REGULAR MEETING
July 9, 1979
The Regular Meeting of Council was held on July 9, 1979 at 7:30 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt and Carson. Mr. Bewick absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
MINUTES
The Minutes of the Regular Council Meeting of June 25, 1979 were unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Carey and bore the written approval of Vice-Mayor Muir.
UTILITY COMMITTEE REPORT
The Utility Committee met on July 2, 1979 with Chairman Bewick presiding.
Geoghegan Annexation Request - 237 Mifflin Road
In considering the annexation request for Robert Geoghegan for his property located at 237 Mifflin Road, it was the recommendation of the committee that Council set a date for an annexation referendum. It was noted by the committee that this property is contiguous to the City limits and that water and sewer is already available.
Mr. Witt moved that an annexation referendum be held on August 13, 1979, seconded by Mr. McDonough. By a unanimous vote, Mr. Bewick absent, Council approved the annexation referendum and adopted the following resolution.
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, a recent Amendment to the Charter of the City of Dover authorized the 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 bordering on the east side of Mifflin Road, bordered on three sides of the present City limits, and hereinafter more particularly described 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, and more particularly described and bounded herein be annexed to the City of Dover.
ALL that certain lot, piece or parcel of land contiguous to the boundary of The City of Dover, lying on the easterly side of Kent County Road #196, known as “Mifflin Road”, being lot #9 of an unrecorded plot of “Walker Mifflin Lots in East Dover Hundred”, the northwest corner of this lot being located 820' southerly from the division line between the whole Mifflin tract, and lands now or late of Mrs. Rowe von Pleasanton; having a frontage on Mifflin Road of 100', extending back along radially divergent lines, 198.87' on the north, 201.14' on the south, to a width of 116.99' along a 15' wide alley on the east.
Also, the right-of-way of Road #196 - - Mifflin Road - - 60' wide, as it extends from the intersection of the extended westerly line of Mifflin Road with the southerly line of Kent County Road #73 - - Hazlettville Road - - (being the present boundary of The City of Dover) in a northerly direction about 1,700' to its intersection with the extended division line between the whole Mifflin tract, and lands now or late of Mrs. Rowe von Pleasanton.
Containing a combined area of 2.84 acres of land (0.0044 square miles).
2. That an election be held on the 13th day of August, A.D. 1979, commencing at the hour of 1:00 P.M. in the City Hall Annex, The Plaza, Dover, Delaware for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover, as amended.
4. That this resolution be published in at least two issues f a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED JULY 9, 1979
Sewer Assessment Study- (Leipsic Road/Persimmon Tree Lane Area)
The committee considered the following proposed policy recommendation regarding front foot charges as recommended by the City Manager.
1. General
a. A fixed uniform rate of per foot of frontage on the street with the area assessed going back to a depth of 150' from the street line. This is per front foot on each side of the street and no area assessment is to be levied.
a. A separate assessment for each lot
b. No overlapping assessments
c. No consideration allowed for size, value or use of the land
d. No consideration for size or cost of the sewer line to be constructed.
2. Area of determination
a. No separate area assessment is made
b. The frontage assessment includes of the area back from the street line to a depth of 150'
c. At such time as other portions of the assessed lot are connected to the sewer main an entrance fee shall be determined by the City
3. Frontage determination
a. Assess all straight or curved frontages as shown on the Assessor maps or deeds on both sides of the street
4. Corner lots
a. If the sewer is installed in both streets the lot will be assessed on its longest side.
b. If the sewer is installed on one street the assessment will be on the lot frontage of that street for a depth of 150'
c. The frontage on a corner lot shall be measured along the lot line and to include one-half the arc if the intersection corner is rounded and if the intersection corner is not rounded to the point of intersection.
d. Provisions should be made at this point for special conditions to be considered by Council
5. Lots extending between two parallel streets with frontage on both streets
a. Where the distance between the streets is 300' or more, assess the total frontage to a depth of 150' on both streets
b. Where the distance between the two streets is less than 300' assess the longest frontage and corresponding area to a depth of one half the distance between the two streets
6. Beyond the end of the line - deadend manhole
a. Full frontage and area assessment for all lots the sewer can serve.
b. Where the property has not been divided into lots each case should be considered separately.
