Regular Council Packet MM - REVISED

CITY OF DOVER, DELAWARE REGULAR CITY COUNCIL MEETING Monday, March 22, 2021 at 7:30 PM Virtual via WebEx AGENDA VIRTUAL MEETING NOTICE This meeting will be held electronically. Public participation information is as follows: Dial: 1-408-418-9388 Link: https://rb.gy/47vwmw Event number: 129 585 8478 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. INVOCATION - Mayor Christiansen PLEDGE OF ALLEGIANCE - Councilman Anderson ADOPTION OF AGENDA ADOPTION OF CONSENT AGENDA All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. CONSENT AGENDA ADOPTION OF MINUTES 1. Regular Council Meeting of March 8, 2021 COMMITTEE REPORTS 2. Economic Development Committee Report - February 9, 2021 D Page 1

REGULAR CITY COUNCIL MEETING - March 22, 2021 PAGE 2 COMMITTEE REPORTS (Continued) 3. Council Committee of the Whole Report - March 9, 2021 Legislative, Finance, and Administration Committee 4. Evaluation of Proposals - Roof And Gutter Replacement at Weyandt Hall (Committee recommendation: Award the Roof and Gutter Replacement at Weyandt Hall to Quality Exteriors, INC. as per the proposal submitted in response to RFP #21- 022FM) 5. Proposed Ordinance #2021-06 Amending Chapter 102 – Taxation, Article IV – Abatement of Real Estate Taxes, Section 102-113 – 4 Qualifications, (b)(2) – Qualifying Industry/Businesses by Investment (Committee recommendation: Adoption of Ordinance #2021-06) (See item #14) 6. Membership – National Community Reinvestment Coalition (Committee recommendation: That the City Manager and Assistant City Manager review the membership and proceed with joining) Parks, Recreation, and Community Enhancement 7. Silver Lake Kayak Launch Project (Committee recommendation: Approval of the plan for the kayak launch area, as recommended by Staff) 8. Annual Report from Silver Lake Commission 9. Update on the Request to Delaware Congressional Delegation Regarding Disposition and Maintenance of Wetland Pond Adjacent to Pat Lynn Drive at the Site of the Proposed New Middle Schools 10. Presentation - Bayhealth Hospital - Strategic Facilities Master Plan (Mr. John Van Gorp, Bayhealth Senior Vice President of Planning and Business Development) 11. Presentation - Strategic Framework for Community and Economic Development (Ms. Georgeanna Windley) ITEMS NOT ON THE CONSENT AGENDA 12. Dissolution of the Agreement for the Transportation Improvement District (Staff recommendation: Authorizing the City Manager to execute the proposed Agreement of Dissolution) D Page 2

REGULAR CITY COUNCIL MEETING - March 22, 2021 PAGE 3 ITEMS NOT ON THE CONSENT AGENDA (Continued) 13. Disposition of City property – Transfer of Property to the State of Delaware (Staff recommendation: Authorizing the City Manager to execute an Agreement with the State and to execute a deed of transfer as set forth) ORDINANCES FIRST READING - PROPOSED ORDINANCE #2021-06 First Reading is offered on the Proposed Ordinance. Final action by Council will take place during the Second Reading on April 12, 2021. The ordinance is available on the City's website at www.cityofdover.com under "Government," or by contacting the City Clerk's Office at 736-7008 or cityclerk@dover.de.us. 14. Ordinance #2021-06 Amending Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, Section 102-113 - Qualifications, (b)(2) - Qualifying Industry/Businesses by Investment. REZONING REQUEST - FIRST READING OF PROPOSED ORDINANCE #2021-07 The First Reading is offered on the Proposed Ordinance. It is recommended for referral to the Planning Commission for a public hearing on April 19, 2021 and that a Public Hearing before City Council be set for May 10, 2021 at 7:30 p.m., at which time the Final Reading and Council action will take place. The ordinance is available on the City's website at www.cityofdover.com under "Government" or by contacting the City Clerk's Office at 736-7008 or cityclerk@dover.de.us. 15. Ordinance #2021-07 - Lands of Silver Linings Holding Corporation at 630 West Division Street Review of Rezoning Application for a parcel of land consisting of 1.0853 acres (47,275.3 SF). The properties are zoned C-3 (Service Commercial Zone) subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning is C-2A (Limited Central Commercial Zone) subject to the COZ-1 (Corridor Overlay Zone). The property is located on the south side of West Division Street and opposite the intersection with Ridgely Street. (Property Owner: Silver Linings Holding Corporation c/o Tolano Anderson. Property Address: 630 West Division Street. Tax Parcel: ED-05-076.08-01-40.01-000. Planning Reference: Z-21- 03. Council District 4.) CITY MANAGER’S ANNOUNCEMENTS COUNCIL MEMBERS’ ANNOUNCEMENTS ADJOURNMENT THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING D Page 3

D Item #1. REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held by video conference on March 8, 2021 at 7:30 p.m. with Council President Hare presiding. Council members present via video or telephone were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Rocha, Mr. Taylor, and Mr. Lindell. Staff members present via video or telephone were Police Chief Johnson, Ms. Peddicord, Mr. Robertson, Mr. Hugg, Mr. Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present. INVOCATION The invocation was given by Councilman Sudler. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council President Hare. ADOPTION OF AGENDA Mr. Sudler moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried. ADOPTION OF CONSENT AGENDA All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Lindell and carried by a unanimous roll call vote. PROCLAMATION - WOMEN’S “HERstory” (HISTORY) MONTH The City Clerk read the following Proclamation into the record: WHEREAS, this year's theme: "Valiant Women of the Vote: Refusing to Be Silenced" celebrates the historic achievement in granting women the right to vote and honor those who shaped America's history and its future through their public service and government leadership. Our history is filled with examples of the unfailing bravery of women in America who have made vital contributions in the face of discrimination and hardship; and WHEREAS, often overlooked and undervalued, collectively women have influenced our public policy and the building of viable institutions and organizations. They led the way in establishing a stronger and more democratic country by advocating basic human rights to ensuring access and equal opportunity for all Americans; and D Page 4

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 2 WHEREAS, Women as public leaders succeeded against great odds and the diversity of their experiences demonstrates both the challenges and the opportunities women in public service have faced. During the pandemic, women continue to lead from vaccine researchers, public health officials, educators, and countless heroines on the front lines. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim March 2021 as Women's "HERstory" (History) Month in the City of Dover and encourage all residents to honor and recognize the vital contributions made by women. Dedicated to the women who have served on City Council: Ester Frear, Goldie Legates, Holly Malone, Beverly Williams and Sophia Russell and our newest member, Tricia Arndt. ANNEXATION/REZONING OF PROPERTY LOCATED AT 228 MIFFLIN ROAD, OWNED BY DEBORA G. HANSEN Mr. David Hugg III, Director of Planning and Community Development, reviewed the Petition to Annex and Rezone property located at 228 Mifflin Road. The Planning Commission recommended the annexation of the property with the zoning designation of R-8 (One-Family Residence), as submitted. Public Hearing - Zoning Classification Members considered a request for the rezoning of property proposed for annexation located at 228 Mifflin Road, consisting of 0.6087+/- acres, owned by Debora G. Hansen. This property is currently zoned RS-1 - Residential Single Family (Kent County Zoning Classification) and the proposed zoning is R-8 (One Family Residence and subject to SWPOZ (Source Water Protection Overlay zone)(City of Dover Zoning Classification). (Tax Parcel: ED-00-076.14-01-08.00-000; Planning Reference: AX-21-01; Council District 1) A public hearing was duly advertised for this time and place to consider the rezoning of property located at 228 Mifflin Road, owned by Debora G. Hansen. Council President Hare declared the public hearing open. Ms. Debora G. Hansen, 228 Mifflin Road, advised that she requested annexation in order to receive City services. There being no one else wishing to speak, Council President Hare declared the public hearing closed. Adoption of Annexation Resolution No. 2020-15 Members considered Annexation Resolution No. 2020-15 for property located at 228 Mifflin Road, owned by Debora G. Hansen. D Page 5

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 3 By motion of Mr. Neil, seconded by Mr. Rocha, Council, by a unanimous roll call vote, adopted Resolution No. 2020-15, as follows: A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER. WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City in accordance with Title 22, Chapter 1, Section 101 of the Delaware Code (22 Del.C.§ 101); and WHEREAS, the Mayor and Council deem it to be in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described, within the limits of the City of Dover; and WHEREAS, the Charter of the City of Dover provides that if an annexation is petitioned by all owners of all property considered for annexation, no election shall be required. For an annexation petition not requiring an election, such petition shall be processed in accordance with procedures established for amendments to the zoning map, specified in Dover Code, Appendix B - Zoning. All annexation petitions shall be processed concurrently with the rezoning of the property considered for annexation and shall be subject to public hearing before City Council. Public notice shall be completed in accordance with the provisions of the Dover Code relating to amendment of the zoning map. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, along with all adjacent paths, sidewalks, roadways, and rights-of-way in their entirety, shall be annexed to and included within the limits of the City of Dover: All that certain parcel of land situated in the subdivision known as Atlantic Land C. Development, East Dover Hundred, Kent County, State of Delaware, being a major portion of Lot #14 as shown on a plan recorded in Plot Book #3, Page 157, being more recently shown on a plan of Elliot Surveying Dated 06/04/1988, said plan being an integral part hereof, said lot lying on the westerly side of Mifflin Road 60 ft. wide and being bounded as follows: On the North by Lands now or late of Ralph C., Sr. and Dorothy S. Jones on the East by Mifflin Road, on the South by Lands now or late of Jeff Daniels, Jr., and Audrey O. Daniels, and on the West by Lands now or late of Eugene B. Gagen; being more particularly described as follows: Beginning at a point on the westerly side o Mifflin Road a corner for the lot and Lands of the said Daniels said point being a found iron pipe located on the following two courses and distances, as per the above noted Record Plan, from the intersection of the "Old" North Line of County Road #73 with the westerly line of Mifflin Road, said courses as measured along D Page 6

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 4 the said side of Mifflin Road: (1) North 9 degrees 30 minutes West 358.1 feet, thence, (2) By the arc of a circle curving to the left R=1116.3 feet a distance of 441.9 feet to a point, the point of beginning; thence from the said point of beginning the following six courses and distances: (1) South 65 degrees 35 minutes west 300 feet measured along line of the said Daniels Land to a point a found iron pipe in line of lands of the said Gagen, thence with the same, (2) North 24 degrees 25 minutes West 88.10 feet to a point a found iron pipe a corner for land of the said Jones, thence with the same, (3) North 65 degrees 35 minutes East 187.15 feet to a point, thence, (4) North 58 degrees 45 minutes East 100 feet to a point a found iron pipe on the westerly side of Mifflin Road, thence with the same, (5) South 32 degrees 16 minutes 30 seconds East 98.90 feet to a point, thence with the same, (6) By the arc of a circle curving to the right R=1116.3 feet a distance of 1.90 feet to a point beginning. Containing within said metes and bounds 0.6087 acres of land more or less, and being #228 Mifflin Road. 2. That the above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs then in force, effective upon such lands being included within the limits of the City of Dover. 3. That the certified copy of this resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County. 4. That the effective date of this resolution shall be the 9th day of March, 2021 at 12:01 a.m. ADOPTED: MARCH 8, 2021 Final Reading/Adoption of Rezoning Ordinance #2020-17 Members considered Ordinance #2020-17, rezoning property located at 228 Mifflin Road, owned by Debora G. Hansen. Mr. Neil moved that the Final Reading of Ordinance #2020-17 be acknowledged by title only, seconded by Mr. Rocha and unanimously carried. (The First Reading of the ordinance was accomplished during the Council Meeting of December 14, 2020.) Mr. Neil moved for approval of the rezoning, as recommended by the Planning Commission. The motion was seconded by Mr. Taylor and, by a unanimous roll call vote, Council adopted Ordinance #2020-17, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 228 MIFFLIN ROAD WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and D Page 7

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 5 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RS-1 - Residential Single Family Zone (Kent County zoning classification) to R-8 - One Family Residence Zone and subject to SWPOZ - Source Water Protection Overlay Zone (City of Dover zoning classification). 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 have been amended by changing the zoning designation from RS-1 - Residential Single Family Zone (Kent County zoning classification) to R-8 - One Family Residence Zone and subject to SWPOZ - Source Water Protection Overlay Zone (City of Dover zoning classification) on that property located at 228 Mifflin Road, consisting of 0.6087 +/- acres, owned by Debora G. Hansen. (Tax Parcel: ED-00-076.14-01-08.00-000; Planning Reference: AX-21-01; Council District: 1) ADOPTED: MARCH 8, 2021 PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2021-01 - AMENDING THE 2019 COMPREHENSIVE PLAN BY REPLACING MAP 12:1: LAND DEVELOPMENT PLAN MAP A public hearing was duly advertised for this time and place to consider Proposed Ordinance #2021-01 which would amend the 2019 Comprehensive Plan by amending Map 12:1: Land Development Plan Map by changing the designated Land Use Classification of 1205 McKee Road from Office to Commercial Low Intensity. (Property Owner: College Towers LLC and equitable owner Two Farms, LLC; Property Address: 1205 McKee Road; Tax Parcel: ED-05-067.00-02-51.00-000; Planning references: MI-21-01A and Z-21-01; Rezoning Ordinance #2021-04). Mr. Lindell moved that the Final Reading of Proposed Ordinance #2021-01 be acknowledged by title only, seconded by Mr. Rocha and unanimously carried. (The First Reading of the ordinance was accomplished during the Council Meeting of January 25, 2021.) Planner's Review Mr. David Hugg, Director of Planning and Community Development, reviewed the Proposed Amendment to Map 12:1: Land Development Plan Map of the 2019 Comprehensive Plan. He noted that the Planning Commission recommended approval of the map amendment. Mr. Hugg advised members that a valid petition had been filed as a part of this process; therefore, action by City Council will require a 3/4ths affirmative vote for approval. D Page 8

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 6 Public Hearing Council President Hare declared the public hearing open. Mr. Jonathan Street of the Becker Morgan Group, 309 South Governors Avenue, was present representing the landowner. He advised that the property, which has a commercial low-intensity land use designation, has sat vacant for some time. Mr. Street described the surrounding area to the South and East as some commercial, some institutional, and some office land uses. He noted that it would not set a precedent by changing this land use to a commercial low-intensity use. Mr. Street noted that his client had a plan and a developer who was willing to develop this piece of property. He requested that the land use be changed to commercial low-intensity in order to facilitate that development. Responding to Mr. Sudler, Mr. Constantine Malmberg, representing the future developer, advised that the proposed use of the property was a Royal Farms. He noted that the corner had been vacant for the better part of two decades. Mr. Malmberg stated that the current land use designation is Office; however, it is a commercial corner by any understanding of the way land develops. Mr. Malmberg stated that the advent of the POW/MIA highway feeding into Camden has made this area a significant commercial corridor and leaving it vacant was not a pro-economic development kind of use for the property. Mr. Malmberg advised that the state planning office had no objection to the proposed change in the Comprehensive Plan and noted that all infrastructure necessary for this use was in place. The Development Advisory Committee (DAC) had no objections and similarly noted that all infrastructure necessary for commercial development was in place. The planning staff supported the proposed amendment, as well as the rezoning. Mr. Malmberg reiterated that the Planning Commission unanimously supported the proposal. Referring to the petition that was received, Mr. Malmberg stated that Mr. Patel, who has the liquor store and closed grocery store on the opposite corner, objected to the amendment and got several of his neighbors to sign his petition although his property has the same zoning that they were requesting at the same intersection. He suggested that competition across the street was not a reason to grant or deny a Comprehensive Plan amendment or a rezoning request. Mr. Malmberg advised that the concern with increased traffic that was raised by Westminster and Mr. Patel in his petition was not a real concern, noting that it has become much more busy since the POW/MIA Parkway was completed, but that traffic is not going to be exacerbated by this use. He stated that he was sure that by the time they got through the site plan requirements they will probably aid in the traffic flow through that intersection. Mr. Malmberg advised that the proposed use of this property would serve the existing traffic more than drive new traffic, as the existing use would. D Page 9

