REGULAR MEETING

July 10, 1961

The regular meeting of City Council was held Monday, June 12, 1961 at 7:30 P.M. with Mayor Haman presiding. Councilmen present were Messrs Carroll, Davis, Fromm, Hayes, Holpp, Thompson, Turner and Zartman.

MINUTES

Minutes of the meeting of June 26, 1961 were accepted as read and bore the written approval of Mayor Haman.

REPORTS

Report of the Chief of Police for June was accepted as read.

Report of Alderman Shockley was accepted as read. Checks in the amounts of $222.50 and $174.00 were remitted to the City. Report of Magistrate W. J. Cavanaugh was accepted as read. A check in the amount of $716.30 was remitted to the City. Report of Magistrate Ralph D. Knotts was accepted as read. A check in the amount of $204.70 was remitted to the City.

Report of the Fire Marshal and Building Inspector for June was accepted as read.

Ambulance Report for June was accepted as read.

Report of General Fund Cash Receipts for June was accepted as read.

Report of General Fund Budget for May was accepted as read.

Report of Electric Revenue Fund Cash Receipts and Expenditures for June was accepted as read. Report of Electric Improvement Fund Cash Receipts and Expenditures for June was accepted as read.

Report of Electric Department Operating Report for May was accepted as read.

FIRE DEPARTMENT SURVEY

The Middle Department Association of Fire Underwriters have completed their survey of the fire fighting facilities of the Robbins Hose Company and listed their findings and recommendations in a letter to the Fire Chief dated June 29, 1961. The letter compared the Dover Fire Department with the best volunteer fire companies in the country. On motion of Mr. Hayes, seconded by Mr. Davis, the letter attached and made part of these minutes.

POLICE AUTO

Bids were solicited on the trade-in of a police car purchase of a new car, and also on leasing a police car. One bid was received on trade-in and purchase, Bolan Motors, net $1150. One bid was received on a leasing arrangement, Dover Leasing, $121 per month for 24 months. The leasing bid covers repairs and maintenance and collision insurance, less $100 deductible. On motion of Mr. Zartman, seconded by Mr. Hayes, Council authorized leasing one police vehicle for 24 months at the price of $121 per month.

CITY MANAGER REPORT

Report of the City Manager for June was accepted as read.

DEEP WELL PUMPS

Bids were opened for the installation of two deep wells and pumps at McKee Run. Layne of New York bid $39,449; Shannahan Artesian Well Co. bid $41,608. On motion of Mr. Carroll, seconded by Mr. Turner, the City Manager was authorized to award the contract to the low bidder after review of the bids.

PROJECT 14

These bids were received on Project #14 and alternate #1 as follows:

            Delaware Roads, Inc.             $72,661.50,     alt. $37,155.00

            Edgell Construction                $68,071.50,     alt. 40,269.10

            George & Lynch                     472,478.00,     alt. 40,904.00

Council considered whether the alternate could be awarded separately from the base bid. On motion of Mr. Hayes, seconded by Mr. Davis, Council awarded the base bid to Edgell Construction Co. at $68,071.50, and alternate #1 to Delaware Roads, Inc., at $37,155.00.

HARTNETT BUILDING PERMIT

Building Inspector Jack Roe presented to Council an application for a building permit for an addition to its plant building. The plant is located in an area which a proposed zoning ordinance will restrict to general office and residential use. The Zoning Commission proposes to meet with representatives of the firm to discuss the matter on July 18. Mr. Zartman stated he believed Council should grant the permit to encourage the growth of the business and not drive it from the City. Mr. Fromm and other Councilmen believed that the Zoning Commission were appointed representatives of Council and that no action should be taken to prejudice its position. Mr. Zartman, seconded by Mr. Holpp, moved that the permit be granted. Messrs Hayes, Holpp and Zartman voted ‘Yes’; Messrs Carroll, Davis, Fromm, Thompson and Turner voted ‘No’. Mr. Carroll, seconded consideration and recommendation to Council. Messrs Carroll, Davis, Fromm, Thompson and Turner voted ‘Yes’; Messrs Hayes Holpp and Zartman vote ‘No’. Mayor Haman declared the latter motion passed.

