REGULAR COUNCIL MEETING
The Regular Council Meeting was held on November 12, 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. Fire Chief Whitham was absent.
The invocation was given by Reverend Jonathan Seda, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Lynn moved for approval of the agenda as submitted, seconded by Mr. Hall and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 22, 1990
The minutes of the Regular Council Meeting of October 22, 1990 were unanimously approved by motion of Mr. VanSant, seconded by Mr. Lynn and bore the written approval of Mayor Richter.
ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF NOVEMBER 5, 1990
The minutes of the Quarterly Open Town Meeting of November 5, 1990 were unanimously approved by motion of Mr. Lynn, seconded by Mr. Hall and unanimously carried.
PRESENTATION - AWARD OF FINANCIAL REPORTING ACHIEVEMENT
On behalf of Government Finance Officers Association, Mr. Christiansen presented Mike Karia with a Certificate of Achievement for Excellence in Financial Reporting plaque. This award is the highest form of recognition in governmental accounting and financial reporting and represents a significant accomplishment by a government and its management.
Mr. Karia recognized the efforts of his staff in preparing and completing the financial report, realizing that it is through team effort that the report is so successful. Mr. Karia expressed his appreciation to Mayor and Council for their assistance and confidence in the Finance Department.
PROCLAMATION - NATIONAL CRITICAL CARE AWARENESS WEEK
The following Proclamation was issued by Mayor Richter and was presented to Barbara Robbins on behalf of the First State Chapter of the American Association of Critical Care Nurses:
WHEREAS, the American Association of Critical Care Nurses (AACN) is the national professional organization representing thousands of nurses; and
WHEREAS, the First State Chapter of the AACN, representing the Critical Care Nurses in the State of Delaware, has been in existence for two years and has over 60 members; and
WHEREAS, National Critical Care Awareness Week is an opportunity for critical care professionals to teach, discuss, and enlighten the public about critical care and the vital role that the critical care team plays in the care, support, and recovery of the critically ill.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim November 12 - 18, 1990 as NATIONAL CRITICAL CARE AWARENESS WEEK in the City of Dover, in recognition of the professional and devoted service of critical care nurses.
Referring to a shortage of nurses and the very important role they play in our lives, Mr. Levitt urged young people to consider a career in the nursing field.
PROPOSED RESOLUTION - CREATION OF ELECTION BOARD
By motion of Mr. VanSant, seconded by Mr. Weyandt, Council adopted the following Resolution by a unanimous roll call vote:
WHEREAS, the Mayor and Council wish to establish a City of Dover Election Board to assist them in matters relating to voter registration and municipal elections; and
WHEREAS, creation of such an Election Board will permit a non-elected body to oversee the municipal elections as well as serve as an advisory board to Council on such matters as voter registration drives, special voter registration days and locations, election rules and regulations, and a polling location for City elections.
NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF DOVER HEREBY FORMALLY ESTABLISH A CITY OF DOVER ELECTION BOARD, WHICH SHALL:
1. Be advisory in nature to City Council on matters related to voter registration and municipal elections.
2. Consist of five (5) members, serving three (3) year terms, to be appointed at adoption of this Resolution and thereafter at City Council's Annual Meeting, or as necessary to fill vacancies as they occur.
3. Be a citizen of the United States, a registered voter within the City, and have resided within the geographical boundaries of the City for one year preceding the appointment. The Mayor and members of Council, their parents, spouse, or children, shall not be eligible for appointment to the Election Board.
4. Be appointed by the Mayor and confirmed by Council, with one member being appointed from each district into which the City has been divided for election purposes, and one member being appointed on an at-large basis, with the City Alderman serving as a liaison member of the Board, as follows:
First District - Robert W. Lambert - 5/91
Second District - Carlton Hutchins - 5/92
Third District - William H. Willis - 5/91
Fourth District - Beulah M. Gray - 5/92
At-Large - William T. Garfinkel - 5/93
City Alderman - Debrah J. Boaman - As appointed
(Liaison Member) by Council
5. Serve without salary, but shall be paid a per diem allowance as specified by City ordinances.
ADOPTED: November 12, 1990
PUBLIC HEARING - REZONING - NORTH SIDE OF JASON STREET - HATTIE MISHOE AND LUNA I. MISHOE ESTATE
A public hearing was duly advertised for this time and place to consider rezoning of property located on the north side of Jason Street, at the intersection of Jason and Grove Streets, owned by Hattie Mishoe and Luna I. Mishoe Estate.
