CCW MINUTES AND ATTACHMENT

COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole Meeting was held by video conference on February 9, 2021 at 6:01 p.m., with Council President Hare presiding. Members of Council present via video or telephone were Mr. Anderson (arrived at 6:02 p.m.), Mr. Sudler (arrived at 6:01 p.m.), Mr. Neil, Mr. Slavin, Mr. Rocha, Mr. Taylor, and Mr. Lindell. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Caldwell (arrived at 6:32 p.m.) and Col. Dix, Retired, (Parks, Recreation, and Community Enhancement), and Ms. Maucher (Utility). UTILITY COMMITTEE The Utility Committee met with Council President Hare presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. Evaluation of Bids - Directional Boring Contract (Actionable Item) Mr. Paul Waddell, Electric Director, reviewed the background and analysis regarding the evaluation of bids for Directional Boring. Staff recommended awarding the #21-0016EL Directional Boring Contract to Joseph R. Smith Inc. for three years with a City option to extend it an additional two years (five years total) as per the pricing included in the bid submittal. Responding to Ms. Maucher, Mr. Waddell stated that they contacted eight different companies directly for the contract. He noted that they did receive read receipts back and gave the companies all the instructions, but for some reason they did not have a lot of responses. Ms. Maucher stated that she did not know if there was something in the packet, but that there needs to be some guidance for contractors to be able to bid on them. Responding to Mr. Neil, Mr. Wadell stated that he was not aware of any major shakeups in the industry that would preclude any of the companies from trying to get the City’s business. He noted that the bid documentation was included in the RFP. Mr. Waddell advised that they had three prospective bidders, but when the deadline came they only received one compete package. Mr. Waddell advised that they do not utilize the contracts for Master Electrician and the Underground Linework very often. He noted that they try, as an electric utility, to be self-sufficient and keep the Staff proficient in overhead and underground linework. Mr. Waddell stated that they did utilize overhead contractors in August with Hurricane Isaias to help them with the recovery. Mr. Neil moved to recommend awarding #21-0016EL Directional Boring Contract to Joseph R. Smith Inc. for three years with a City option to extend it an additional two years (five years total) as per the pricing included in the bid submittal, as recommended by Staff. The motion was seconded by Ms. Maucher and unanimously carried.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF FEBRUARY 9, 2021 PAGE 2 Evaluation of Bids - Master Electrician Contract (Actionable Item) Mr. Paul Waddell, Electric Director, reviewed the background and analysis regarding the evaluation of bids for Master Electrician. Staff recommended awarding the #21-0017EL Master Electrician Contract to All State Electrical Services for three years with a City option to extend it an additional two years (five years total) as per the pricing included in the bid submittal. Responding to Mr. Neil, Mr. Waddell advised that the information provided by the company did not indicate if they identified as a minority operated company. (City Clerk’s Office Note: Subsequent to the meeting, Mr. Paul Waddell, Electric Director, provided the following information regarding the Master Electrician Contract: There was no data submitted in the bid package to claim they were a minority or woman owned business and I could not find them listed on the State of Delaware's website stating they were either. The bid package was sent to a business with an active OSD number to ensure that the bid process meets the requirements as laid out in the Purchasing Policy, Appendix F.) Mr. Neil moved to recommend awarding the #21-0017EL Master Electrician Contract to All State Electrical Services for three years with a City option to extend it an additional two years (five years total) as per the pricing included in the bid submittal. The motion was seconded by Ms. Maucher and unanimously carried. Evaluation of Bids - Underground Linework Contract (Actionable Item) Mr. Paul Waddell, Electric Director, reviewed the background and analysis regarding the evaluation of bids for Underground Linework. Staff recommended awarding the #21-0019EL Underground Linework Contract to Joseph R. Smith Inc. for three years with a City option to extend it an additional two years (five years total) as per the pricing included in the bid submittal. Responding to Ms. Maucher, Mr. Waddell stated that the grading scale for the contractors was zero to 75. Responding to Mr. Neil, Mr. Waddell stated that they create the contract, but they do not have to pay the contractor unless they use their services. Mr. Neil moved to recommend awarding the #21-0019EL Underground Linework Contract to Joseph R. Smith Inc. for three years with a City option to extend it an additional two years (five years total) as per the pricing included in the bid submittal. The motion was seconded by Ms. Maucher and unanimously carried. Mr. Neil moved for adjournment of the Utility Committee meeting, seconded by Mr. Rocha and unanimously carried. Meeting adjourned at 6:16 p.m.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF FEBRUARY 9, 2021 PAGE 3 PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. Update on Comprehensive Rezoning 2021 Project (Informational Item) Mrs. Dawn Melson-Williams, Principal Planner, reviewed a presentation titled “Update on Comprehensive Rezoning 2021 Project” (Attachment #1). Responding to Mr. Neil, Mr. David Hugg, Director of Planning and Community Development, and Mrs. Melson-Williams provided the following information: • The plan listed on the City’s website will be interactive and participants will be able to see the map, texts and interact with the department. • There is no cost to a property owner who is going through the rezoning process. There is no application fee or anything of that nature. • A lot of the changes in zoning that they are seeing are minimal or good impact to the property owner and the changes will make the zoning and the land use more cohesive for property owners. It may be easier for property owners to ensure that the right activities are happening on a parcel and that these are ones that they have an opportunity to interact with Staff and have a discussion about what that proposed zoning classification should be. • They hope to make the plan as interactive as they can with the City's website. Currently, the City's parcel and zoning viewer allows that interaction to look at what the zoning of a property is. They hope to work with the GIS Staff in making something similar, either a zoning viewer, or some of the technology used during GIS Day with a hub site that allows for that interaction. • They are reminded that not everyone has a computer, so they are trying to make sure that they still get paper copies to the public, as well as opportunities to view maps in person. Mr. Anderson asked if the property owner had to consent to the rezoning of their property. Responding, Mrs. Melson-William stated that property owners have the opportunity to participate in the process and that they are given notice. She stated that they can certainly provide comments if they disagree with the rezoning and that will be taken into consideration. Mrs. Melson-Williams advised that it is a formal hearing and review process, so it is not dictated until there is action taken to adopt an ordinance to make the change. Responding to Mr. Anderson regarding non-conforming uses, Mrs. Melson-Williams advised that in some cases with non-conforming uses, some of this will actually help with that scenario. She noted that there are some zonings that they are recommending changes for that will help non-conforming issues. Mr. Sudler asked in regard to Institutional and Office Zonings what does the City’s growth look like around downtown Dover and surrounding areas. Responding, Mrs. Melson-Williams stated that she did not want

