REGULAR MEETING
July 23, 1984
The Regular Meeting of Council was held on July 23, 1984 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Tudor, Boaman, Christiansen, Witt, Weyandt and Shevock. Councilmen Richter and Bulley were absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Witt requested an additional agenda item to present a brief report on a meeting of the committee chairmen concerning reorganizations of the paramedic program.
Mayor Carroll noted additional correspondence to be added as follows:
Mr. William Satterfield - Removal of Trees - North Bradford and Mary Streets;
Route #13 Relief Route - Project Exhibit - Jeromy Alverez; Paramedic Program
for Kent County, Dr. Charles Allen; and, Kent County Department of Community
Development - HUD Rental Rehabilitation Funds
By motion of Mr. Witt, seconded by Mr. Shevock, the agenda was approved as amended.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 9, 1984
The Minutes of the Regular Council Meeting of July 9, 1984 were unanimously approved by motion of Mr. Witt, seconded by Mr. Christiansen and bore the written approval of Mayor Carroll.
PUBLIC HEARING - REZONING - LOTS #3, #4 & #5 - SOUTHERLY SIDE OF NEW BURTON ROAD - KARL E. HOELSCHER
A public hearing was duly advertised for this time and place to consider rezoning lots #3, #4 & #5 on the southerly side of New Burton Road, owned by Karl E. Hoelscher, with the lessee being Ronald G. Williams, Jr.
Mayor Carroll declared the hearing open.
Attorney William Hudson was present to represent the owners, generally described as the Midway Shopping Center, on New Burton Road. Attorney Hudson stated the purpose of the hearing as being to rezone the property from C-1A to C-2A. Mr. Hudson stated that during the Planning Commission hearing, residents in the area of the business were present complaining of odor generating by the trash, possible increase in traffic, and loud and obnoxious noises.
Mr. Ronald G. Williams, Jr., a present tenant of the shopping center, plans to utilize the entire complex by opening a restaurant, noting that the zoning categories of C-1A and C-2A allow similar functions, but stipulate that an appreciable increase in traffic is a consideration. Mr. Hudson pointed out that the Midway Shopping Center fronts on New Burton Road which is a main traffic artery between Dover and Wyoming. As far as the noise and drinking in the area, Mr. Hudson stated that if this had been a great problem then the alcoholic beverage control board or local authorities would have taken steps to control the situation. In addition, a fence has been installed between the business and residential housing.
Mr. Roe stated that his decision for changing the zoning of the Midway Shopping Center from C-1A and C-2A was based on the fact that the entire complex will become a restaurant and therefore, a traffic generator. A precedence was set when a similar rezoning was necessary for the expansion of a restaurant on Walker Road in the neighborhood convenience store across from Woodcrest.
Mr. Richard Redhill of 360 Nottingham Court was concerned as to how the quality of life of the residents in the adjacent neighborhood would be affected by a seafood restaurant and the odor causing waste.
Ms. Cindy Miller, an employee of Dolphin Seafoods, was present to speak in favor of the rezoning, noting that the smell from waste put in the trash has been corrected by more frequent collection.
Mr. Louis Gineris of 158 Haman Drive complained of the odor from Dolphin Seafoods’ trash, although corrected somewhat when recently the owner of the business arranged for more frequent pickups.
Ms. Rosemary Haile of 154 Haman Drive stated that the neighborhood has been subjected to the odor of trash from Dolphin Seafoods for the past three years and the situation has not been corrected although health inspectors have been called to the scene at various times.
Mrs. Sandra Liberto advised Council that she had started a business there in April 1983 until December 1983. During that time she observed Mr. Ron Williams of Dolphin Seafoods attempting to resolve the problem of odor by scrubbing trash cans and constantly inserting new liners. The odor was most noticeable when the trash was picked up but only lasted for approximately one-half hour. She stated that most of the noise or trouble at the business was caused by neighborhood children.
Attorney William DiMondi was present to speak in behalf of Ronald G. Williams, Jr., a tenant in the most northerly end of the Midway Shopping Center on New Burton Road.
To clear a point, Mr. DiMondi advised Council that trash pick up at Dolphin Seafoods, prior to the filing of the zoning application, was accomplished by a commercial collector two times per week, with the City picking up trash one time per week. Last week, Mr. Williams, owner of Dolphin Seafood, contracted with a commercial hauler to pick up trash every day except Tuesday, which is City of Dover collection day. He also advised that all uncooked seafood is now kept in 80 gallon containers and placed in a walk-in freezer until the collector of trash is on the premises. After the trash has been collected, all containers are washed and lined with new bags. The area around the trash container site is then limed and sprayed for fly control.