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 7 Mr. Malmberg advised that the Post Acute Medical Center, which is a new facility across the street, did not really object; they raised some concerns with potential crime in the area. He noted that Royal Farms had spent a lot of money on high-tech, anti-crime security systems. Mr. Malmberg suggested that it is better to have an active, open use of that property rather than a vacant three and a half acre lot in the area. Mr. Taylor asked what the timeline was for the project. Responding, Mr. Malmberg stated the site plan approval process in the proposed zoning of C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone) would take at least a year and then the construction would take another year. Mr. Taylor noted that concerns were expressed about there being no sidewalks on College Road and that the area might not be able to handle more traffic. He advised that it is on a future DelDOT priority list for improvements. Mr. Taylor stated that there would be increased foot traffic and increased vehicle traffic with people coming in to buy fuel. With reference to the potential traffic impact, Mr. Malmberg stated that this project had been approved for 40,000 square feet broken down into four 10,000 square foot office buildings, which would have been medical offices. The relative uses of those properties are significantly different when it comes to attracting traffic to the area. He noted that the Royal Farms would serve the existing transient traffic instead of generating new traffic for medical offices. Responding to Mr. Lindell, Mr. Malmberg stated that they would most likely have to contribute to the infrastructure. He referred the question to Mrs. Dawn Melson-Williams, Principal Planner, to respond as he was unsure of what infrastructure might be necessary in the Corridor Overlay zone. Mr. Sudler asked if the school behind the proposed project or the Capital School District had provided input or feedback. Mr. Malmberg replied that they had not heard from either and noted that there is a big ditch, a fence, and all sorts of other things that impede access through that area; therefore, the only impact on the school would be traffic. Mr. Hugg advised that the Planning Staff had not received comments from either the school or the district and that both would have received notice of the project since they are within 200 feet of the property. Responding to Mr. Sudler, Mr. Taylor advised that North Dover Elementary serves grades from pre-K to grade four and the maximum age of the children would be between eight and nine years old. Mr. Sudler suggested that Staff maybe go the extra mile and reach out if they have a large population that is being affected. Mr. Lindell noted that Capital School District would have another opportunity to comment during the site plan review of the Royal Farms during the Planning Commission meeting. Mr. Hugg advised that there would be a considerable amount of design and consultation and plan review before they actually are able to build. Page 10

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 8 Responding to Mr. Sudler regarding existing foot traffic in the area, Mr. Hare noted that when the Royal Farms was built on Hazlettville Road by the POW MIA highway they were required to install sidewalks leading to the other neighborhoods so it could be a benefit for the area. There being no one else present wishing to speak, Council President Hare declared the public hearing closed. Mr. Neil moved for approval of the amendment to Map 12:1: Land Development Plan Map of the 2019 Comprehensive Plan. The motion was seconded by Mr. Anderson and, by a unanimous roll call vote, Council adopted Ordinance #2021-01, as follows: AN ORDINANCE AMENDING THE 2019 COMPREHENSIVE PLAN BY AMENDING MAP 12-1: LAND DEVELOPMENT PLAN BY CHANGING THE LAND USE CLASSIFICATION OF THE SPECIFIC PROPERTY LOCATED AT 1205 MCKEE ROAD WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies within the City of Dover, Delaware; and WHEREAS, the City Council of the City of Dover, on January 13, 2020, following the recommendation of the City of Dover Planning Commission, adopted the 2019 Comprehensive Plan pursuant to Title 22, Section 702 of the Delaware Code; and WHEREAS, the Honorable John Carney, Governor of the State of Delaware, certified the 2019 Comprehensive Plan to be effective as of January 13, 2020 by letter of March 10, 2020; and WHEREAS, the 2019 Comprehensive Plan allows for an annual amendment process; and WHEREAS, a property owner has requested an amendment to the Land Development Plan Map (Map 12-1) in accordance with the process set forth in the 2019 Comprehensive Plan; and WHEREAS, the Planning Office has prepared this amendment to the Land Development Plan Map (Map 12-1) for review as part of the Comprehensive Plan Amendments 2021; and WHEREAS, the Planning Commission held a public hearing on February 16, 2021, after which the Planning Commission made a recommendation in regard to this amendment to the Land Development Plan related to the specific property. WHEREAS, it is deemed in the best interest of zoning and planning in the City of Dover to change the Land Use Classification of the property on the Land Development Plan Map (Map 12-1) as described below. Page 11

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 9 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, that Map 12-1: Land Development Plan Map of the City of Dover has been amended by changing the designated Land Use Classification from Office to Commercial Low Intensity for a parcel located at the northeast corner of McKee Road and College Road, known as 1205 McKee Road. (Property Owner: College Towers LLC and equitable owner Two Farms, LLC; Property Address: 1205 McKee Road; Tax Parcel: ED-05-067.00-02-51.00-000; Planning References: MI-21-01A and Z-21-01). BE IT FURTHER ORDAINED: That upon final action to adopt this ordinance, the amendment as approved changing the Land Use Classification of the property shall be made to Map 12-1: Land Development Plan of the 2019 Comprehensive Plan. ADOPTED: MARCH 8, 2021 PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2021-02 AMENDING THE 2019 COMPREHENSIVE PLAN, AS AMENDED, BY REPLACING MAP 12:1: LAND DEVELOPMENT PLAN MAP A public hearing was duly advertised for this time and place to consider Proposed Ordinance #2021-02 which would amend the 2019 Comprehensive Plan by amending Map 12:1: Land Development Plan Map by changing the designated Land Use Classification of 92 North West Street and an adjacent unaddressed parcel on Fulton Street from Industrial to Mixed Use. (Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.); Property Addresses: 92 North West Street and unaddressed parcel on Fulton Street; Tax Parcels: ED-05-076.08-01-16.00-000 and ED-05-076.08-01-44.00-000; Planning references: MI-21-01B and Z-21-02; Rezoning Ordinance #2021-05). Mr. Neil moved that the Final Reading of Proposed Ordinance #2021-02 be acknowledged by title only, seconded by Mr. Rocha and unanimously carried. (The First Reading of the ordinance was accomplished during the Council Meeting of January 25, 2021.) Planner's Review Mr. David Hugg, Director of Planning and Community Development, reviewed the Proposed Amendment to Map 12:1: Land Development Plan Map of the 2019 Comprehensive Plan. He noted that the Planning Commission recommended approval of the map amendment. Public Hearing Council President Hare declared the public hearing open. Mr. Jonathan Street of the Becker Morgan Group, 309 South Governors Avenue, was present representing the landowner, Mr. Donny Legans. He stated that the request for a Mixed-Use land designation was appropriate for the area, noting that the property was two industrial parcels located along the rail line and within the Downtown Development District consisting of less than an acre. Page 12

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 10 Responding to Mr. Rocha, Mr. Street advised that the proposed project is for an open-air type beer garden/ restaurant which would contain parking and other site improvements necessary to sustain the business. He noted that the Mixed-Use land designation would allow for the zoning being sought. Ms. Theo Braunskill, 91 North West Street, stated that she lives across the street from the property at the corner of West Street and Fulton Street. She advised that her family had been in the neighborhood for over a hundred years and that they basically own the entire 500 block of Fulton Street. Ms. Braunskill advised that they were in support of the new facility, noting that they have had their share of slum lords, drugs, and the eyesore of the recycle facility and it was time for them to get something new and different. She also noted that they have experienced some new housing in their community that has increased their property values and they were looking forward to something that would be a positive influence on the community. Ms. Linda Parkowski, Executive Director of the Kent Economic Partnership, advised that she initially had very strong feelings against rezoning industrial lands along the rail line for different uses. She noted that, after listening to the testimony at the Planning Commission, she realized that Dover really did need something like this to jumpstart Downtown Dover. Ms. Parkowski also stated that since the parcel is very small along that rail line, it probably would not be used for another industrial use. Mr. Chazz Salkin advised that he was a neighbor several blocks to the east of the subject property and that he and his neighbors were very excited about the prospect of some type of a food service facility and a general improvement to their neighborhood. He stated that he supported the application and that he was not aware of anyone in his immediate area who did not. Mr. Todd Stonesifer stated that he was in support of this new endeavor and the zoning change that was required to do it. Mr. Cameron Llewellyn stated that he was in support of the project because the area is the gateway into Downtown Dover and he felt that a vibrant, active venue there would tell people that they had arrived in Downtown Dover and that is where the fun starts. Mr. Sudler asked if Solid Rock Baptist Church had commented on the proposal. Responding, Mr. Rocha advised that he had spoken with Pastor Grimes and he was also in favor of it. Pastor Grimes advised Mr. Rocha that he had spoken with the IMA to see if they had any disagreements with it and they did not. There being no one else present wishing to speak, Council President Hare declared the public hearing closed. Mr. Rocha moved for approval of the amendment to Map 12:1: Land Development Plan Map of the 2019 Comprehensive Plan. The motion was seconded by Mr. Sudler and, by a unanimous roll call vote, Council adopted Ordinance #2021-02, as follows: Page 13

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 11 AN ORDINANCE AMENDING THE 2019 COMPREHENSIVE PLAN BY AMENDING MAP 12-1: LAND DEVELOPMENT PLAN BY CHANGING THE LAND USE CLASSIFICATION OF THE SPECIFIC PROPERTIES LOCATED AT 92 NORTH WEST STREET AND AN ADJACENT UNADDRESSED PARCEL ON FULTON STREET WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies within the City of Dover, Delaware; and WHEREAS, the City Council of the City of Dover, on January 13, 2020, following the recommendation of the City of Dover Planning Commission, adopted the 2019 Comprehensive Plan pursuant to Title 22, Section 702 of the Delaware Code; and WHEREAS, the Honorable John Carney, Governor of the State of Delaware, certified the 2019 Comprehensive Plan to be effective as of January 13, 2020 by letter of March 10, 2020; and WHEREAS, the 2019 Comprehensive Plan allows for an annual amendment process; and WHEREAS, a property owner has requested amendments to the Land Development Plan Map (Map 12-1) in accordance with the process set forth in the 2019 Comprehensive Plan; and WHEREAS, the Planning Office has prepared this amendment to the Land Development Plan Map (Map 12-1) for review as part of the Comprehensive Plan Amendments 2021; and WHEREAS, the Planning Commission held a public hearing on February 16, 2021, after which the Planning Commission made a recommendation in regard to this amendment to the Land Development Plan related to the specific properties. WHEREAS, it is deemed in the best interest of zoning and planning in the City of Dover to change the Land Use Classification of the properties on the Land Development Plan Map (Map 12-1) as described below. 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, that Map 12-1: Land Development Plan Map of the City of Dover has been amended by changing the designated Land Use Classification from Industrial to Mixed Use for two parcels located adjacent to the east side of the railroad corridor along North West Street between Fulton Street and Cecil Street, known as 92 North West Street and an adjacent unaddressed parcel on Fulton Street. (Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.); Property Addresses: 92 North West Street and an adjacent unaddressed parcel on Fulton Street; Tax Parcels: ED-05-076.08-01-16.00-000 and ED-05-076.08-01-44.00-000; Planning References: MI-21-01 and Z-21-02) Page 14

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 12 BE IT FURTHER ORDAINED: That upon final action to adopt this ordinance, the amendment as approved changing the Land Use Classification of the properties shall be made to Map 12-1: Land Development Plan of the 2019 Comprehensive Plan. ADOPTED: MARCH 8, 2021 PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2021-03 AMENDING THE 2019 COMPREHENSIVE PLAN, AS AMENDED, BY REPLACING MAP 12:1: LAND DEVELOPMENT PLAN MAP A public hearing was duly advertised for this time and place to consider Proposed Ordinance #2021-03 which would amend the 2019 Comprehensive Plan by amending Map 12:1: Land Development Plan Map by changing the designated Land Use Classification of 1365 North DuPont Highway Lot 1 and Lot 2 from Commercial High Intensity to Mixed Use. (Property Owner: Dover Power Center LLC (Dover Mall LLC c/o Simon Property Group); Property Address: 1365 North DuPont Highway Lot 1 and Lot 2; Tax Parcels: ED-02-057.00-01-14.04-000 and ED-02-057.00-01-14.05-000; Planning reference: MI-21-01C). Mr. Neil moved that the Final Reading of Proposed Ordinance #2021-03 be acknowledged by title only, seconded by Mr. Lindell and unanimously carried. (The First Reading of the ordinance was accomplished during the Council Meeting of January 25, 2021.) Planner's Review Mr. David Hugg, Director of Planning and Community Development, reviewed the Proposed Amendment to Map 12:1: Land Development Plan Map of the 2019 Comprehensive Plan. He noted that the Planning Commission recommended denial of the map amendment. Public Hearing Council President Hare declared the public hearing open. Responding to Mr. Sudler, Mr. Hugg advised that the main opposition to the request was from neighboring Dover International Speedway. They were concerned that a change to a Mixed Use category would allow some housing development. Mr. Hugg stated that there is a long history of concern with residential development in the immediate neighborhood that was disturbed by the activities at the Speedway and Firefly. He noted that they were primarily concerned about the potential for introducing land uses in the area that might result in people being bothered by noise and traffic. Mr. Sudler asked what concerns Staff had. Mr. Hugg advised that Staff recommended to the Planning Commission that the request be approved because in our view, working with the mall and looking at commercial development across the country, traditional malls are rapidly being redeveloped into town centers, lifestyle centers, and areas where there are activities other than shopping. Mr. Hugg stated that they felt that the original proposal that resulted in this being Page 15