7. Manufacturing or commercial operations would be considered separately.
8. Sewers and easements or right-of-ways
a. Where a property subdivision plan has been recorded showing a street and lot lay out and where the sewer is installed in the center of a proposed street at the City’s expense, full assessments are to be levied.
9. Property exempt from assessment
a. City owned property
b. Right of ways or easements deeded to the City
c. Previously assessed property
10. Deferred assessments
a. Agricultural land - until developed
b. Assessments deferred by vote of Dover City Council
It was the recommendation of the committee that the proposed policy be adopted with a fixed uniform rate of $14.00 per front footage, effective July 1, 1979 through June 30, 1980, at which time the fixed uniform rate will be re-evaluated.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Carson.
Mr. Weyandt stated his objections to setting a fixed uniform rate for sewer assessments. He felt that this would be a disadvantage to persons living in an area where the sewer assessment could be lower. Considering past experience with sewer assessments, he also thought that $14.00 was a high average for front foot charges.
It was Mr. Weyandt’s opinion that if a person lives in an area where sewer installation is expensive, that person should be required to pay the higher front foot charge and vice versa.
Mr. Mogan stated that in reviewing the past sewer assessments, he felt that $14.00 would be a fair average and in keeping with inflation. He felt that having a set uniform rate would allow property owners to known in advance exactly what their costs would be prior to installation. The City Manager stated that varying cost factors such as depth and types of pipes should be averaged among all property owners rather than penalizing one area. This system allows all property owners to be treated fairly and consistently. It was Mr. Mogans feeling that sewer installation is beneficial to all residents regardless of where it is being installed.
Mr. Weyandt reiterated his feeling that if a property owner chooses to tap into the City sewer system, he should be required to pay a front footage on his property and not on an average of sewer installations throughout the City.
Mayor Legates reminded Council that once the sewer is laid, the property owners have no option but to tap in within one year.
The set uniform rate of $14.00 per front foot seemed high to Mr. McDonough and he stated that he could see no reason for changing the entire policy simply because residents from the Persimmon Tree Lane and Leipsic Road area had complaints in reference to their front foot charge.
Considering the fact that utilities must be provided at some time after annexation, Mr. Hardcastle wondered if the City shouldn’t be more particular when annexing properties that could be costly in the running of utilities. It was Mr. Hardcastle’s opinion that the fluctuating front foot charges should remain as is at the present time.
Mr. Hardcastle called for the question on the motion.
By a roll call vote of four (4) yes, three (3) no (Mr. McDonough, Mr. Weyandt and Mr. Hardcastle) and one (1) absent (Mr. Bewick) the motion to adopt the new policy recommendation regarding front foot charges for sewer mains was approved.
Mr. McDonough suggested that the City Solicitor investigate the legality of charging a uniform rate to all citizens.
Sewer and Water Fee Collection - Deposit Charges
The Committee considered the possibility of requiring deposits for sewer and water services. This matter was brought to the committee’s attention by area property owners and Councilman Weyandt.
Property owners complained because water bills are often mailed to the tenant and only if the tenant fails to pay the water bill is the property owner notified. By this time the tenant could have moved out of the house and the property owner is left with the bill. If the City required a water deposit, this problem would be eliminated for the landlord.
It was the recommendation of the committee that the current billing procedure for water and sewer be maintained and that no changes be instituted. It was the committee’s feeling that this problem could be handled by the property owner requiring a security deposit.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Witt.
Mr. Weyandt stated that with the current billing procedure, a property owner is not notified of a delinquent water bill until the bill is at least six months old. It was his opinion that a water deposit should be required from the tenant or that the City should read the water meter more often than the present policy of quarterly readings. He stated that deposits are required for electric service and felt that the same policy could be instituted for water services.
Mr. Witt stated that in his experience with rental property, the water and sewer bill is normally paid by the landlord which is recaptured through the rental fee.
Mr. Hardcastle stated that he had misunderstood the intent of the committee and requested that his motion be rescinded. He stated that as Chairman of the Whatcoat Apartments, he could understand Mr. Weyandt’s objections and felt that a water deposit would eliminate the majority of delinquent water bills.