It was Mr. DiMondi’s opinion that het only issue before Council is whether the zoning is consistent with the Comprehensive Plan and if the zoning category of C-2A is compatible with the planned restaurant use. The issue of flies and odor or whether a specific seafood restaurant should be allowed to operate at this location is not a consideration of the zoning application. In completing his presentation, Mr. DiMondi reiterated the fact that the proposed restaurant will not generate traffic through a residential area since it is located on a main artery.
Mayor Carroll pointed out that a 10,000 square foot building will not create any more odor than a 1,000 square foot building. This depends on the operation of the facility. If there is an abuse in the area of odor, sound, or disturbances of any kind, there are ordinances and laws to deal with these situations. He felt that the question before Council is the magnitude of traffic generated by the proposed business.
Mr. Leon Fruits of 162 Haman Drive stated that other than the past week, the odor generated by Dolphin Seafoods’ trash was unbearable. He also alluded to an abundance of flies.
Ms. Brenda Williams of 159 Haman Drive also complained of odor and was concerned about additional traffic generated near a school in the area.
Mrs. Elizabeth Hall of 174 Haman Drive objected to a bar in the neighborhood.
Mrs. Carmen Gineris stated that her backyard is adjacent to the trash cans in question and complained of obnoxious odors and flies.
Ms. Janet Lemp, an employee of Dolphin Seafoods and a resident of the City of Dover, advised that the trash problem has been taken care of. She reported no problems with drunkenness or fights during her employment. She did not feel that traffic would be a problem to school children in the area since the business is located on New Burton Road.
Mr. Leroy Miller, president of the Wedgewood/Mayfair/Crossgates Civic Association, reported many calls concerning odor and drinking associated with the business and requested Council’s serious consideration of the rezoning.
Mr. Benjamin Bowings of 198 Haman Drive also complained of the odor generated by Dolphin Seafoods and the possibility that a liquor license might increase drunken drivers on New Burton Road.
Mayor Carroll declared the hearing closed.
The Planning Commission recommended that Council leave the zoning of this property as it presently exists. Mr. Roe also reported a petition presented to the Planning Commission opposing the rezoning and a letter from Mr. Fred Bell, urging approval of the zoning.
Mr. Witt moved for denial of the rezoning request, seconded by Mr. Christiansen.
Questioned by Mr. Weyandt, Mr. Roe stated that his office has experienced many complaints concerning the odor from Dolphin Seafoods. After contact by his office, the odor would be corrected for approximately one week and then other complaints would be submitted.
His office also had discussions with Mrs. Hudson, agent for the owner of the building, and it was at this time that placing the seafood waste in a walk-in freezer until collected was initiated.
Mr. Weyandt noted that a business such as a 7-11 store would be allowable under the present zoning and it was his opinion that this business would create more traffic than the proposed restaurant. He felt that the odor and handling of waste from the business seems to be more of an issue than the question of traffic that might be generated.
Mr. Boaman pointed out that 90% of the residents present were complaining of an odor problem from the business and he did not feel that this particular aspect of the business is what Council should be discussing. This is a health problem and should be dealt with by the City or the State Board of Health. To allow discussions on this problem, he felt that Council would be bridging the zoning ordinance in that it trespasses into the area of contractual zoning. In explanation, Mr. Boaman felt that discussions indicate that Council will not allow a seafood restaurant because of the possible odors and in his opinion, this is contractual zoning.
Mr. Boaman stated that if the proposed zoning is bad, then Council should stick to the text of the zoning ordinance and not bring factors into the discussion that do not and should not be considered. On the other hand, if Dolphin Seafood is violating the ordinance, in support of the residents of the area, he would not want to expand the present facility. This is the dilemma that seems to be before Council.
Mr. Boaman moved to table action on the zoning application for ninety (90) days and have a report submitted to Council from the health departments of the City and State to determine if the problem so stated during the hearing has been reminded.
Mr. Boaman’s tabling motion failed for lack of a second.
Mr. Shevock called for the question on the motion to deny the rezoning.
By a roll call vote of five (5) yes, one (1) no (Mr. Boaman) and two (2) absent (Mr. Bulley and Mr. Richter) the rezoning request was denied.
PUBLIC HEARING - REZONING OF LAND LOCATED ON THE NORTHBOUND SIDE OF U.S. ROUTE #13 - BETWEEN SCHWINN CYCLES AND KIDDIE WORLD - CHARLES B. & FAYE M. CONNER
A public hearing was duly advertised for this time and placed to consider rezoning land located on the northbound side of U.S. Route #13, between Schwinn Cycles and Kiddie World, owned by Charles B. & Faye M. Conner.
