REGULAR COUNCIL MEETING
The Regular Council Meeting was held on December 10, 1990 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Hall, Daisey, Levitt, Pitts, Salters, Lynn, Weyandt and VanSant.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. Cregar, Mrs. Boaman and Mr. Rodriguez.
Mr. Lynn moved to recess into Executive Session to discuss legal matters, seconded by Mr. Salters and unanimously carried. The Council meeting resumed at 7:30 p.m.
ROBBINS HOSE COMPANY ELECTION RESULTS - NOVEMBER 19, 1990
The City Clerk reported that an election of the Robbins Hose Company, held on November 19, 1990, resulted in the following officers elected:
Chief - William Hurley
Second Assistant Chief - William R. Staats, Jr.
Third Assistant Chief - Harry W. Pusey
Fire Line Captain - Al Farling
A tie vote was declared for the offices of Deputy Fire Chief and First Assistant Chief and a special election was set for November 26, 1990. The City Clerk reported that the special election for Deputy Fire Chief and First Assistant Chief resulted in the following officers being elected:
Deputy Fire Chief - Carleton Carey, Sr.
First Assistant Chief - Charles Boyer
Mr. VanSant moved for acceptance of the results of the elections held on November 19 and 26, 1990, seconded by Mr. Lynn and carried by a roll call vote of eight (8) yes, one (1) not voting (Mr. Christiansen).
OATH OF OFFICE - ROBBINS HOSE COMPANY
The oath of office was administered by Mayor John Richter for the following 1991 Fire Line Officers of the Robbins Hose Company:
Chief - William Hurley
Deputy Fire Chief - Carleton Carey, Sr.
First Assistant Chief - Charles Boyer
Second Assistant Chief - William R. Staats, Jr.
Third Assistant Chief - Harry W. Pusey
Fire Line Captain - Al Farling
The invocation was given by Reverend Roland Coker, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Council President Christiansen requested the addition of agenda item #7A (Statement by City Manager) and that item #11 be moved to item #15A.
Mr. Lynn moved for approval of the agenda as amended, seconded by Mr. Hall and unanimously carried.
STATEMENT BY CITY MANAGER
Council President Christiansen moved to authorize release of the following statement, as read by the City Manager. The motion was seconded by Mr. Lynn and unanimously carried:
“Nicholas H. Rodriguez, City Solicitor of the City of Dover, and David S. Swayze, Counsel for Eden Hill Farms, Inc., announced that Eden Hill has agreed to dismiss its Superior Court appeal of a variance granted to the City from the Noise Performance Standards of the City’s Zoning Code in connection with the construction and operation by the City of an electricity generation turbine at the Schutte Farm site. The dismissal filed is an agreement between the City and Eden Hill that will limit the noise emitted by the turbine and a second turbine scheduled to be built on the site in 1996. At public hearings, the City had offered to install sound muffling equipment and to construct a noise barrier around the turbines that would limit the sounds emitted from each turbine. In the agreement, the City has guaranteed that the sound emitted from each turbine will not exceed 63 decibels and that the total sound emitted from both turbines will not exceed 67 decibels when measured at the Scott Paper Company property line, which is the only property line where the proposed turbine did not meet the current standards of the City’s noise ordinance. The agreed upon sound levels are measurably lower than those originally granted in the variance, but are still slightly greater than the current zoning code permits.
As a part of the agreement, the City will pay the court costs incurred in the Superior Court action and will pay the sum of $14,000 to Eden Hill as part of its claim for attorneys fees and expenses incurred in connection with the lawsuit. The City’s engineers have estimated that the additional noise attenuation devices will cost the City an additional $350,000.
The attorneys further advise that the possible adoption by the City of an ordinance altering the noise performance standards would not affect this agreement.”
RESOLUTION - CARL A. LOHRMANN
By motion of Mr. VanSant, seconded by Mr. Salters, Council unanimously adopted the following Resolution:
WHEREAS, Corporal Carl A. Lohrmann has been a faithful employee since October 5, 1967, when he was hired as a Patrol Officer for the City of Dover Police Department; and
WHEREAS, Corporal Lohrmann was assigned to the Criminal Investigation Unit in 1978, promoted to Patrolman First Class in February 1972 and as Corporal in December 1972; and
WHEREAS, during the first ten years of his career, Corporal Lohrmann was called upon to serve as a field training officer for newly hired police officers; and
WHEREAS, in June 1976, Corporal Lohrmann graduated from Delaware Technical and Community College with an Associate of Science Degree in Criminal Justice Technology, in March 1978 he completed a Police Supervision course sponsored by the F.B.I. and he is a qualified instructor in the use of radar; and
WHEREAS, Corporal Lohrmann’s main interest in police work has been accident investigations and traffic related problems, having demonstrated his love of police work by always volunteering for additional assignments; and
WHEREAS, after 23 years of dedicated service, Corporal Lohrmann has chosen to retire from employment with the City of Dover Police Department on January 3, 1991.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council extend their deepest gratitude to Corporal Carl A. Lohrmann for his contribution to our community, highly commending him for the manner in which he carried out his responsibilities and duties for the City of Dover Police Department.