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 13 designated for high-intensity commercial was probably not a contemporary concept, and the change would give the mall owners and the property owners involved much greater flexibility. Mr. Hugg advised that the Planning Commission felt that there were considerable issues involved in the objections of Dover International Speedway. Mr. Sudler relayed concern with the noise and potential complaints from the nearby housing developments. Mr. Hugg noted the adverse impact of the races and the Firefly Festival on the neighborhoods surrounding them. He advised that the original concerns involved residential properties that were immediately adjacent to Dover International Speedway that the Speedway has acquired over the years to minimize that adverse impact. Mr. Neil expressed concern with the wetlands in the area and the problems that the noise causes for people who would be moving in, including Wild Meadows, Persimmon Tree Apartments, and the Persimmon Tree development. Mr. Hugg advised that there are a number of wetlands on the property and, under city ordinance, they would not be allowed to be developed. He noted that the wetlands issue would be resolved during the plan development process. Mr. Gregory Moore of the Becker Morgan Group advised that they had done wetland delineations for each of the two parcels and there is a considerable amount of upland in these areas for development. He noted that number of the acres are currently used for parking facilities for Dover International Speedway, but as the Speedway has experienced less demand, they have had less use in the back of the mall for those purposes. Mr. Taylor asked for a description of the possible buffer. Mr. Taylor advised that he had major concerns with the proposal. He noted that, from a business perspective, Dover Downs brings a lot of jobs to the area and they have spent a lot of money in an effort to eliminate some of the problems that the homeowners have experienced. Mr. Taylor stated that additional houses in that area would affect their business model. Mr. Moore advised that the retail marketplace has changed drastically in the last 10 years and, more specifically, in the last few years due to the Internet and companies like Amazon that are hurting malls nationwide. Mr. Moore, noting that they were requesting a Mixed Use land designation, advised that under the current zoning and land use, it is only retail and strong retail and the mixed use would allow medical, office, residential, and other opportunities. Mr. Moore provided a PowerPoint presentation depicting the proposal (Exhibit #1). Mr. Moore stated that the site consists of 83 acres located behind the mall and Dover mall needs as much traffic as possible. He referenced Planning Staff’s recommendation that "staff supports the change to the land use classification of mixed use for lots one and two for the Dover mall" noting that traditional shopping centers and malls are needing to evolve to create town centers and lifestyle centers, where a mix of shopping, office, and residential users can all be found. Mr. Moore noted that they believe that is the key to keeping the mall vibrant. Page 16

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 14 Mr. Moore advised that the number of jobs and the impact that the Dover mall has on the community should not be underestimated. He stated that, over the last five years, they have proposed major shopping facilities for the back two acres and have been unable to get any tenants to locate there. Mr. Moore also advised that the owners have spent over $2 million trying to locate retail tenants for the property. Mr. Moore stated that they were willing to plant a buffer with a fence as a physical separation between the Dover International Speedway and the mixed use facility that would be behind the mall. He noted that they met with Dover International Speedway and offered the buffer to them directly. Referencing the City’s Airport Environs Overlay Zone ordinance related to the fly zones, Mr. Moore stated that they were proposing noise reduction design in the facilities that are built in the back of the mall so that the occupants of those facilities would not hear the track or traffic on Route 1. Responding to Mr. Taylor, Mr. Moore advised that they had worked on a proposed interchange off of Route 1; however, it is very difficult to gain approval and they were no longer proposing the interchange. Mr. Steve Shea with Simon Property Group, representing the Dover mall, stated that he supported the proposal. He advised that the retail landscape has changed and the mall, which was built 40 years ago, has almost 900,000 square feet and four department stores. Mr. Shea noted that the trends of the industry have changed and there are far fewer department stores now than there were 10 years ago through consolidation. The shopping experience now begins almost always with some electronic component and the logistics have caused those retailers that they lease to, to require far less space. Mr. Shea stated that, as a company, they have a hundred malls across the United States and they have been diversifying their uses into a broad mix, not just to diversify the economics behind the business, but because they have found the mix of uses make each other stronger. He noted that adding a hotel to a mall is good for the hotel and for the mall. Adding the restaurants and residential is also good for both. Mr. Shea stated that they considered adding residential 10 or 15 years ago and people said "Who would want to live at a mall?". He advised that a lot of people do want to live at the mall because it is convenient, it is a place for the people who work at the mall to live, and it is a place for the people who otherwise just live there to shop and to dine. It is fewer cars on the road and it makes for a more vibrant experience for all of those uses. Mr. Shea stated that they have six locations in their portfolio where they have added residential onsite and, while that is not the proposal here, it is for these mix of uses to be built adjacent. Mr. Shea stated that the mall is heavily dependent on and built around a retail core and 80 acres of grass is not a great neighbor to continue with the retail viability. He stated that they would like some economic development and to have some complimentary uses. Mr. James Tancredi of DSM Commercial, 3 Pintail Court, Middletown, Delaware, stated that he has been in charge of marketing the property for approximately five years and the intent was to develop a 500,000 or 600,000 square foot power center on the property. Initially there was significant interest from retailers across the country but as time wore on there were changes in the market that inevitably Page 17

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 15 created some pitfalls for the retail market. First was Amazon and other online shopping platforms that stole quite a bit of business from these retailers that would end up in the proposed shopping center and then, in the last 12 months or so, the virus obviously has caused issues from an in-person shopping perspective. Mr. Tancredi stated that they have had no success in securing any big box tenants for a proposed power center behind the mall. Mr. Denis McGlynn, president and CEO of Dover Motor Sports Inc., the parent company of Dover International Speedway, 1131 North DuPont Highway, stated that Dover International Speedway adjoins this parcel of land and they consider the mall a good neighbor. He noted that they consider Mr. Moore a good friend and a business associate. Mr. McGlynn stated that they have a disagreement on the use of that parcel bringing more enemies for the speedway. Mr. McGlynn noted that Route 13 is clearly a commercial corridor and Dover's Comprehensive Plan has reserved this corridor accordingly with ample provisions for residential development to occur elsewhere. Noting that their business is motor sports and the fifth largest music festival in the country, he advised that they are two uses that are not compatible with residential neighbors. Mr. McGlynn stated that they have been operating at that location for 50 years and their first 25 or 30 years were largely years of conflict with more than two dozen neighbors who lived in close proximity to the track. He advised that it took decades and millions of dollars to buy out those property owners so that they could live in relative harmony with the community. Mr. McGlynn felt that adding 700 residential units right next to them would create new opponents and, ultimately, they are going to have to deal with them at the speedway and at the City. Mr. McGlynn requested members of Council to support the Planning Commission's recommendation to deny the request. Referring to the proposed buffer, Mr. McGlynn stated that at the north end of the speedway there is a 30 foot, or three story tall, grandstand and no amount of trees or walls will block the noise. He noted that history is full of stories about speedways all around the country that have been shut down by nearby residential development and they do not want Dover International Speedway to be one of those in that history. Mr. McGlynn, noting that Mr. Moore is the chairman of the Kent Economic Partnership and he is the vice chairman, stated that nobody wants economic development more than the two of them. He advised that the Greater Kent Committee engaged the Rockport Analytics Group a couple of years ago to study conditions in Kent County and recommend industry sectors that should be pursued from an economic development standpoint, based on what Kent County has to offer. Their analysis revealed, among other things, that Kent County businesses are experiencing a shortage of trucking, warehouse and logistics options, and their recommendation was for them to pursue those opportunities. Mr. McGlynn stated that many malls around the country are converting their operations to warehousing and distribution centers, which would be a perfect commercial use to be a neighbor to Dover International Speedway along route 13, a major high density commercial corridor. Mr. Leonard Iacono, 1702 North Park Drive, unit 44, Wilmington, Delaware, stated that he was a rather large property owner in Dover and he recently developed Capital Station. He stated that he Page 18

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 16 could attest to the fact that the retail sector, regardless of where it is located, on 13 or otherwise, in Dover is saturated. Mr. Iacono noted that Capital Station is approximately 65,000 square feet and is about 30% unleased although he has been actively looking for tenants for the past two years. Mr. John Viglianti, 15006 Carrolton Road, Rockville, Maryland, stated that he was in favor of the Comprehensive Plan amendment because without the change, the property will continue to sit vacant. He noted that mixed use allows for future development and the ability to make the land valuable and prosperous for the City. Mr. Viglianti stated that if the City wants this land to become viable and paying taxes and become a working parcel that will help the City and the mall, it needs to at least be changed in the Comprehensive Plan so that process can be undertaken. Mr. Neil read the following statement into the record: “Statement on Ordinance 2021-3 by Fred Neil, 3rd District The Planning Commission turned down 2021-3 and I will also vote No in spite of the recommendations of our own Planning Staff and excellent work done by the much admired Becker-Morgan staff. There were very perceptive exchanges in the Planning Commission meeting between Mrs. Lord and Mr. Hartman that involved the human elements that do not show up in the intent of the Land Development Plan Map Amendments to the 2019 Comprehensive Plan. I live what they discussed. As long as this proposal contains Housing, I will vote NO on these zoning changes to these 2 parcels. Commercial, health, warehouse, offices, or manufacturing, by all means. My home is in Wild Meadows, a 55 plus leased land community across from the Firefly Festival grounds. My wife and I were promised a Country Club living style in retirement. Of course, I haven't really retired. I do live on an island surrounded with drainage ditches, which fill with water when it rains. As a necessity, there are drains throughout the community. Thanks to a poorly written State law, this so called safety net, has proven very costly to the tenant home owners who pay for the recurrent repairs on land we do not own, caused by ground water in this non-wetlands community. When we bought and waited for our customized home to be built, we were aware of NASCAR. We took photos of the Wall to Wall RVs which we sent to family. Then, we experienced the noise, crowds, traffic, and detours as well as loud traffic from Route 1, & the Dover Air Force Base Fly Overs. Next up came the Firefly Music Festival, which does not cater to the Glenn Miller crowd . As President of my HOA for 11 years, the complaints outlined in the letter by Mr McGlynn came to me. What I heard was, ‘Why do we have to have these events!’ Page 19

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 17 As an elected official, I recognize the economic pistons that NASCAR and Firefily are. We could not buy the national spotlight on Dover that NASCAR brings in Sports, or Firefly, in the Entertainment Circles. Dover Motor Sports & the producer of Firefly have been good neighbors.... and bring a significant flow of money to Dover and Delaware. But, both events bring noise and a disruption to our lives. As an aside I mention a cottage industry, known as Afterfly, just east of the Dover border, that until Covid temporarily shut it down, has grown to 3 weekend sleep-over events a year, of 24/7 Lights, loud music and traffic problems. The loud music does not respect the City border and penetrates the homes in my community and is cruel and unusual punishment for the neighbors. Kent County doesn't recognize it as a nuisance business, that it is, in spite of efforts by Commissioner Angel to curb it more effectively. Our customized homes cost between $120,000 to more than $200,000 in 2003 to 2005 when new. The official Dover City assessments, show values of these homes have dropped 55% to 65% as of 2020. This is the ‘unintended consequence’ if these proposed residences are domiciles to be bought. The first residents of the housing, apartments or homes bought, may or may not be aware of the noise and the disruption to their lives. The second wave may not realize what they are getting into until they are legally hooked. Will they beat the drums to shut down NASCAR & Firefly? I will not sandbag future residents, but I will be happy to view a new plan without housing." Mr. Herb Miller, chairman of Western Development, advised that he had built over 20 million square feet of shopping centers and is part owner of Dover Mall. Responding to Mr. Miller, Council President Hare advised that Dover International Speedway holds one race per year. Mr. Miller noted that they have offered a 200-foot planted buffer from this site and he felt that, with one event a year, there would not be complaints from their users. Mr. Neil invited Mr. Miller to stay at his house during NASCAR and Firefly and then tell him that the noise does not affect you. He said that the noise and traffic associated with both events are throughout Dover. Mr. Taylor stated that he was a Dover police officer for 20 years, from 1990 to 2010, and confirmed that Councilman Neil's assessment of the noise and traffic was 100% accurate. He also noted that Mr. McGlynn’s description of the early years was extremely accurate. Mr. Taylor advised that there were numerous calls at all hours of night about the noise, the pedestrian traffic, the music, and the dust. He stated that there are a myriad of problems that come along when you bring residents in the close proximity of aa international speedway. Mr. Taylor also noted that, although there is now only one race, Firefly is for a whole weekend, almost a whole week, with a lot of pedestrian traffic, and adding housing will be asking for a ton of problems. Page 20

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 18 Mr. Anderson advised that the current request was for a change in the land use designation and the rezoning would be at a later date. He noted that Dover Downs or others could file a petition in opposition to the rezoning. Mr. Hugg relayed that a rezoning application would go through the Development Advisory Committee (DAC) and the Planning Commission for a public hearing. He noted that if a sufficient number of property owners within the limited distance provided in state law were to file a petition in opposition, then Council would have to meet the three quarters vote requirement. There being no one else present wishing to speak, Council President Hare declared the public hearing closed. Mr. Anderson moved for approval of the amendment to Map 12:1: Land Development Plan Map of the 2019 Comprehensive Plan. The motion was seconded by Mr. Slavin and failed by a unanimous roll call vote. PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2021-04 - REZONING REQUEST FOR PROPERTY LOCATED AT 1205 MCKEE ROAD A public hearing was duly advertised for this time and place to consider the rezoning of property located at 1205 McKee Road, consisting of 3.46 +/- acres, owned by College Towers LLC (equitable owner is Two Farms, LLC). The property is currently zoned CPO (Commercial and Professional Office) and subject to the COZ-1 (Corridor Overlay Zone) and the proposed zoning is C-2A (Limited Central Commercial) and subject to the COZ-1 (Corridor Overlay Zone). This rezoning is associated with a Comprehensive Plan Amendment Request MI-21-01A for Consideration of Amendment to Map 12-1: Land Development Plan Map. (Property Owner: College Towers LLC and equitable owner Two Farms, LLC; Property Address: 1205 McKee Road; Tax Parcel: ED-05-067.00-02-51.00-000; Planning references: MI-21-01A and Z-21-01; Council District 4) Council President Hare reminded members of the public that copies of the proposed ordinance were available at the entrance of the Council Chambers or on the City’s website at www.cityofdover.com under “Government.” Mr. Neil moved that the Final Reading of Proposed Ordinance #2021-04 be acknowledged by title only, seconded by Mr. Taylor and unanimously carried. (The First Reading of the ordinance was accomplished during the Council Meeting of January 25, 2021.) Planner's Review Mr. Dave Hugg, Director of Planning and Community Development, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission. He noted that the rezoning was associated with Comprehensive Plan amendment request M-21-01A. He also noted that valid petition had been received; therefore, a three fourths vote would be required for approval. Mr. Hugg advised that the Planning Commission recommended approval of the rezoning request. Page 21

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 19 Public Hearing Council President Hare declared the public hearing open. Mr. Constantine Malmberg advised that he was present to answer any questions. There being no one else present wishing to speak, Council President Hare declared the hearing closed. Mr. Neil moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Rocha and, by a unanimous roll call vote, Council adopted Ordinance #2021-04, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1205 MCKEE ROAD 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 CPO (Commercial and Professional Office Zone) and subject to the COZ-1 (Corridor Overlay Zone) to C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone). 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 have been amended by changing the zoning designation from CPO (Commercial and Professional Office Zone) and subject to the COZ-1 (Corridor Overlay Zone) to C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone) on that property located at 1205 McKee Road (located at the northeast corner of McKee Road and College Road), consisting of 3.46 +/- acres , owned by College Towers LLC and equitable owner Two Farms, LLC. (Tax Parcel: ED-05-067.00-02-51.00-000; Planning References: MI-21-01A and Z-21-01; Fourth Council District) ADOPTED: MARCH 8, 2021 Page 22

