REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 15, 1991 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Hare, Daisey, Levitt, Pitts, Salters, Lynn and Weyandt.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. DePrima, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Reverend Coleman, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Weyandt requested the addition of an executive session to discuss personnel matters. Council President Christiansen requested the deletion of item #5 (Storer Cable Communications/Robbins Hose Company), which will be presented at a later date.
By motion of Mr. Lynn, seconded by Mr. Weyandt, the agenda was approved, as amended.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 23, 1991
The Minutes of the Regular Council Meeting of September 23, 1991 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Hare and bore the written approval of Mayor Richter.
SPECIAL ELECTION RESULTS - FIRST DISTRICT - OCTOBER 7, 1991
The City Clerk reported that a Special Election for the First Council District was held on October 15, 1991. The following results were reported, as certified by the Election Judges:
Robert W. Lambert - 354
Joseph M. McDonough- 200
Total Vote - 554
Mr. Lynn moved for acceptance of the results of the Special Election for the First District, held on October 7, 1991, seconded by Mr. Hare and unanimously carried.
OATH OF OFFICE - ROBERT W. LAMBERT - FIRST DISTRICT
The Honorable Myron T. Steele, Judge of the Superior Court, administered the oath of office to Robert W. Lambert as a member of City Council representing the First District.
PROCLAMATION - HALLOWEEN
Mayor Richter issued a Proclamation, declaring that Halloween be observed on October 31, 1991 between the hours of 6:00 p.m. and 9:00 p.m. Mr. Weyandt relayed that he has received several complaints from citizens who feel that Halloween observance should be limited to two hours, and no later than 8:00 p.m. Upon discussing the matter, most members of Council felt that three hours was necessary for Halloween observance, but agreed that 8:00 p.m. was late enough for small children who wish to participate in the festivities.
Mr. Salters moved to request that Mayor Richter amend the Proclamation to limit the times from 5:00 p.m. to 8:00 p.m. The motion was seconded by Mr. Daisey and unanimously carried. Noting that Mayor Richter is out of town, Council President Christiansen agreed to sign the amended Proclamation in Mayor Richter's absence.
This was not necessary, however, since Mayor Richter was available to sign the amended Proclamation which was reissued as follows:
WHEREAS, the City of Dover wishes a safe and festive Halloween celebration for its citizens and encourages participation in the gaiety of this holiday by both young and old; and
WHEREAS, parents are prompted to join in the festivities by accompanying their children throughout their journey of gathering treats as is the custom of the celebration of Halloween; and
WHEREAS, the observation of this holiday, for extended periods, is an inconvenience to the public and contributes to the possibility of damage and destruction of personal property; and
WHEREAS, the Mayor of the City of Dover has deemed it advisable to observe the celebration of Halloween Trick-or-Treat on Thursday, October 31, 1991 between the hours of 5:00 p.m. and 8:00 p.m.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DO HEREBY PROCLAIM:
1. That the Halloween Trick-or-Treat observance shall be held on the 31st day of October, 1991 between the hours of 5:00 p.m. and 8:00 p.m.
2. That the residents of the City of Dover, or any other persons within the corporate limits of the City of Dover, limit their observance of this holiday to the aforesaid date and time, in an effort to maintain a fun and safe environment for everyone participating in the festivities.
PROCLAMATION - DOVER BUSINESS WOMEN'S WEEK
Mayor Richter issued the following Proclamation:
WHEREAS, National Business Women's Week has been observed annually since 1928 to pay tribute to the business and professional women in the United States; and
WHEREAS, the working women in Dover maintain an outstanding record of achievement in bettering the quality of career and community life.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, do hereby proclaim October 20-26, 1991 as DOVER BUSINESS WOMEN'S WEEK in conjunction with NATIONAL BUSINESS WOMEN'S WEEK in recognition of the distinctive contributions of working women to the progress of the workplace and the development of our City.