2. That Corporal Lohrmann and his family are wished a healthy, happy, and peaceful retirement.
3. That the City Clerk is hereby directed to make this Resolution a part of the permanent records of the City of Dover as a lasting symbol of appreciation for the long and dedicated service of Corporal Carl A. Lohrmann.
ADOPTED: December 10, 1990
Mayor Richter and Chief Hutchison presented Cpl. Lohrmann with a City of Dover Cup and Plaque, expressing their appreciation for his many years of service.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 26, 1990
The Minutes of the Regular Council Meeting of November 26, 1990 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Lynn and bore the written approval of Mayor Richter.
REZONING PUBLIC HEARING - BAY DEVELOPERS
A public hearing was duly advertised for this time and place to consider rezoning of property located north of State College Road, adjacent to the westerly right-of-way line of the Conrail Railroad tracks, owned by Bay Developers.
Planner’s Review
Mr. Cregar explained that the parcel was annexed into the City approximately one year ago. At the time of annexation, the property was zoned C-PO on the front portion, with the remainder of the land zoned IPM. The 7.88 +/- acres is the interior portion of an 18.22 +/- acre tract.
The Comprehensive Plan recommends that this area be utilized for Manufacturing and Industrial and Open Space purposes. Mr. Cregar explained that the current IPM (Industrial Park Manufacturing) zone is essentially the same as the requested M (Manufacturing) zone, except that IPM allows for professional office development whereas the M zone does not.
The Project Architect met with the Planning Staff to discuss the Planning Commission’s concerns over adequate buffering between the C-PO (Commercial/Professional Office) uses and the M (Manufacturing) uses. It was generally agreed that provisions should be made for an area of IPM (Industrial Park Manufacturing) zoned land of adequate size to site at least one (1) IPM use and that substantial landscape screening in this area should be established to provide, not only sizable physical distance between the C-PO and M zoned lands, but also to provide a significant amount of visual screening between these between these two areas. After review of a revised Master Site Development Plan, the Planning Commission felt that the Master Plan would provide adequate spacing and visual amenity to protect the interests of both the C-PO land uses and the proposed M zoned land uses that might develop at College Business Park. Based largely on the revised Master Plan, the Commission recommended that the zoning be approved as requested.
Correspondence
The City Clerk reported that no correspondence was received on the proposed rezoning.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. Terry Jackson, Project Architect, was present to urge Council’s support of the rezoning request. He explained that the developers have agreed to provide adequate protection between the manufacturing areas and the office areas.
Council President Christiansen declared the hearing closed.
Mr. VanSant moved for approval of 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 NORTH OF STATE COLLEGE ROAD, ADJACENT TO THE WESTERLY RIGHT-OF-WAY LINE OF THE CONRAIL RAILROAD TRACKS
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 IPM to M.
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 IPM to M on that property located north of State College Road, adjacent to the westerly right-of-way line of the Conrail Railroad Tracks, owned by Bay Developers.
ADOPTED: December 10, 1990
FINAL READING - PROPOSED ORDINANCES
1990 Sidewalk Program
Mr. Lynn moved for approval of the following ordinance, which was read by title only. The motion was seconded by Mr. Daisey and by a unanimous roll call vote, Council adopted the following ordinance:
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF THE INSTALLATION OF CONCRETE SIDEWALK UNDER THE CITY OF DOVER 1990 SIDEWALK PROGRAM.
WHEREAS, the Council is authorized to order replacement of sidewalks when necessary, to provide for the levy and collection of assessments against property owners whose land adjoins said sidewalk; and
WHEREAS, the Council has caused to be installed sidewalk in the area designated for 1990; and
WHEREAS, the Council is enacted pursuant to the Charter of the City of Dover, Section 28, (c) to levy and collect the assessment against property owners whose land adjoins said installation to cover the cost thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. An assessment shall be, and hereby is levied against all property owners whose property adjoins the installation of said sidewalk at the following rates:
Removal of Concrete & Replace with Topsoil $1.25 sq. ft.
Removal & Replacement of 4" Concrete Sidewalk $3.40 sq. ft.