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 20 PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2021-05 - REZONING REQUEST FOR PROPERTY LOCATED AT 92 NORTH WEST STREET AND AN ADJACENT UNADDRESSED PARCEL ON FULTON STREET A public hearing was duly advertised for this time and place to consider the rezoning of property located at 92 North West Street and an adjacent unaddressed parcel on Fulton Street, consisting of 0.82+/- acres, owned by Donny Legans. The property is currently zoned M (Manufacturing) and the proposed zoning is C-2A (Limited Central Commercial). This rezoning is associated with a Comprehensive Plan Amendment Request MI-21-01B for Consideration of Amendment to Map 12-1: Land Development Plan Map. (Tax Parcels: ED-05-076.08-01-16.00-000 and ED-05-076.08-01-44.00-000; Planning References: MI-21-01B and Z-21-02; Fourth Council District) Council President Hare reminded members of the public that copies of the proposed ordinance were available at the entrance of the Council Chambers or on the City’s website at www.cityofdover.com under “Government.” Mr. Neil moved that the Final Reading of Proposed Ordinance #2021-05 be acknowledged by title only, seconded by Mr. Rocha and unanimously carried. (The First Reading of the ordinance was accomplished during the Council Meeting of January 25, 2021.) Planner's Review Mr. Dave Hugg, Director of Planning and Community Development, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission. He noted that the Planning Commission recommended approval of the rezoning request. Public Hearing Council President Hare declared the public hearing open. Mr. Anderson stated for the record that proper safeguards should be put in place to prevent noise and activity from disrupting the neighborhood. He reminded members of the previous institution that served alcohol and was not a great mix in the neighborhood. Mr. Anderson stated that the neighborhood has become a very good place to live and he wanted to make sure it stays that way. There being no one else present wishing to speak, Council President Hare declared the hearing closed. Mr. Rocha moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Taylor and, by a unanimous roll call vote, Council adopted Ordinance #2021-05, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 92 NORTH WEST STREET AND AN ADJACENT UNADDRESSED PARCEL ON FULTON STREET Page 23

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 21 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 M (Manufacturing Zone) to C-2A (Limited Central Commercial zone). 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 have been amended by changing the zoning designation from M (Manufacturing Zone) to C-2A (Limited Central Commercial) on that property located at 92 North West Street and an unaddressed Parcel on Fulton Street (located adjacent to the east side of the railroad corridor along North West Street between Fulton Street and Cecil Street), consisting of 0.82 +/- acres, owned by Donny Legans. (Tax Parcels: ED-05-076.08-01-16.00-000 and ED-05-076.08-01-44.00-000; Planning References: MI-21-01B and Z-21-02; Fourth Council District) ADOPTED: MARCH 8, 2021 ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 22, 2021 The Minutes of the Regular Council Meeting of February 22, 2021 were unanimously approved by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of Mayor Christiansen. COUNCIL COMMITTEE OF THE WHOLE REPORT - FEBRUARY 23, 2021 The Council Committee of the Whole Meeting was held by video conference on February 23, 2021 at 6:00 p.m., with Council President Hare presiding. Members of Council present via video or telephone were Mr. Anderson (arrived at 6:05 p.m.), Mr. Sudler, Mr. Neil, Mr. Slavin (departed at 7:55 p.m.), Mr. Rocha, Mr. Taylor, and Mr. Lindell. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Shelton (arrived at 6:12 p.m.) (Safety Advisory and Transportation), Ms. Maucher (Utility), and Mr. Contant and Mr. Shevock (arrived at 6:23 p.m.) (Legislative, Finance, and Administration). Mr. Taylor requested the agenda be amended by holding the Safety Advisory and Transportation Committee meeting after the Utility Committee meeting. Mr. Hare requested that item #7 - Segal Waters Consulting - Classification, Compensation and Benefit Study be removed from the agenda, referred back to Staff and re-scheduled at a later date. Page 24

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 22 Mr. Neil moved for adoption of the agenda, as amended, seconded by Mr. Lindell and unanimously carried. UTILITY COMMITTEE The Utility Committee met with Chairman Cole presiding. Adoption of Agenda The agenda was adopted by unanimous consent. Street Sweeping Operations and Enforcement (Actionable Item) Mrs. Sharon Duca, Public Works Director, reviewed the background and analysis regarding the Street Sweeping Operations and Enforcement. Staff recommended approval of the proposed changes to the Annual Street Sweeping and Leaf Collection plans with service and enforcement suspended from January 15 - March 15, annually. Responding to Mr. Taylor, Mrs. Duca stated that the street sweeping debris is taken to the landfill and it is paid by the ton, the same as the sanitation rates. Regarding wet material, Mrs. Duca noted that the material is taken to a temporary staging area at Schutte Park until they have enough material to take to the landfill and that allows it a period to dry out. Responding to Mr. Taylor, Mrs. Duca advised that branches and debris are not mixed with the street sweeping debris. They have to test the street sweeping debris to make sure it is acceptable for the landfill. Responding to Mr. Anderson, Mrs. Duca stated that they would want to start advertising the proposed changes to the Annual Street Sweeping and Leaf Collection as soon as possible in order to make the public aware of it. She noted that they were also looking into updated signage, so it is a process they will work on the whole year to get the word out so people understand the revised schedule. Mr. Hare suggested adding a notice to the bottom of the "No Parking" signs. Mr. Randy Robertson, City Manager, noted that they would be starting the replacement heads and LEDs in the downtown area. Mr. Paul Waddell, Electric Director, advised that it was roughly 618 lights in the downtown area and would take approximately four weeks. Responding to Mr. Taylor, Mr. Waddell stated that they were going to start on Mary Street but he would have a better plan the next day. He advised that they had some limitations because some of the streets are state-owned and they need to coordinate with the Delaware Department of Transportation (DelDOT). Mr. Waddell stated that Page 25

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 23 it was not going to be in a streamlined pattern, but he believed it would start up Mary Street and go down Water Street, then State Street over to North West Street. He stated that he could share a map with Committee members after the meeting. (City Clerk's Office Note: Subsequent to the meeting, Mr. Paul Waddell, Electric Director, provided a map regarding the lighting upgrades.) Responding to Mr. Anderson, Mr. Waddell stated that they could put this information on the City's website. Responding to Mr. Sudler, Mr. Waddell stated that New Street, Reed Street, and Queen Street were all in the high priority area and would be covered during this project. He noted that he would have a better answer to the projected date the next day. Responding to Mr. Sudler regarding starting in high crime areas, Mr. Waddell stated that they were going to coordinate with DelDOT and get permits for along Division, State and Loockerman Streets. He advised that those streets are going to take more coordination, but that they have free rein to start anywhere they want. The motion to recommend approval of the proposed changes to the Annual Street Sweeping and Leaf Collection plans with service and enforcement suspended from January 15 - March 15, annually, as recommended by Staff, was approved by unanimous consent. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Lindell and carried by a unanimous roll call vote. Mr. Neil moved for adjournment of the Utility Committee meeting, seconded by Mr. Sudler and unanimously carried. Meeting adjourned at 6:13 p.m. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE The Safety Advisory and Transportation Committee met with Chairman Taylor presiding. Adoption of Agenda Mr. Sudler moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. Page 26

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 24 Quarterly Briefing on Dover/Kent County Metropolitan Planning Organization (MPO) Projects (Informational Item) Mr. Jim Galvin, Principal Planner, and Ms. Marilyn Smith, Executive Director, with the Dover/Kent County Metropolitan Planning Organization (MPO), provided a quarterly briefing on Dover/Kent County MPO Projects. Responding to Mr. Taylor regarding the widening of US-13 from Puncheon Run to Woodside, Mr. Galvin stated that both the shoulder and the median would be widened. Mr. Neil stated that when Mr. Anderson came up with the genius idea of White Oak Road, it had nothing to do with how much traffic was going in there, but if they had that connector, they were talking economic development. He stated that the White Oak connector had become extremely important to the City. Mr. Galvin noted that the air cargo facility study that is being done by Century Engineering was expanded when both the City and the County suggested a connection between the air cargo facility and Garrison Oak. He advised that Century Engineering is also looking at a possible connector between South Little Creek Road and White Oak Road. Responding to Mr. Rocha, Mr. Galvin stated that the Delaware Department of Transportation (DelDOT) sites that the roundabout on Mifflin Road is not really a roundabout because it is too small. He advised that the roundabout near Chestnut Grove Road will be similar in size to the roundabouts outside of Middletown and considerably larger than the Mifflin Road roundabout. Responding to Mr. Rocha, Mr. Galvin stated that there would be pedestrian improvements and bike lanes on Kenton Road and that construction would be during FY25. Mr. Galvin stated that the only thing currently in the CTP for the pedestrian improvements on College Road was money for up to and including the right-of-way acquisition. Mr. Galvin stated that he would expect any kind of construction for College Road to be after 2027. Mr. Anderson stated that economic development is vital and is going to be important for not only Garrison Oak, but for Kent County Aeropark as well. He noted that they are top economic priorities for the state partnership and that the infrastructure is necessary if they are going to be top priorities. He encouraged the abandonment of the Forest Avenue and Loockerman Street roundabout. Mr. Anderson stated that an existing bike lane was added, which works very well on most of Forest Avenue because the sidewalks were widened to be multimodal transportation and to connect to West Street, but there is a small section where, instead of widening the sidewalk, delineators were added. Mr. Anderson stated that it takes it off the multimodal walk and onto the road, but that it has not worked well. Mr. Anderson asked if there would be any objection, or if it would contradict any Page 27

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 25 plans the MPO has, if they sought to get that sidewalk widened so that it is consistent, even if they sought other monies to do it. Responding to Mr. Anderson, Mr. Galvin stated that it does not contradict any plans the MPO has. He noted that the work was performed by DelDOT and their bike and pedestrian coordinators contracted people. Mr. Galvin stated that he knows that the City has expressed their dissatisfaction with some of that area, but he had not heard of anything coming out of that yet. He noted that they may be able to arrange a meeting with the bicycle facility contractors at DelDOT to see if something could be done. Responding to Mr. Anderson, Mr. Galvin stated that there is a Dover Transit Center on the corner of Water and Queen Street. He advised that it is not the center that is due for improvements. Mr. Galvin noted that there was also a transit facility down on Public Safety Boulevard that is going to have improvements. Responding to Mr. Rocha regarding the College Road improvements projected for 2027, Mr. Galvin stated that he was not aware of any traffic studies done on College Road itself. He advised that the improvements that are anticipated are curb, sidewalk, and environmental improvements. Mr. Rocha recommended that they look into the study. He noted that they have had accidents on College Road recently and that the traffic is heavy passing through Saulsbury Road to Kenton Road. Mr. Rocha stated that he thought people were trying to bypass lights and that there is no shoulder. Responding, Mr. Galvin stated that they took a tour there a couple of years ago looking at potential bike improvements and that the right-of-way is thin and does not offer opportunity for shoulders. He noted that he would bring that up to DelDOT. Mr. Sudler advised that they had asked for a study pertaining to College Road and Kenton Road a few years prior. Mr. Slavin noted that he recalled the conversation and that it had to do with improving the safety of the road, including widening the shoulders that were going in on Kenton Road. He stated that what came back was to widen the shoulders and put sidewalks on both sides so that pedestrians and bicycle traffic are off the road. Mr. Slavin noted that there was pushback from the property owners who would be responsible for clearing those sidewalks, but he was not sure what the status was. Mr. Sudler requested that they look into the concerns or that report. Mr. Lindell advised that when he was elected, he and former Councilman Tanner Polce were approached by the Mr. Jim Hosfelt, former Councilman and Kent County Levy Court Commissioner, about issues along that corridor. He noted that he did not know if there was ever a study done because he thought DelDOT already had plans in the works for improvements along that road. Mr. Lindell stated it drew more attention to it where they were able to bump it up on the priority list. Page 28

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 26 Responding to Mr. Taylor, Mr. Galvin stated that there have been no solid conversations about passenger rails in Dover. He noted that they keep hearing that it is not viable. Community Update (Ms. Lachelle Paul, Criminal Justice Committee Chair, National Association for the Advancement of Colored People (NAACP) Delaware State Conference of Branches) (Informational Item) Ms. Lachelle Paul, Criminal Justice Committee Chair, National Association for the Advancement of Colored People (NAACP) Delaware State Conference of Branches, provided a community update. Ms. Paul stated that the NAACP has been having ongoing meetings regarding diversity and inclusion of the black community within local government and discussed committee appointments. She stated they want to see diversity on all of the committees. She noted that another big topic right now is the increase in gun violence and black on black crimes. Ms. Paul noted that diversity and inclusion creates a better living environment and, if they can, should practice making all cultures and parts of the community inclusive in decision-making. She noted that another topic with regard to City Council and Council meetings is the displacement of the homeless. Regarding putting a homeless shelter in the Fourth (4th) District, she noted that the residents are not in agreement with that because they would prefer something that is going to create jobs and youth community programs that would help turn youth from the gangs. Mr. Taylor requested Ms. Paul to email him and Council President Hare the next time the NAACP has a meeting so that they can attend and explain what exactly they are doing to combat some of the concerns. He noted that they could make sure their resources are not being duplicated throughout the City. Ms. Paul agreed with Mr. Taylor and stated that she spoke with the Vice President of the State Branches so that their meetings do not conflict. Ms. Paul stated that it is uncomfortable for some people to speak on race and everyone has barriers that they have to overcome when dealing with the subject, but the fact that they are dealing with it now and are able to communicate and speak on the division and where they need to come together is a beautiful thing. She noted that even though it may be some discomfort, understand that they do not need to go back and keep reliving the past, they need to figure out what they are going to do to move forward so that they can bridge the gap and figure out how they continue the positive change, so they can make Dover a better place for everyone. Mr. Neil noted that there are no restrictions in terms of volunteers. He stated that they need people who live in the City. Mr. Neil stated that, at times, it is very hard to find people and so it is not an unwillingness on the part of the City, it is a question of who is willing to come forward and devote their time. He stated that as far as trying to get Page 29

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 27 people to fill their openings, he does not care about color, he just wants competent people to fill the jobs that have stood open for so long. Mr. Taylor agreed with Mr. Neil, stating that color does not matter when it comes to volunteerism. He stated they simply need bodies and people who are going to be committed to that leadership role. Responding to Mr. Rocha regarding her role with the state and NAACP, Ms. Paul stated that she is a Central Branch Manager and also the Chair of the Criminal Justice Committee of State of Branches. She stated that they had an executive meeting with the Central Branch, all of the branch presidents and the executive committee that is dealing with gun violence and increased gang violence throughout the state. Mr. Rocha recommended that they get more cohesive with the Central Delaware Branch. He asked if the branch would be able to give them a platform where they could come out and explain some of the things that have been going on and keep everyone up to date. Mr. Rocha stated that he knew they were able to do it on their own, but by joining forces that would enable them to do it in a more powerful way. Mr. Anderson stated that he would like to send Ms. Paul and other members of the branch a link to the City's committee, commissions, and boards application because there is going to be an opening or two on the committees that she mentioned. Responding to Mr. Anderson, Ms. Paul stated that they were trying to bring people to the table within the City and to find out what the City is doing regarding gang violence and black on black crimes. She noted that some positive changes have been happening and they know it is a process and, at this point, it is time to act. Ms. Paul advised that they need a gang-related committee and youth programs. She noted that the other issue that they have to deal with is mental health. Ms. Paul stated that they have to have more mental health facilities that are in the reach of the actual community that is in need of it. Ms. Paul stated that she agreed with everything Mr. Neil mentioned regarding to committees. She noted that they all need to understand diversity inclusion goes both ways. Ms. Paul stated that she was going to go through and make it a point to direct people so they can actually start getting involved and assure them that they will be considered if they want to put in the energy and the work to help make this City better, then they are going to be accepted. Mr. Neil stated that so much of what Ms. Paul was saying affects everybody within the state government. He advised that it is not in the City's charter to address mental health or any health. Mr. Neil noted that there are certain things that they will be able to do and encourage and support, but that the City will not be able to address mental health issues. He stated that when they talk about the mental health, they are also talking about the situation with the homeless, a lot of it is dealing with mental health, and there are things that they can do and cannot do. He noted that education was also not in the City's charter. Page 30

