Regular City Council Meeting
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Jun 28, 1965 at 12:00 AM

REGULAR MEETING

June 28, 1965

The Regular Meeting of City Council was held Monday, June 28, 1965 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Harris, Hayes, Holpp, Hughes, Massey, Smith and Walls.

MINUTES

The minutes of the meeting of June 14, 1965 which bore the approval of Mayor Carroll with the exception of the budget for the general operation of the City, which he vetoed, were accepted by vote of 4 to 4 with Mayor Carroll voting Yes to break a tie. Councilmen Biggs, Hayes, Massey *

On motion of Mr. Harris, seconded by Mr. Walls, Council by vote of 8 to 0 passed over the veto of the Mayor the budget ordinance appropriating $1,370,912.50 for the general operations of the City as passed on June 14, 1965, with the provision that the wage scale of the Police Department and all other departments of the City be referred to the Wages & Hours Committee for further study. Mayor Carroll asked that the whole Council study the matter.

* and Walls voted ‘No’.

CARROLL REZONING

Harold Schmittinger, attorney for Edyth M. Carroll and Craft Builders, Inc. requested that certain lands of Edyth M. Carroll be rezoned from C-4 and R-8 to RG-2. A public hearing is required prior to any change in the zoning ordinance or zoning map. On motion of Mr. Hayes, seconded by Mr. Harris, Council by unanimous vote adopted the following resolution:

A RESOLUTION SETTING FORTH TIME AND PLACE FOR PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP AND DIRECTING THAT A NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.

WHEREAS, a certain area of approximately 14 acres south of Roosevelt Avenue and between U.S. Route #13 and St. Jones River is presently zoned for R-8 and C-4 uses, and

WHEREAS, a request has been received to change the zone designation from R-8 and C-4 to RG-2 use, and

WHEREAS, a public hearing is required prior to amending the Zoning Ordinance or Zoning Map 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 at City Hall at 8:00 P.M. on July 26, 1965 on a proposed amendment to the zoning ordinance and zoning map of The City of Dover which would change from R-8 and C-4 use to RG-2 use, those lands of Edyth M. Carroll of approximately 14 acres, bounded on the north by Roosevelt Avenue and lands of the John W. Ingram development,. On the south by lands of George Pyott, on the east by the St. Jones River , and on the west by a driveway extending westward to U.S. Route #13 between lands of George Pyott and lands formerly of Edyth M. Carroll.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

Adopted June 28, 1965.

WEST STREET

A letter from The Holt Distributing Company requested Council to pave West Street between Division and Loockerman Streets. The improvement is included in the program of the City for the coming year. On motion of Mr. Hayes, seconded by Mr. Walls, Council directed that the letter be answered and Mr. Holt be informed of the plan of the City.

WILLIAM HENRY

A letter from R. L. Herbst of the State Department of Public Instruction noted that Council was considering the annexation of an area that included the William M. Henry School and asked to have the site of the school included within the City limits. The letter will be answered.

BISHOFF WELL

Lawrence C. Ellery, Landscape Architect requested permission to drill a shallow well on the property of Dr. R. A. Bishoff at Park Drive and Division Street for the purpose of irrigating the grounds. On motion of Mr. Harris, seconded by Mr. Biggs, the request was referred to the Utility Committee.

DELAWARE BASIN WATER

A notice was received from the Delaware River Basin Commission, 25 Scotch Road, Trenton, New Jersey, informing Council of a public hearing to be held July 7, 1965 in the Pennsylvania Room, Sheraton Hotel, in Philadelphia, on the question of declaring a water supply emergency in the Delaware River Basin. On motion of Mr. Harris, seconded by Mr. Holpp, the City Manager or a member of his staff was authorized to attend the hearing on behalf of the City.

PLUMBING CODE APPEAL

Woodbrook Realty Company have appealed to City Council against decisions of the Plumbing Inspector and Plumbing Appeal Board which upheld the provisions of the Plumbing Code prohibiting the use of clay pipe for house sewer laterals. Hearing of the appeal has been duly advertised for this date. Mayor Carroll declared the hearing opened. Walter Ellis of Woodbrook Realty Sewer Pipe Association. Mr. Dick noted that clay pipe compared favorably with cast iron, that its use was permitted by the National Plumbing Code, the State Board of Health, and that the New Castle County Code, which Dover used as a model, was being amended to permit use of clay pipe for sewer laterals. Mr. Pullella of Pullella & Baldini stated that clay pipe was easier to work and could be a factor in saving lives when pipe is being laid in a deep trench. Mr. T. C. Brown, Field Engineer for the Cast Iron Pipe Institute, stated that in his opinion the present code of the City was a good one and should not be changed, that many cities throughout the country similarly required cast iron over clay, that clay pipe failure usually occurred in the joints with leakage out or in, or permitting the entry of roots. City Manager Ward, Chairman of the Appeals Board, Plumbing Inspector Roe, Councilman Biggs and Councilman Hughes spoke in favor of retaining without change the provisions of the Plumbing Code. Councilman Harris stated he thought the code went too far and that an individual property owner should be permitted to install whatever materials he desired to install on his own property. All were given time to ask questions or make remarks. Mayor Carroll declared the hearing closed.