Removal & Replacement of 6" Concrete Sidewalk $4.50 sq. ft.
Placement of 4" Concrete Sidewalk $2.70 sq. ft.
Placement of 6" Concrete Sidewalk $3.50 sq. ft.
Removal & Replacement of Brick Sidewalk $8.13 sq. ft.
2. These assessments shall be liens against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. These assessments shall be paid within a three year period from the date or enactment of the assessment and levied at the rate of 9% per annum on the unpaid balance of each assessment. The assessments plus accrued interest at the date of payment may be paid in full at any time during the three year period. If the assessments are paid in full within sixty days from date of enactment of the assessments and levies then all interest charges shall be waived and only the original amount of each assessment shall be paid.
4. Individual appeals of the assessments shall be in accordance with Section 18, 7-7, “Appeal of Assessment,” of the “Code of Ordinances” of the City of Dover.
ADOPTED: December 10, 1990
Water Conservation Performance Standards
Mr. VanSant moved for approval of the following ordinance, which was read by title only. The motion was seconded by Mr. Lynn and by a unanimous roll call vote, Council adopted the following ordinance:
TO AMEND CHAPTER 5, ARTICLE V. PLUMBING CODE OF THE CITY OF DOVER CODE OF ORDINANCES BY ADDING A NEW SECTION 5-77 TITLED: WATER CONSERVATION PERFORMANCE STANDARDS
SEC. 5-77. WATER CONSERVATION PERFORMANCE STANDARDS
(a) General Policy
No water shall be provided for internal or external use to any residential, commercial, industrial, agricultural, recreational, governmental, or public building or structure of any kind which is constructed or remodeled and in which plumbing, water piping or water fixtures are to be installed, extended or altered in any way, and for which construction a permit is required to be obtained (or would be required but for an exemption from a permit requirement for public or governmental agencies) unless the new, extended or altered plumbing, water piping and other water fixtures therein conform to the requirements and standards of item (b) of this Ordinance. The provisions of this Ordinance shall apply to any such building or structure for which such a building permit is issued, or would otherwise be required to be issued but for such an exemption, on or after (Date of Adoption).
(b) Water Conservation Performance Standards for Plumbing Fixtures and Fittings
(1) - Water Closets and Associated Flushing Mechanisms
The water consumption of water closets shall not exceed an average of 1.6 gallons per flush cycle. The fixture shall perform in accordance with the test requirements of the ANSI A122.19.2M and ANSI A112.19.6M.
(2) - Urinals and Associated Flushing Mechanism
Urinal water consumption shall not exceed an average of 1.5 gallons per flush cycle. The fixtures shall perform in accordance with the text requirements of ANSI A122.19.2M and ANSI A112.19.6M.
(3) - Showerheads
Showerhead discharges rates shall not exceed 3.0 gallons of water per minutes. The fixture shall perform in accordance with the test requirements of ANSI A122.18.1M.
(4) - Faucets
Sink and lavatory faucet discharge rates shall not exceed 3.0 gallons of water per minutes. The fixture shall perform in accordance with the test requirements of ANSI A112.18.1M.
(c) Special Provisions
(1) - Special Purpose Equipment
The performance standards of item (b) not apply to fixtures and fittings such as emergency showers, aspirator faucets, and blowout fixtures that, in order to perform a specialized function, cannot meet the specified standards.
(2) - Exemptions
Any person(s) may apply to the City of Dover for an exemption to the terms of this Ordinance, which may be granted by the Plumbing Code Board of Appeals, upon proof that some other device, system or procedure will save as much or more water as those set forth herein, or that those set forth herein cannot be complied with, without undue hardship.
(d) Office Review and Modification
The City of Dover may, from time to time, modify, add to, or remove from the standards and restrictions herein.
ADOPTED: December 10, 1990
ANNEXATION REFERENDUM RESULTS - WILLIS ROAD
The City Clerk reported that an annexation referendum was held on November 29, 1990 for one property located on Willis Road. One vote was cast in favor of annexation, with no other votes cast.
Mr. Lynn moved for acceptance of the results of the annexation referendum, seconded by Mr. Hall and unanimously carried.
By motion of Mr. Hall, seconded by Mr. Salters, Council adopted the following resolution by a unanimous roll call vote:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
Referendum #1
BEGINNING at a point in the east line of Willis Road at a corner for this lot and a 30' alley, said point of beginning being north 25 degrees 13 minutes west of and 210 feet from the intersection of the east line of Willis Road with the north right-of-way line of the North Little Creek Road; thence running from said point of beginning with the east line of Willis Road north 25 degrees 13 minutes west 131.92 feet to a point in the east line of Willis Road; thence running north 64 degrees 47 minutes east 200 feet to a corner for this lot line with lands of the City of Dover; thence running with lands of the City of Dover south 25 degrees 13 minutes east 131.92 feet to a corner for this lot and for lands of the City of Dover; thence continuing with lands of the City of Dover and Haines south 64 degrees 47 minutes west 200 feet to the place of beginning, and containing 26,384 square feet of land, be the same more or less.
