REGULAR MEETING
The Regular Meeting of Council was held on August 11, 1980 at 7:30 p.m. with Mayor McDonough presiding. Members present were Messrs. Bewick, Weyandt, Boaman, Hardcastle, Carey, Witt, Carson and Richter.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS
Mr. Carey requested an additional agenda item to consider permission for parking on the Dover Leipsic Road and Persimmon Tree Lane during the auto race to be held at Dover Downs on September 12, 13 and 14, 1980.
MINUTES
The Minutes of the Regular Council Meeting of July 28, 1980 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Bewick and bore the written approval of Vice-Mayor Hardcastle.
ORDER OF SUCCESSION - ABSENCE OF MAYOR AND VICE-MAYOR
Mayor McDonough informed Council that he, along with Vice-Mayor Hardcastle, will be absent on September 8, 9 and 10, 1980. He requested Council’s consideration of who would chair the September 8, 1980 Regular Council Meeting and other meetings in the case of a reoccurrence of their absence.
Informing Mayor McDonough of discussions with other Council members, it was decided that the chairman of the Legislative and Finance Committee should chair all meetings whenever the Mayor and Vice-Mayor are absent simultaneously.
Mr. Weyandt moved that the chairman of the Legislative and Finance Committee be designated as the chairperson for Council Meetings in any case of the aforementioned. The motion was seconded by Mr. Carey and unanimously carried.
ORDINANCE ENFORCEMENT - CITY OF DOVER PARKS
Chief Klenoski informed Council that during the last 18 days of July, his department made 24 arrests for consumption of alcoholic beverages, 79 parking arrests, 15 speeding arrests and 5 arrests for swimming after hours at Silver Lake. This stepped-up enforcement attempt was in conjunction with a request by Councilman Witt who cited frequent violations in the park areas.
Mayor McDonough questioned the necessity of issuing tickets to persons who park on the grass areas, especially during special events where adequate parking may not be available.
Chief Klenoski stated that a statewide tournament was held in the City of Dover Parks and Recreation area recently and there was adequate parking on the paved areas, alleviating the necessity of parking on the grass.
For the purpose of clarification, Mr. Witt stated that his former remarks on the Council floor related to violations of park rules and regulations by a softball tournament in progress during one of his visits to the park. The problems he observed were not related to local residents.
Responding to Mr. Witt, Chief Klenoski and Mr. Hodge stated that groups of persons requesting use of the park or park areas are furnished copies of the rules and regulations at the time of the application. Chief Klenoski stated that through this notification, highlighting the regulations restricting the use of alcoholic beverages, there were no violations during a recent softball tournament.
Reiterating his former suggestions to assist in preventing park violations, Mr. Witt moved to initiate the following items:
1. Rules and regulations be dispersed to groups using the park areas
2. Park personnel to be available for monitoring special functions during off hours
3. Utility poles installed to block entrance of vehicles that park on the grass areas
4. A method devised to block the park entrance after hours
5. Posting of rules in appropriate areas throughout the park
Mr. Bewick felt that at least three of the items mentioned in Mr. Witt’s suggestions are being covered through enforcement by the Police Department.
Mayor McDonough suggested that all five suggestions be considered by the Parks and Recreation Committee, with a reference report to be included in the next Parks and Recreation Committee minutes.
On a call for the question by Mr. Weyandt, Mr. Witt’s motion was carried.
GUARDRAILS - WHITEOAK AND NIMITZ ROADS
Mr. Witt reported a telephone call from a property owner living near the intersection of Whiteoak Road and Nimitz Road who has experienced several near-misses to his property due to the construction and paved surface of Whiteoak Road. He suggested that guardrails be installed to prevent any reoccurrence of possible mishaps and that the City Manager write a letter to the State Highway Department requesting some preventive maintenance on the road and the installation of guardrails that would deflect any type of moving vehicle, preventing damage to residential property. In addition, request a time-table criteria from the State for improvement to the roadway. The aforementioned was in the form of a motion, seconded by Mr. Weyandt.
Mr. Carson advised Council of his personal inspection of Whiteoak Road, feeling that the general condition and maintenance of the roadway is in good shape and adequate to handle the present traffic.
On a call for the question, Mr. Witt’s motion was carried by a vote of six (6) yes, two (2) not voting (Mr. Carson and Mr. Bewick).
PUBLIC HEARING - REZONING - PROPERTY LOCATED ON ROUTE #8 & COUNTY ROAD #104 - RESTON BUILDING & DEVELOPMENT CO. AND L & N - DOVER, INC.
A public hearing was duly advertised for this time and place to consider rezoning property located on Route #8 and County Road #104 (Dover Kenton Road), owned by Reston Building and Development Co. and L & N - Dover, Inc. Mayor McDonough declared the hearing open.
Mr. Richard Longo of Hillcrest Association, Professional Planners, was present stating that the original request was to rezone 65.68+ acres of land to R-8 and 41.59+ acres of land to RG-4. After consideration by the Planning Commission, it was suggested by that body that the 41.59+ acres be zoned RG-2. Mr. Longo stated his organization’s satisfaction with this decision.
