.A'.GISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met on November 27, 1990, at 7:00 p.m. with Chairman Weyandt presiding. Members present were Councilmen Lynn and Hall all(] Mr. Leary. Other members of Council present were Mr. Daisey. Mr. Salters and Council President. Christiansen.

AGENDA ADDITIONS/DELETIONS

Mr. Worley requested the deletion of Item #3, Privatizat.ion of the Automotive Shop, for clarification from Ryder/Management Logistics Systems concerning pension contributions. Mr. Lynn moved to accept the agenda as amended, seconded by Mr. Hall and unanimously carried.

PROPOSED TEXT AMENDMENTS

Gruu~Homes_and Ha_l fway Ho,use_ s_

Mr. Cregar submitted draft amendments concerning Group Homes and Halfway Houses, stating that 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 Home", 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. Mr. Cregar stated that as the ordinance reads, professional staff who provide care and assistance to the residents of such a home may be present on a 24 hour a day basis or as is necessary.

The Planning Department: is requiring that the outside structure not be changed to look different than a surrounding home.

Mr. Lynn expressed concern with the language in the amendments which states, that, "professional staff. in a group home, may bepresent on a 24 hour a day basis or as is necessary"; and Halfway Houses sha1 he supervised and managed on a 24 hour a day basis". Mr. Lynn felt that the language should be consistent in both amendments. feeling that the Group Homes amendment should he changed to read "shall be" when addressing the supervision in a group home. Mr. Weyandt and Mr. Hall also expressed their concern with the language in the amendments and concurred with Mr. Lynn's suggestion that the amendment be changed when referring to supervision of staff in a group home. Mr. Hall stated that Council has an obligation to the citizens in the residential areas to mandate supervision at all times.

Responding to Mr. Christiansen, Mr. Cregar stated that a group home and/or halfway house will be treated no differently than a single resident dwelling which are permitted up to two square feet for a sign on the property. Mr. Cregar also stated that the conditional use requirement would protect against organizations purchasing homes in close proximity of each other.

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Mr. Hall moved to recommend. that a public hearing be set to consider acceptance of the Group Homes and Halfway Houses text amendments as amended, seconded by Mr. Lynn and unanimously carried. (Recommended public hearing date - January 14, 1991)

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 amid approval by the Planning Commission.

The Committee was provided with a letter of support from Mr. Joseph Fox, Vice Presir t is of Emory Hill. developers. owners. and builders of Enterprise Park. Mr. Fox fait chat the amendment would attract more businesses to the IPM district because it would allow manufacturers and wholesalers to conduct a limited amount of retail sales at their primary place of business rather than being forced to acquire or lease separate space in a commercial district.

Mr. Weyan&t stated that he has no concern with this amendment, provided that the retailer sell only products which they manufacture.

Mr. Cregar stated that this amendment is not intended to establish another retail zone, but could provide a limited retail opportunity for manufacturing businesses. He explained to the committee that the proposed amendment would require a public hearing and a text amendment by Council.

Mr. Lynn moved to recommend that a public hearing be set to consider acceptance of the IPM Zoning District amendment, seconded by Mr. Hall and unanimously carried. (Recommended public hearing date - January 14, 1991)

INFORMATION SYSTEMS PLANNING STUDY

in January 1990, the City of Dover began to investigate upgrading the manner in which the City processes its information. As the investigation into this area progressed. the process involved 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 (=1) 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 (SCI) to conduct the study at a cost of $64,946. This cost is based on 8 =1 hours of labor at 370/hour and $5,566 for travel expense. The cost is a fixed cost unless the study lakes 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 it vacant Data Entry position and by postponing purchases of furniture and equipment

Mr. Worley stated that. the AS/400 has been purchased and migration is currently in the Process. Referring to step #3, he stated that the development of it plan, would give staff a path to follow to develop the types of programs needed for each department.

Mr. Riisen, representing SCT. estimated that as soon as the study is complete, it will take approximately one year (depending upon the software) to transfer the current information onto the new system. SCT's staff is capable of offering the City assistance in implementing our Master Plan once it is complete.

Mr. Lynn moved to recommend that Council approve an expenditure of 564.946 for SCT to conduct an Information Systems Plan, seconded by Mr. Hall and unanimously carried.

DI - - TREE TRIMMING TRUCK

On August 14, 1990, the Committee approved bidding of a replacement vehicle for truck #777. It was then realized that the Grounds Department Vehicle Replacement Schedule included the replacement of truck #556 in the 1991/1992 fiscal year. Due to the deteriorating condition and extended delivery time for these vehicles, staff obtained bids for both units, with delivery to he made after July 1, 1991.