2. The above described property shall be annexed into the City of Dover with a zoning classification of RG-2 (General Residence) in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 11th day of December, 1990 at 12:01 a.m. o’clock.
ADOPTED: December 10, 1990
ANNEXATION REFERENDUM RESULTS - GIRL SCOUT LANE/SOUTH LITTLE CREEK ROAD
The City Clerk reported that an annexation referendum was held on November 29, 1990 for properties located on Girl Scout Lane and South Little Creek Road. Four votes were cast in favor of annexation with no other votes cast.
Mr. Lynn moved for acceptance of the results of the annexation referendum, seconded by Mr. Daisey and unanimously carried.
By motion of Mr. Lynn, seconded by Mr. Hall, Council adopted the following resolution by a unanimous roll call vote:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
Referendum #2
BEGINNING at a point of intersection of the westerly line of Girl Scout Lane and the northerly line of North Little Creek Road, then with the northerly line of North Little Creek Road in a westerly direction north 80 degrees 45 minutes west a distance of 399.18 feet to a point, then with lands now or formerly of Harold E. Haines, north 24 degrees 38 minutes 32 seconds west, 271.01 feet to a point, then with lands of the City of Dover north 65 degrees 1 minute 34 seconds east a distance of 271.54 feet to a point, then along a line separating lands of the City of Dover on the west and lands of David L. and Mary N. Miller on the east north 20 degrees 30 minutes west approximately 153.40 to a corner for lands of the City of Dover, then with lands of the City of Dover north 81 degrees 35 minutes east 215.91 feet to the west line of Girl Scout Lane, then with the west line of Girl Scout Lane a distance of 614.96 feet to the northerly line of North Little Creek Road, and containing 4.2267 acres of land more or less.
2. The above described property shall be annexed into the City of Dover with a zoning classification of R-8 (Single Family Residence) in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 11th day of December, 1990 at 12:01 a.m. o’clock.
ADOPTED: December 10, 1990
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on November 27, 1990 with Chairman Weyandt presiding.
Proposed Text Amendment - Group Homes and Halfway Houses
The committee reviewed a draft text amendment concerning group homes and halfway houses. The change would allow group homes and halfway houses as conditional uses in all residential districts, except the Mobile Home Park District. The Planning Office believes that a deficiency currently exists in the City’s Zoning Ordinance regarding group homes and halfway houses and this amendment would give the City a procedure on how to proceed with the establishment of such facilities.
Explaining the definition of “Group Homes”, Mr. Cregar stated that it is a community based residential dwelling for at least five (5) but not more than ten (10) unrelated persons who live together and function as a single housekeeping unit using certain rooms and housekeeping facilities in common.
The committee expressed concern with conflicting language in the amendment where in one case it states “professional staff may be present” and in another case it states “professional staff shall be present”. It was recommended that all wording consistently read “shall be” present.
The committee recommended that a public hearing be set to consider approval of the text amendment, as amended by the committee.
Mr. Weyandt moved for approval of the committee’s recommendation, seconded by Mr. Lynn and carried with Mr. Christiansen voting no.
Mr. Weyandt moved that the public hearing be set for January 14, 1991 at 7:30 p.m., seconded by Mr. Salters and unanimously carried.
Proposed Text Amendment - IPM Zoning District
During their November 19, 1990 meeting, the Planning Commission recommended that Council approve an amendment to the IPM Zoning District. This amendment would permit associated retail use in conjunction with permitted uses. Such uses would be processed as Conditional Uses requiring review and approval by the Planning Commission. The amendment is not intended to establish another retail zone, but could provide a limited retail opportunity for manufacturing businesses. Mr. Cregar explained that the proposed amendment would require a public hearing and a text amendment by Council. Approval of the amendment would permit manufacturing operations to have some limited sales opportunity for products that are associated with their manufacturing businesses.
The committee recommended that a public hearing be set to consider approval of the text amendment.
Mr. Weyandt stated that he has no concern with the amendment, provided that the retailer sell only products which they manufacture.
Mr. Weyandt moved for approval of the committee’s recommendation and that a public hearing be set for January 14, 1991 at 7:30 p.m. The motion was seconded by Mr. Lynn and unanimously carried.