COUNCIL COMMITTEE OF THE WHOLE MEETING OF FEBRUARY 9, 2021 PAGE 4 to focus on one specific property because there was currently an application for a Comprehensive Plan Amendment and rezoning being processed. Mr. Hugg advised that they were seeing a renewed interest in some of the older industrial sites in the City. He noted that they have a couple of sites that they have shown to prospects. In some cases, the zoning will be looked at to make sure that they are in fact usable and suitable sites for particularly industrial users. Mr. Sudler expressed concern regarding properties that are zoned in ways that are not beneficial to the community or economically prosperous for the City. He asked what the determining factor was for the City to change the IO zoning. Responding, Mr. Hugg noted that one of the steps in that process is to look at what the potential land development designation was and ask if it was the proper designation and if the area was appropriate for that particular land use. He noted that this is a reaffirmation process. Mr. Hugg stated that is something they will look at and if the land development plan map amendment is necessary, that can be done as well. Responding to Mr. Randy Robertson, City Manager, Mrs. Melson-Williams stated that the letters sent to the property owners will be sent using the United States Postal Service. She noted that one of the first steps is a letter of introduction of the Comprehensive Rezoning Project to the property owners whose property has been identified for rezoning. Mrs. Melson-Williams stated they are working to put together a package that explains what she has reviewed during the meeting and the presentation will be posted on the City’s website as an instructional piece. She advised that this is the initial step as part of the requirements for the formal review process. There will be another written notice that must be provided to Planning and to the property owners whose properties are proposed for rezoning. Mr. Robertson expressed his concerns regarding possible blow back from adjoining property owners. He asked if Planning Staff was going to be notifying the peripheral or the adjoining property owners. Responding, Mrs. Melson-Williams stated that the zoning ordinance does not require them to notify the adjacent property owners with this comprehensive rezoning amendment to a zoning map because it is in the specialized process. She advised that the ordinance does increase the number of newspaper notifications and it still retains the requirement that they have to notify the property owner. She noted that the public will have to pay attention to other things that are going on to see what is going on with their neighboring property. Mrs. Melson-Williams advised that it puts a little bit of a burden on Planning Staff to get the word out in various ways and to try to share that information. Responding to Mr. Robertson, Mrs. Melson-Williams stated that they do this update every 10 years. Mr. Sudler concurred with Mr. Robertson. He noted that it was better to be more proactive than reactive and that they can afford to notify the adjacent property owners. He encouraged the Planning Department to consider Mr. Robertson’s idea. Mr. Neil moved for adjournment of the Parks, Recreation, and Community Enhancement Committee meeting. The motion was seconded by Mr. Slavin and unanimously carried. Meeting adjourned at 6:54 p.m.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF FEBRUARY 9, 2021 PAGE 5 Mr. Sudler moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mr. Anderson and unanimously carried. Meeting adjourned at 6:54 p.m. William F. Hare Council President WFH/TM/jt S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\2021\02-09-2021 CCW MINUTES.wpd Attachments Attachment #1 - Presentation entitled "Update on Comprehensive Rezoning 2021 Project"