Planner's Review
The City Planner reported that the Planning Commission, by a vote of seven (7) to (1) one, recommended that the rezoning request be denied. In making this recommendation the Planning Commission considered several points, as follows:
The existing land uses in the area included lands zoned General Industrial, Single Family Residential, and Residential Mobile Home in Kent County. Situated between the two parcels requested for rezoning is Mishoe Towers, a medium density residential multiple occupancy structure zoned RG-5 in the City. South of Mishoe Towers are several closely placed mobile homes and site built homes.
The Comprehensive Plan recommends that this area be utilized for medium density residential uses.
In making their recommendation for denial of the rezoning request, the Planning Commission also took into consideration the following:
a) The request to rezone approximately 1.949+/- acres does not meet the minimum lot area of five acres for an R-C establishment. Even the additional land north of the site, also owned by the Mishoe Estate, which is approximately 1.5 acres and not in the City, if added to the total area would not meet the five acre minimum.
b) A portion of the lands west of Mishoe Towers was originally planned to be used as a parking area for the residential apartments. This plan was reviewed and conditionally approved by the Planning Commission. Rezoning as requested changes the conditions of Site Plan Approval granted by the Commission.
c) The R-C zoning would be contrary to the Comprehensive Plan recommended use of medium density residential land uses for this portion of the City.
d) As the Commission has discussed with similar requests where commercial abuts residential zoning, the two zoning categories can invite incongruous land development patterns which often results in human conflict and enforcement problems. The Commission believes that the zoning request and the conceptual plan submitted, propose a land development project which produces a conflict between commercial development and residential development.
e) The Commission believes that the use of recreational vehicles along Mishoe Street and Jason Street, traveling through residential areas represents a threat to the public's safety and convenience, and would conflict with the orderly development or re-development of this area.
f) Finally, the Commission sees a rezoning of this type and the proposed use to be contrary to good planning principles and practices and would make denial of similar requests in the future more difficult.
Correspondence
The City Clerk reported that no correspondence was received on the proposed rezoning.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. Luna Mishoe, son of Hattie Mishoe and the late Luna I. Mishoe, addressed Council in support of the rezoning request. Mr. Mishoe explained that the City currently has no Recreational Vehicle Park designation in its City Code and suggested that Council take action to create such a zone in order to keep -up with the changing needs of our society. In light of the lack of such a zone, Mr. Mishoe was forced to select a zoning designation that would permit a recreational vehicle park. After making application for rezoning to R-C (Recreation and Commercial), he was informed that his request did not meet the minimum lot area of five acres for an R-C establishment. He stated that not only was he not informed of this at the time of application, but that the City has miscalculated the acreage. Mr. Mishoe stated that according to his calculations, there are more than 5 ½ acres if the lands located outside the City are included. He reminded Council that they have the prerogative to modify, change, review, and make exceptions to their zoning regulations.
Being a licensed professional planner himself, Mr. Mishoe stated that the surrounding land areas are compatible with the request. Mobile homes have always been utilized in this area and will continue to be utilized in this area. He stated that there will be no million dollar homes coming into this area due to the uniqueness of the area. Nearby property was utilized as a dump and disposal site with unknown substances now in the soil. In very close proximity, is the City's power plant and railroad tracks that are used by the rail service on a daily basis, contributing substantial noise and vibration to nearby homes.
Referring to the proposed recreational park, Mr. Mishoe stated that recreational activities such as tennis courts and swimming pools are a part of many housing developments and yet he is being forced to seek an R-C zoning category to have these features. These accessory uses will be utilized by the membership and their guests. The people in the community surrounding the proposed area are in favor of the rezoning and have signed a petition to this effect.