PUBLIC HEARING - REZONING - NEW BURTON ROAD - OAKES
A public hearing was duly advertised for this time and place to consider rezoning of property located on the easterly side of New Burton Road, north of Holly Drive (known as Lot #8 Holly Terrace), owned by Alexander and Leona C. Oakes.
Planner's Review
City Planner, Mr. Tony DePrima, stated that the Planning Commission unanimously recommended approval of the rezoning request. In taking this action, the Commission considered several points. The existing zonings and land uses within the vicinity of the property include lands zoned R-10 and R-8. South of and adjoining this parcel is a parcel on the northeasterly corner of New Burton Road and Holly Terrace which is also zoned C-1. The Comprehensive Plan recommends that this area, on the corner of New Burton Road and Holly Drive, be utilized for commercial purposes.
When zoning went into effect in the City in 1961 the property was zoned R-10. However, the property was subsequently rezoned to C-1, although it was never developed. The applicant requests rezoning of the property from C-1 back to R-10 for the purpose of constructing a single-family residence. City staff raised concern with creating a new entrance on New Burton Road at this location and suggested alternative access points, which were undesirable to the developer. In making their favorable recommendation, the Planning Commission reasoned that although staff raises valid concern with regard to traffic safety, a residential use with driveway access would be preferred over a commercial use and entrance with potential for a greater impact on traffic safety that could be established under the current C-1 zoning for this property.
Correspondence
The City Clerk reported that no correspondence was received on the proposed rezoning.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. Alan Thompson of Thompson-Alley Associates, Project Planner, requested Council's favorable action on the rezoning request, stating that the proposed residential use is clearly the best use of the land.
Council President Christiansen declared the hearing closed.
Mr. Weyandt moved to approve the rezoning request, in accordance with the recommendations of the Planning Commission. The motion was seconded by Mr. Lynn and by a unanimous roll call vote, Council adopted the following Ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE EASTERLY SIDE OF NEW BURTON ROAD, NORTH OF HOLLY DRIVE (KNOWN AS LOT #8 HOLLY TERRACE)
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 C-1 to R-10.
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 C-1 to R-10 on that property located on the easterly side of New Burton Road, north of Holly Drive (known as Lot #8 Holly Terrace), owned by Alexander and Leona C. Oakes.
ADOPTED: October 15, 1991
PUBLIC HEARING - REZONING - PROPERTY ON WALKER ROAD - NICHOLAS H. RODRIGUEZ
A public hearing was duly advertised for this time and place to consider rezoning of property located on the north side of Walker Road, approximately 2,540' west of Saulsbury Road, owned by Nicholas H. Rodriguez.
Planner's Review
City Planner, Mr. Tony DePrima, relayed that the Planning Commission unanimously recommended approval of the rezoning request. In taking this action, the Commission considered the following points: The existing zoning and land use in the vicinity include lands zoned R-8, RG-2 and RG-3. The Comprehensive Plan recommends that this area be utilized for medium density residential development.
The area of petition consists of approximately 3.496+/- acres of land currently zoned RG-2. This land is a portion of a larger tract of land involving a total of 18.990+/- acres. The remaining portion is zoned RG-3. The entire tract is undeveloped and wooded. The applicant requests rezoning from RG-2 to RG-3 to create a contiguous zoning for the entire 18.990+/- acre tract.
Correspondence
Mr. Levitt moved to acknowledge a letter from the Hamlet Homes Association, expressing concerns with the requested rezoning and requesting a traffic impact study. The motion was seconded by Mr. Lynn and unanimously carried.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. Paul Fleming of 158 Old Forge Drive submitted a petition from several homeowners in the Hamlet objecting to the requested rezoning, especially as it would negatively impact traffic on Walker Road which is already seriously congested. The petition also objected to the possibility of increased density in the RG-3 category. Mr. DePrima stated that the RG-3 classification actually requires more land per unit than the RG-2 classification, clarifying that the requested zoning classification of RG-3 would be considered a down-zoning from the current RG-2 zone.
