REGULAR MEETING
April 8, 1974
The Regular Meeting of City Council was held on Monday, April 8, 1974, at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Biggs, Cullen, Hardcastle, Harris, Holpp, Legates, Muir and Walls.
MINUTES
The minutes of the regular meeting of City Council held on March 25, 1974, were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police Report for month of March was accepted.
Building Inspector and Fire Marshal Report for month of March was accepted.
City Planner Report for month of March was accepted.
City Alderman Report for month of March was accepted with fines in the amount of $944.00 remitted.
Cash Receipts, General Fund, for month of March was accepted.
Budget Report, General Fund, for month of March was accepted.
Cash Receipts, Electric Revenue Fund, for month of March was accepted.
Cash Receipts, Electric Improvement Fund, for month of March was accepted.
City Manager’s Report for month of March was accepted.
TRANSPORTATION SYSTEM
Mr. James reported that the buses for the transportation of the elderly would be delivered approximately April 15, 1974. It was the opinion of the Advisory Committee and the consultants that DAVE Systems be engaged to hire and train the necessary personnel to operate the bus system, which would include setting up a dispatch center and furnishing the proper uniforms. DAVE Systems would gradually phase out to the point that the transportation system became an independent functional department. On motion of Mr. Harris, seconded by Mr. Muir, Council by unanimous roll call vote approved a $16,374.00 contract with DAVE Systems, which would run to August 4, 1974.
HOLY CROSS - CONCERT ON THE GREEN
A request was received from Mrs. Carey to allow a group from Holy Cross to hold a concert on The Green on April 30, 1974, between the hours of 7:00 P.M. and 8:30 P.M. On motion of Mr. Harris, seconded by Mr. Muir, Council granted the request with a provisions that the activities be coordinated with the City Manager’s Office, Chief of Police and the Fire Marshal.
J. P. COURT #7 - MARCH REPORT
The monthly report for the month of March from J. P. Court #7 was received with a check in the amount of $7,738.45. Deferred payments due the City of Dover as of March 31, 1974, amounted to $31,467.05. On motion of Mr. Muir, seconded by Mr. Biggs, Council accepted the report as presented.
JASON HARMAN - WATER SERVICE
A request was received from Mr. Jason Harman for water service to his residence at 1222 South Governors Avenue. On motion of Mr. Hardcastle, seconded by Mr. Legates, Council accepted the recommendation of the Utility Committee that the City not extend water or sewer lines outside the City limits and denied the request.
CALVERY CHURCH OF THE NAZARENE - SEWER SERVICE
A request was received from the Calvery Church of the Nazarene, 1351 South Governors Avenue, to tap into the City sewer lines. Since this address is outside the City limits the Utility Committee recommended that Council adhere to policy and deny the request. On motion of Mr. Hardcastle, seconded by Mr. Muir, Council denied the request.
WATER SYSTEM ORDINANCE
On the recommendation of the Utility Committee and a motion by Mr. Walls, seconded by Mr. Legates, Council by unanimous roll call vote adopted the following ordinance on the City Water System.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 32 of the Dover City Code be and the same hereby is deleted in its entirety and a new Chapter 32 is hereby adopted which shall read as follows:
CHAPTER 32
WATER1
# 32-1. Definitions.
ARTICLE I. WATER DEPARTMENT
# 32-2. Water Department under authority of City Manager.
# 32-3. Authority to inspect and enter private property.
ARTICLE II. CITY WATER SERVICE AND FEES.
# 32-4. Permit required to have water main tapped.
# 32-5. Water tapping fees; permit conditioned on payment.
# 32-6. City or independent agent to tap water mains.
# 32-7. Authorization required to open and close valves and open curbstops.
# 32-8. Water use fees; discounts; penalty.
# 32-9. Property owners responsible for water use fees.
# 32-10. Duty to keep water service attachments in good condition.
# 32-11. Water Meters.
# 32-12. Authority of City Manager to limit or discontinue sprinkling.
ARTICLE III. WATER SYSTEM CONSTRUCTION.
# 32-13. Construction specifications.
# 32-14. Water well depth; permission required to exceed maximum depth.
ARTICLE IV. FIRE HYDRANTS.
# 32-15. Permit required to use fire hydrant; exceptions.
# 32-16. Charge for fire hydrant use; deposit for use of City equipment.
# 32-17. Fire Hydrants on private property.
ARTICLE V. VIOLATIONS AND ENFORCEMENT.
