REGULAR MEETING
December 27, 1965
The Regular Meeting of City Council was held Monday, December 27, 1965 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Hayes, Holpp, Hughes, Massey, Smith and Walls.
MINUTES
Minutes of the meeting of December 13, 1965 were accepted and bore the written approval of Mayor Carroll.
APPOINTMENTS
On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous vote appointed Jack T. Roe as Fire Marshal, Building Inspector and Health Inspector for the year 1966.
On motion of Mr. Hayes, seconded by Mr. Biggs, Council by unanimous vote appointed William James as City Assessor for the year 1966.
GIBBS REZONING
Herman Brown, attorney for I. Kendall Gibbs, requested Council to lift from the table and approve the application of Mr. Gibbs to rezone from R-20 to RG-2 approximately 15 acres of land south of the Whiteoak Road. A public hearing on the request had been held on October 25, 1965. The Planning Commission had recommended withholding approval of the rezoning until more details of the proposed development were available. The development plans were submitted to the Planning Commission on December 14 and that Commission has recommended approval of the rezoning request. Mr. Brown exhibited the plans to Council.
Mr. Hayes, seconded by Mr. Hughes, moved that the matter remain tabled until the meeting of January 10. The motion was defeated 4 to 3, Messrs. Biggs, Hayes and Hughes voting ‘Yes’, Messrs. Holpp, Massey, Smith and Walls voting ‘No’.
Mr. Smith, seconded by Mr. Massey, moved that the matter be lifted from the table. The motion was carried by vote of 5 to 2, Messrs. Hayes and Hughes voting ‘No’.
On motion of Mr. Smith, seconded by Mr. Walls, Council by vote of 6 to 1 approved the following ordinance amending the zoning map of the City of Dover. Mr. Hayes voted ‘No’.
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF AN AREA SOUTH OF WHITE OAK ROAD FROM R-20 TO RG-2.
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 from R-20 to RG-2 in the area described below
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. From and after the passage and approval of this ordinance, the Zoning Map and Zoning Ordinance of The City of Dover shall be amended by changing the zoning designation from R-20 to RG-2 use in an area of approximately 15 acres, being lands of I. Kendall Gibbs, located south of the White Oak Road bounded on the north by lands of Roland Trader and lands of Gibbs, now zoned for C-2 use, bounded on the east by other lands of Gibbs and lands of Leon Tarburton, on the south by lands of Irving Voshell and a certain 15' alley in the Dover Heights Development, on the west by Nimitz Road and lands now or formerly of John Pleasanton.
Passed December 27, 1965
PLUMBING CODE HEARING
The Bituminous Pipe Institute appealed to City Council from a decision of the Appeals Committee provided for in the Dover Plumbing Code which upheld the Code’s exclusion of the use of Bituminous Fibre Pipe for House Sewers. The appeal of the Institute was duly advertised for hearing this date. Mayor Carroll declared the hearing opened. Richard W. Snyder spoke for the institute and asked Council to reverse the decision of the Appeals Committee and to permit the use of homogenous bituminized fiber pipe for sewer laterals within the City of Dover. He noted that bituminized fiber is a flexible pipe which when installed properly is water-proof and root-proof. He claimed that this pipe could be installed at 1/3 the cost of cast iron pipe and was supported in his estimate by Mr. Marvel, a contractor. He stated that the provisions of the Code excluding the use of all but cast iron created a monopoly which is not in the best interests of the citizens of Dover. He believed the Code should permit the use of all kinds of materials. In response to questions he noted that there were several kinds of bituminous fiber pipe, that his institute represented homogeneous fiber pipe, and that with proper workmanship on installation the pipe should meet all sewer requirements of the City. Councilmen noted many instances of tree roots causing stoppages in bituminous fiber pipe, or ‘orangeburg’ as it is commonly known. It was also noted that specifications for construction of public buildings, or industrial plants, did not provide for the use of such pipe. Mr. Snyder blamed such exclusions on the lack of education as to the advantages of the fiber pipe. He stated his institute has only been in existence a few years and was attempting to overcome the deficiency. Mr. Snyder stated that hot water had no adverse effect on the pipe and that, because the pipe was flexible, it would spring back into shape when subjected to ordinary pressure. When installed at a depth of four feet or more, he stated that the weight of vehicles had no effect on it. City Manager Ward reviewed the decision of the Appeals Committee which upheld the provisions of the Plumbing Code excluding the use of bituminous fiber pipe for City sewers. Everyone was given the opportunity to speak and ask questions. Mayor Carroll declared the hearing closed.
City Solicitor Buckson explained that the Council had two days in which to render a decision. A resolution granting the appeal of the Bituminous Pipe Institute would have the effect of amending the Plumbing Code. He noted also that the code was an ordinance passed by the City Council, which could be amended by City Council at any time, even though the present appeal were denied.
On motion of Mr. Hayes, seconded by Mr. Hughes, Council by vote of 6 to 1 passed the following resolution denying the appeal. Mr. Massey voted ‘No’.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. The Appeal of the Bituminous Pipe Institute to the written decision of the Appeals Committee excluding the use of bituminous fiber pipe in house sewers is hereby denied.
Passed December 27, 1965
Council adjourned at 8:50 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of December 27, 1965 are hereby approved.
Crawford J. Carroll
Mayor
December 28, 1965