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 28 Mr. Sudler stated that they could explore a subcommittee with mental health agents that could be liaisons to gather information or to communicate with mental health agencies and educate City Council, in addition to resources for the community members that may be encountering mental health discrepancies. Mr. Slavin stated that the City Charter does not give them the authority to go into those areas of mental health and substance abuse because when the charter started those were not issues facing the City but they are issues facing the City now. He noted that the charter allows Ad Hoc committees to be appointed. Mr. Taylor asked Mr. Slavin to walk himself and Mr. Rocha through the process. Mr. Taylor thanked Ms. Paul and stated that he would like to see the NAACP seek a much broader collaboration between Dover and those that share the boundaries of Dover to share their resources. Ms. Paul stated that she would communicate with the president of the State Branch. She noted that these issues were not just statewide issues, these are issues are from the community and residents of the City. Mr. Sudler moved for adjournment of the Safety Advisory and Transportation Committee meeting, seconded by Mr. Neil and unanimously carried. Meeting adjourned at 7:42 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Lindell presiding. Adoption of Agenda Mr. Sudler moved for adoption of the agenda, seconded by Mr. Taylor and unanimously carried. Proposed Resolution No. 2021-01 - Application for Wastewater Matching Planning Grant (Actionable Item) Mr. Jason Lyon, Water and Wastewater Director, reviewed the background and analysis regarding the Proposed Resolution No. 2021-01 - Application for Wastewater Matching Planning Grant. Staff recommended adoption of the resolution as submitted so Staff may submit application for a Wastewater Matching Planning Grant. Mr. Neil moved to recommend adoption of the Resolution, as submitted, so Staff may submit application for a Wastewater Matching Planning Grant approval, as recommended by Staff. The motion was seconded by Mr. Shevock and unanimously carried. Page 31

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 29 By motion of Mr. Neil, seconded by Mr. Lindell, Council, by consent agenda, unanimously adopted Resolution No. 2021-01, as follows: A RESOLUTION PROPOSING APPLICATION FOR WASTEWATER MATCHING PLANNING GRANT WHEREAS, the Mayor and Council of the City of Dover, Delaware, herein called the "Applicant", has, after adequate consideration, of the various aspects of available data as it relates to the wastewater infrastructure, determined that improvements to the City of Dover wastewater infrastructure is necessary; and WHEREAS, the Applicant has determined that the expeditious evaluation of the Inflow & Infiltration affecting our wastewater system is desirable and in the public interest, and to that end it is necessary that actions be taken immediately; and WHEREAS, the State of Delaware, through the Delaware Water Infrastructure Advisory Council has authorized the making of matching grants to aid in financing Wastewater Systems and related services in connection therewith; and WHEREAS, the Applicant has examined and duly considered the Guidelines for said grants and the Applicant deems it to be in the public interest and to the public benefit to file an application for a grant under these Guidelines, and to authorize other action in connection therewith. NOW, THEREFORE, BE IT RESOLVED BY the Mayor and Council of the City of Dover, Delaware, the governing body of said Applicant, as follows: 1. That the said Project is essential to and is in the best interest of the Applicant and to the end that the said Project may be carried out as promptly as practical, it is desirable that action hereto be undertaken immediately. 2. That Randy Robertson, City Manager, or his designated representative, be hereby authorized to file on behalf of the Applicant, an application (in the format required by the State of Delaware and in conformity with the request hereto) for a matching grant to be made from the State of Delaware Clean Water State Revolving Fund's (CSWRF) Non-Federal Administrative Account to the Applicant to aid in defraying the cost of the Project described above. 3. That if such a grant is made, the Applicant agrees to pay all the remaining cost of the approved Project, over and above the amount of the State grant. 4. That the said Randy Robertson, City Manager, or his designated representative, is hereby authorized to accept any State grant that may be offered, to furnish such information and to take other action as may be necessary to enable the Applicant to qualify for the grant; and Page 32

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 30 5. That the said Randy Robertson, City Manager, or his representative designated as the Authorized Representative of the Applicant for the purpose of furnishing to the State of Delaware such information, data, and documents pertaining to the application for the grant as may be required; and otherwise to act as the authorized representative of the Applicant in connection to the application and in connection with any requirements of the State grant which may be made. 6. That certified copies of this Resolution be included as part of the Application to be submitted to the State of Delaware. ADOPTED: MARCH 8, 2021 Evaluation of Proposals - HVAC (Heating, Ventilation, and Air Conditioning) Design and Install for the City of Dover Warehouse, City Hall, and Electric Administration Buildings (Actionable Item) Mr. Matthew Harline, Assistant City Manager, and Mr. Michael Hamlett, Central Services Director, reviewed the background and analysis regarding the evaluation of proposals for the HVAC (Heating, Ventilation, and Air Conditioning) Design and Install for the City of Dover Warehouse, City Hall, and Electric Administration Buildings. Staff recommended awarding the HVAC Design and Install for the City of Dover Warehouse, City Hall, and Electric Administration Building contracts to Statewide Mechanical Inc. as per the proposal submitted in response to RFP #21-0007CS, 21-0006CS, and 21-0005CS and authorize the City Manager and Controller to bring back a resolution to obtain financing to cover the General Fund projects as referenced. Responding to Mr. Neil regarding the radio upgrades, Mr. Paul Waddell, Electric Director, stated that the radio systems that all City departments use to communicate with each other are antiquated. Whenever they have to call the state maintenance people about a problem they keep advising them to upgrade. Mr. Waddell stated that the CIP project was to replace all the analog systems with digital systems; however, the project kept moving down the priority list. He noted that when Mr. Harline approached him about having any place to maybe pull some additional funding from, this was the first thing that came to his mind because he did not think that they could get a quality RFP out for the radio infrastructure build prior to the fiscal year end. He stated that his recommendation and after conversations with Mr. Harline, was to push that radio infrastructure plan off until next fiscal year and give them time to communicate with the new IT director to make sure that they have all the details and put a good quality product on the street and get good bids back. Responding to Mr. Neil, Mr. Waddell stated that they are looking at FY22. Page 33

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 31 Responding to Mr. Sudler, Mr. Hamlett stated that the bid proposal was being awarded to one contractor. He noted that they solicited four vendors, two of which were obtained by the Delaware Directory of Certified Businesses, however, they only received one proposal per project and all of them were Statewide Mechanical. Responding to Mr. Sudler regarding any feedback from contractors, Mr. Hamlett stated that they received feedback from one of the vendors which noted that most HVAC companies only do the actual install per specifications. They do not necessarily do the actual design phase of it, which is generally solicited from an engineer. Mr. Hamlett advised that this particular firm was able to pull an engineer and do the design and the install. He stated that whenever it is feasible, they bundle. He noted that this particular project did not require extensive designing and they provided, for the most part, the specifications. He noted that for City Hall and the warehouse, they were basically using the same specifications that are there and they were just updating the components. He advised that for the electric administration building, they are going to gut the building and bring in a new design, it is a fairly small building, so it was not really complicated. Responding to Mr. Sudler, Mr. Hamlett advised that the company does not provide all of the services, the contractor actually solicited an engineering firm to assist them in the process. Mayor Christiansen, regarding the radios that the Electric Department uses, asked if there was the opportunity to possibly go on the 800-megahertz state bid contract. He noted that it would afford them the opportunity to have multiple channels and also interconnect with the police and the fire departments directly. Responding, Mr. Waddell stated that he spoke to someone who works at state radio maintenance about the options that were available for them to get on that network. Mr. Waddell noted that he was told that they kept it pretty locked down and, because of the growing traffic with police departments, fire departments, natural resources, and all of those groups, the chances of the City getting on it would be slim. Mayor Christiansen asked if there was an opportunity for a high band system, noting that it would afford the repeaters throughout the City as well as an opportunity to purchase equipment on the state bid. Responding, Mr. Waddell stated that he did not look at the state bid portion of it, but they had preliminary discussions with one of the local radio vendors that they do a lot of business with. Mr. Waddell stated that three or four repeaters across the City would cover them very well and the key was to give them some data transmission capabilities. He stated that they would go from their existing four channels to eight, which would give a little more flexibility with the departments inside the City. Mr. Waddell stated that they could also take that data communication aspect and use Munis to generate electronic work orders. Responding to Mr. Rocha, Mr. Hamlett stated that the contractor and engineer do Page 34

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 32 business together regularly on other projects and have done projects at this scale with the state. Mr. Neil moved to recommend awarding the HVAC Design and Install for the City of Dover Warehouse, City Hall, and Electric Administration Building contracts to Statewide Mechanical Inc. as per the proposal submitted in response to RFP #21-0007CS, 21-0006CS, and 21-0005CS and authorize the City Manager and Controller/Treasurer to bring back a resolution to obtain financing to cover the General Fund projects as referenced, as recommended by Staff. The motion was seconded by Mr. Taylor. Mr. Anderson requested that they include where the contractor is from on the information submitted so it can be easily seen. Mr. Robertson stated that in the future, he has asked that a copy of the contractor's homepage be included. (City Clerk's Office Note: Subsequent to the meeting, Mr. Michael Hamlett, Central Services Director, provided the following information regarding the HVAC Design and Install for the City of Dover Warehouse, City Hall, and Electric Administration Building: The following information was captured from the Delaware Director of Small Businesses website. Statewide Mechanical did not have their own website; however, they are a certified small and local business. Mr. Neil moved to recommend awarding the HVAC Design and Install for the City of Dover Warehouse, City Hall, and Electric Administration Building contracts to Statewide Mechanical Inc. as per the proposal submitted in response to RFP #21-0007CS, 21-0006CS, and 21-0005CS and authorize the City Manager and Controller/Treasurer to bring back a resolution to obtain financing to cover the General Fund projects as referenced, as recommended by Staff. The motion was seconded by Mr. Taylor and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Lindell and carried by a unanimous roll call vote. Evaluation of Bids - Landscaping (Actionable Item) Mr. Paul Waddell, Electric Director, reviewed the background and analysis regarding the evaluation of bids for Landscaping. Staff recommended awarding #21-0020EL Landscaping Contract to Joseph R. Smith 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. (City Clerk's Office Note: Subsequent to the meeting, Mr. Paul Waddell, Electric Director, provided the following information regarding the recommended contractor for the Landscaping contract: Landscaping - Joseph R. Smith, P.O. Box 357, Denton, MD 21639) Page 35

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 33 Mr. Hare moved to recommend awarding #21-0020EL Landscaping Contract to Joseph R. Smith 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 Mr. Neil and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Lindell and carried by a unanimous roll call vote. Evaluation of Bids - Overhead Linework (Actionable Item) Mr. Paul Waddell, Electric Director, reviewed the background and analysis regarding the evaluation of bids for Overhead Linework. Staff recommended awarding #21-0021EL Overhead Linework Contract to AUI Power 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. (City Clerk's Office Note: Subsequent to the meeting, Mr. Paul Waddell, Electric Director, provided the following information regarding the recommended contractor for the Overhead Linework contract: Overhead Line Work - AUI Power, Inc, 1600 W. Pulaski Highway, Elkton, MD 21921) Mr. Hare moved to recommend awarding #21-0021EL Overhead Linework Contract to AUI Power 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 Mr. Anderson and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Lindell and carried by a unanimous roll call vote. CliftonLarsenAllen LLP Audit Results and Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ending June 30, 2020 (Actionable Item) Mr. Remi Omisore, CliftonLarsenAllen LLP (CLA), reviewed a presentation titled, "City of Dover, Delaware Audit Results Year Ended June 30, 2020. Staff recommended acceptance of the report. Mr. Hare moved to recommend acceptance of the report, as recommended by Staff. The motion was seconded by Mr. Neil and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Lindell and carried by a unanimous roll call vote. Page 36

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 34 Segal Waters Consulting - Classification, Compensation and Benefit Study This item was referred back to staff and will be re-scheduled at a later date. Mr. Neil moved for adjournment of the Legislative, Finance, and Administration Committee meeting, seconded by Mr. Hare and unanimously carried. Meeting adjourned at 8:37 p.m. Mr. Neil moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mr. Lindell and unanimously carried. Meeting adjourned at 8:37 p.m. By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Mr. Lindell and carried by a unanimous roll call vote. MONTHLY REPORTS - JANUARY 2021 By motion of Mr. Neil, seconded by Mr. Lindell, the following monthly reports were accepted by consent agenda: City Assessor's Report City Council’s Community Enhancement Fund Report City Manager's Report City Planner's Report Controller/Treasurer's Budget Report Fire Chief's Report Police Chief's Report SETTING OF PROPERTY ASSESSMENT APPEALS Staff recommended that the 2021 Property Assessment Appeals be scheduled for May 17, 2021 through May 21, 2021 from 9:00 a.m. until 4:00 p.m.; May 24, 2021 through May 28, 2021 from 9:00 a.m. until 4:00 p.m. (if needed); June 1, 2021 through June 4, 2021 from 9:00 a.m. until 4:00 p.m. (if needed); and one evening (if needed). Members were advised that the hearing times were subject to change. Mr. Neil moved for approval of the dates and times recommended by staff for the 2021 Property Assessment Appeals, seconded by Mr. Anderson and unanimously carried. CITY MANAGER'S ANNOUNCEMENTS Mr. Randy Robertson, City Manager, announced that four linemen, Jason Bitter, Matthew Espil, Brian Kempista, and Liam Maher, saved a dog from a burning house and may have saved the burning house and did an extraordinary job. He stated that he hopes they will read more about it in the newspaper and that the Mayor was arranging some other kinds of recognition for them. Page 37

D Item #1. CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 35 Mr. Robertson announced that it was the first day full opening day for the City in months and there had been no adverse reports from the department heads he talked to. He thanked Mr. Matt Harline, Assistant City Manager, for orchestrating the opening. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Rocha, in reference to COVID vaccinations, announced that the Delaware Racial Equity Collaborative (DRJC) would be meeting Wednesday, March 10, 2021 from 1:00 p.m. to 2:00 p.m. to discuss providing information about the vaccine and the locations that the vaccine would be available to the Black and Brown community. He encouraged anyone who was interested in participating to contact him for an invitation. Mr. Anderson moved for adjournment, seconded by Mr. Neil and unanimously carried. Meeting adjourned at 9:42 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of March 8, 2021 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2021\03-08-2021 REGULAR.wpd Exhibits Exhibit #1 - PowerPoint Presentation - Comprehensive Plan Amendment, Lot 1 & 2, Dover Mall Page 38

EXHIBIT #1 Comprehensive Plan Regular Council Meeting of Item 03/08/2021 #1. Amendment Lot 1 & 2 Dover Mall March 5, 2021 BECKER MORGAN G R O U P ARCHITECTUR~ ENGINE ERIN Page 39