Mr. Alan Thompson of Thompson-Alley Associates stated that they were encouraged by the Planning Office to submit the application to clean up the zoning on the entire parcel. Mr. Thompson reiterated that the request to RG-3 is a down-zoning. With this in mind, Mr. Thompson requested that Council approve the application so that Site Plan application can be made immediately.
Mr. Mark Schaeffer, one of the property developers, requested Council's approval of the request. He stated that the concerns of property owners in the Hamlet can be addressed at the time of Site Plan review.
Council President Christiansen declared the hearing closed. Noting the submission of a petition, Council President Christiansen stated that the City Assessor will have to analyze the petition to determine if it will mandate a three-quarters majority vote in accordance with the provision of Title 22 Del Code, Section 305.
Councilman Hare noted for the record that it was at the City's urging that the rezoning request was submitted. The applicant's plan for the development of a residential townhouse subdivision could be accomplished without the rezoning, but the rezoning would make the entire tract one zoning classification.
Referring to the correspondence requesting a traffic impact study, Mr. DePrima stated that traffic impact studies are normally performed upon submission of a Site Plan application rather than at the time of rezoning. Since the City Assessor will need time to analyze the petition, Mr. Lynn suggested that Mr. Thompson utilize the time to meet with residents to address their concerns.
Upon further questioning, the City Solicitor stated that Council could vote on the rezoning request. Should the motion receive less than seven (7) affirmative votes, then the action would be held in abeyance, pending the result of the petition analyzation. (Should the petition meet the requirements of Del. Code, then a 3/4 majority vote (seven affirmative votes) is necessary; otherwise, a simple majority vote (five affirmative votes) would be required.
Mr. Hare moved to approve the rezoning request in accordance with the recommendation of the Planning Commission, seconded by Mr. Weyandt.
Upon further discussion, Mr. Levitt moved to table action on the matter, pending review of the submitted petition. The motion was seconded by Mr. Pitts and carried by a vote of eight (8) yes, one (1) no (Mr. Hare).
PUBLIC HEARING - REZONING - PROPERTY AT NORTHEAST CORNER OF N. LITTLE CREEK ROAD AND ACORN LANE - CARTANZA FARMS LIMITED
A public hearing was duly advertised for this time and place to consider rezoning of property located at the northeast corner of N. Little Creek Road and Acorn Lane, owned by Cartanza Farms Limited. The current zoning on the property is R-8 (Single Family Residence) and the requested zoning is RG-2 (General Residence).
The City Clerk reported that a letter was received from George H. Chabbott, representing the owner of the property, requesting withdrawal of the rezoning request.
Mr. Lynn moved for acceptance of the letter of withdrawal, seconded by Mr. Weyandt and unanimously carried.
PUBLIC HEARING - REZONING - PROPERTY AT NORTHEAST CORNER OF WALKER ROAD AND HARMONY LANE
A public hearing was duly advertised for this time and place to consider rezoning of property located at the northeast corner of West Walker Road and Harmony Lane, owned by K/C Partners. The current zoning on the property is C-1A (Limited Commercial) and the requested zoning is RG-3 (Group Housing).
The City Clerk reported that a letter was received from George H. Chabbott, representing the owner of the property, requesting withdrawal of the rezoning request.
Mr. Salters moved for acceptance of the letter of withdrawal, seconded by Mr. Pitts and unanimously carried.
POLICE BARGAINING UNIT - ACCEPTANCE OF AGREEMENT
It was reported that the City of Dover and the Police Association have reached an agreement on a new contract. By motion of Mr. Hare, seconded by Mr. Lynn, Council, by a unanimous roll call vote, approved the Police Bargaining Unit Agreement (as on file with the Office of the City Clerk).