Mr. Mogan reminded Council that a municipal lien can be placed against a property due to a delinquent water bill. However, water can not be cut off due to delinquency such as electric service can. He stated that the City recently lost a court case due to the fact that arrangements were made through the tenant. Because of this, he feels that all arrangements should be made through the property owner.
It was Mr. McDonough’s opinion that requiring a water deposit from the tenant would simply be shifting the responsibility of water bills from the property owner to the City of Dover. Since water can not be cut off the way electric service can, the City would have no way to control delinquency through a tenant.
Mr. Witt stated that the property owner should require a large enough security deposit to cover any delinquency accounts once the tenant moves out.
Mr. Weyandt stated that the City of Dover is making the money on the water service and could not understand why the property owner should be required to handle the collections of this service.
Mr. Witt moved that the matter be referred back to the committee for further discussion. The motion was seconded by Mr. Weyandt and carried with Mr. McDonough and Mr. Carson voting no (Mr. Bewick absent).
Heite Annexation Request
The committee recommended that Council set a date for annexation referendum for consideration of annexation of the Heite lands into the City of Dover.
Mr. Mogan explained that the drainage problems in this area have been resolved to the satisfaction of the City Engineer, therefore, staff recommended approval of the annexation request.
Mr. Witt moved that an annexation referendum be held on August 13, 1979, seconded by Mr. Carey. By a unanimous vote (Mr. Bewick absent) Council approved the annexation referendum and adopted the following resolution.
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, a recent Amendment to the Charter of the City of Dover authorized the 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 bordering on the south side of the Hartly Road and north of the present City limits, and hereinafter more particularly described 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, and more particularly described and bounded herein be annexed to the City of Dover.
ALL that certain lot, piece of parcel of land contiguous to the boundary of The City of Dover, lying on the southerly side of Delaware Route #8, known in part as Forrest Street, and as Hartly Road, being all of lots #54, 55, 56, 33, and 68, and portions of lots #57 and 34 of a plot of “Country Club Estates’, of record in the Office of Recorder of Deeds for Kent County in Deed Record Book L, Volume 13, Page 408; having a frontage on Hartly Road of 180', and extending back southerly along a broken line on the east, about 1170.48' to line of lands now or late of Walker Mifflin (being the present boundary of The City of Dover; thence, with said Mifflin line, westerly about 697.56' to line of lands now or late of M.O. Robinson; thence, with said Robinson line, northerly about 796.18' to other lots of said Country Club Estates; thence, with said other Country Club Estates lots, easterly about 507' to the westerly line of this parcel; thence, with said westerly line, northerly about 455.5' to the southerly line of Hartly Road.
Also, the right-of-way of Delaware Route #8 - - Hartly Road - - 60' wide, as it extends from the present boundary of The City of Dover at the intersection of Hartly Road and Saulsbury Road, in a westerly direction about 7280' to its intersection with the present boundary of The City of Dover, being the extended division line between lands now or late of Robino-Ladd Co. (Smith tract, former Elmer Lee Farm) and lands now or late of Jane Massey Draper.
Containing a combined area of 23.89 acres of land, more or less. (0.037 square miles).
2. That an election be held on the 13th day of August, A.D. 1979, commencing at the hour of 1:00 p.m. in the City Hall Annex, The Plaza, Dover, Delaware for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover, as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED JULY 9, 1979
Budget Billing - All Classifications of Electric Sales
It was the recommendation of the committee that all classifications of electric service be permitted to apply for budget billing arrangements.
Mr. Carey moved for the recommendation of the committee, seconded by Mr. McDonough.
In response to a question by Mr. Witt, Mr. Mogan stated that he did not feel that this change would be detrimental to the cash flow. It was the City Manager’s hope that the new policy would even improve the cash flow in that it would get customers on a regular budget.
The motion was unanimously carried to allow budget billing for all classifications of electric service.
Rate Study - Middle West
In considering the initiation of a rate study by Middle West, it was the recommendation of the committee that Mr. Mogan be authorized to initiate the study.
Mr. Mogan explained that he would like to hire Middle West to do a cost of service on classes of our electric customers and also do an evaluation of our electric rates.