PATRICK SISSON Item #1. At the Alderwcod Mall in Lynnwood, a subu rb north of Seattle, an adaptive reuse project The Dying Mall's New Lease on Life: Apartments already in prog ress suggests that America's vast stock of fading shopping infrastructure could indeed get a second fife as places to live. Such t ransformation could even bring malls abser to the " village square" concept they were initially envisioned to become. 07/13/ 2020 Citylab RECENT TWEETS Pat June 2020 Tweets by @freqresponse -~.--· •· •," I· No Comments Category : OtyLab Share: Twitter facebook Google+ It's definitely, finally, without a doubt, the end of mans, right? The multiple crises impacting the U.S. economy - the botched response to the coronav1rus and the resulting economic: falbut, and lack of spending power - have derivered a new gut punch to brick-and-mortar retal, a sector that was already reeing. More than haf of au U.S. department stores in malls wUI be gone by 2021 , one real estate research firm prediets, and surviving retailers may not be far behind; once-mighty brands such as Cheesecake Factory and the Gap are skipping rent payments, Starbucks is closing ,-_.. :.,,,. ff. · o- .,. . - .. - BECKER MORGAN (; R L) l I' SOUTtt~ASTERN 19 c1l)n , .~ AIKEN MALL MIXED USE REDEVELOPMENT CO\'Cl :PTl . /\ [. M/\S ITR Pl.AN -\lhl , . -.;1 .. . . . ..... ,, '· . . . , Page 40 ARC II ITECTlJRE E:--GIN E ER!:\G TOWN CENTERS

Item #1. BECKER MORGAN N G R O U P Page 41 ARCHITECTURE ENGINEERING Requested Land-use Change

Dover, DE Code of Ordinances Item #1. Section 22. - Airport environs overlay zone (AEOZ). 22.1 Purpose and intent. The airport environs overlay zone (AEOZ) is expressly intended to protect the public health, safety, and welfare by identifying areas impacted by high levels of aircraft noise, and the potential for aircraft accidents associated with airport operations, by regulating land use and the con struction of buildings within such areas. The AEOZ is further intended to preserve and promote the integrity of the mission of c!' Base (DAFB) as a matter of local, regional and national importance, by,~.._.._~lllii..::'11~ DAFB from encroachment of incompatible land uses The AE07 all se) zone that applies additional standards and requirements t~~ 1esj ated therein . (a) The AEOZ 1s based on information provided by tb~ (r ~ ce Base's Air Installation Compatible Use Zone Study Upd?t :he o,_ all work with the Dover Air Force Base to update the provisions of this ~ ~ n a'jj~eeded . (b) In case of conflicting standards and requ~ e. -~ more stringent standards and requirements shall apply. Uses pro, · ed b:J e underlying zoning designations of the properties within the AEOZ" ' , - ted by this section. 22 .2 Definitions. #J~ (a) Air installations compc /dse zo, s (AICUZ): is a department of defense program to 1 etv.~l?r installations and neighboring communities. (b) e~ raphic area that is affected by airport air traffic operations f i:J on the be of those areas immediately impacted by aircraft noise of the a~~- 65 ~Pci ~ ~ J nd greater noise exposure areas as delineated by the current and a rovP~ , ~ r compatibility use zone study. This area is represented as the airport ~ T ons, rlay zone (AEOZ). t average A-weighted sound level (DNLJ: is a cumulative aircraft noise index ich estimates the exposure to aircraft noise and relates the estimated exposure to n expected community response; a 24-hour energy average sound level expressed in decibels (dBs), with a ten-decibel penalty applied to noise occurring between 10:00 p.m. and 7:00 a.m. (d) DNL contour: is an isoline linking together a se ries of points of equal cumulative noise exposure based on Ldn metric. Such contours are developed based on aircraft flight patterns, number of daily aircraft operations by type of aircraft and time of day, noise characteristics of each aircraft, and typical runway usage patterns. (e) Decibel (dB): is a unit of measure of sound pressure or intensity. BECKER MORGAN N (; R L) l I' Page 42 ARC II ITECTlJRE E :-;GIN E ERI:-;G NOISE REDUCTION

Item #1. Questions BECKER MORGAN G R O lJ P Page 43 ARC H ITEC T U R E ENGINEERING Comprehensive Plan Amendment Request

D Item #2. Economic Development Committee Minutes February 9, 2021- 4:00 p.m. The Economic Development Committee Meeting was held by video conference on February 9, 2021 at 4:00 p.m. with Mayor Robin R. Christiansen presiding. Committee Members present via video or telephone were Councilman David Anderson, Kim Adams, Dave Hugg-City Planner, Diane Laird, Matt Harline-Assistant City Manager, and Randy Robertson-City Manager. Linda Parkowski and Shannon Heal from Kent Economic Partnership were present. Councilman Roy Sudler and Clayton E. Hammond II were not present. WELCOME At 4:00 pm Mayor Robin R. Christiansen called the Economic Development Meeting to order. ADOPTION OF AGENDA Mayor Christiansen called for a motion to adopt the Agenda. Dave Hugg moved for adoption of agenda, seconded by Diane Liard, unanimously carried. (Councilman Roy Sudler, Clayton E. Hammond II absent). ADOPTION OF MINUTES Mayor Christiansen called for a motion to adopt December 15, 2020 minutes. Dave Hugg moved for adoption of minutes, seconded by Diane Liard, unanimously carried. (Councilman Roy Sudler, Clayton E. Hammond II absent). KENT ECONOMIC PARTNERSHIP-LINDA PARKOWSKI AND SHANNON HEAL DEMO KEP/CHOOSE CENTRAL DELAWARE WEBSITE TO DESCRIBE HOT TO COLLECTIVELY RESPOND TO INQUIRIES. Linda Parkowski states Diane Liard, Downtown, Dave Hugg, and the municipalities are all working well together, and it is paying off, all Central Delaware is winning. On site selector website www.choosecentraldelaware.com, under ours services click site selection assistance, then find a site. If someone calls the office, Kent Economic Partnership (KEP) goes to this area on the website and clicks on property search. To keep property, search up to date Shannon Heal goes to all commercial realtors to update any listings they have into the property search area of website. Next, click on location, this can sort by county or city. Will only show industrial and larger commercial properties not residential properties. If an inquiry for building and acres is made, website allows to input those parameters and filters the properties. To save and compare Page 44

Economic Development Meeting of February 9, 2021 PAGE 2 D Item #2. properties click on heart, create folder, name folder, then hit add folder. Once back at the list of properties click on heart and click add to folder that was just created. Properties will show everything, property details, aerial photos, google maps, and realtor information. After saved into folder can create a report in a pdf or excel sheet. Website allows sharing properties and to save downloads. Virtual tours are available for some properties. Shannon Heal continues to present the rest of the website. At the top of the screen click on Community Data this tab gets more down to demographics of each municipality for example, population, median age, population of growth, education, brief labor force, blue collar, white collar, how many businesses, median house hold income, how they spend money, owners vs. renters, transportation, and tax information. All can be converted to pdf and shared. Clicking Occupation Data at the top of the screen shows median wages per job category, demographics- age, sex, ethnicity, number of households, and income households. Click Labor force gives number of employees and types of establishments. All can be converted to pdf, excel, and shared. Data is continuously updated if link is sent link it will give up to date data if clicked on a year from sending. Website allows comparison of communities to do this click on Compare communities. This will bring up comparison report for any 2 cities chosen. Tab at the top for Businesses can break down businesses by the naics code and each industry is a different color. Lastly, clicking Talent Report will provide university data including top 5 programs and number of graduates. Linda Parkowski states website is very useful, she had company looking for healthcare expenditures and was able to pull up expenditures for healthcare by city. Diane Laird, asks, DDD has a lot of going on with Office of State Planning coordination for each city, getting DDD district, and value. Part of that is connecting to DPP information and on that site, they have market data. Is it from the same source and will it have exact data? Linda Parkowski responds this is Zoom Prospector. DPP has data for the whole state where we (Zoom Prospector) have it for Kent County, all of Milford and all of Smyrna. They are the same company and pull from same market data. Diane Laird states parking discussion is looking at other towns similar to Dover does it go backward if we do not know the name of City? Linda Parkowski answers, no, we have not found that is does. Current issue with site is making sure commercial and industrial data is up to date. Dave Hugg in the past we have not had access to this data in the past. When people call, they want the data now and not in weeks this site allows that. Secondly is a value that is available to anyone. Most time people looking at Dover or Kent County know more about it then we do, they won’t be baffled by are marketing. They run a lot of analysis being able to know some of the data that they know and being able to talk to them on the same page is important. Dave Hugg states he is really anxious to start doing trend analysis to see what is happening over time to give us an idea of what the next couple of years will look like. Appreciate Linda and Shannon getting this site up and running and coming to present it. Linda Parkowski says Dave is so right most of the bigger companies have done their research, they have data sources, we are talking to a different data source for jobs portion that a site selector recommended to us. Every inquiry KEP gets they use this site, it is very efficient and very fast. Diane Laird, asks they have a couple of sites downtown that are large developmental prospecting opportunities if they are on the site? Diane Laird says the properties are not manufacturing or warehousing they are mixed use, residential, commercial, and retail. Linda Parkowski tells Diane if you send them to Shannon Heal, she can add them in Page 45

Economic Development Meeting of February 9, 2021 PAGE 3 D Item #2. there, and asks are they listed by a realtor? Diane Laird, Yes, they are. Okay if you send them to Shannon, she will get them on there. Mayor Christiansen says thank you Linda and Shannon for your presentation. Next, we will move on to Mr. Hugg. Mr. Hugg, in your presentation we have had several inquiries from committee members about diversity of the comprehensive plan on things that it does and does not address. If you could speak on that. CITY OF DOVER PLANNING UPDATE GIVEN BY DAVE HUGG Dave Hugg update on there is a lot going on that I do not always update on. List of what is happening now Us Corrugated final plans and permits have been approved and issued and begun site work. This is a big win for Dover and Kent County. Site plans have been approved for new Dover Middle School. In site planning with Cassidy Commons which is a group of warehousing and small manufacturing buildings on Lafferty Lane. Built 4 or 5 of the initial plans out of 10 now have site plan approval for the balance of that project. Cassidy Commons is a nice incubator site for smaller medium size companies with 1-4 employees. City of Dover has been working with Landing Square where the new State Police Headquarters is being built. Landing Square has an office building in site planning which they have a tenant for. Landing Square were in yesterday for preliminary discussion for a new mixed use multi story building on the front side of that property with office/store front and residential above. This is interesting concept to reintroduce residential to bay road area. Expecting application very soon to some new warehouses and contractor yard on Lafferty Lane. Mr. Parkowski has property he is moving forward on. Received serious inquiries revisiting Stonebrook 1 and 2 off Denny’s Road. Developments that never got started because housing has been slow to recover. Continuing design work with State for Family Court building looking at land acquisition and site design issues. Working with Tommy Carwash, Dupont Plaza, and several other projects around the City. DDP with Diane having high prospects about to jump off downtown. Quick summary of what happened in the last year wasn’t a good year for retailors. Last year City of Dover lost A.C. Moore, Pier 1, 33 West, Macy’s, Where Pigs Fly, Save a Lot, and Rite Aid. Our number in revenue is down from that. 300 business did not renew licenses heavily concentrated in small construction and retail. City of Dover picked up Crab de Jour, Hobby Lobby, Tender Bones, Red Robin, Us Corrugated, Avalon, LIDL, and House of Hope. We look encouraging a lot of closing buildings back filled quickly. 33 West good example closed end of the year and new tenant is about to move in with a new restaurant. Lastly, Dave Hugg shares data, today we work closely with Kent Economic Partnership and Delaware Prosperity Partnership (DPP) the City relies on them for data and research. John Taylor Research Director at DPP sent information to help understand what is going on in Dover and Kent County. One table is job loss 18 percent in Services 11 percent in Leisure this is State Wide. Kent County numbers chart shows where we took a hit. Important to track what is happening in the county. Unemployment Rate at City of Dover level April, May, June, July peak and recovering not as fast as County and State but still economy is recovering. Page 46

Economic Development Meeting of February 9, 2021 PAGE 4 D Item #2. The Comprehensive Plan is primarily land development plan. Shows how we hope future of City will evolve land uses will go, where to put industrial and commercial activities. It has impact on social issues it is not a social development or services plan. It is Economic focus more context where we can grow jobs and employers. Doesn’t mean all those things aren’t important it does talk about blight removal, trying to strengthen down town. Its focus is not specifically on training, job opportunities, and social kinds of issues. I agree with the Mayor Dover is looking pretty good and I think outlook is very good. MAYORS ANNOUNCMENT Mayor Christiansen asks, does anyone have anything to bring before committee? Councilman Anderson, states good report today I hope people will tune in next month to the Park and Recreation Community Enhancement Committee. There will be an item of interest for the members of this committee. Tying Community Development strategy in with Comprehensive plan with Economic Development. Gigi Windley will be a part of that discussion as well. Diane Laird updates the artisanal market prospects have signed the lease. Have a lot of sub vendors. There will be no large stalls it will be one large store. Working on sub agreements with each of the sub vendors. Downtown Dover Partnership will do a press release within the next week. Rebel Cove coming in to 33 West, it was a 3-week turnaround from available sign in the window. Three other potential food concepts to open within 2021. Parking concept is still going on Wednesday at Noon, speaker from Old Pasanda California, will speak on using parking funds to go back into downtown. A solution regarding parking will be about summertime with implementation after that. Mayor Christiansen states, downtown is taking off like a rocket, 2021 will be the year for downtown. The United State Post Office is really on the move. Take a look at downtown Dover landing cardboard plant, filling empty buildings, despite the pandemic we are continuing to move forward. Thank you to Mr. Hugg, Downtown Partnership, Linda, everyone involved, and members of Council for their continued enthusiasm. Council Anderson asked Diane Laird what the location of the Artisanal Market is. Diane says, Market is at 204 West Loockerman next to Bayard Pharmacy across from Janaids Barber. The only Vacant spot since the building was built. Linda Parkowski, the box plant landed on the name, Delaware Corrugated Packaging. NEXT MEETING DATE March 9, 2021 ADJOURNMANT Page 47

Economic Development Meeting of February 9, 2021 PAGE 5 D Item #2. Mayor Robin R. Christiansen called for a motion to adjourn. Councilman Anderson moved for adjournment, seconded by Dave Hugg, unanimously carried. Meeting adjourned 4:50 pm Page 48