Referring to suggestions that the properties now located in the County be annexed into the City limits, Mr. Mishoe stated that although he is not adverse to annexation, he needs assurances that if annexed they will be allowed to proceed with the proposed project.
Alluding to concerns of traffic problems on Mishoe Street, Mr. Mishoe stated that this street was not intended to facilitate traffic from the park. Another road will be cut with a private entrance to the park.
Responding to questions of Council on the total acreage of the Mishoe lands, Mr. Mishoe stated that according to his records the parcels are: Area C is .8 acres (located in the County); L-shaped piece (located in the County) is 1.5 acres; the area where the hookups will be is 1.9 acres (located in the City); and the other parcel is 1.2 acres (located in the City). The total acreage is in excess of five acres, although some of the property is not in the City limits. (It is noted that the information available to the City Planning Department shows less than a total of five acres.)
Mr. VanSant stated that although Jason Street has never been fully extended, it is platted as a paved street with a 60' right-of-way. In order for this property to be deeded to the Mishoe family, it would be necessary for the City to abandon the unpaved portions of this roadway.
There was no one else present wishing to speak for or against the proposed rezoning.
Council President Christiansen declared the hearing closed.
Some members of Council felt that it would be impossible to make a decision on this rezoning with one-half of the property in the City and the other half located in the County.
Mr. Cregar reminded Council that their decision must be based upon the request for rezoning of the two parcels located within the City limits, which totals approximately 1.949+/- acres.
Responding to Mr. Lynn, Mr. Cregar stated that at this point, the County has not approved the proposed use for the County lands. Mr. Mishoe stated that City approval was their first step; their next step will be to seek the County's approval.
Mr. Lynn and Mr. Salters suggested that the Mishoes consider annexation of the parcels currently outside the City limits so that members of Council can consider rezoning of the lands in their entirety which appears to eliminate the problem of not meeting the five acre minimum. They noted, however, that there could be no guarantee that the property would be rezoned as requested.
Mr. VanSant moved for denial of the rezoning request based upon the recommendation of the Planning Commission, more specifically as outlined in items a, b, c, and e above. The motion was seconded by Mr. Weyandt.
Mr. Salters questioned the Planner on the ability of the owners to seek rezoning, once the other parcels are annexed, in the event this request is denied. Mr. Cregar stated that the Code states that reconsideration would be permitted if it has changed to such a degree that failure to reconsider would prevent proper planning and development of the area in question.
Mr. Weyandt called for the question on the motion. By a roll call vote of seven (7) yes, two (2) no (Mr. Hall and Mr. Daisey) the motion was carried and the rezoning request was denied.
A five minute recess was called.
FIRST READING - PROPOSED ORDINANCES
Mr. Lynn moved to waive the reading of the proposed ordinances and to accomplish the first reading by title only, seconded by Mr. VanSant and unanimously carried.
Mr. VanSant moved for acknowledgment of the first reading of the following ordinances, seconded by Mr. Lynn and unanimously carried:
A. Sec. 8 - Election Board
(Request to General Assembly for Charter Change)
B. Sec. 9 - Meetings of Mayor and Council - Generally
(Request to General Assembly for Charter Change)
C. Sec. 2-70(4)(5) - Compensation
D. Sec. 2-26 - Voter Registration - Requirements
E. Sec. 2-44 - Request for Ballot
F. Sec. 18-1 - Police Force Generally
G. Sec. 2-77 - Legislative and Finance Committee - Members
H. Sec. 2-87 - Safety Advisory Committee - Members
I. Sec. 2-157 - Parks and Recreation Committee - Members
J. Sec. 2-167 - Utility Committee - Members
K. Sec. 5-20 - Building Code Board of Appeals
L. Sec. 2-207 - Board of Trustees - Composition
M. Sec. 18-47 - Retirement Committee - Members Generally
N. Sec. 2-1 - Board of Revision and Appeals
O. City Code - Development Incentives
Council President Christiansen announced that final action on the above proposed ordinances will be considered during the Council Meeting of November 26, 1990. Copies of all proposed ordinances are available at the entrance of the Council Chambers and from the Office of the City Clerk.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on October 23, 1990 with Chairman Weyandt presiding.