In response to a question by Mr. Hardcastle, Mr. Mogan stated that the last rate study was conducted back in the early 1970's.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried with Mr. Bewick absent.
Mr. Witt moved for acceptance of the Utility Committee Report as presented, seconded by Mr. Carey and unanimously carried, with Mr. Bewick absent.
PUBLIC HEARING - REZONING PROPERTY LOCATED ON THE SOUTH SIDE OF JEFFERIC BOULEVARD AT US ROUTE #13 - JEFFERIC ENTERPRISES, INC.
A public hearing was duly advertised for this time and place to consider the rezoning of property located on the south side of Jefferic Boulevard, at U.S. #13, owned by Jefferic Enterprises, Inc., for the purpose of zoning the entire parcel in one category to conform with the adjacent property. Mayor Legates declared the hearing open.
It was the recommendation of the Planning Commission that since this meeting was advertised as a public hearing, testimony should be taken from anyone wishing to speak for or against the rezoning but that action be tabled until after an opinion has been received from the City Solicitor regarding questions from the Planning Commission.
Mrs. Catherine Lewis of Draper Drive asked Mr. Saxton what Jefferic Enterprises is planning to do with the rezoned parcel of land. Mr. Saxton replied that no particular reason has been established at present, however, Councilman Weyandt informed Mrs. Lewis that prior to initiating any construction in the newly zoned area, it would require Planning Commission approval. Area residents would have an opportunity to voice their objections to the Planning Commission at that time.
Mr. Saxton explained that the requested C-4 zoning is the most liberal commercial zoning classification the City has.
Mr. Harry Lewis of Draper Drive was present to voice his objections to rezoning this parcel of land to a commercial zone.
Mayor Legates declared the hearing closed.
Mr. Witt moved that the matter be tabled, referred back to the Planning Commission and that a new public hearing date be advertised. The motion was seconded by Mr. Hardcastle and unanimously carried with Mr. Bewick absent.
PUBLIC HEARING - REZONING - INTERSECTION OF FOREST & LINCOLN STREETS - MEDFORD
A public hearing was duly advertised for this time and place to consider a request by the Planning Commission to rezone property located at the intersection of Forest and Lincoln Streets (old Bolan Motors site) owned by William and Paula Medford. Mayor Legates declared the hearing open.
There was no one present to speak for or against the rezoning request.
Mr. Hardcastle reported favorable response from area residents.
Mr. Weyandt moved for approval of the rezoning request, seconded by Mr. McDonough and by a unanimous roll call vote (Mr. Bewick absent) 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 THE LAND LOCATED AT THE INTERSECTION OF FOREST & LINCOLN STREETS.
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 M to C-3.
NOW, THEREFORE, BE IT RESOLVED 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 on property located at Forest and Lincoln Street (old Bacon Motors site), owned by William and Paula Medford, from M to C-3.
ADOPTED JULY 9, 1979
FINANCIAL REPORT - POLICE DEPARTMENT AUTHORIZED STRENGTH - MOTORCYCLE GRANT
Council, in their meeting of June 25, 1979, deferred action on a request by Chief Klenoski to apply for a new grant that would provide one car and two motorcycles and the salary of one additional man, over a three year period, until such time as a thorough study could be made of the matter and a financial report submitted to Council.
Chief Klenoski and City Manager Mogan submitted a financial impact report regarding the request, as follows:
Requested: 1. 1979 authorized strength = 53 (budgeted)
2. Add 2 men = 2 (not budgeted)
3. Add 1 motorcycle man = 1 (paid 100% under new grant)
56 new authorized strength
Cost Impact:
1. Approved 1980 Budget is for 53 men. This includes the four (4) motorcycle patrolmen authorized under a three year grant in October 1976. This grant expires in October 1979 and $42,600 is budgeted for the remaining nine months of fiscal 1980.
2. By adding two (2) additional patrolmen to the authorized strength would impact the 1980 budget by $28,400. This amount is not budgeted. This authorization would only bring the Police Department back-up to it’s original 1976 authorized strength.
3. By accepting the new Federal Grant and adding one additional man, two new motorcycles and one new car for a three year period, there is no cost impact to the Police Budget for three years. After the three years the City would then be expected to pick-up this one man’s salary.
