farmers for agricultural use. It is therefore necessary to allow neighboring farmers to till the land at no cost as a method of controlling weeds. The Delaware Code 9 provides that land used for agricultural purposes must produce an income of at least $500 to qualify for agricultural exemption of taxes. It was his opinion that the City has already hobbled owners of small parcels of land in adopting the AICUZ Plan, restricting residential development. Adopting Delaware Code 9 would further penalize him through taxation due to the small acreage and inability to earn at least $500 per year.
Mr. Henry Carey was present, representing Mr. Roland Garrison who owns a large farm within the City limits. Mr. Carey wanted to be assured that by adopting the Delaware Code, farmland within the City would not be taxed.
Mr. Hayes assured Mr. Carey that as long as the acreage was utilized for agricultural purposes, the land would not be taxed. Taxation would only apply in case of subdivision for development projects.
Mr. Leland Berry was present stating that he is an ownership partner in a tract of land on Route #13 which has been rented on a share basis and also cost per acre. He disapproved of the roll-back feature of sections 8330 to 8336 in Title 9 of the Delaware Code which allows taxation two years prior to the date of same when subdivided.
Mr. Jerry Hoffman addressed Council, representing the August Schutte Estate, asking for an interpretation of the two year roll-back clause.
Mr. Hayes explained that the land would not be taxes while being utilized for agriculture but would be taxes when subdivided, based on the present assessment of the land recorded in his office.
Mr. Weyandt was concerned by the adoption of the State Code, if it would penalize owners of small parcels of land such as Mr. Tudor, noting the federal restrictions already imposed on the category of development and the fact that no appreciable income was derived from rental of the land.
Mr. Witt’s interpretation of the law negated any land rental income. It was his opinion that the law specifically relates to income of crops which would exceed the minimum of $500 to qualify for tax exempt farmland.
Mr. Hayes stated that his concern did not embrace any dollar value of income since his office does not have the capabilities of determining this factor. His main concern was adoption of guidelines for his department to place farmland in a specific category.
Questioned by Mr. Bewick and Mr. McDonough, Mr. Roe explained that federal restrictions on residential developments in the area of Mr. Tudor’s land was due to noise levels along the flight paths of incoming or departing aircraft. He reminded Council that Dover Air Force Base is one of Dover’s largest industries. Public harassment of officials in many parts of the country in all levels of government have resulted in the closing of aircraft base facilities in many parts of the country. The restrictions prevent this occurrence in the City of Dover.
However, AICUZ restrictions do not prevent service commercial development that will enhance land values. He noted that Mr. Tudor’s business in this area fits a service commercial zoning.
Mayor Legates declared the hearing closed.
Mr. Bewick moved that the ordinance be adopted, seconded by Mr. Muir.
Mr. Weyandt moved to amend the motion to eliminate the dollar value in section 8333, under “Criteria for Land Use”. The motion was seconded by Mr. Carey.
Mr. Bewick stated that the amendment would ruin the intent of the provisions in Delaware Code describing farmland.
By request of Mr. Witt, Deputy Solicitor Fletcher stated that if the dollar was removed from section 8333 it would destroy the intent of the section in describing farmland. As an example, then the determination would be whether the land was being utilized for agricultural crops or growing grass or weeds.
Mr. Weyandt’s amendment failed by a roll call vote of six (6) no and two (2) yes (Mr. Weyandt and Mr. Carey).
By a unanimous roll call vote, Council adopted the following Charter amendments and a new section of the Municipal Code more specifically described as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Charter of the City of Dover shall be amended in the following respects:
1. Section One shall be amended by placing a period after the word “beginning” at the end of the third paragraph of said Section and by deleting all words following thereafter said deletion being as follows:
“provided, however, that no farmlands hereby included within these limits shall be subject to any City tax, unless the same shall be subject to any City and unless the same shall front upon some public street of The City; and all farmlands within the aforesaid limits which shall be laid out as building lots and which shall front upon some public street of The City shall be subject to be taxes to the depth of one hundred fifty feet from said street line for City purposes.”