Delaware State Education Association - Request to Purchase Land
As directed by the committee, staff has met with the attorney representing the Delaware State Education Association relative to their request to purchase City owned land located on the south side of E. Water Street. In lieu of selling the property, Council suggested a ten year lease and directed the City Solicitor to negotiate such a lease with DSEA. A draft lease was presented to the committee for review. The committee recommended approval of the lease.
Mr. Weyandt moved for approval of the lease, seconded by Mr. Lynn. By a unanimous roll call vote, Council approved the lease with DSEA (as on file in the Office of the City Clerk).
Presentation by Dr. Rhoades - Grant Proposal
Dr. Warren Rhodes, Professor of Psychology at Delaware State College, presented the committee a grant proposal entitled “Something Inside So Strong” for their consideration. The Dover Substance Abuse Advisory Board reviewed the proposal and recommended that it be presented to City Council for final approval. The proposal would seek federal funding to provide programming for high-risk youth that would serve 300 children in the Capital School District over the course of five years. The program is geared towards children in grades two through four that demonstrate characteristics known to put them at risk of becoming substance abusers. The programs would be administered out of Delaware State College; however, the College will be renting space in the basement of Calvary Baptist Church located on Route 8. Dr. Rhodes offered to write the grant proposal due to his expertise in writing grants and his current involvement in representing the State of Delaware as a grant reviewer for the Office of Substance Abuse Prevention.
The committee recommended approval of the grant proposal as submitted.
Mr. Weyandt moved for approval of the request for a grant proposal entitled “Something Inside So Strong” as recommended by the committee. The motion was seconded by Mr. Salters and unanimously carried.
Proposed Regulation - No Smoking Section in Restaurants
The Committee considered a proposal, submitted by Councilman Daisey, for the City of Dover to require restaurant owners to provide no-smoking areas for their patrons. The committee recommended that staff meet with the restaurant owners to obtain their opinions.
Staff submitted a proposal that would establish such a requirement based on a policy that the City of Wilmington maintains regarding no-smoking areas. After discussions with restaurant owners, it was determined that they support the policy; however, they feel that the policy would be discriminatory if not applied equally to all businesses, and requested that the policy be imposed on other businesses as well.
The committee recommended that the City Solicitor prepare an ordinance relative to no-smoking areas that would include all businesses and that Mr. Daisey be appointed to meet with other types of businesses that would be affected by the ordinance.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Salters.
Although he supports the rights of non-smokers, Mr. Hall voiced his objections, stating that matters such as this should not be handled by legislation. Agreeing, Mr. VanSant stated that smokers should be courteous enough not to smoke in areas that may be offensive to others and that courtesy cannot be legislated. Mr. VanSant also pointed out that such legislation could place a financial burden on small establishments that do not have the necessary space for segregated eating areas.
Responding to questions of enforcement procedures, Mr. Daisey stated that segregated eating areas for smokers/non-smokers could be a part of the licensing process. Enforcement of violations would be on a complaint-only basis. In answer to Mr. Levitt's concerns of smoke drifting from the smoking section into the non-smoking section, Mr. Daisey stated that the ordinance will require some sort of mechanism for eliminating the smoke.
On a call for the question on the motion by Mr. Weyandt, the motion was carried by a roll call vote of seven (7) yes, two (2) no (Mr. Hall and Mr. VanSant).
Request for Grant - Modern Maturity Center
Mr. Robert Bonniwell, of the Modern Maturity Center, Inc., submitted a letter requesting a donation in the amount of $25,000 to be used toward the construction cost of the new facility at 1121 Forrest Avenue. The committee was advised that construction of the new facility has been completed and that it is necessary for the Center to raise approximately $500,000 more to pay for the total cost of $2.4 million. Mr. Bonniwell stated that the City of Dover received over $17,000 in permit and impact fees for the construction of the new facility. Since the City of Dover was unable to assist the Center during the 20th Anniversary Campaign due to budget restrictions, Mr. Bonniwell requested that the City consider the Center at this time. He advised members that the Center received a donation in the amount of $25,000 from Kent County Levy Court.