COUNCIL COMMITTEE OF THE WHOLE D Item #3. The Council Committee of the Whole met by video conference on March 9, 2021 at 6:04 p.m., with Council President Hare presiding. Members of Council present via video or telephone were Mr. Anderson, Mr. Sudler, 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 6:18 p.m.) Col. Dix, Retired, (Parks, Recreation, and Community Enhancement), Mr. Contant (arrived at 6:03 p.m.) and Mr. Shevock (Legislative, Finance, and Administration). LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Lindell presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Taylor and unanimously carried. Evaluation of Proposals - Roof and Gutter Replacement at Weyandt Hall (Actionable Item) Mr. Matthew Harline, Assistant City Manager, reviewed the background and analysis regarding the evaluation of proposals for the Roof and Gutter Replacement at Weyandt Hall. Staff recommended awarding the Roof and Gutter Replacement at Weyandt Hall to Quality Exteriors, INC. as per the proposal submitted in response to RFP #21-022FM. Mr. Hare moved to recommend approval of Staff's recommendation, seconded by Mr. Neil. Responding to Mr. Shevock, Mr. Michael Hamlett, Central Services Director, stated that it is a synthetic slate roof and comes with a 50-year limited warranty. Mr. Hare moved to recommend awarding the Roof and Gutter Replacement at Weyandt Hall to Quality Exteriors, INC. as per the proposal submitted in response to RFP #21-022FM, as recommended by Staff. The motion was seconded by Mr. Neil and unanimously carried. Proposed Ordinance #2021-06 Amending Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, Section 102-113 - 4 Qualifications, (b)(2) - Qualifying Industry/Businesses by Investment (Actionable Item) Mr. David Hugg, Director of Planning and Community Development, provided an overview of proposed Ordinance #2021-06 Amending Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, Section 102-113 - 4 Qualifications, (b)(2) - Qualifying Industry/Businesses by Investment. Staff recommended adoption of Proposed Ordinance #2021-06. Mr. Neil asked if the amendments would help Habitat for Humanity, National Council on Agriculture Life and Labor Research Fund, Inc. (NCALL), and Delaware State Housing Authority (DSHA) in finding homes for permanent residences. Responding, Mr. Hugg stated that a portion of Section 102-113 provides a real estate tax abatement for residential development in the downtown target area. He advised that it is the program that is used extensively by NCALL, Habitat for Humanity and Milford housing, to provide an Page 49

COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 9, 2021 PAGE 2 D Item #3. additional benefit to the those that are buying low-income houses in those neighborhoods. Mr. Hugg stated that it has been a very successful program. He noted that there is also a provision in Section 102-116 of the Code that relates to affordable apartment projects. Responding to Mr. Neil, Mr. Hugg advised that he did not believe there were provisions for fixing rent, but noted that he does not work with that program often enough. He stated that they have only used it one time in recent history. Mayor Christiansen noted that incentives were granted to Bayard Apartments when they were constructed. He stated that if there was not a mechanism in place, they should see if there is an incentive that the City can offer to address the issues that Mr. Neil is concerned with. Mr. Sudler asked if there would be any job opportunities for non-skilled, older constituents to obtain new skills for employment advancement. Responding, Mr. Hugg advised that proposed Ordinance #2021-06 does not address workforce issues. He stated that there are initiatives underway with both the Greater Kent Committee and the Kent Economic Partnership (KEP) to identify some of the workforce deficiencies and how to address them. Mr. Hugg stated that when looking at the potential target industries for Dover and workforce within 30, 45, and 60-minute drive times, there are adequate workforce resources available to meet those industry jobs. Mr. Hugg stated that those jobs are heavily dominated by distribution, warehousing, logistics, basic packaging, manufacturing, and they are great sources of entry level and lower skills. He noted that the other target industries are probably more skills-specific, such as business services, legal, accounting, and IT areas. He stated that the job inquiries they have looked at recently have been relatively solid skill requirement jobs. Mr. Anderson asked if there were any other zoning designations that would benefit from being included. Responding, Mr. Hugg stated that they have a very attractive set of incentives for the downtown, both on the residential and the commercial side. He noted that they have the capability to assist people with their facade improvements, but they do not have an attractive set of incentives for business activities that are outside of the downtown and not $3 million or bigger. He noted that is something they may want to think about. Responding to Mr. Sudler regarding workforce development, Mayor Christiansen stated that it is a large part of what they discussed during the Economic Development Committee meeting. He noted that KEP certainly has recognized it and the one thing that they found in dealing with several employers that have wanted to come to Dover was that other employers have told them that while they have a workforce that wants to work, there is a lack of work ethic. He stated that they are going to have to work on training people for these jobs that are going to come and they need to partner with the schools and develop employees that not only want a job, but are going to work when they get there. Mr. Neil moved to recommend adoption of Proposed Ordinance #2021-06, as recommended by Staff. The motion was seconded by Mr. Rocha and unanimously carried. Membership - National Community Reinvestment Coalition (Actionable Item) Councilman Anderson provided an overview regarding Membership to the National Community Reinvestment Coalition (NCRC). (City Clerk's Office Note: The National Community Reinvestment Coalition was incorrectly listed on the Council Committee of the Whole agenda and has been corrected.) Page 50

COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 9, 2021 PAGE 3 D Item #3. Mr. Anderson advised that the cost for membership with the NCRC was $900.00. He noted that it was 30 years old, has 600 members and is based out of Washington D.C. He stated that the NCRC upcoming conference was $50.00 for two days of virtual training and networking and is dedicated to champion fairness and indiscrimination through economics. Mr. Anderson stated that NCRC wanted to recommend the Growth Initiative because it seems to fit the profile they are looking for. He advised that the initiative would offer help with workforce development and allow the City to deal with abandoned and vacant buildings and turn them into affordable housing. Responding to Mr. Lindell, Mr. Randy Robertson, City Manager, stated that the only thing they could not find was if their dues were paid on an annual basis. He noted that they did not know if it starts in a fiscal year or calendar year. Mr. Robertson asked what value the City would get in two and half months. Responding to Mr. Rocha, Mr. Anderson stated that the NCRC does not provide grant monies directly to municipalities, but the City would be creating partnerships with other nonprofits and churches. Mr. Anderson noted that it is based on the partnerships and community development corporations. Although the City has some, they are not currently funded. Mr. Anderson noted that one of the reasons he would like for the City to join now is so that they can put in a nomination and for the May training, which costs $50.00 for members. Mr. Robertson noted that they also have a platform for the grant writer, eCivics. He stated that it would add networking and the value of providing a different source of grant-related activities. Mr. Harline noted that the platform, when they go back to it on an annual basis, is $6,000 a year. Mr. Hare moved to recommend that the City Manager and Assistant City Manager review the membership and proceed with joining. The motion was seconded by Mr. Sudler and unanimously carried. Mr. Hare moved for adjournment of the Legislative, Finance, and Administration Committee meeting, seconded by Mr. Anderson and unanimously carried. Meeting adjourned at 6:39 p.m. 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. Silver Lake Kayak Launch Project (Actionable Item) Mr. Matthew Harline, Assistant City Manager, reviewed the background and analysis regarding the Silver Lake Kayak Launch Project. Staff recommended approval of the plan for the kayak launch area as recommended by the Silver Lake Commission. Page 51

COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 9, 2021 PAGE 4 D Item #3. Mr. Hare moved to recommend approval of the plan for the kayak launch area, as recommended by Staff. The motion was seconded by Mr. Neil and unanimously carried. Annual Report from Silver Lake Commission (Informational Item) Mrs. Tricia Arndt provided an annual report from the Silver Lake Commission, as follows: • The Silver Lake Commission had four virtual meetings and their major project was the Silver Lake Kayak Launch Project which was an initiative working with Mr. Josh Gainey, University of Delaware's Costal Resiliency Design Studio student. • The Silver Lake Commission had a cleanup on February 6, 2021 with students from Holy Cross' National Junior Honor Society. They were out cleaning for two hours and did a great job. • There is another cleanup scheduled for April 17, 2021 that will be with Holy Cross' National Junior Honor Society, but it is opened to the community. • Due to her joining City Council, Mrs. Arndt has resigned as Chair of the Silver Lake Commission, which leaves a vacancy. They did welcome a new member, John DeMarie, but they will still be down two members. A good candidate would be someone who is social media savvy with outreach skills. Update on the Request to Delaware Congressional Delegation Regarding Disposition and Maintenance of Wetland Pond Adjacent to Pat Lynn Drive at the Site of the Proposed New Middle Schools (Informational Item) Mr. Adewunmi Kuforiji, Interim Assistant Superintendent, Capital School District, provided an update regarding the Request to Delaware Congressional Delegation Regarding Disposition and Maintenance of Wetland Pond Adjacent to Pat Lynn Drive at the Site of the Proposed New Middle Schools. Mr. Tony DePrima, Capital School District Board of Education Member, noted that the map provided was prepared so that they were all on the same page regarding how things would be maintained and they would have something to compare it to. Responding to Mr. Rocha regarding feedback from federal legislators, Mr. Anderson advised that they are still working on it and moving forward, but he was informally told that it is highly unlikely to be approved because the Corps of Engineers opposes it. Mr. Sudler stated that he made contact with all three offices and they have assured him that they would convey their concerns and get back with them. Mr. Sudler stated that it has exceeded the timeframe which he thought they should possibly be back. He noted that this is a time sensitive matter that has been ongoing for over five years and they would continue and hopefully have a joint effort from the Capitol School District to continue to inquire and let them know the urgency and importance of gaining approval. Presentation - Bayhealth Hospital - Strategic Facilities Master Plan (Mr. John Van Gorp, Bayhealth Senior Vice President of Planning and Business Development) (Informational Item) Mr. John Van Gorp, Bayhealth Senior Vice President of Planning and Business Development, reviewed the presentation entitled, "Strategic Facilities Master Plan," (Attachment #1). (City Clerk's Office Note: Due to technical difficulties with Ms. Georgeanna Windley's microphone, agenda item #7 - Presentation Strategic Framework for Community and Economic Development was switched with Page 52

COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 9, 2021 PAGE 5 D Item #3. agenda item #8 - Presentation Bayhealth Hospital Strategic Facilities Master Plan to allow Ms. Windley time to reconnect her microphone.) Responding to Mr. Rocha, Mr. Van Gorp stated that a total of 37 physicians were recruited in the last 14 months. Responding to Mr. Anderson regarding workforce development, Mr. Van Gorp advised that they continue to be in growth mode and it is a continuous struggle to find the professional staff necessary. He noted that there are shortages in a variety of areas, including physicians, nursing staff, physical therapists, lab technicians, and DI services. There are a number of very good, well-paid, professional jobs that they continue to struggle to fill. Mr. Van Gorp noted that they work very closely with Delaware Technical and Community College (DTCC), Wesley College, and Delaware State University, and they are doing their best to try to expand. He advised that DTCC and Delaware State University are looking to expand their health services programs to try to provide the workforce that is needed. Presentation - Strategic Framework for Community and Economic Development (Ms. Georgeanna Windley) Ms. Georgeanna Windley, Professional Economic Developer, expressed concerns regarding economic development within the City of Dover. She noted that one of the things that she sees with the City is their great job with the Downtown Development Corporation. Ms. Windley asked if the City was looking at the business climate and the business and income tax levels, workforce availability, energy cost, market size, and the quality of services that are offered. She asked if there was a comprehensive plan for economic development with goals and objectives that is revisited on a regular basis and measured. Mr. David Hugg, Director of Planning and Community Development, referred Ms. Windley to Chapter 10 of the City's Comprehensive Plan which outlines a specific set of policies, goals and objectives for the City. He advised that the City is a part of the Kent Economic Partnership (KEP) and a lot of the information that Ms. Windley has identified is included in the sets of data that the City uses when responding to requests for proposals or other recruiting efforts. Mr. Hugg noted that the City has incentives available and that they do not have a separate strategic economic plan in the sense that the US Economic Development Administration at one time proposed. Ms. Windley expressed her concerns regarding the difference between a Comprehensive Plan and an economic development plan. Mayor Christiansen stated that when the Dover Development Office went out of business, those on the Kent Economic Partnership got together to address quite a few of the issues that Ms. Windley has brought forward and it incorporates tourism and workforce development. He noted that Ms. Linda Parkowski, Executive Director of the KEP, obtained the City the Rockport Study to tell where deficiencies are. He noted that they felt that even with the creation of the Delaware Prosperity Program, that Kent County would be left behind and that is why the County, the City of Dover and a number of municipalities throughout the County, went together to address the issues that Ms. Windley has brought up and have moved forward. Mayor Christiansen advised that part of those efforts was bringing U.S. Corrugated’s cardboard box manufacturing plant to Dover, as well as other industries that are considering the City. He noted that, during the Economic Development Committee meeting held prior to the Council Committee of the Whole meeting, some of their plans and incentives were granted for development of the joint use facility at Kent County Airport. Page 53

COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 9, 2021 D PAGE 6 Item #3. Mayor Christiansen stated that they are working in partnership with the school districts to develop the workforce. He noted that those efforts are in place and they have had quite a few successes. Mayor Christiansen noted that a Joint Use Agreement with Dover Air Force Base is going to provide them with a kick to do what needs to be done to address the economic vitality not only Dover, but for the entire area. Mr. Neil stated that as liaison for City Council on tourism in 2015, the tourism board took a total metamorphosis. He advised that they went out and got Streetsense to provide the mirror of what they had to do. Mr. Neil advised that events that use to be volunteer supported efforts went through a complete change in terms of professionalism and, as a result, people can go online for tourism and see a very active Kent County. He noted that it has continued throughout this pandemic. Mr. Neil advised that each month there are five different places that the locals can attend and they actually received some national praise from professional organizations. He noted the tax abatement program and stated that it is designed as part of the total picture. He advised that Ms. Diane Laird, Executive Director of the Downtown Dover Partnership (DDP), has done a marvelous job of having events that will attract people. He noted the City lighting system that is primarily for safety is going to help the downtown area as well. Mr. Hare suggested that this item be brought back to the Council Committee of the Whole or the Economic Development Committee to give Staff enough time to prepare some information. Mr. Hare moved for adjournment of the Parks, Recreation, and Community Enhancement Committee meeting. The motion was seconded by Mr. Lindell and unanimously carried. Meeting adjourned at 7:54 p.m. Mr. Lindell moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mr. Anderson and unanimously carried. Meeting adjourned at 7:54 p.m. William F. Hare Council President WFH/TM/jt S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\2021\03-09-2021 CCW MINUTES.wpd Attachments Attachment #1 - Presentation entitled “Strategic Facilities Master Plan” Page 54

ATTACHMENTItem #1 #3. Council Committee of the Whole Meeting of March 9, 2021 Bayhealth Strategic Facilities Master Plan March 9, 2021 Page 55

BAYHEALTH STRATEGIC PLAN 2021-2023 D Item #3. OUR BRAND PROMISE Growth, Access We are driven to bring the & Consumerism Organizational nation•s best healthcare to our Excellence communities here at home. GOAL Improve access to c are and introduce services GOAL to inform and p romote convenience to patient Imp rO\re quality and service while OUR MISSION r educing tbe cost of care through enhancing To strengthen the health of our STRATEG IES efficiency and effectiveness. community, one life at a time. Address the shortnges in primary care and other STRATEGIES key sp ecialties. OUR VISION Successfully implement G mduate Medical Continue focus as a high-performing organization To deliver the nation's best Education initiative. Advance population health capabilities. healthcare co our communities Expand Bayhe alth's sites of care. Drl\>e reduction in cost of care here at home. Implement conswner services to elevate convenience and enhanced quality. to patients. OUR VALUES Compassio11: We are kind and caring to everyone we encounter. Accountability: Each of us is responsible for our words, our actions, and our results. Respect..· We value everyone and Culture treat people with dignity and &Alignment professionalism. GOAL Integrity: We build trust through Collaborations Adv:i.IlCe a rulture of h1Qh engagement and responsible actions and honest GOAL hiQ"h perform ance, relationships. Afliliate with trusted partners to STRATEGIES Teanrwork: We achieve more elevate services to the community. Strengthen .. syscemness" of Bayhealth and when we collaborate and all STRATEG IES eliminate barriers between sites of c.are. work together. Participate in affiliations that B iNate use of data and analytics in assessing dem onstrate value ID Ba.yh ealth service delivery. El:plo r e non-traditional Implement processes to :ill.ow care p roviders collaborations. to increase patient forus and improve per sonal wellness. t sayhealth THE DRIVE IS here~ NM3377 06/2020 Page 56