Mayor Carroll declared the hearing open.
Mr. Mike Foster, representing Nate Cohen Realty, was present to explain that the rezoning is for the purpose of constructing an addition to the existing building occupied by Kiddie World.
There was no one else to speak for or against the rezoning and no correspondence.
The Planning Commission recommended approval.
Mayor Carroll declared the hearing closed.
By a roll call vote of five (5) yes, three (3) absent (Mr. Richter, Mr. Boaman and Mr. Bulley), Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE NORTHBOUND SIDE OF U.S. ROUTE #13, BETWEEN SCHWINN CYCLES AND KIDDIE WORLD.
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 R-20 to C-4.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-20 to C-4 on that property located on the northbound side of U.S. Route #13, between Schwinn Cycles and Kiddie World, owned by Charles B. & Faye M. Conner.
ADOPTED: JULY 23, 1984
ANNEXATION REFERENDUM RESULTS - LAND ON WEST SIDE OF U.S. ROUTE #13, NORTH OF THE SHERATON INN
As certified by the county officials, City Clerk Willis reported the following annexation referendum results:
Referendum #1 - 6 For / 6 Against
Referendum #2 - 8 For / 8 Against
Mr. Witt moved to accept the referendum results, seconded by Mr. Christiansen and unanimously carried.
Questioned by members of Council, City Solicitor Rodriguez advised that an annexation referendum requires a majority vote. Since referendums #1 and #2 were tie votes, Council cannot annex the area into the corporate limits.
Questioned by Mr. Christiansen, Mayor Carroll advised that an annexation referendum could be set for the same area no sooner than thirty (30) days of the adoption of a resolution by Council.
Mr. Christiansen moved that an annexation referendum be held in the same manner as referendum #1 and referendum #2 on August 23, 1984. The motion was seconded by Mr. Weyandt.
Questioned by Mr. Christiansen, the City Clerk stated that there was some information that one person voting in the annexation might not have been a resident of the area to be included in the corporate limits, therefore was ineligible to vote. However, no challenges were issued during the referendum.
City Solicitor Rodriguez stated that it is very difficult to prove or disprove residency and it would be necessary that a challenge of th vote take place by the opposition during the polling of votes.
By unanimous roll call vote (Mr. Richter and Mr. Bulley absent), Council 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, the Charter of the City of Dover authorizes 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 in north Dover and east 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 tract, piece or parcel of land situated in East Dover Hundred, Kent County, State of Delaware, contiguous to the boundary of the City of Dover, lying on the westerly side of U.S. Route #13 leading from Smyrna to central Dover, and bounded as follows:
On the south by lands now or formerly of Ruth R. Porter;
On the west by lands now or formerly of The State of Delaware, being the site of Delaware Technical and Community College - Terry Campus;
Being more particularly described as follows:
Beginning at a point in the westerly line of U.S. Route #13 being the northeast corner of lands of the aforesaid Porter, and the southeast corner of these lands, a corner for lands now or formerly of Karl M. Webb and Jacqueline Webb, H/W; thence with the line separating these lands from lands of said Porter the following courses and distances:
1. S 52° 05' W, about 475 feet;
2. N 37° 55' W, about 192.15 feet;
3. N 52° 05' W, about 471 feet to a point in line of lands of Delaware Technical and Community College
Thence with the line of lands of said College, the following courses and distances:
1. N 25° 25' 37" W, about 479.10 feet;
2. N 61° 38' 52" E, about 257.00 feet;
3. N 37° 26' 55" W, about 196.72 feet;
4. S 52° 05' W, about 20.00 feet;
5. N 37° 57' W, about 230.00 feet;
6. N 32° 13' W, about 201.00 feet;
7. N 52° 05' E, about 600.00 feet; running with a line separating lands of First United Pentecostal Church from lands of Delaware Technical and Community College, to a point in the westerly line of U.S. Route #13.
Thence with the westerly line of U.S. Route #13, S 37° 55' E, about 1247.85 feet to the point and place of beginning.
Containing 20.25 acres, more or less (0.032 square miles).