2. Section Forty Seven shall be amended by striking out the words in parenthesis, said deletion reading as follows:
“(Excepting farmlands to the extent that they are exempted by the provision of Section One of this Charter, and excepting also personal property for any farmlands actually used for or in connection with farming.)”
3. The Dover Municipal Code shall be amended by adding a new section to be known as Section 34 which shall read as follows:
Section 34-1. Valuation of agricultural, horticultural and forest land use.
For general property tax purposes, the value of land, not less than 5 acres in area, which is actively devoted to agricultural, horticultural or forest use and which has been so devoted for at least the successive years immediately preceding the tax year in issue, shall, on application of the owner, and approval thereof as provided in this section, be that value which such lands have for agricultural, horticultural of forest use.
Section 34-2. Agricultural use land.
Land shall be deemed to be in agricultural use when devoted to the production for sale of plants and animals useful to man, including but not limited to: Forages and sod crops; grains and feed crops; dairy animals and dairy products: poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; or when devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government.
Section 34-3. Horticultural use land.
Land shall be deemed to be in horticultural use when devoted to the production for sale of fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or when devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government.
Section 34-4. Forest use land.
Land shall be deemed to be in forest use when devoted to trees growth in such quantity and so spaced and maintained as to constitute a forest area.
Section 34-5. Criteria for land use.
Land shall be deemed to be actively devoted to agricultural or horticultural use when the gross sales of agricultural or horticultural products produced thereon together with any payments received under a soil conservation program have averaged at least $500 per year during the 2 year period immediately preceding the tax year in issue, or there is clear evidence of anticipated yearly gross sales and such payments amounting to at least $500 within a reasonable period of time.
Section 34-6. Eligibility for valuation under Section 34-1 to 34-7.
Land which is actively devoted to agricultural, horticultural or forest use shall be eligible for valuation, assessment and taxation as provided in this section when it meets the following qualifications:
1. It has been so devoted for at least two successive years immediately preceding the tax year for which valuation under this section is requested;
2. The area of such land is not less than five acres; and
3. Application by the owner of such land for valuation under this section is submitted on or before February 1 of the year immediately preceding the tax year to the City Assessor on a form prescribed by the City Assessor.
Section 34-7. Assessment procedures.
(a) The City Assessor in valuing land which qualifies as land actively devoted to agricultural, horticultural or forest use under the tests prescribed by this section, and as to which the owner thereof has made timely application for valuation, assessment and taxation under this section for the year in issue, shall consider only those indicia of value which such land has for agricultural, horticultural or forest use. In addition to use of his personal knowledge, judgment and experience as to the value of land in agricultural, horticultural or forest use, he shall, in arriving at the value of such land, consider available evidence of agricultural, horticultural or forest capability.
(b) In determining the total area of land actively devoted to agricultural, horticultural or forest use there shall be included the area of all land under barns, sheds, silos, cribs, greenhouses and like structures, lakes, dams, ponds, streams, irrigation ditches and like facilities, but land under and such additional land as may be actually used in connection with the farmhouse, shall be excluded in determining such total area.
(c) All structures which are located on land in agricultural, horticultural or forest use and the farmhouse and the land on which the farmhouse is located, together with the additional land used in connection therewith, shall be valued, assessed and taxed by the same standards, methods and procedures as other taxable structures and other land in the taxing district.
(d) When land in agricultural use and being valued, assessed and taxes under the provisions of this chapter, is applied to a use other than agriculture, it shall be subject to additional taxes, hereinafter referred to as roll-back taxes, in an amount equal to the difference, if any, between the taxes paid or payable on the basis of the valuation and the assessment authorized hereunder and the taxes that would have been paid or payable had the land been valued, assessed and taxes as other land in The City, in the current tax year immediately preceding, in which the land was valued, assessed and taxed hereunder.
If in the tax year in which a change in use of land occurs, the land was not valued, assessed and taxed under this chapter, then such land shall be subject to roll-back taxes for such of the two tax years immediately preceding in which the land was valued, assessed and taxed hereunder.