# 32-18. Enforcement of City Manager; access premises.
# 32-19. Supplying non-users with City water prohibited.
# 32-20. Needed repairs; resumption of service.
# 32-21. Overdue water service fees may result in discontinued service; resumption conditioned on full payment.
# 32-22. City not liable if water shut off.
# 32-23. Resumption of water service.
Sec. 32-1. Definitions.
As used in this Chapter, unless the context otherwise clearly indicates:
CUSTOMER means the owners or any person, firm, association or corporation supplied with water by the City.
SERVICE LINE shall mean a water line connected to the water main for the purposes of serving a customer.
WATER MAIN shall mean any public water line other than a service line.
WATER SERVICE FEES shall mean water use fees.
WATER TAP shall mean the connection of a service line to a water main. (Dover, Del. Sewer and Water Main Assessment Ordinance, #1, Feb. 26, 1968.)
ARTICLE 1. WATER DEPARTMENT.2
Sec. 32-2. Water Department under authority of City Manager.3
Except as may be provided in the City Plumbing Code, the City Manager shall have general authority over and superintendence of the water mains, water pipes and the water supply system which have been or may hereafter be constructed within the jurisdiction of the City.
Sec. 32-3. Authority to inspect and enter private property.
The City Manager and his authorized agents shall have the authority to enter upon any lands as may be reasonably necessary to discharge their duties pursuant to this Chapter. Pursuant to the entry, the City Manager and his authorized agents shall properly discharge their duties, which may include inspection, conveyance or removal of materials necessary for construction, improvement or repair of water supply facilities. (DOVER, DEL. ORDINANCES, #8-117 (1962).)
ARTICLE II. CITY WATER SERVICE AND FEES.4
Sec. 32-4. Permit required to have water main tapped.
It shall be unlawful for any person to tap or to have tapped any public water main, except upon application to the City Manager in writing designating the number of outlets contemplated on the premises, and upon the City Manager granting a permit therefor along with the payment of the water tapping fee required by Section 32-5. (DOVER, DEL. ORDINANCES, ##3-101, -111 (1962).)
Sec. 32-5. Water tapping fees.
The charge for making a water tap and installing a service line to and including the curb-box, shall be in accordance with a schedule set by the City Council and set forth in the Rules and Regulations of the Water System. These charges shall be due and payable at the time of the application for a tapping permit.
Sec. 32-6. City to tap water mains.
The City will make all connections to its mains, furnish, install and maintain all service lines from the main to and including the curbstop and box in accordance with the permit issued pursuant to Section 32-4.
Sec. 32-7. Opening and closing valves and curbstops.
It shall be unlawful for any plumber or his helper or any other person to open or close any curbstop or valve on the public water mains or service lines. (DOVER, DEL. ORDINANCES, #3-108 (1962).)
Sec. 32-8. Water use fees; discounts; penalty.
(a) Payment in advance. All water service fees, three (3) copies of which are on file in the City Clerk’s Office, shall be payable to the City Manager.
(b) Discount for payment within thirty days. Water service fees shall be discounted at five (5%) percent if paid on or before the 30th day after the date the bill was rendered.
(c) Penalty for arrears. A penalty of ten (10%) percent shall be added to all water service fees which shall be in arrears for a period in access of seventy-five (75) days after the date of rendering the water service bill. (DOVER, DEL. ORDINANCES, #3-108 (1962).)
Sec. 32-9. Property owners responsible for water use fees.
All property owners shall be responsible for the fees for the use of water consumed on their property and shall not be relieved of the payment of water service fees because of any agreement between themselves and any tenants in possession. (DOVER, DEL. ORDINANCES, #3-108 (1962).)
Sec. 32-10. Duty to keep water service attachments in good condition.
It shall be the duty of all customers to keep the service line from the curb box to the meter, valves, spigots and other attachments on their property in good condition and free from leaks.
Sec. 32-11. Water Meters.
Each service line from the curbstop to a property shall be metered. The City reserves the right to determine the size and type of meter, and shall furnish the same to the customer at cost. Meters are to be installed in accordance with rules and regulations governing the water system.
Sec. 32-12. Authority of City Manager to limit or discontinue sprinkling.5
The City Manager shall, when an emergency to the water supply exists, order public water users to limit or to stop sprinkling streets, grass or other vegetation. (DOVER, DEL. ORDINANCES, #3-106 (1962).)