In concert with the Agreement, Mr. Lynn moved for approval of the Resolution providing recognition under Title 19, Del. C. The motion was seconded by Mr. Salters and Council adopted the following Resolution by a unanimous roll call vote:
WHEREAS, the Delaware General Assembly has enacted the Police Officers and Firefighters Employment Relations Act, 19 Del. C. s 1601, et seq., for the purpose of promoting harmonious and cooperative relationships between public employers and their employees employed as police officers and firefighters and for the purpose of insuring the orderly and uninterrupted operations and functions of public safety services; and
WHEREAS, the City Council of the City of Dover deems it in the best interest of the people of the City of Dover to elect coverage under the Police Officers and Firefighters Employment Relations Act for the purpose of furthering the Act's purposes;
THE CITY COUNCIL HEREBY DECLARES AND RESOLVES THAT, by and through this Resolution, it undertakes the affirmative legislative act of electing to be a "public employer" or "employer" for the purposes of the Police Officers and Firefighters Employment Relations Act.
ADOPTED: October 15, 1991
COMMITTEE APPOINTMENTS - ROBERT W. LAMBERT
Council President Christiansen requested Council confirmation of the appointment of the newly elected Councilman, Robert W. Lambert, to serve as a member of the Safety Advisory Committee and the Parks and Recreation Committee. Council President Christiansen advised Members of Council that the City Code requires a certain number of Councilmen to serve on each committee. However, since Mr. Lambert was elected so late in the term, he requested that Mr. Lambert be permitted to serve on the two committees in addition to those already serving.
Mr. Hare moved for confirmation of the appointment of Mr. Robert Lambert to the Parks and Recreation Committee and the Safety Advisory Committee. The motion was seconded by Mr. Salters and unanimously carried (Mr. Lambert abstaining).
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on September 24, 1991 with Chairman Weyandt presiding.
General Obligation Bond Issue Series 1991 - Appointment of Bond Counsel and Financial Advisory
As directed by Council, a public hearing has been scheduled for October 22, 1991 to receive public input on the proposed projects in the Bond Issue.
Mr. Karia, Finance Director, submitted an action plan, including the appointment of bond counsel and the financial advisor. The plan will enable the City to take advantage of lower interest rates and market timing.
Mr. Karia recommended that Potter Anderson & Corroon be appointed as the bond counsel for the bond issue at a fee not to exceed $20,000 and out of pocket expenses estimated to be $2,000. He also recommended that James T. Cavanaugh & Associates be appointed as the financial advisor for the bond issue at a fee not to exceed $10,500 and out of pocket expenses estimated to be $1,000. Mr. Karia assured members that no fees would be incurred prior to Council's decision on the bond issue projects and size.
Responding to committee members' concerns of the possibility of the bond referendum failing, Mr. Karia explained that there would be no fees incurred by the financial advisor; however, there would be a minimal fee for the bond counsel to prepare the resolution, referendum language, and ballot at an estimated cost of $2,000 - $3,000.
The committee recommended that Potter Anderson & Corroon be appointed as the bond counsel for the bond issue at a fee not to exceed $20,000 and out of pocket expenses estimated to be $2,000; and that James T. Cavanaugh & Associates be appointed as the financial advisor for the bond issue at a fee not to exceed $10,500 and out of pocket expenses estimated to be $1,000.
Mr. Weyandt moved for approval of the committee's recommendation to appoint Potter Anderson & Corroon as bond counsel for the bond issue at a fee not to exceed $20,000 and out of pocket expenses estimated at $2,000. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.
Mr. Weyandt moved for approval of the committee's recommendation to appoint James T. Cavanaugh & Associates as the financial advisor for the bond issue at a fee not to exceed $10,500 and out of pocket expenses estimated to be $1,000. The motion was seconded by Mr. Hare and carried by a unanimous roll call vote.
Mr. Weyandt assured the public that although these appointments are necessary, they will not be instituted until such time as the bond referendum has been approved by the public.
Asbestos Removal Abatement
As directed by the committee during their meeting of August 27, 1991, the Inspections Department submitted a brief synopsis on asbestos removal abatement.
Mr. Weyandt suggested that the Community Services Department study the report and that during budget preparation, they take into consideration the higher costs for demolition when asbestos is involved.
Mr. Weyandt moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Hare and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on September 24, 1991 with Chairman Salters presiding.