Mr. McDonough moved for acknowledgment of the cost impact report as submitted by the City Manager and Chief of Police, seconded by Mr. Weyandt.
Mr. Witt moved to amend the motion to approve the request as stated in the cost impact report. The motion failed for lack of a second.
The motion to acknowledge receipt of the Financial Impact Report was unanimously approved (Mr. Bewick absent).
In response to a question by Mr. Hardcastle, Chief Klenoski replied that he still has time to apply for the grant should Council approved the grant tonight.
Mr. Hardcastle moved that the Chief of Police’s request be granted for a new authorized strength of 56 men and that he be permitted to apply for the federal grant. The motion was seconded by Mr. Muir.
Mr. Hardcastle reported that since the last Council meeting, he had comments from many citizens stating that they were in favor of the City’s motorcycle unit and requested that Council support the request for the new federal grant.
Many citizens stated that they felt the Police Department was doing an extremely good job and requested that Council grant Chief Klenoski’s request.
It was Mr. McDonough’s opinion, that in the City’s present financial condition, we are in no position to hire additional policemen and could not justify the Chief’s request with the intentions of the City picking up the salary of these men after the grant has run out. Mr. McDonough reminded Council that by denying this request, we would not be taking away any police protection for the citizens, we would just not be adding to the present personnel strength since the present strength seems sufficient.
Mr. Carson stated no objections to Chief Klenoski’s request but spoke to the original motorcycle grant which was especially for the purpose of patrolling U.S. Route #13 and #113. It was his feeling that since these are United States routes, the state police should at least assist in patrolling these United States highways. He stated that these highways are owned by the State of Delaware, funded by the federal government and are maintained by the State.
Mayor Legates reported that many other cities are attempting to establish a motorcycle because of the success of our City’s units and the success with the motorcycle accident rate and personal injury rate.
Mr. McDonough stated that the new federal grant will incorporate the salary of one new policeman. The grant will expire in three years at which time the City will be expected to pick up the salary of this man. He warned Council this type of free federal grant will eventually cost the City of Dover money. Mr. McDonough stated that the City is trying to take advantage of the grant because it is free and that the additional personnel is really not needed at this time.
Mr. Weyandt reported that although this grant will eventually cost the City of Dover money, he felt that the citizens of Dover truly wanted the additional police protection and the motorcycle unit. Since the last Council meeting when this was first introduced, Mr. Weyandt has received several calls from citizens supporting Chief Klenoski’s request. Since it seems to be the wishes of the public to support this request, Mr. Weyandt decided to vote affirmatively. However, Mr. Weyandt stated that these same citizens should be prepared when the City needs an increase in the budget to pay for the request.
Mr. McDonough expressed concern that Council seems to think that just because the money is budgeted makes it less of an expenditure and this is not the case. Council is still spending City monies regardless as to whether it is budgeted or not.
Chief Klenoski stated that the City has grown in the last three years and the Police Department has decreased in strength. His request would return the authorized strength to what it was in 1976, plus one additional man which would be covered by the new grant for a total strength of 56.
It was Mr. Muir’s opinion that the City would be making a very grave mistake if they hindered the Police Department from growing in strength when the City is growing in size.
Mr. Muir called for the question on the motion which was unanimously carried with Mr. McDonough voting no.
By a roll call vote of six (6) yes, one (1) no (Mr. McDonough) and one (1) absent (Mr. Bewick), the motion to approve the Chief’s request for a new authorized strength of 56 men and to authorize him to apply for the new federal grant was carried.
REPORT ON POWER PLANT BREAKDOWN PROBLEM
The City Manager stated that this item was placed on the agenda mainly by request of Councilman Weyandt for the purpose of discussing recent failures at the Power Plant.
Mr. Weyandt stated that since October 1978 to the present time, unit #3 has cost the City of Dover, $141,000 with just two failures. He stated that with the number of repairs being done to Unite #3, it appears that the inspections are not being conducted properly. We also had boiler repairs and turban repairs which were $205,000 for a total of $346,000 to keep this piece of equipment running. This does not take into account the amount of revenue lost because the equipment was not generating. If we were to add $360,000 worth of bad wells that were drilled at McKee Run to the total repair bill of $346,000 we would have an expenditure of $706,000 of monies spent at the Power Plant. He realizes that a certain amount of money should be set aside for normal maintenance, however, he feels that the recent repair bills have far exceeded normal maintenance.