In determining the amounts of the roll-back taxes chargeable on land which has undergone a change in use, the City Assessor shall for each of the roll-back tax years involved, ascertain:
(1) The full and fair value of such land under the valuation standard applicable to other land in the City;
(2) The amount of the additional assessment on the land for the particular tax year by deducting the amount of the actual assessment on the land for that year from the amount of the land assessment determined by the City Assessor; and
(3) The amount of the rollback tax for that year by multiplying the amount of the additional assessment determined under (2) hereof by the general property tax rate of the City applicable for that tax year.
Section 34-8. Annual review.
Eligibility of land for valuation, assessment and taxation under this Chapter shall be determined for each tax year separately. Application shall be submitted by the owner to the City Assessor on or before February 1 of the year immediately preceding the tax year for which such valuation, assessment and taxation are sought; provided however, that unless the land usage changes, those applications which have met the provisions to qualify under this chapter shall be automatically renewed without the owner having the apply annually.
If the land usage changes, the farm owner shall, on or before February 1 of the year in which the land usage changes, notify the City Assessor of the change in land use.
ADOPTED MARCH 26, 1979
PUBLIC HEARING - REZONING - FRED C. JR., CHARLES W. & RALPH LORD - BAY ROAD
A public hearing was duly advertised for this time and place to consider the rezoning of land located on the east side of Bay Road, north of Lafferty Lane, consisting of 1.4348 acres, owned by Fred C. Jr., Charles W. and Ralph M. Lord. Mayor Legates declared the hearing open.
There was no one present to speak for or against the rezoning and no correspondence.
By motion of Mr. Muir, seconded by Mr. Weyandt, Council by a roll call vote of six (6) yes, two (2) absent, (Mr. Hardcastle and Mr. Witt) adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED ON THE EAST SIDE OF BAY ROAD, NORTH OF LAFFERTY LANE, CONSISTING OF 1.4348 ACRES, OWNED BY FRED C. JR., CHARLES W. AND RALPH M. LORD.
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-20 to C-4.
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 designation on property located on the east side of Bay Road, north of Lafferty Lane, consisting of 1.4348 acres, owned by Fred C. Jr., Charles W. and Ralph M. Lord, from R-20 to C-4.
ADOPTED MARCH 26, 1979
PUBLIC HEARING - DANGEROUS BUILDING DEMOLITION - 1143 WALKER ROAD - CALVIN FARLOW
A public hearing was duly advertised for this time and place to consider demolition of 1143 Walker Road owed by Calvin Farlow, as provided by the dangerous building ordinance. Mayor Legates declared the hearing open.
There was no one present to speak for or against the demolition and no correspondence.
Mayor Legates declared the hearing closed.
Mr. McDonough moved for demolition of the structure as provided in the dangerous building ordinance, seconded by Mr. Weyandt and carried by a roll call vote of six (6) yes, two (2) absent (Mr. Muir and Mr. Hardcastle).
PUBLIC HEARING - DANGEROUS BUILDING DEMOLITION - 320 W. DIVISION STREET - REV. MARTHA LAWHORN
A public hearing was duly advertised for this time and place to consider the demolition of a structure located at 320 W. Division Street, owned by Rev. Martha Lawhorn, as provided by the dangerous building ordinance. Mayor Legates declared the hearing open.
Rev. Martha Lawhorn of 70 Manchester Square, addressed Council to request an extension of time to complete renovation of the structure. In her remarks, she described various improvements that have been completed on the building but she has been hampered by unqualified workmen.
She informed Council that her money for renovations has been depleted but the religious organizations that she is affiliated with has offered to take over or purchase the property.
Questioned by Council, it was noted that the building was first damaged by fire in 1975. Progress on renovations of the building has not been satisfactory up to this point in time, resulting in the second appearance before Council by Rev. Lawhorn to defend a demolition order.
Rev. Robert F. Neil, International Secretary to the Christian Community Church, was present and stated that his organization is now in the process of purchasing the property owned by Rev. Lawhorn and requested an extension of time to procure estimates from a contractor to renovate the structure and elevate it to the standards set by the City of Dover ordinances.
Questioned by Mr. McDonough, Rev. Neil stated that the property would be utilized as a church parish after completion of improvements.
Mr. McDonough cited the patience of Council in their leniency towards the property in question and inquired of Rev. Neil as to the assurances that he could extend for necessary renovations that will elevate the structure to the City’s standards.