Closing of Gate Between Dover High School and Woodcrest Development
During the committee meeting of August 8, 1991, staff was directed to explore the legality of closing the access sidewalk between Woodcrest and Dover High School as a means of alleviating both the parking of student cars on Schoolhouse Lane and the gathering of students to smoke on Schoolhouse Lane.
In accordance with an opinion received from Deputy City Solicitor Pepper, the City can close the walkway, which would be accomplished in the same manner that the City closes a street.
The committee recommended that consideration of closing the gate be delayed until the impact of the parking restrictions is established. It was also felt that the closing of the sidewalk may be an inconvenience to Woodcrest residents.
No further action was taken by Council.
Mr. Salters moved for acceptance of the Safety Advisory Committee Report as submitted, seconded by Mr. Hare and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on September 24, 1991 with Chairman Levitt presiding.
Request for Abandonment of Davis Circle - Joe Burden
Mr. Joe Burden submitted a letter requesting the abandonment of Davis Circle, located in Lincoln Park Development. Members were provided with a plan depicting the undeveloped area consisting of approximately 3,873 sq. ft.
Members were advised that there are existing electric lines that run through the area; therefore, it would be necessary for the City to secure an easement. According to the Public Works Department, an 11' right-of-way off of the curb must be maintained by the City. This requirement would reduce the area to be abandoned to 2,751 sq. ft. The Planning Commission recommended approval of the request for abandonment with the above stipulations.
Mr. Weyandt advised members that according to past policy, the City should be compensated for this property. City Assessor Lucas advised members that since Mr. Burden currently has sufficient land for his building project, this parcel would have to be treated as extra, or residual land. Residual land in this valuation neighborhood carries a value of $0.13 per sq. ft.
The committee recommended that a public hearing be held to consider abandonment of the undeveloped portion of Davis Circle, consisting of approximately 2751 sq. ft. to Mr. Joe Burden, based on compensation at the rate of $0.13 per sq. ft. and that the City maintain an easement for electric lines.
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Salters and Council unanimously adopted the following Resolution:
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A CERTAIN STREET SITUATED IN THE CITY OF DOVER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 1.The Council of the City of Dover favors the vacating and abandoning of the following street:
ALL that certain piece or parcel of land situated in the City of dover, Kent County, State of Delaware, a parcel of land being part of Davis Street, lying on the southerly end of Davis Street, bounded on the south, east and west by lands now or late of Joe W. Burden and Georgianna B. Burden; on the north by the southerly right-of-way line of Davis Street.
Section 2.The Council of the City of Dover will sit on Monday, October 28, 1991 at 7:30 p.m., in the Council Chambers at City Hall, Dover, Delaware, to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158, Volume 36, Laws of Delaware).
Section 3.The Clerk of Council is hereby directed to post copies of this Resolution in five or more public places in the City of Dover and to publish the same in a local newspaper published in said City.
ADOPTED: October 15, 1991
Unit #3 Fall Scheduled Maintenance Outage
Unit #3 is normally shut down for a period of time in the fall to perform regular maintenance. Unit #3 has been experiencing the inability of holding a steady load. Also, Unit #3 was damaged during the severe electrical storm on September 17th, and has not been on line since. Staff felt that the Unit #3 turbine should be opened to make the necessary repairs. Bids were solicited to perform the identified job scope as well as any necessary repairs to the nozzle plate or other miscellaneous repairs. The low bid was received from East Coast Management (ECM), in the amount of $81,000 plus assumed additional repairs of $70,000, totalling $151,000.
The committee recommended that a purchase order be issued to ECM for the firm cost of $81,000 for the bid scope, with a not-to-exceed $151,000 notation to permit any additional necessary repairs.
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Weyandt and carried by a unanimous roll call vote.