Sec. 32-13. Construction specifications.
Three (3) copies of the construction specifications for the public water system shall be on file in the City Clerk’s Office.
Sec. 32-14. Water well depth; permission required to exceed maximum depth.
It shall be unlawful and a nuisance for any person to dig, drill or otherwise excavate any well more than one hundred and fifty (150) feet below the surface of the ground within the City or one (1) mile thereof, unless the express permission of the City Council by resolution shall have been obtained for the digging, drilling or excavation of the well. No permission shall be given for a well on any property where a potable water supply is available. (DOVER, DEL. ORDINANCES, ##3-201, -203 (1962).)
ARTICLE IV. FIRE HYDRANTS.7
Sec. 32-15. Permit required to use fire hydrant; exceptions.
It shall be unlawful for any person, except members of a Fire Department when engaged in the performance of their duties or any person in the event of an emergency endangering life or property, to open or to use any fire hydrant owned by the City except upon application to and issuance of a permit therefor by the City Manager. (DOVER, DEL. ORDINANCES, #5-301, -303 (1962).)
Sec. 32-16. Charge for fire hydrant use; deposit for use of City equipment.
If the City Manager authorized the use of a fire hydrant pursuant to Section 32-15, the person using it shall pay a charge levied by the City Manager sufficient to cover all the expenses incurred by the City from that use.
If any City equipment is to be used in opening the hydrant, the City Manager may require a deposit to assure its return. (DOVER, DEL. ORDINANCES, #5-302 (1962).)
Sec. 32-17. Fire hydrants on private property.
Any fire hydrant installed by a customer on private property shall be in accordance with City specifications.
ARTICLE V. VIOLATIONS AND ENFORCEMENT.8
Sec. 32-18. Enforcement by City Manager; access to premises.
The City Manager and his authorized agents are directed to enforce all provisions of this Chapter and shall have the authority to enter any building or premises within the City subject to the provisions of Chapter 17 of this Code at reasonable times to inspect all pipes, valves, spigots or other attachments or to make necessary and reasonable tests consistent with good engineering practice to determine condition or to determine if any violations of this Chapter exist. (DOVER, DEL. ORDINANCES, #3-102 (1962).)
Sec. 32-19. Supplying non-users with City water prohibited.
It shall be unlawful for any customer purchasing water from the City to supply that water to non-consumers of City water or to persons having no water connections with public mains. (DOVER, DEL. ORDINANCES, #3-110 (1962).)
Sec. 32-20. Needed repairs.
If it be found that water facilities are leaking or in a bad condition, the water service to the premises may be discontinued until the necessary repairs are made. Before the water service shall resume, the customer shall pay a fee covering service charges incident to discontinuance and resumption of the water supply.
Sec. 32-21. Overdue water service fees may result in discontinued service; resumption conditioned on full payment.
The City Manager or his authorized agent is authorized to discontinue the water supply to any premises for nonpayment of water service fees seventy-five (75) days after a statement of the amount due shall have been mailed to the owner or occupant of the premises. The overdue water service fees shall be entered in the Municipal Lien Docket as a lien on the property owing the City.9 Only after all water service fees have been paid shall the water supply be resumed. (DOVER, DEL. ORDINANCES, #3-103 (1962).)
Sec. 32-22. City not liable if water shut off.
As necessary may arise in case of breakdown, emergency, or for any other unavoidable cause, the City shall have the right to cut off the water supply temporarily in order to make necessary repairs, connections, etc. In such case the City shall not be liable for any damage or inconvenience suffered by the customer; or nay claim against it at any time for interruption in service, lessening of supply, inadequate pressure, poor water quality, or any causes beyond its control. The same rule shall apply of the City discontinues service pursuant to ##32-30 and 32-21 hereof.
Sec. 32-23. Resumption of water service.
Water service shall be resumed after discontinuance only when the conditions under which such service was discontinued are corrected and upon the payment of all proper charges or amounts provided in the schedule or Rules Regulations.
__________________________
1 State law reference. - As to powers of municipal water corporation, see Del. Code Ann. #1301 (1953).
Cross reference. - As to Mosquito Control, see Chapter 23, Article I. As to prohibition against stagnant water, see #27-7.
2 Charter Reference. - As to authority of City Council to adopt provisions, rules and regulations relating to Municipal water services, see Dover Charter, #25 (1961).