ATTACHMENT #1 Council Committee of the Whole Meeting of February 9 2021 UPDATE ON COMPREHENSIVE REZONING 2021 PROJECT CITY OF DOVER, DELAWARE FEBRUARY 9, 2021

Formal Review Process Activities 2019  Review and Public Hearing with COMPREHENSIVE Planning Commission on December 16, 2019; Recommended Adoption PLAN  Review and Public Hearing with City Council on January 13, 2020  Adopted January 13, 2020 by City Council  Certified by Governor as of January 13, 2020

Chapter 15 – Implementation Plan IMPLEMENTATION  Immediate Actions (2019- OF 2019 2020)  On-going Activities COMPREHENSIVE  Short Term Implementation PLAN (2019-2021)  Intermediate Implementation (2022-2025)  Long Term Implementation (2025 and beyond)

COMPREHENSIVE REZONING 2021 PROJECT DATA ANALYSIS Compare Land Development Plan Map and Zoning Map • Land Use Category • Zoning Classification Utilize GIS (Geographic Information System) technology • ArcGIS Analysis of Results by Planning Staff

COMPREHENSIVE REZONING 2021 PROJECT MAPS TO COMPARE  Map 12-1: Land Development Plan Map  City’s Official Zoning Map  Shows Land Use  Shows Zoning Districts Category

COMPREHENSIVE REZONING 2021 PROJECT COMPATIBILITY ANALYSIS – TABLE 12-1: LAND USE AND ZONING MATRIX Land Use Category Zoning District R-20 (One Family Residence) R-15 (One Family Residence) Residential Low Density R-10 (One Family Residence) R-8 (One Family Residence) R-7 (One Family Residence) C-1 (Neighborhood Commercial) C-1 (Neighborhood Commercial) C-1A (Limited Commercial) C-2 (Central Commercial) Commercial - Low Intensity C-2A (Limited Central Commercial) RGO (General Residence and Office) CPO (Commercial and Professional Office) IO (Institutional and Office) ROS (Recreational and Open Space) Open Space RC (Recreational and Commercial)

COMPREHENSIVE REZONING 2021 PROJECT PRELIMINARY FINDINGS  Identified 160+ Parcels for Rezoning  ~60 Unique Property Owners  Types of Rezoning Situations  ~100 Properties for Rezoning to ROS (Recreation and Open Space Zone) to match Land Use Category of Open Space, Conservation and Recreation  Zoning and Land Use Incompatibilities  Split-zoned Properties

Letters to Property Owners COMPREHENSIVE REZONING 2021 PROJECT Informational Sessions PUBLIC • Virtual Meetings on February 23rd OUTREACH • 10:00am & 2:00pm & 7:00pm • WebEx

Map Displays COMPREHENSIVE Project Page on Website REZONING 2021 PROJECT • www.cityofdover.com PUBLIC Contact Planning Office Staff OUTREACH • Phone: (302) 736-7196 • Email: compplan@dover.de.us

COMPREHENSIVE REZONING 2021 PROJECT NEXT STEPS  Amendments to Comprehensive Plan Comprehensive Rezoning  Companion Project  Outreach on Preliminary Findings for  Plan Text – Revisions to Land Rezonings Use and Zoning Matrix  Formal Public Notice  Amendments to Land Development Plan Map  Formal Review & Public Hearings  Requires PLUS Review Submission  Planning Commission in May 2021  Formal Review & Public Hearings  City Council in June 2021

COMPREHENSIVE REZONING 2021 PROJECT Planning for a Bigger, Better Dover! www.cityofdover.com compplan@dover.de.us Planning Office at 736-7196