LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met on August 13, 1991, at 7:00 p.m. . with Chairman Weyandt presiding. Members present were Councilmen Hare and Lynn and

Mr. Leary. Other members of Council present were Mr. Salters, Mr. Levitt,

Mr. Daisey,Council President Christiansen and Mayor Richter. Councilmen Pitts

and VanSantwere absent.

AGENDA ADDITIONS/DELETIONS

Mr. Weyandt requested the addition of item #3-B, Water Assessments Appeals Amendment to Section 18.7-9 of the Dover Code, which was listed on the Utility Committee agenda.

Mr. Lynn moved for approval of the agenda as amended, seconded by Mr. Hare and unanimously carried.

SOUTH GOVERNORS AVENUE PROPERTY INVESTIGATION

City Planner, Ed Cregar, submitted a report resulting from the Department of Inspections' investigation and evaluation of the complaints and concerns expressed by the residents in the area of South Governors Avenue from Division Street to Reed Street. Resulting from their investigation, staff made the following recommendations:

1)There is no way for the City to prove when the conversations were created and who was responsible and because the properties have been transferred to new owners with the units in place, staff believes that the City should grant a temporary legal-non-conforming status to those properties that do not comply with the minimum requirements.

2)The non-conforming status would remain with the property for the length of the ownership of the current owner. When the property would be resold in the future, the condition of the property would have to be returned to a conforming use.

3)All multiple-occupancy structures must apply for a Multiple Occupancy Permit. This will assist the City in maintaining an accurate record and inventory of the units in this area.

4)The property owners will apply for and provide adequate trash containers for the occupancy at each structure.

5)The property owners will secure the required off-street

parking per dwelling unit. In those cases where the limitations of the lot will not allow for parking to be provided, the City shall require parking spaces to be leased at the Governors Avenue or Bradford Street parking lots.

6)The moratorium on conversions should be codified by making conversions a Conditional Use with a public hearing before the Planning Com ' mission. This will require an ordinaDce change. Conversions approved after the change will be required to show how all conditions of the ordinaDce will be met. Life safety issues, parking and number of units permitted would all be a part of the application approval process.

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Although the recornmendations may not seem strong enough, Mr. Cregar stated that staff feels that resolution of the situation really means getting people to realize their responsibility to each other as neighbors and as landlords in a community. He also stated that higher standards will be required of owners and of those who reside in the area.

Mr. Weyandt suggested that those owners that are in the process of making conversions at this time should be made to obtain a permit and that if no permit was issued, they should be fined. Since the study reveals those owners that did not obtain a permit to make conversions, Mr. Weyandt felt that they should be required to do so at this time so that the City has a record of the conversion.

Several members of Council voiced their concern with the concept of grandfathering the non-conforming structures. They felt that all properties should be required to conform to the provisions of the Zoning Code.

Mayor Richter suggested that Council charge the Inspections Department staff to continue to investigate illegal conversions of single-family dwellings into multiple occupancy buildings throughout the entire City.

Mr. Hare moved to recommend that staff require all properties to be brought into compliance in accordance with the Zoning Code, seconded by Mr. Lynn and unanimously carried.

Mr. Hare moved to recoinmend that staff be authorized to prepare an ordinance amendment that would make conversions a conditional use and require a public hearing. The motion was seconded by Mr. Lynn and unanimously carried.

Mr. Leary moved to recommend that Council charge the Inspections Department staff to continue their inspections throughout the entire City, seconded by Mr. Lynn

Resuiting from the appeals on the U.S ' Route *113 water main assessment, the committee has been reviewing the notification procedures to property owners for water and sewer assessments for possible revisions. The committee recommended that Section 18.7-2 of the Dover Code be amended to provide for notification of water or sewer main assessments to each affected property owner after bids are received, including the estimated front foot assessment based on the low bid.

During their Regular Meeting of July 8, 1991, Council tabled action on the proposed amendment, feeling that property owners should be advised of projects prior to awarding of the contract. As directed by the committee during their meeting of July 23, 1991, staff revised the proposed amendment and recommended that Council adopt an ordinance that would require notification to all property owners adjacent to an assessment project at the time design work is to begin, with an additional notification following the receipt of bids.

Mr. Lynn moved to recommend acceptance of staff's recommendation and that Section 18.7-2 of the Dover Code be amended (Attachment *1), seconded by Mr. Hare and

and unanimously carried.

unanimously carried.

July 9, 1991 Utility ommittee meeLing, staff was directed to develop an ordinance for water and sewer main assessments that would state the policies regarding the metbods of determining an individual property's assessment.

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Mr. Worley advised members that Section 28 of the Charter addresses the power of Council to levy assessments for public improvements and that Chapter 18.7 of the Code of Ordinances addresses the procedures for notification, payment, and appeals of special assessments. He explained that, in the past, the mechanisms for determining the front foot charges have been in policy form. Mr. Worley submitted a proposed ordinance which includes a requirement that maximum front foot charges be set.

Staff recommended adoption of the proposed ordinance and that the maximum rates be set for 1991-92 at $30 per foot for water mains and $40 per foot for sewer mains.

Mr. Lynn moved to recommend adoption of the proposed ordinance (Attachment *2), seconded by Mr. Hare and unanimously carried.

Mr. Lynn moved to recommend that the maximum front foot charges for fiscal year 1991-92 be set at $30 per foot for water mains and $40 per foot for sewer mains. The motion was seconded by Mr. Hare and unanimously carried.

Mr. Worley advised members that he will request an opinion from the City Solicitor on the effect the proposed ordinance will have on the Route #113 assessments and that a recommendation will be presented during the August 27th committee meeting.

Mr. Worley also stated that the proposed ordinance would effect the water and sewer assessment charges for Vondaway Drive and that a recommendation will be presented to the Utility Committee during their meeting of August 27th.

PURCHASE OF SENIOR SURREY BUS

Each year the City purchases a new surrey bus to replace an older model on a five-year rotation basis. It was noted that the Delaware Transportation Authority reimburses the City 100% for the purchase of the surrey bus. Last fiscal year, staff intended to piggyback on the DAST order for vans but was not informed until very late that DAST was ordering full-sized vans and not the smaller converted vans used by the surrey service. Therefore, staff had to submit bids for the surrey bus and was not able to place an order for fiscal year 1990/91 until June 10, 1991. Staff recommended that a purchase order be issued to the lowest bidder, Chesapeake Bus and Equipment Co. , in the amount of $31,500.

Noting that the bid was requested near the beginning of fiscal year 1991/92, staff requested the vendor to hold the bid price of $31,500 for the purchase of another vehicle in fiscal year 1991/92. The vendor agreed to staff's request.

Mr. Hare moved to recommend that a purchase order be issued to Chesapeake Bus and Equipment Co. in the amount of $31,500. The motion was seconded by Mr. Lynn and unanimously carried.

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

Meeting Adjourned at 7:50 P.M.

Respectfully submitted,

Francis R. Weyandt

Chairman

FRW/DJB/jg

Attachments