Cross Reference. - As to function of Utility Committee to advise Council on Municipal Water System, see #2-16. As to creation of Water Department, see #2-76.
3 Charter Reference. - As to authority of City Manager relating to Municipal Water System, see Dover Charter, #40 (1961).
4 Charter reference. - As to authority of City Council to adopt provisions relating to amount to be paid by users of water furnished by City, see Dover Charter, #24 (1961).
5 Cross reference. - As to Trees and Vegetation generally, see Chapter 30.
6 Charter reference. - As to jurisdiction one mile beyond City limits, see Dover Charter, #19 (1961).
7 Charter reference. - As to authority of City Council to adopt all measures requisite or appropriate for protection against fire, see Dover Charter, #20 (1961).
Cross reference. - As to Fire Department generally, see Chapter 2, Art. II, Div. 10.
8 Charter reference. - As to authority of City Council to enact provisions, rules and regulations relating to enforcement of this Chapter, see Dover Charter, #17, 25 (1961).
9 Charter reference. - As to entry of overdue sewer and water fees on the Municipal Lien Docket, see Dover Charter, # 28C (1967).
ADOPTED APRIL 8, 1974
WATER SYSTEM - RULES AND REGULATIONS
On the recommendation of the Utility Committee and a motion by Mr. Legates, seconded by Mr. Holpp, Council by unanimous roll call vote adopted the following rules and regulations on the City Water System.
SCHEDULE OR RATES AND CHARGES
AND
RULES AND REGULATIONS
FOR
WATER SYSTEM
CITY OF DOVER, DELAWARE
Sections I, II and III - No Changes
SECTION IV: DISCONTINUANCE AND RESUMPTION OF SERVICE CHARGES
A. There will be no charge for the turning on or off of any service for maintenance purposes is done during normal working hours. There will be a charge of $10.00 for all calls after normal working hours.
B. There will be a service charge of $10.00 paid together with all current and overdue charges prior to turning on any service discontinued for delinquent payment.
SECTION V: APPLICATION FOR SERVICE
A. Any person, firm or corporation desiring water service shall make a written application to the City Manager stating the number and size of service contemplated. Upon approval and payment of the water tapping fee a permit shall be issued for said service.
SECTION VI: CONNECTION TO MAIN
A. The City will make all connections to its main, furnish, install and maintain all service lines from the main to and including curb stop and box, which will be placed inside the curb line. (NOTE: Developments constructed under Subdivision Requirements exempt.)
B. Property Owner Service Line. The property owner will furnish, install and maintain the service line from the curb box to the property. All service lines must have an approved valve installed on each side of the meter.
C. Separate Trench. No service line shall be laid in the same trench with gas pipe, drain or sewer pipe or any other, nor within three feet or any open excavation or vault.
D. Maintenance by Customer. All connections, service lines and fixtures furnished by the customer shall be maintained by him in good order. Leaks in the service line from the curb stop into the building must be repaired immediately.
E. City Not Responsible. The City shall in no event be responsible for maintaining any portion of the service line owned by the customer; or for damage done by water escaping therefrom.
F. Single Service Line. A service line from the main to the curb shall not supply more than one property and/or customer.
SECTION VII: WATER METERS
A. Water Meter Required. Each service line from the curb to a property shall be metered, the City reserves the right to determine the size and type of meter, and shall furnish the same to the customer at cost.
B. Location of Meter. The meters will be set at a convenient point, approved by the City, so as to control the entire supply. Meters shall be in an open space so that the meter is at all times accessible for reading and repair and shall never be placed behind appliances, heating equipment or other fixtures hindering free access thereto. Where it is not practical to place a meter within a building, a brick or concrete pit, with a suitable iron cover, or other approved meter box, shall be built inside the property line by the customer. The size and dimension of the pit or box shall be approved by the City and give adequate access to the meter and permit its installation or removal.
C. Meter Installation. Meter shall be installed in a horizontal position with the register upright and not more than 48 inches above the floor line. Outside installations shall have the meter register located not more than 12 inches or less than 6 inches below finished grade and be installed in a meter yoke, valved at each end, No. 522 as manufactured by the Ford Meter Co. or approved equal.
D. Responsibility for Damage. Meters will be maintained by the City so far as ordinary wear and tear are concerned; but damage due to freezing, hot water or external causes due to the negligence of the customer, shall be paid by the customer.
E. City Notified Meter Not Working. The customer shall notify the City of injury to or the nonworking of the meter, as soon as it comes to his knowledge.