2. That an election be held on the 23rd day of August 1984, commencing at the hour of 11:00 a.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 23, 1984
Mr. Christiansen moved that an annexation referendum be held in the same manner as referendum #1 and referendum #2 on August 23, 1984. The motion was seconded by Mr. Weyandt. By unanimous roll call vote (Mr. Richter and Mr. Bulley absent), Council 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, the Charter of the City of Dover authorizes 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 in north Dover and East 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 two 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:
Area #1
ALL that certain tract, piece or parcel of land situated in East Dover Hundred, Kent County, State of Delaware, contiguous to the boundary of the City of Dover, lying on the westerly side of U.S. Route #13 leading from Smyrna to central Dover, and bounded as follows:
On the south by lands now or formerly of Ruth R. Porter;
On the west by lands now or formerly of The State of Delaware, being the site of Delaware Technical and Community College - Terry Campus;
Being more particularly described as follows:
Beginning at a point in the westerly line of U.S. Route #13 being the northeast corner of lands of the aforesaid Porter, and the southeast corner of these lands, a corner for lands now or formerly of Karl M. Webb and Jacqueline Webb, H/W; thence with the line separating these lands from lands of said Porter the following courses and distances:
1. S 52° 05' W, about 475 feet;
2. N 37° 55' W, about 192.15 feet;
3. N 52° 05' W, about 471 feet to a point in line of lands of Delaware Technical and Community College
Thence with the line of lands of said College, the following courses and distances:
1. N 25° 25' 37" W, about 479.10 feet;
2. N 61° 38' 52" E, about 257.00 feet;
3. N 37° 26' 55" W, about 196.72 feet;
4. S 52° 05' W, about 20.00 feet;
5. N 37° 57' W, about 230.00 feet;
6. N 32° 13' W, about 201.00 feet;
7. N 52° 05' E, about 600.00 feet; running with a line separating lands of First United Pentecostal Church from lands of Delaware Technical and Community College, to a point in the westerly line of U.S. Route #13.
Thence with the westerly line of U.S. Route #13, S 37° 55' E, about 1247.85 feet to the point and place of beginning.
Containing 20.25 acres, more or less (0.032 square miles).
Area #2
ALL that certain tract, piece or parcel of land situated in East Dover Hundred, Kent County, State of Delaware, contiguous to the boundary of The City of Dover, lying on the westerly side of U.S. Route #13 leading from Smyrna to central Dover, and bounded as follows:
On the south and west by lands now or formerly of the State of Delaware, being the site of Delaware Technical and Community College - Terry Campus;
On the north by the original southerly line of Kent County Road #100 known as Denney Road;
On the east by the westerly line of U.S. Route #13;
Being more particularly described as follows:
Beginning at a point at the intersection of the westerly line of U.S. Route #13 with the original southerly line of Kent County Road #100 - Denney Road; thence with the westerly line of said U.S. Route #13
1. S 37° 55' E, about 1117.9 feet to a point at a corner for lands now or formerly of aforesaid State of Delaware - Delaware Technical and Community College.
Thence with the line of said College:
1. S 61° 05' W, 820.00 feet to a point;
2. N 25° 32' W, 857.57 feet to a point;
3. N 27° 45' W, 260.00 feet to a point in the original southerly line of said Road #100.
Thence with the said line of Road #100.
1. N 62° 12' E, about 591.40 feet to the point and place of beginning.
Containing 18.108 acres, more or less (0.028 square miles).
2. That an election be held on the 23rd day of August, commencing at the hour of 11:00 a.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 23, 1984
MONTHLY REPORTS - JUNE
By motion of Mr. Weyandt, seconded by Mr. Shevock, the following monthly reports were unanimously approved:
Chief of Police Report
Building Inspector and Fire Marshal Report
City Alderman Report
City Manager Report
J.P. Court #7 Report
General Fund, Cash Receipts Report
General Fund, Budget Report
Water/Sewer Fund, Revenue Report
Water/Sewer Fund, Budget Report
Inter-Governmental Service Fund, Revenue and Budget Report
Electric Revenue Fund, Revenue Report
Electric Revenue Fund, Budget Report
Improvements and Extension Fund, Cash Receipts and Budget Report
Municipal Street Aid Fund, Cash Receipts and Budget Report - April, May and June
Police Grant Fund, Cash Receipts and Budget Report - April, May and June
Parking Fund, Cash Receipts and Budget Report - April, May and June
UTILITY COMMITTEE REPORT
The Utility Committee met on July 11, 1984 at 7:30 p.m. with Chairman Richter presiding. In the absence of Chairman Richter, Mr. Tudor presented the Utility Committee Report.
Public Hearing - General Television - Rate Increase Request
Mr. Tudor noted that it was necessary to hold two public hearings with General Television since during the first public hearing the City staff and General Television did not agree on the methodology in which General Television based their rate increase. During the meeting of July 11, 1984 it was reported by staff that after meetings with Mr. Bartolotta, Mr. Karia and Mr. Clark, General Television agreed to reduce their assets by five million dollars plus, which was utilized in a rate base to calculate necessary return on franchise investments.