In response to a question by Mr. Weyandt, Mr. Mogan stated that ordinary life expectancy on a unit such as #3 is 33 1/3 years.
Mr. Schucker stated that the City lost approximately three moths of use on unit #3 while it was shut down but six weeks of that was scheduled down time for an overhaul.
In replying to a question by Mr. Weyandt, Mr. Schucker stated that by eliminating the normal shut down period of unit #3, we lost approximately $50,000 to $60,000 per month due to the unit being out of operation.
He stated that all inspection and repair work, up until a year ago, was done by Westinghouse personnel for the two small units and the new unit was taken care of by General Electric personnel. East Coast Management is doing all of our repair work now since they are less expensive. Mr. Schucker concurred with Mr. Weyandt’s statement that even though a unit goes bad when it has been inspected, and something was missed in the inspection, it is still the City’s liability.
Mr. Weyandt stated that he hoped that the repairs will be less frequent in the future and that any mistakes that we have come across in the past can be avoided if we attempt to build a new plant.
REPORT ON LOOCKERMAN STREET
In trying to explain the stoppage of work on Loockerman Street, the City Manager stated that the Loockerman Street project is dependent on federal funds and that the funds are released on a percentage completion basis.
A report for the 40% completion was not in on time due to the vacation of the report writer. The report was not submitted until 20 days later. With the late report and with the closing of the fiscal year books, the contractor’s funds were delayed. Mr. Mogan stated that allegedly there was a rumor going around Loockerman Street that the funds would be delayed for three to six months. He expressed concern over rumors such as this but reported that the contractors did report back to work the following day.
Mr. Mogan stated that the sidewalking is approximately 80% complete, the curbing is about 80% complete and the subgrade should be completed within the week. The base court paving should be started by the end of this week. He stated that the City is still hoping for the August 1st completion date.
SILVER LAKE CONDITIONS
Mr. Mogan regretfully stated that the results of tests taken last week have not come in. He assured Council that he is giving this his utmost consideration and as soon as the results are favorable, the lake will be open.
Mr. Hardcastle questioned whether the City had given any serious consideration to draining the lake for investigation of the cause of pollution.
Mr. Mogan replied that the City does have the State Environmental Protection Agency working with us very closely on this problem. He assured Council that every possibility is being considered and even the soil condition is under consideration.
REZONING REQUEST - 846 & 860 S. STATE STREET - DR. ROBERT KIDD, III
A request was received from Dr. Robert Kidd, III to rezone property located at 846 and 860 South State Street. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. McDonough, seconded by Mr. Hardcastle, Council unanimously adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located at 846 & 860 South State Street are presently zoned for RG-1 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance 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 a public hearing be held in City Hall on August 13, 1979 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to RG-0 that property located at 846 & 860 South State Street, owned by Dr. Robert Kidd III.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JULY 9, 1979
REZONING REQUEST - LOTS #7 - #9 SPRUANCE ROAD - LASCO DEVELOPMENT COMPANY, INC.
A request was received from LasCo Development Company, Inc. to rezone property located at lots #7 - #9 Spruance Road. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
Mr. Witt informed Council that when the property owner brought these properties, he was informed that they were already zoned RG-1. The owner has started construction on three of the lots and has received construction funds for the other three lots. Since the property owner was informed of the wrong zoning on this property, Mr. Witt requested that everything possible be done to expedite this rezoning request.
Mayor Legates stated that according to Delaware Code, all rezonings must be advertised at least fifteen (15) days prior to the public hearing date, therefore the earliest date possible would August 15, 1979.
By motion of Mr. McDonough, seconded by Mr. Weyandt, Council unanimously adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF THE SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located at lots #7 - #9 Spruance Road are presently zoned for R-7 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance 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 a public hearing be held in City Hall on August 13, 1979 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from R-7 to RG-1 that property located at lots #7 - #9 Spruance Road, owned by LasCo Development Company, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JULY 9, 1979
MEETING ADJOURNED AT 9:05 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of July 9, 1979, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
July 16, 1979
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