F. Registration. The quantity recorded by the meter shall be conclusive on both the City and the customer, except when the meter has been found to be registering inaccurately or has ceased to register. In such case, the quantity may be determined by the average registration of the meter when in order.
SECTION VII: FIRE SERVICE
A. Fire service outside the corporate limits of the City shall be provided pursuant to the charges in Paragraph III under Schedule of Rates.
B. Allowable Use. No person, except authorized personnel of the City, shall take water from any public fire hydrant, except for fire purposes or for use of the Fire Department in case of fire, and no public fire hydrant shall be used for sprinkling streets, flushing sewers, or for any other purposes, except with the approval of the City Manager.
C. Responsibility for Service. The City does not guarantee any special service, pressure, capacity or facility other than is permitted by the ordinary and changing operating condition of the City’s water system, as the same exists from day to day. The City shall be free and exempt from any and all claims for injury to any persons or property by reason of fire, water, failure to supply water pressure or capacity.
SECTION IX: BILLS AND PAYMENTS
A. Bills are payable at the City Hall.
B. Bills Rendered and Due. Regular meter readings will be made quarterly and bills will be rendered as soon as practical after the reading of the respective meter. All bills are due and payable upon presentation or delivery.
C. Delinquent Bills. If a bill remains unpaid for a period of 75 days from the date rendered, it shall be classified as delinquent and if not paid, service may be discontinued. Should service by thus discontinued, it will not be restored until all unpaid bills and all charges, including the turn-off and turn-on charges are paid or satisfactory arrangements made for payment.
Should a bill be paid by check, which the bank will not honor, water services may be discontinued upon three day’s written notice by certified mail. A service charge in the amount of $5.00 shall be paid in addition to all other charges before service is continued.
SECTION X: GENERAL
A. Complaints with regard to the City of Dover’s water system, or the reading of meters, or of the bills rendered must be made at City Hall. A record of such complaint will be kept by the City, giving the name and address of the complainant, date and action taken to satisfy the complaint.
B. Access to Property. All pipes, meters and fixtures shall be subject at all reasonable hours, to inspection by property identified employees of the City. No plumber, owner or other unauthorized person shall turn the water on or off at any corporation stop or curb stop or any valve on a public water main.
C. Swimming Pools. The filling of private swimming pools shall be accomplished only through the metered supply that serves the property. Fire hydrants shall not be used for this purpose.
D. Tank Trucks. The City has provided facilities for the filling of tank trucks at the East Water Street Municipal Facility. All tank trucks must use this facility. A charge will be made for this service.
E. Deposit for customers who redistribute water.
ADOPTED APRIL 8, 1974
UTILITY COMMITTEE REPORT
A written report of the Utility Committee meeting held on April 2, 1974, was presented by Chairman Holpp. On motion of Mr. Biggs, seconded by Mr. Muir, Council accepted the report as presented.
DOVER CARRIAGE TOURS REQUEST
A request was received from Dover Heritage Trails for Dover Carriage Tours to operate one half hour carriage tours of the City for a fee. It was the recommendation of the Parks, Playgrounds and Trees Committee that the operators of the carriages apply for a business license in the normal way through the regular channels. On motion of Mr. Hardcastle, seconded by Mr. Muir, Council approved the recommendation of the Parks, Playgrounds and Trees Committee.
TARBURTON TRACT NAMING
In their meeting of April 1, 1974, the Parks, Playgrounds and Trees Committee recommended naming the Tarburton Tract “City of Dover Park and Recreation Center.” On motion of Mr. Hardcastle, seconded by Mr. Cullen, Council by unanimous roll call vote approved the recommendation of the Committee.
KEITH - RESTORATION OF ISLAND REQUEST
A request was received from Mr. Roger Keith to restore a small triangular shaped island lying slightly northwest of the Blue Coat Inn. Erosion, brought about by storms completely inundated the land which is under one to two feet of water. The request also asked to have the lake level lowered by the City. It was the recommendation of the Committee that permission be granted to restore the island but that Mr. Keith work with the normal water levels of the lake. On motion of Mr. Legates, seconded by Mr. Biggs, Council approved the recommendation of the Parks, Playgrounds and Tree Committee.
PARKS, PLAYGROUNDS AND TREES COMMITTEE
A written report of the Parks, Playgrounds and Trees Committee meeting held on April 1, 1974, was presented by Chairman Walls. On motion of Mr. Biggs, seconded by Mr. Muir, Council accepted the report as presented.