Rev. Neil stated that the matter would have to be brought before the national board and hopefully by fall the renovations could commerce.
Mr. Weyandt stated that he could not vote favorably for an extension until such time that deadlines and commitments are set for the transfer of the property to the Christian Community Church and completion of renovation.
Mr. Roe presented slide photographs of the structure showing little progress in renovations other than a new roof. His greatest concern was a porch held in place by 4" by 4" props in the front. He stated that very little has been accomplished on the inside of the house which still contains fire odor and charred wood and with the exception of a new roof, only nominal improvements to the exterior. Mr. Roe also reported $206.91 taxes due on the property for 1977/78 and a mortgage held by Peoples Bank of Maryland in the amount of $17,000.
Mayor Legates declared the hearing closed.
Mr. Hardcastle moved that Council approve a six month extension on demolition of the property provided that the Christian Community Church purchase the property, the porch hazard removed immediately (or within one week) and renovations taking place during the extension period. The motion was seconded by Mr. Muir.
Mr. Witt disapproved of the motion, stating that the structure is more than 50% damaged with little progress shown to renovate since the date of the fire.
Mr. Bewick stated his non-support of the motion, objecting to the wording of the motion which gives six months before renovation commences.
Mr. Hardcastle withdrew his motion as did Mr. Muir his second.
Mr. Weyandt moved to table the decision for demolition for thirty (30) days, or until the meeting of April 23, 1979, at which time a report will be submitted to Council on progress made in transferring the property ownership and an indication of concrete preparation for renovation. The motion was seconded by Mr. Carey and carried by a vote of seven (7) yes, one (1) no (Mr. Witt).
PUBLIC HEARING - DANGEROUS BUILDING DEMOLITION - 102 S. KIRKWOOD STREET- GONZALEZ & COLBERT
A public hearing was duly advertised for this time and place to consider demolition of 102 S. Kirkwood Street owned by Esteban Gonzalez, Jr. and Melvin Colbert as provided by the dangerous building ordinance. Mayor Legates declared the hearing open.
Mr. Melvin Colbert, co-owner of 102 S. Kirkwood Street, was present objecting to the necessity of a second public hearing, explaining that since the last demolition notice $3,000 has been expended for electrical wiring, $4,500 has been spent for a new roof and paint, $145 has been spent for insulation and $1,223 has been spent for plumbing, two furnaces and one hot water heater, making a total of $14,654. He disagreed that the building is a dangerous building, noting that during the recent snow storm roofs on newer buildings in the area collapsed with no damage to his property.
As to comment on the status of the structure, Mr. Roe stated that it was true that certain improvements have been made on the building, but other violations of the code and expiration of the building permit mandated a condemnation procedure. He added that condemnation proceedings have been initiated in 1975 and 1977 with this being the third hearing on the structure.
Mayor Legates declared the hearing closed.
Mr. Muir moved for an eight month extension, stipulating that 100% of all renovations by completed at that time and the building acceptable under City standards. He added that this would be the last extension granted. The motion was seconded by Mr. Hardcastle and carried by a vote of six (6) yes, two (2) no (Mr. Witt and Mr. Bewick).
REINSTATEMENT OF 7:30 P.M. COUNCIL MEETINGS
Mr. Witt moved that effective the first meeting in May 1979, and for the next Council year until May 1980, all Council meeting be set for 7:30 p.m. The motion was seconded by Mr. Bewick. By a roll call vote of five (5) yes, three (3) no (Mr. McDonough, Mr. Weyandt and Mr. Muir) the motion was carried.
WESLEY COLLEGE OUTDOOR FESTIVAL
A letter was received from Ms. Mary Alice O’Donnell, Director of Student Activities of Wesley College, requesting permission to hold an outdoor concert with a folk singer in performance. The concert would be held in the amphitheatre area of the college on April 26, 1979 at 6:30 p.m.
Mayor Legates noted that a similar performance was held last year with no apparent complaints of excessive noise.
Mr. Muir moved for approval of the outdoor concert, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 9:25 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of March 26, 1979, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
April 2, 1979
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