Questioned by members of Council on drainage problems with certain areas of the proposed development, Mr. Roe stated that this item will be closely scrutinized by the City staff, his office and other interested parties and will be finalized in a public hearing for Site Approval.
Questioned by Mr. Bewick on adequate right-of-way for Route #8, Mr. Roe stated that he was confident that the Planning Commission would not allow exits and entrances from the single family homes. Traffic generated by the development will be handled through a collector street within the development.
Mr. Bewick suggested that a requirement of 50', in addition to the 40' dedication of right-of-way, be considered during the deliberations of the Planning Commission.
Mr. Roe stated that a member of the Highway Department is represented as a member of the Advisory Staff. It was his feeling that the Highway Department would require an impact study on the traffic generated by the development.
Mayor McDonough declared the hearing closed.
By motion of Mr. Weyandt, seconded by Mr. Boaman, Council unanimously 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 STATE ROUTE #8 AND KENTON ROAD (COUNTY ROAD #104).
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 R-8 and RG-2.
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 R-8 (65.58+ acres) and RG-2 (41.59+ acres) on that property located on State Route #8 and Kenton Road (County Road #104), owned by Reston Building & Development Co. and L & N - Dover, Inc.
ADOPTED AUGUST 11, 1980
REZONING REQUEST - PROPERTY WEST SIDE OF SAULSBURY ROAD, SOUTH OF WALKER ROAD AND NORTH OF ROUTE #8- NEDA P. BIGGS & MARGARET FITZPATRICK
A request was received to rezone property located on the west side of Saulsbury Road, south of Walker Road and north of Route #8, owned by Neda P. Biggs and Margaret Fitzpatrick. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Boaman, seconded by Mr. Hardcastle, Council unanimously adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located on the west side of Saulsbury Road, south of Walker Road and north of Route #8 are presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance 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 in City Hall on September 22, 1980 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to M that property located on the west side of Saulsbury Road, south of Walker Road and north of Route #8, owned by Neda P. Biggs and Margaret Fitzpatrick.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED AUGUST 11, 1980
CORRESPONDENCE
Request for Trailer Installation - Dover Leipsic Road - Carl L. Moore
A letter was received from Mr. Carl L. Moore, requesting permission to install two trailers on lots located on the Dover Leipsic Road.
Questioned by Mr. Weyandt, Mr. Roe stated that he has discussed the request with Mr. Moore several times and conveyed to him during these meetings the Code restrictions that requires a plot of land at least 5 acres in area to qualify for a mobile home park. Mr. Moore’s property does not meet this criteria.
Mr. Bewick moved that the City Clerk advise Mr. Moore, by letter, that the City of Dover will not waive their normal zoning requirements on his property. The motion was seconded by Mr. Richter and unanimously carried.
PARKING OF VEHICLES ON PRIVATE PROPERTY - DOVER LEIPSIC ROAD - DURING DOVER DOWNS RACE
Mr. Carey moved that Council approve special permission for property owners along the Dover Leipsic Road and Persimmon Tree Lane, in close proximity to Dover Downs, to allow parking on their property during races, specifically the 500 CRC Race, to be held on September 12th, 13th and 14th. The motion was seconded by Mr. Richter.
Mr. Roe informed Council of certified letters mailed to residents in the area prior to a former race. The residents were advised of zoning restrictions that prohibit commercial operations in a residential area and possible enforcement by the City of Dover Police.
Mr. Roe stated that if Council approval was anything but a very limited, special permit, perhaps properties in mention should be rezoned to neighborhood commercial or a category that would allow this type of function on a limited basis. It was his feeling that Council would be setting a very bad precedent to permit continued use of the properties for parking during every scheduled race at Dover Downs. Other residents in the area who do not participate in this type of activity have ht right to be protected by the Zoning Code of the City of Dover.
Mr. Boaman stated that his idea for rezoning the properties would initiate a public hearing where input could be derived from all property owners of the area and perhaps resolve the question for the future rather than bend the present ordinance for continued special permits.
Mr. Carey informed Council that there are many acres of fields in close proximity to the properties in question that are outside of the City limits, where parking is permitted and the City of Dover has no jurisdiction.
It was noted that any charge for parking levied by the property owners would be in direct violation of the ordinances. Allowing friends to utilize property in the area would not be a violation.
It was generally conceded by Council that if special permission is granted, parking fees would be charged by a portion of the property owners.
Mr. Boaman moved to amend Mr. Carey’s motion, permitting the property owners to charge for parking on the specific dates of September 12th, 13th and 14th of 1980 and not for any future race at Dover Downs. The motion was seconded by Mr. Richter. It was stipulated that permission to park automobiles on private property and to levy a charge did not necessarily mean that permission is granted for vendors of the various categories.
On a call vote the question by Mr. Hardcastle to vote on Mr. Boaman’s amendment, the amendment was approved with Mr. Weyandt and Mr. Bewick voting no.
The vote on Mr. Carey’s main motion to permit parking on September 12, 13 and 14, 1980 approved special permission for parking of cars with Mr. Weyandt and Mr. Bewick voting no.
Mr. Weyandt moved for adjournment, seconded by Mr. Witt and unanimously carried.
Meeting Adjourned at 8:35 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of August 11, 1980, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
August 18, 1980
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