Staff recommended a 10% increase on the monthly rate and various other installation charges which would equate to 14.6% return for the company after taxes. It was also noted that General Television could have been granted a 5% increase per year almost automatically through the PSC. Since it has been two years since a rate increase has been granted, staff felt that a 10% increase at this time would be adequate.
The committee recommended acceptance of staff’s recommendation to grant a 10% rate increase on each item requested by General Television to become effective September 1, 1984, stipulating that Council could give consideration to an adjustment in the rate increase within 45 days after receiving the findings of the study being made by the Public Service Commission consultants. The adjustment will be considered regardless of the outcome of the Public Service Commission’s rate increase. The findings of the Commission’s consultants will be reviewed by the City prior to any reconsideration or adjustment in General Television’s rate structure.
Mr. Tudor moved for the recommendation of the committee, seconded by Mr. Weyandt.
On a call for the question, Council by a vote of five (5) yes, with two (2) absent (Mr. Richter and Mr. Bulley) and Mr. Shevock abstaining, Council granted a 10% increase to General Television on each item requested, effective September 1, 1984.
Mr. Shevock explained his abstention from voting as being that the call for the question did not permit him to discuss a further point on the matter which might have had some bearing on his final vote.
Alley Abandonment - East Lake Gardens
A request was received from Mr. William Clarke and other residents of East Lake Gardens to abandon an alley that is adjacent to their properties and connects Lakeview Drive and Silver Lake Drive. The alley is an unopened dedicated alley of the City of Dover.
Mr. Clarke pointed out during discussions that an existing pole line within the alleyway also is located within his property lines.
Staff recommended abandoning the alley with the right-of-way being divided equally between adjoining property owners, in exchange for a written easement of 7.5 feet on each side of the existing pole line. An additional provision in the easement would provide that any structures already in the new easement area would be allowed be surveyed, recorded, and platted at the property owners expense. The property owners would also be required to reimburse the City for any expenses involved in transferring the titles.
Mr. Witt moved for the adoption of a resolution setting a public hearing fo the abandonment on August 27, 1984. The motion was seconded by Mr. Weyandt and carried by unanimous vote (with Mr. Richter and Mr. Bulley absent).
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A CERTAIN ALLEY SITUATED IN A DEVELOPMENT KNOWN AS EAST LAKE GARDENS IN THE CITY OF DOVER:
Be It Resolved By The Council of The City of Dover:
Section 1. The Council of The City of Dover favors the vacating and abandonment of the following alley laid out upon a plot of East Lake Gardens:
All that portion of a 15 foot alley lying between the lands of Edward and Glorina Clark; being lots 53, 54, 55 & 56 of East Lake Gardens, and the lands of Lee and Erma McCulley and Ivan and Edna Yoder, being lots 49, 50, 51, and 52 of East Lake Gardens, and running for a distance of 200 feet.
Section 2. The Council of the City of Dover will sit on Monday, August 27, 1984, at 7:30 p.m. at the Council Chamber of City Hall to hear objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158, Volume 36, Laws of Delaware).
Section 3. The Clerk of Council is hereby directed to post copies of this resolution in five or more public places in the City of Dover and to publish the same in a newspaper published in the said City.
ADOPTED: JULY 23, 1984
Sewer Back-up - 341 Frear Drive - John & Martha Smith
Mr. Tudor advised Council that Mr. John Smith of 341 Frear Drive and other property owners of the area were present at the committee meeting to discuss sewage back-ups in their basements. The property owners were concerned that the City’s insurance adjustors have advised that the City was not negligent in any way in causing the sewage back-ups, therefore, the property owner’s liability claim is being denied.
The property owners also explained that the insurance company made no visits to inspect the damage caused by the back-up and felt that the City did have some liability and responsibility.
The committee deferred the matter until the next committee meeting where representatives of the insurance company will be present to explain their procedure of investigating claims and their reasoning behind denial of such claims that are relative to sewer back-ups that cause damage to homes. Staff will also investigate other municipalities to determine their policies in processing claims relative to similar incidents.
Annexation Request - Henry Heller - Vacant Lots Adjacent to 1310 Forest Street & James Hutchins - 1344 Forest Street
Mr. Tudor stated that an annexation request has been received from Henry Heller for two vacant lots adjacent to 1310 Forest Street and from Mr. James Hutchins of 1344 Forest Street.
Mr. Bartolotta added that verbal requests for annexation in the area have been submitted.
Questioned by Mr. Weyandt, Mr. Bartolotta informed Council that a proposed sewer line for the area is