West Loockerman Street Beautification
The City has received $50,000 in State Suburban Street Funds from Representative Stuart Outten to continue the beautification project on Loockerman Street westward past New Street. Staff developed a conceptual plan that extends the current streetscape to the west on Loockerman Street from New Street to Queen Street and presented members with a diagram. Staff estimated the cost for the implementation of the proposed beautification project, as follows:
Sidewalk replacement & curb work - $25,000
Street lights, traffic lights, & underground wiring- 11,863
Landscape (trees, shrubs, ground cover) - 9,065
Surveyor (establish property boundaries) - 2,500
Total - $48,428
=======
A March 1992 start up date is anticipated. The committee recommended authorization to proceed with the implementation of the concept plan as presented. Mr. Daisey recommended that a letter of appreciation be sent to Representative Outten for his contribution to the City of Dover.
Mr. Weyandt pointed out that sidewalk replacement costs are included in the total project costs, feeling it somewhat unfair to other property owners that are held responsible for their own sidewalk maintenance.
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Daisey and unanimously carried.
Bid - North Street Water Line
City Council approved the conceptual plan for the renovation of North Street between Federal and State Streets. Part of the conceptual plan is the installation of utility lines in the street. The State of Delaware agreed to pay for the sewer line. In order to properly coordinate the project with the State's installation of the sewer line, staff solicited a bid from the State's contractor.
The committee recommended that a purchase order be issued to International Construction Engineering, Inc., in the amount of $30,500, for the water line and a minor extension of the sewer line that does not fall within the State's area of responsibility (water line - $26,383; sewer line - $4,052).
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Weyandt and carried by a unanimous roll call vote.
Quarterly Fuel Adjustment Review
The City reviews its fuel adjustment projections at least quarterly and modifies its fuel adjustment in December on a levelized basis for the next calendar year. The current fuel adjustment rate is set at $0.00 per KWH.
The cost of fuel was projected at $16.00 per barrel. With the current price of $13.35 per barrel, the fuel fund has a balance of $2,650,188.93, as of August 1991. A minimum balance of $1,000,000 is kept in the fund for cash flow purposes. Staff noted that there are a number of uncertainties in the oil market which could result in large swings in the price of oil and recommended that no action be taken at this time.
The committee took no further action.
Mr. Levitt moved that no action be taken on the fuel adjustment rate at this time, seconded by Mr. Hare and unanimously carried.
City Manager's Monthly Report
Mr. Levitt noted that as indicated on page 1.5 of the City Manager's Monthly Report for August 1991, the City has completed all of the necessary preparation to legally provide Little Creek with water if they so desire. This will remain a pending item for consideration by the Utility Committee until we receive a response from Little Creek regarding this issue.
Mr. Levitt moved for acceptance of the Utility Committee Report as submitted, seconded by Mr. Lynn and unanimously carried.
REZONING REQUEST - PROPERTY ON SOUTHWESTERLY SIDE OF CARVER ROAD - RICHARD A. PARSONS
A request was received to rezone property located on the southwesterly side of Carver Road, approximately 200+/- feet east of Saulsbury Road, owned by Richard A. Parsons. The current zoning is RG-2 (General Residence) and the requested zoning is C-P0 (Commercial/Professional).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Hare, seconded by Mr. Weyandt, Council unanimously referred the request to the Planning Commission and set a public hearing for December 9, 1991 at 7:30 p.m. The first reading of the following ordinance was accomplished:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE SOUTHWESTERLY SIDE OF CARVER ROAD, APPROXIMATELY 200+- FEET EAST OF SAULSBURY ROAD
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of September 23, 1991.
Chapter 10 - Dover Housing Code - Art. III - Section 10-41
Mr. Lynn moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Weyandt and unanimously carried.
Mr. Lynn moved for adoption of the following ordinance, seconded by Mr. Daisey and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Housing Code, Chapter 10, is hereby amended by adding a new section to be designated Article III, Sec. 10-41, to read as follows:
ARTICLE III. LEASES
Sec. 10-41Unlawful Leases
a. No owner or landlord shall enter into any agreement, contract, lease, or sublease which provides for, permits, allows, contemplates, or facilitates occupancy of any structure contrary to the use requirements of the City Zoning Ordinance. Any agreement, contract, lease, or sublease which provides for, permits, allows, contemplates, or facilitates such occupancy by more persons than permitted in the City Zoning Code is unlawful and hereby declared to be contrary to public policy.