Information Systems Planning Study
The City has investigated upgrading the manner in which it processes its information, which will involve many phases. The initial phase (1) conducting a cursory evaluation of programs lead to the second phase (2) searching for and purchasing a computer. The purchase of the computer would be followed by phase (3) migrating essential programs to the new computer phase (4) conducting an Information Master Plan city-wide, and phase (5) implementing the plan. For the first four steps, in its current fiscal year, the City budgeted $175,000. The implementation of the plan, which involves analyzing specific functions/processes to determine application software specifications and carrying out the findings, will be budgeted in future years.
In August 1990, the Systems Planning Committee selected Systems & Computer Technology Corporation (SCT) to conduct the study at a cost of $64,946. This cost is based on 844 hours of labor at $70/hour and $5,866 for travel expense. The cost is a fixed cost unless the study takes less than the 844 hours in which case the cost to the City would decrease. The total cost of the first four steps is now $209,946. The cost is $34,946 more than the $175,000 budgeted; however, staff feels the difference could be found within the Data Processing Center Budget by not replacing a vacant Date Entry position and by postponing purchases of furniture and equipment.
The committee recommended that Council approve an expenditure of $64,946 for SCT to conduct an Information Systems Plan.
Responding to Mr. Weyandt’s questions on the accountability of the hours billed to the City, Mr. Worley stated that staff will closely monitor this by reviewing their itemized statements and observation of on-site hours worked.
Mr. Weyandt moved to approve an expenditure of $64,946 for SCT to conduct an Information Systems Plan seconded by Mr. Lynn and carried by a roll call vote of eight (8) yes, one (1) no (Mr. VanSant.)
Bid - Tree Trimming Truck
Staff solicited bids for a tree trimming truck, with the bid requesting a price for one unit and an optional price for two units, including hydraulic trimming equipment. Due to the deteriorating condition of our current units and extended delivery time, staff obtained bids for both units, with delivery to be made after July 1, 1991. After evaluating the three bids, it was determined that the low bid did not meet the specifications. The next lowest bid was received from Morse Manufacturing for $85,243 with a total for both vehicles of $166,694.
The Electric Department has agreed to pay the full price for one truck and pass the $3,792 savings of the second purchase directly to the Grounds Division. The hydraulic equipment included in the bid price is used extensively by the Electric Department; however, the Grounds Division would omit the equipment from its proposal and save an additional $2,939 from the bid price.
The committee recommended that Council approve the bid to Morse Manufacturing for the purchase of two trucks, one for the Electric Department in the amount of $88,182 (includes and additional hydraulic tool - $2,939); and one for the Grounds Division in the amount of $78, 512 for a total expenditure of $166,694.
Mr. Weyandt moved for approval of the committee’s recommendation, seconded by Mr. Lynn and carried by a unanimous roll call vote.
Annexation Policy - Time Limitations on Resubmission of Requests and Petition Process
Mr. Christiansen brought concerns before the committee on the current process of annexations. Feeling that a policy for annexations should be implements, Mr. Christiansen offered suggestions for committee review on time limitations for resubmission of annexation requests and a petition process.
Staff was concerned that Council would be restricted from flexibility should they implement an Annexation Policy, further stating that Council currently has full control on the process of filing and final results of annexation. Staff felt that it would be more practical to continue on a case by case basis.
The committee took no further action.
Proposed “No Smoking” Ordinance
Staff was instructed to revise the proposed “no-smoking” ordinance to be similar to Wilmington’s ordinance. This revision would expand the no-smoking restriction for existing restaurants to all other businesses in the City of Dover. The City Solicitor ruled that the City has no legal authority to regulate smoking in State or County buildings; therefore, the ordinance would not apply.
Mr. Weyandt expressed concern with the language in the ordinance which reads that “all businesses with twenty-five (25) employees at any one location”, stating that this should be further reviewed. He requested that the City Solicitor clarify the language in Section 6 - “Places of Employment” where it refers to every place of employment.
Mr. Christiansen suggested that staff gather information from the City of Wilmington on the enforcement of the “no-smoking ordinance” in their City.
Mr. Daisey will meet with the Chamber of Commerce and report back to the Committee, and staff will contact the City of Wilmington and City Solicitor Rodriguez for further information.
The committee took no further action.
City Manager’s Report
The committee reviewed the City Manager’s Report, but took no action.
Mr. Weyandt moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Lynn and unanimously carried.
FIRST READING - PROPOSED ORDINANCES
The first reading was offered on the following proposed ordinances. Since they are zoning text amendments, requiring public hearings, the final readings will be considered after the public hearings on January 14, 1991.
Mr. Lynn moved that the first readings of the following ordi