Richardson & Robbins also requested a certificate from Dover that their sewer facilities are adequate to handle waste disposal from various meat products which they propose to process under Federal inspection. The City Manager consulted with the State Board of Health and the Stream Pollution Commission. The sewer system is adequate to handle the volume of waste which the firm says it will load on the system. On motion of Mr. Fromm, seconded by Mr. Zartman, The City Manager was authorized to furnish the desired certificate including the load restriction.

SUBDIVISION ORDINANCE

City Solicitor Buckson read to Council the provisions of a proposed subdivision ordinance which would assign to the Dover Planning Commission the duty of administering subdivision regulations. He explained the purpose of the ordinance and the procedure for which it provides.

On motion of Mr. Fromm, seconded by Mr. Turner, Council passed the following ordinance by vote of 7 to 1. Mr. Hayes voted ‘No’.

AN ORDINANCE PRESCRIBING THE POWERS AND DUTIES OF THE CITY OF DOVER PLANNING COMMISSION IN REGULATING AND ESTABLISHING STANDARDS AND PROCEDURES WITH REGARD TO THE SUBDIVISION OF LAND INTO TWO OR MORE PARCELS.

Be It Ordained By The Council Of The City Of Dover In Council Met:

Section 1. That the City of Dover Planning Commission shall adopt and administer uniform regulation of the subdivision of land into two or more parcels in order to provide for the order, sanitation, appearance and beauth, the health, safety, convenience, comfort and well being of the population of the City of Dover. Such regulations shall be consistent with and promote the purposes and provisions of the City of Dover Zoning Ordinance and the City of Dover Comprehensive Development Plan.

Section 2. The regulations adopted and administered pursuant to Section 1 shall include standards and criteria for the design of lots, streets, drainage ways, preservation of trees and other natural features, the naming of streets and other matters appropriate to the purposes of this ordinance. The regulations shall provide uniform and reasonable procedures in their administration and may include a schedule of fees to cover the costs of administration.

Section 3. The regulations shall require the dedication or reservation for public use of streets, right-of-way, drainage and utility easements, lands subject to periodic or occasional flooding and lands similarly unsuited for development. All proposed covenants or deed restrictions shall be subject to review or regulation. The regulations may require the dedication or reservation of sites for schools, playgrounds or parks where such sited are shown in the Comprehensive Development Plan or where the subdivision will, in the judgement of the Planning Commission, create conditions requiring such sites. In no case shall the Planning Commission require the dedication of a total of more than 15% of any subdivision for school, park or playground purposes. The regulations shall indicate street, utility and other improvements that must be installed by the subdivider prior to final approval of a subdivision.

Section 4. The approval of a subdivision proposal be the Planning Commission shall be subject to the acceptance by the Council of all indicated dedications and easements. The disapproval of a subdivision proposal by the Planning Commission based on duly adopted regulations shall not be subject to review by Council but shall be subject to review by a Court of competent jurisdiction of the State of Delaware.

Section 5. The approval of a subdivision proposal be the Planning Commission shall be conditional upon the satisfactory installation of street, utility, or other required improvements or acceptable assurances thereof, and upon the carrying out of the required dedications, covenants and deed restrictions. No plot, plan or map of any subdivision shall be recorded by The Kent County Recorder of Deeds or displayed for purposes of advertisement or sale of land and no building permit shall be issued for any construction according to any plot, plan or map that does not bear the final approval of the Planning Commission.

Section 6. The regulations adopted by the Planning Commission pursuant to this Ordinance and any amendments thereto, supplements thereto or eliminations therefrom shall not take effect until after public heating and approval by majority vote of the Council. After the adoption and approval of the regulations, any amendments thereto, supplements thereto or eliminations therefrom may be initiated by the Planning Commission or by the Council and shall not take effect until after a report of the Planning Commission, public hearing and approval by majority vote of the Council.

Passed July 10, 1961.

PARKING AUTHORITY REPORT

Councilman Thompson requested the Clerk to contact the Parking Authority and request submission and publication of their regular report.

Council adjourned at 10:55 P.M.

F. Neylan

City Clerk

All ordinances, resolutions and orders adopted by City Council at its meeting of July 10, 1961 are hereby approved.

July 11, 1961                                                                           W. Edward Haman

                                                                                                                            Mayor