The committee recommended that the request for a donation in the amount of $25,000 be referred to staff for consideration during the budget process.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Hall and unanimously carried.
Community Grant Fund
During the past several months, the committee has considered establishing a community grants program for the City of Dover, to accommodate requests for “grants” from local community organizations.
Staff prepared a set of suggested guidelines for an internal community grant fund program for the committee's review. If the guidelines are accepted, staff will proceed to develop a community grant fund ordinance, application forms and a fact sheet for distribution.
Mr. Lynn relayed his concerns with the minimum of $1,000 for an award. It was his feeling that there could be requests for donations less than $1,000 that should be given consideration.
The committee recommended approval of the proposed guidelines for a community grant fund program, stipulating that the minimum of $1,000 for an award be stricken.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Hall and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Christiansen).
Holiday Schedule
Mr. Weyandt moved for approval of the following holiday schedule which applies to all employees, excluding the Police Association members. The motion was seconded by Mr. Salters and unanimously carried:
City of Dover - 1991 Holiday Schedule
New Year's Day January 1 Tuesday)
Martin Luther King, Jr.'s Birthday January 21 (Monday)
President's Day February 18 (Monday)
Good Friday March 29 (Friday)
Memorial Day May 27 (Monday)
Independence Day July 4 (Thursday)
Labor Day September 2 (Monday)
Columbus Day October 14 (Monday)
Veterans' Day November 11 (Monday)
Thanksgiving November 28 (Thursday)
Christmas December 25 (Wednesday)
Mr. Weyandt moved for approval of the following holiday schedule for the Police Negotiating Unit, seconded by Mr. Lynn and unanimously carried:
City of Dover - Negotiating Unit - 1991 Holiday Schedule
New Year's Day January 1 (Tuesday)
Lincoln's Birthday February 4 (Monday)
Washington's Birthday February 18 (Monday)
Good Friday March 29 (Friday)
Memorial Day May 27 (Monday)
Independence Day July 4 (Thursday)
Labor Day September 2 (Monday)
Columbus Day October 14 (Monday)
Veterans' Day November 11 (Monday)
Thanksgiving November 28 (Thursday)
Christmas December 25 (Wednesday)
Council Meeting Holiday Schedule
In order to provide a permanent meeting schedule for citizens, members of Council, staff, and the press, staff recommended that a policy be adopted that would automatically reschedule all Council Meetings that fall on legal holidays to the next Tuesday.
The committee recommended acceptance of staff's recommendation, with the following meetings to be effected:
Memorial Day - May 27, 1991
Columbus Day - October 14, 1991
Veteran's Day - November 11, 1991
Mr. Weyandt moved that 1991 Council Meetings that fall on a legal holiday (Memorial Day, Columbus Day and Veteran's Day) be rescheduled to the next Tuesday. The motion was seconded by Mr. Lynn and unanimously carried.
December 24, 1990 Council Meeting
Due to the Christmas holiday, Mr. Weyandt moved that the December 24, 1990 Council Meeting be canceled, to be rescheduled only if the need arises. The motion was seconded by Mr. Lynn and unanimously carried.
Quarterly Uncollectibles Report - Electric
The committee recommended that $16,271.85 in electric fees be written off. Mr. Weyandt moved to authorize that $16,271.85 in electric fees be written off. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.
Noting that the uncollectible amounts of the bills are less than the required deposits, Mr. Weyandt moved that the Utility Committee consider an increase in electric deposits. The motion was seconded by Mr. Lynn and unanimously carried. Mr. VanSant noted that this item will be considered by the Utility Committee after the first of the year, since he is working on other possible solutions to this problem that can be considered at the same time.
Quarterly Uncollectibles Report - Ambulance
The list of uncollectible ambulance bills were submitted for the committee's review. It was noted that the write-offs are due to the acceptance of Medicaid patients, Medicaid denials, and those that are deceased with no estate.
The committee recommended that $11,779.53 in ambulance fees be written off.
Mr. Weyandt moved to