b. All agreements, contracts, leases, or subleases for the occupancy of dwelling units shall prominently stipulate that any renter or occupier of the rental unit shall not violate the noise ordinance or disorderly conduct ordinance of the City of Dover in connection with the use of the premises and shall also prominently stipulate that any renter or occupant of the rental unit shall not commit any drug offense on the premises. The agreement, contract, lease, or sublease shall also prominently stipulate that if any renter or occupant shall be convicted more than one time in any three month period of violating the noise ordinance or disorderly conduct ordinance of the City of Dover in connection with the use of the premises or is convicted of any drug offense which occurred on the premises, the renter or occupier shall be considered to have breached a lawful obligation relating to his use of the premises and shall be grounds for termination of the agreement, contract, lease, or sublease as it applies to that renter or occupant.
c. The City shall notify the landlord, owner, or owner's agent if a renter or occupant of the rental unit is convicted of violating the City of Dover disorderly conduct ordinance or the noise ordinance of any drug law. Notice shall be deemed to be properly served upon the owner or the owner's agent if a copy thereof is delivered to the owner, or the owner's agent; or by leaving a notice at the usual place of abode, in the presence of someone in the family of suitable age and discretion, who shall be informed of the contents thereof, or by certified mail addressed to the owner or the owner's agent at the last known address with return receipt requested; or lastly by posting a copy thereof in a conspicuous place in or about the structure affected by said notice.
d. Within seven (7) days of the receipt of notice that a renter or occupier has been convicted of violating the City of Dover disorderly conduct ordinance of the nosie ordinance, the landlord, owner, or owner's agent shall cause notice to be served upon the affected renter or occupier that if a second such violation occurs within three (3) months, the rental agreement will be terminated.
e. Within seven (7) days of the receipt of the notice that a renter or occupier has been convicted of a second violation of the City of Dover disorderly conduct ordinance or noise ordinance or has been convicted of a drug offense, the landlord, owner, or owner's agent shall cause to be served upon the affected renter or occupier notice that the rental agreement is terminated and that the renter or occupier has not more than seven (7) days to vacate the unit.
f. If the renter or occupier fails to vacate the unit within the time specified in the notice, the landlord, owner, or owner's agent shall immediately initiate and diligently pursue in good faith summary proceedings for possession as specified in landlord/tenant code of the State of Delaware. The failure of the landlord, owner, or owner's agent to initiate or diligently pursue in good faith summary proceedings for possession shall constitute a violation of this ordinance and shall subject the landlord, owner, or owner's agent to the penalties provided herein.
g. Any person, firm, or corporation who violates any provisions of this ordinance shall have his rental license for the premises revoked and shall be punished by a fine of Fifty Dollars ($50.00) for the first offense and One Hundred Dollars ($100.00) for each subsequent offense. Each day that the violation is allowed to continue to exist shall constitute a new and separate offense.
ADOPTED: October 15, 1991
Mr. Lambert voiced his concern that the ordinance will not have the impact desired. He relayed his feeling that landlords are welcomed in the City and his hopes that they realize the ordinance is not directed towards landlords, but rather is directed towards unruly tenants. Responding, Mr. Lynn stated that the ordinance should help to protect landlords. They obviously want good tenants and the ordinance should help them to evict tenants that cause problems.
Mr. Salters moved to adjourn into Open Forum and then into executive session to discuss personnel matters, seconded by Mr. Hare and unanimously carried.
OPEN FORUM
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.
Dr. Daniel Forsee - 46 S. Governors Avenue
Dr. Daniel Forsee of 46 S. Governors Avenue expressed the appreciation of his neighborhood for the adoption of the landlord/tenant ordinance. Dr. Forsee requested that City staff consider the installation of low pressure sodium lights on S. New Street, similar to those installed on S. Governors Avenue.
Meeting Adjourned at 9:16 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of October 15, 1991, are hereby approved.
JOHN E. RICHTER
MAYOR
jg