On motion of Mr. Hughes, seconded by Mr. Hayes, the appeal of Woodbrook Realty Company was denied by vote of 6 to 1, Mr. Harris voting ‘No’, and Mr. Massey not voting.

POLICE DEPARTMENT

Mayor Carroll remarked on the excellent record of the Police Department, of the increased demands put upon it by the growth of the City, of the need to maintain its excellence, of the difficulty of recruiting competent men, and of the urgency of the request to increase the salary scale of the department.

DOVER STREET PLAYGROUND

Residents in the area of the Dover street playground appeared before Council to speak answer complaints of a neighbor over use of the playground to the Police Department. The Mayor assured the residents that the playground was for use of the children and that he would meet with them to discuss the problem of complaints to the Police.

BISHOFF SIDEWALK

A letter from Dr. Ro. J. Bishoff asked Council to relieve him of the requirement to install sidewalks around his new building at Park Drive and Division Street. On motion of Mr. Hayes, seconded by Mr. Walls, action was deferred on the request until Council had available the resolution requiring that sidewalks be installed.

NORTHWEST DOVER SEWER

Councilman Hayes asked when sewer would be installed in Northwest Dover Heights. City Engineer Joseph stated that bids would be asked for opening by July 26, 1965.

ROE OFFICE

Councilman Hayes reported that the committee appointed to locate office space for the Building Inspector had no permanent location to recommend, but did recommend that one end of the caucus room be assigned for temporary office use and that the purchase of necessary desks be authorized. On motion of Mr. Massey, seconded by Mr. Walls, Council authorized temporary use of the room and purchase of office equipment as recommended.

POST OFFICE

Mayor Carroll reported he had been advised by the GSA that the old post office, or a portion of it, may still become available for City use. Construction of a Federal office building at some other location is being considered. He asked for an expression of opinion by Council which he could pass on the GSA. On motion of Mr. Harris, seconded by Mr. Smith, Council expressed its desire to obtain possession of the Post Office building, and offered assistance in locating a site for a new Federal Office building.

NEW POLICE STATION

Council looked at the architect’s sketch of the proposed new police station and considered the final location of the building. On motion of Mr. Hayes, seconded by Mr. Smith, Council directed that the police station be located on the southwest corner of Queen Street and Bank Lane, by vote of 5 to 2, Messrs. Massey and Walls voting ‘No’, Mr. Hughes not voting.

Council discussed the land required for the opening of Queen Street and the construction of the new police building. With the location of the police building being definitely established Council believed that only portions of certain properties being condemned would be required. On motion of Mr. Hayes, seconded by Mr. Walls, Council directed that lands to be acquired from Emory and Fountain on Water Street should be limited to that needed for the police building.

THE PLAZA

City Manager Ward reported that bids have been received on redevelopment of The Plaza in accordance with plans approved by Council and the low bid has been received from the firm of Paul Scotton, $3263.75. On motion of Mr. Hayes, seconded by Mr. Massey, Council authorized award of the contract to the low bidder.

ST. JONES

Councilman Holpp reported on a trip to Washington taken by members of the utility Committee and the City Manager to speak with Congressman McDowell and others on the problem of the St. Jones River. Apparently some Federal assistance with the problem could be made available but some agency or authority must be formed on a district or county level to deal with the Federal Government. The Utility Committee will pursue the project.

LEAGUE OF CITIES

A convention of the National League of Cities is being held in Detroit Michigan, from July 24 to 28, 1965. Mayor Carroll stated he plans to attend, and asked the Councilmen to lot the Clerk know if any wished to attend.

CAPITAL GREEN PETITION

A petition was presented to Council which was signed by many of the residents of the Capitol Green area asking that a playground be established and equipped in that area. On motion of Mr. Hayes, seconded by Mr. Harris, the petition was referred to the committee on Parks and Playgrounds.

Council adjourned at 10:25 P.M.

                                                                        City Clerk

All ordinances, orders and resolutions adopted by City Council at its meeting of June 28, 1965 are hereby approved.

Crawford J. Carroll

                                                                        Mayor

June 30, 1965