In the hid proposal. staff requested a price for one unit and an optional price for twn units, including hydraulic trimming equipment.

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 585,213 with it total for both vehicles of $166.694.

The Electric Department has agreed to pay the fill price for one truck and pass t111$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 at' additional $2,939 from the bid price. It would also be advantageous to have identical trucks within the City for parts inventory and joint use between departments because the controls, tools. and operation would be interchangeable.

Mr. Lynn moved to recommend that Council approve the bid to Morse Manufacturing for the purchase of two trucks, one for the FUcct. is Department in the amount of 588, 1$2 (includes an additional hydraulic tool - $2,939); and one for the Grounds Division in the amount of $78,51.2 for it total expenditure of 5166.694. The motion was seconded by Mr. Leary and unanimously carried.

Mr. Worley explained that purchase orders will be processed this year; however, it wilI be paid out of next year's budget due to the date the trucks will be delivered.

ANNEXATION POLICY -Time Linurat! our, on Resubmission of Requests and Pet ition Process Mr. Christiansen brought concerns he fore the committee on the current process of annexations. Feel lug that a policy for annexations should be implemented. ,Mr. Christiansen offered the following recommendations for consideration:

1. That Council only consider requests from 709 of the properties in an affected area in the form of a notarized petition from area property owners. 17pon receipt of such it petition and subsequent verification of the authenticity of the signatures upon

that petition, Council could authorize City staff and the Planning Commission to address the request.

2. Recent complaints from residents of Mifflin Road and the Fox Hall Drive area indicate that a time period between annexation requests should be established, feeling that three years between requests would be reasonable. This would eliminate unnecessary expense and valuable staff man hours used on these annexation requests as well as the alleged "harassment" of property owners who do not feel it would be beneficial to reside within the City of Dover.

Referring to previous requests for annexation, Mr. Christiansen felt that staff and Council spend an enormous amount of time considering repeated requests in the same area and also felt that a time limit on filing should be mandated.

Mr. Weyandt suggested that a resident requesting annexation into the City be required to present a petition with a large percentage of signatures favoring the annexation rather than City staff performing the steps.

Mr. Worley stated that Council will be restricted in 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. It was Mr. Worley's opinion that it would be more practical to continue on a case by case basis.

Mr. Hall moved to recommend that. Mr. Christiansen's suggestions he referred to staff for further review and recommendations, seconded by Mr. Leary.

Mr. Salters questioned the motion, feeling that Mr. Worley has suggested that no change be made to the current process of annexation requests.

Responding, Mr. Worley reiterated that Council has the full control of a time limit. by recommending a referral to their committees when a request is received. Mr. Worley stated that each annexation request is in some way different which would make it difficult to follow or establish a policy: however, staff would direct focus in further research at the committee's pleasure.

Mr. Lynn stated that he agrees with Mr. Christiansen's concerns, although he did root fee] that a policy was needed since approval or denial of requests are made by Council.

After continued discussion, Mr. Hall withdrew his motion and Mr. Leary withdrew his second to the motion.

Mr. Christiansen reiterated that unless a majority of the property owners within a targeted area have requested annexation, then staff time should not be wasted by polling property owners that have already expressed opposition to annexation.

Mr. Salters expressed concern with placing a time limit on requests, feeling that Council would be restricted from taking action in situations where residents may have reversed their decision.

The Committee took no action.

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PROPOSED "NO SMOKING" ORDINANCE

During the October Committee meeting, staff was instructed to revise the proposed "no smoking" ordinance to be modelled after the Wilmington 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 suggested that the ordinance be presented to Council and that a public hearing be set for citizen input. prior to Council action.

Responding to Mr. Lynn, Mr. Daisey assured members that he will be meeting on the proposed ordinance with other businesses and industries for their review.

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 he further reviewed. Responding, Mr. Daisey clarified the language. explaining that many places are excluded. Mr. Weyandt 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 Wilmington on the enforcement of the "no smoking ordinance" in their City.

It was the consensus of those present that Mr. Daisey will meet with the Chamber of Commerce and report back to the Committee. and that staff will contact the City of Wilmington and City Solicitor Rodriguez for further information.

The Committee took no further action.

CITY MANAGER'S REPORT -- OCTOBER

At the September 25, 1990 committee meeting. Mr. Weyandt noted that the City Manager's monthly report is very resourceful and detailed and requested that it be a standing item on the committee's agenda for thorough review.

The committee reviewed the report and took no further action.

Mr. Lynn moved for adjournment, seconded by Mr. Hall and unanimously carried. Meeting adjourned at 3:06 p.m.

Respectfully submitted.

Francis R. Weyandt Cha i rman

FRW/dkh

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