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee was presented by Chairman Walls. On motion of Mr. Hardcastle, seconded by Mr. Biggs, Council accepted the report as presented.
SETTING OF TAX RATE FOR 1974
It is the recommendation of the Legislative and Finance Committee that the tax rate for 1974 be set at $.80 per $100 of assessed valuation and that the capitation tax remain at $3.20 per person. On motion of Mr. Walls, seconded by Mr. Biggs, Council by unanimous roll call vote approved the recommendation of the Committee.
UPGRADING OF POSITIONS
The Legislative and Finance Committee has recommended the upgrading of certain positions in the City. The positions and recommended changes are as follows:
PRESENT GRADE PROPOSED GRADE
Electric Manager G-27 G-28
Electric Plant Superintendent G-25 G-26
Power Plant Clerk Typist G-6 G-8
Electrical Engineer G-23 G-24
Assistant City Manager G-24 G-28
Superintendent of Public Works G-24 G-26
City Engineer G-24 G-26
Computer Manager/Programmer G-17 G-20
Ambulance Driver/Attendant G-9 G-11
Ambulance Supervisor G-9 G-13
City Assessor G-21 G-24
On motion of Mr. Holpp, seconded by Mr. Biggs, Council by unanimous roll call vote approved the recommendation of the Committee to become effective July 1, 1974.
EMPLOYEE EVALUATION FORM
The Legislative and Finance Committee was presented an employee evaluation form for their consideration. The form would be filled out each year that an employee is due a merit increase by the respective supervisor. Incorporated in the form in a section for the supervisor to complete recommending that a merit increase be granted. Absence of this recommendation would mean that the employee must improve his work to a satisfactory level to qualify for an increase. On motion of Mr. Hardcastle, seconded by Mr. Muir, Council by unanimous roll call vote adopted the recommendation of the Committee to become effective May 1, 1974.
SUPERVISOR - HOURLY WAGE SCALE TO SALARIED
The Legislative and Finance Committee noticed in their review that certain supervisors are still being carried on a hourly wage scale basis. In order to keep all supervisory and management people within the same pay policies, it is the recommendation of the Committee that the following supervisory personnel, who are presently being paid on an hourly basis, be transferred from that pay scale to a salaried position comparable to their present earnings:
ELECTRIC DEPARTMENT SUGGESTED GRADE
Maintenance Foreman I G-22
Electric Foreman I G-22
Shift Supervisors G-24
Results Engineer G-24
Senior Foreman, Line Crew G-24
Senior Foreman, Meter Shop G-24
Transmission & Distribution
Superintendent G-26
DEPARTMENT OF PUBLIC WORKS
Foreman I G-22
Foreman II G-20
Fireman III G-18
On motion of Mr. Harris, seconded by Mr. Biggs, Council by unanimous roll call vote adopted the recommendation of the Committee to become effective July 1, 1974.
LEGISLATIVE AND FINANCE COMMITTEE
A written report of the Legislative and Finance Committee was presented by Chairman Legates. On motion of Mr. Walls, seconded by Mr. Biggs, Council accepted the report as presented.
CHAPEL BUILDERS - NIMITZ ROAD REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on Nimitz Road, owned by Jr. Erhlich Realty Company, equitable owner being Chapel Builders. Mayor Carroll declared the hearing open. Mr. Frank Puella, an officer of Chapel Builders, was present to address Council and requested that no formal action be taken at this date in order that Chapel Builders could pursue the recommendation of the Planning Commission. Planning Commission had recommended denial of the rezoning request from R-8 to RG-2. On motion of Mr. Holpp, seconded by Mr. Legates, Council by unanimous roll call vote tabled action on the rezoning request.
CHAPEL BUILDERS - SPRUANCE ROAD REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on Spruance Road, owned by J. Erhlich Realty Company, equitable owner being Chapel Builders. Mayor Carroll declared the hearing open. Mr. Frank Puella, an officer of Chapel Builders, was present and spoke in favor of the rezoning. No one was present to speak against the rezoning. The Planning Commission has recommended approval of the rezoning request. Mayor Carroll declared the hearing closed. On motion of Mr. Walls, seconded by Mr. Hardcastle, Council by unanimous roll call vote approved the rezoning request and 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 ON SPRUANCE ROAD FROM R-