BAYHEALTH STRATEGIC PLAN 2021-2023 D Item #3. OUR BRAND PROMISE Gro We are driven to bring the &C Growth, Access nation•s best healthcare to our communities here at home. & Consumerism OUR MISSION To strengthen the health of our community, one life at a time. GOA L OUR VISION Improve acce to care and introduce ervice To deliver the nation's best healthcare to our communities to inform and promote convenience to patient. here at home. OUR VALUES Compassio11: We are kind and STRATEGIES caring to everyone we encounter. Address the shortages in primary care and other Accountability: Each of us is responsible for our words, our key specialties. actions, and our results. Respect..· We value everyone and Successfully implem nt Graduat Medical treat people with dignity and professionalism. Education initiative. Integrity: We build trust through responsible actions and honest Expand Bayhealth's sites of care. relationships. Implement consumer services to arul Teanrwork: We achieve more when we collaborate and all elevate convenience m assessing work together. Particip dem onstrate to patients. El:plore non ow care providers collabora orus and improve wellness. t sayhealth THE DRIVE IS here~ NM3377 06/2020 Page 57

Agenda D Item #3. 1. Physician Recruitment 2. Projects Completed 3. Projects In Progress Page 58 { sayhealth

5 D Item #3. Physician Recruitment Page 59 { sayhealth

6 Provider Recruitment Item #3. Specialty CY 2020 CYTD 2021 Emergency Medicine 3 2 Behavioral Health 1 0 Women’s Health 0 2 Family Practice / Primary Care 8 4 Pediatrics 3 0 Internal Medicine 1 1 Orthopedic 1 0 Gastrointestinal 0 3 Surgery 2 1 Electrophysiology 1 0 Endocrinology 1 2 Cardiology 1 0 Total 22 15 Page 60 ' Bayhealth

7 D Item #3. Completed Projects Page 61 { sayhealth

8 Nemours Building Item #3. Bayhealth, Sussex Campus Nemours Services: • Diagnostic Services • Therapy Services • Specialty Care o Audiology o Physical o Allergy o ENT o Occupational, speech o Behavioral health o ECHO o Associated medical o Cardiology o EEG equipment o Endocrinology o Spirometry • Primary and Senior o Gastroenterology o X-ray o Ultrasound Care o General surgery o Neurology o Orthopedics o Otolaryngology o Pulmonary o Urology o Weight management Page 62 ( sayhealth

9 Nemours Building Item #3. Bayhealth, Sussex Campus Bayhealth Services: • Specialty Care o Colon rectal surgery o ENT o Dermatology o Endocrinology o Gastroenterology o General surgery o Maternal fetal medicine o Orthopedics o Urology o Women’s care • Primary Care Page 63 Csayhealth

10 Obstetrics Emergency Department Item #3. Bayhealth Hospital, Kent Campus Key Program Elements • 24/7 OB Physicians on Site • 4 Exam Rooms Page 64 ( sayhealth

11 D Item #3. Projects in Progress Page 65 { sayhealth

12 Additional Beds 5th Floor 24 Bed Unit Item #3. Bayhealth Hospital, Sussex Campus Status: • Construction 14 Med Surge beds o Began 1/5/2021 8 Med/Surg beds o Completion end of capab le of negative pressure isolation September 2021 2 Med/Surge iso lation ADA/ Bariatric beds Sussex Campus Projed '~ health CAN\JONJESIGN Page 66 ( sayhealth

13 Route 9 Medical Office Building Item #3. Ambulatory Center and Freestanding Emergency Department Status: • Services o 24-hour freestanding ED o Primary care o Specialist physicians o Diagnostic imaging • Construction o Expected completion in early 2023 Page 67 { sayhealth

14 Harrington Medical Office Building Item #3. Status: • Sale and Easement Agreements Finalized • Concept Design and Program Complete • Construction Estimated Completion in Early 2022 Services: • Primary Care • Specialty Care • Diagnostic Services Page 68 { sayhealth

15 Delaware Turf Item #3. Status: • Interior Fit-Out Well Underway • Estimated Move in Remains 4/15/2021 • Services o Primary care o 1st State Orthopedics o Physical therapy Page 69 ' Bayhealth

16 GME IM Continuity Clinic – 804 N. Dupont Hwy Milford Item #3. Status: ru ~8 • Permits Received STAFF LOUNGE e • Containment Installed • Demolition Complete • All The New Spaces Have Been Roughed-in And Drywall Installed. Next Steps: • Phase 1 Will Complete 2/26/21. • Phase 2 Will Begin After Staff Moves Into New Pediatrics Building. Page 70 ( sayhealth

GME: Family Medicine Continuity Clinic Item #3. 17 Status: • Sale Closed on January 29 • Lease Agreements Signed (Labcorp, CNMRI Sleep, Kent Physical Therapy) • Building Permits Obtained • Construction Underway Next Steps: • Complete Construction • Clinic Operational 6/1/2021 Page 71 { sayhealth

18 GME: On-Call Rooms & Classrooms Item #3. Bayhealth Hospital, Kent Campus r·~-i-:"=c;;;;~.;;;;~~==~~~~7t 'irr~~~~f ~~~~lEiF=rrd1r=fF7i==rr=; =n==r=~;;:::¾~I Status: Existing ED Admin. I I Conference Room I I I I • Permit Set Submitted to City I • Currently in Review by Fire Marshal I I I I I I I • Bids Received and Reviewed DD DD DD DODD I I I • fi!;;F,o I .I •I DODD 0 I I I I I I I • Relocation of Bed Storage and IT DD DD DD DODD I I . I I I I I DD DD DD DODD Complete Next Steps: • Submit to OHFLC for Approval ••••••••• 000000000 dCTl'i • Construction to Begin End of Existing ED Admin Office Suite. February Minor renovations to accommodate GME Project. Page 72 ( sayhealth

19 GME: Academic Office Item #3. Bayhealth Hospital, Kent Campus Phase 2B Status: • Phase 2A Complete • Phase 2B Fit-Out Construction Underway Next Steps: • FFE Install March 29 • Phase 2B Turn-Over 4/2/2021 Phase 2A Page 73 ( sayhealth

20 6th Floor Pediatrics Bayhealth Hospital, Kent Campus D Item #3. Key Program Elements • Locate Pediatrics Adjacent to Women’s Services • Lockdown 6 Locations • System Integration (HUGS Infant Abduction, Fire Alarm and Security Systems) • Convert 1 Patient Room to Airborne Infection Isolation Room Next Steps: • Phase 1 Completion End of March 2021 • Complete Construction by June 2021 Page 74 ( sayhealth

21 Sterile Processing Item #3. Bayhealth Hospital, Kent Campus Status: • Reconfigure Sterile Processing to Provide Improved Workflow, Storage, and Efficiency. Next Steps: • Construction o Begins April 2021 o Complete Sept. 2021 Page 75 ( sayhealth

22 Main Lobby Security Upgrades Item #3. Bayhealth Hospital, Kent Campus Project Scope: • Permanent Separation Between ED Waiting and Main Hospital ___ _ J • New Main Desk to Support Visitor Management Page 76 ' Bayhealth

23 Master Planning Item #3. Bayhealth Hospital, Kent Campus Objectives: • Modernization and Expansion of Spaces o Operating Rooms o Cath Lab o Interventional Radiology o Endoscopy services • Private Rooms • Decompression of Non- Essential Administrative and Clinical Services • Expanded Parking Page 77 { sayhealth

24 Scull Property Item #3. Page 78 ( sayhealth

25 Scull Property Item #3. ~ NOTICE ~ Dover Planning I Commission Act io n Si te Development M,1ster Plan Ba,,•.,.;,dllh St,t'I P,1,~111g Lot Ewpan'>IOr' ::11 :h~ ~(U I PrcpPr'.',' APPLICATION S 20 10 I I • Scull Property • Placed on National Register of Historic Places 3/20/1973 • Not Located Within the Dover Historic District • Building is in Poor Condition and Does Not 7 I I I I Lend Itself for Commercial Use I I I I Page 79 I Bayhealth

Dover Outpatient Center Item #3. 26 Status: • In Negotiations Announcement to Come Soon Page 80 { sayhealth

D Item #3. Page 81 G aiJhealth

Item #12. Memo to: Randy Robertson, City Manager Traci McDowell, City Clerk Date: March 18, 2021 Subj: Dissolution of Agreement for Transportation Improvement District In 2013 the City Planner brought to the Safety Advisory and Transportation Committee a proposal for creation of a Transportation Improvement District (TID) for the US13/Bay Road Corridor. In November of 2013 City Council authorized the City Manager and the City Planner to begin negotiations with DelDOT to create the TID and a proposed Agreement Regarding Dover US Route 13/Bay Road Corridor Transportation District and an accompanying map of the district boundaries. The purpose of the agreement was to create a Land Use and Transportation Plan (LUTP) which would be the basis of future capital improvements along the corridor to be funded by developer charges as development projects. Originally the City was to provide data about existing and future land development expectations with DelDOT to prepare the LUTP. The intent of the TID was to secure funding for transportation projects on a regional rather than incremental basis as future development occurred. Some data collection was done after signing of the agreement in the 2014-2015 time period, but the project stalled because of concerns over the TID boundaries and development projects that were already in the planning and construction pipeline (thereby changing some of the parameters). Discussion with DelDOT were held more recently and it was determined that much of the developable land designated in the 2013-2014 period were already committed and had been subject to specific transportation planning and analysis. DelDOT and the City determined that the market demand for increased development and redevelopment in the TID has changed and further determined that existing policies and procedures were sufficient to secure necessary transportation improvements, thereby negating the potential purposes of the original TID designation and agreement. DelDOT has proposed an agreement for dissolving the TID as no longer being necessary. Because the original designation and authorization for the agreement were approved by Council, I am recommending that the matter be sent to Council seeking authorization for the City Manager to execute the proposed Agreement of Dissolution. Please contact me if you have questions. If agreeable to this approach, please let me know and I will work with the City Clerk to put the item on an upcoming agenda. Dave Hugg Attachments: Proposed Agreement of Dissolution Page 82

Item #12. AGREEMENT REGARDING THE DISSOLUTION OF THE DOVER US ROUTE 13 /BAY ROAD CORRIDOR TRANSPORTATION IMPROVEMENT DISTRICT BETWEEN _f ' . DELAWARE DEPARTMENT OF TRANSPORTATION, CITY OF DOVER AND DOVER/KENT COUNTY METRO POLIT AN PLANNING ORGANIZATION PROJECTMANAGER: SARAH COAKLEY,DELDOT THIS AGREEMENT, made and entered into this_ _ _ __ _ _ day of _ _ __ _ _ _2021 , by and between the Delaware Department of Transportation, as First Party, hereinafter referred to as the DEPARTMENT, the City of Dover, as Second Party, hereinafter referred to as the CITY, and the Dover/Kent County Metropolitan Planning Organization as Third Party, hereinafter referred to as the Metropolitan Planning Organization or MPO. WITNESSETH: WHEREAS, the DEPARTMENT and the CITY established a Transportation Improvement District, hereinafter referred to as the TIO, in the US Route 13 / Bay Road Corridor, through an agreement executed on November 19, 2014, and WHEREAS, the TID was established for the purpose of securmg required improvements to transportation facilities in that area. and WHEREAS, the DEPARTMENT and the CITY have determined that market demand for increased development and re-development in the TIO has changed since the November 2014 agreement, and WHEREAS, the DEPARTMENT and the CITY have determined that existing policies and procedures are sufficient to secure required improvements to transportation facilities in the TIO, and Page 83

DOVER US ROUTE 13 /BAY ROAD CORRIDOR Item #12. TRANSPORTATION IMPROVEMENT DISTRICT Page 2 of3 WHEREAS, the purpose of the MPO is to coordinate land use and transportation planning within the area it serves, which includes the geographic boundaries of the TID, and the MPO is a party to the November 2014 agreement, NOW, THEREFORE, for and in consideration of the mutual covenants, hereinafter stipulated to be kept and performed, it is agreed between the parties as follows: The DOVER US ROUTE 13 /BAY ROAD CORRIDOR TRANSPORTATION IMPROVEMENT DISTRICT is hereby dissolved and the TID AGREEMENT executed on November 19, 2014, is hereby terminated and shall have no further force or effect. IN WITNESS WHEREOF, the parties hereunto have caused this AGREEMENT to be executed in quadruplicate, the date and year first above written. FOR THE DELAWARE DEPARTMENT OF TRANSPORTATION: DATE: - - - - - - -- - - - Marc Cote, Director of Planning ATTEST: DATE: Charlanne Thornton, Director, Finance - - - -- - - - -- - - APPROVED AS TO FORM: DATE:_ _ _ _ _ __ _ _ _ __ George T. Lees III Deputy Attorney General Page 84

Item #12. DOVER US ROUTE 13 / BAYROAD CORRIDOR TRANSPORTATION IMPROVEMENT DISTRICT Page 3 of 3 FOR THE CITY OF DOVER: DATE: _ _ __ _ _ _ _ _ __ Randy Robertson, City Manager APPROVED AS TO FORM: DATE: _ _ _ _ _ _ _ _ _ __ Nicholas Rodriguez, Esq., Solicitor, City of Dover FOR THE DOVER/KENT COUNTY METROPOLITAN PLANNING ORGANIZATION: DATE:_ _ _ _ _ _ _ _ _ __ Marilyn Smith, Executive Director Page 85

ACTION FORM Item #13. PROCEEDING: Council Authorization – Disposition of Property DEPARTMENT OF ORIGIN: Planning DATE SUBMITTED: March 12, 2021 PREPARED BY: David S. Hugg III SUBJECT: Disposition of City property – Transfer of property to State of Delaware REFERENCE: City Charter, Section 29 RELATED PROJECT: Dover Family Court – New Construction Project REVIEWED BY: Nick Rodriquez EXHIBITS: Attached: Letter from OMB dated March 10, and two exhibits: Existing Conditions and Proposed Conditions prepared by Tevebaugh Architects dated February 17, 2021. Letter dated March 9 from the City Solicitor to the City Manager. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: FUNDING SOURCE (Dept./Page in CIP & Budget): None TIMETABLE: STAFF RECOMMENDATION: Authorization for City Manager BACKGROUND AND ANALYSIS The Office of Management and Budget of the State of Delaware acting on behalf of Family Court has requested that the City transfer ownership of an unnamed alley that extends north from W. Water Street through the site of the proposed new Kent County Family Court building to be constructed at the corner or W. Water Street and S. Governors Avenue. The State has requested that the alley be transferred to State ownership, giving them full control of the property. The State would then grant adjacent property owners cross access easements to allow ingress and egress from their properties across a portion of the State’s property. Additionally, a portion of the alley extending south to W. Water Street would be eliminated. Upon completion of the project an accessway from Bank Lane would be extended south to the rear of the Family Court building providing the cross access easement. These are shown on Exhibits “Existing Conditions” and Proposed Conditions.” The public purposes accomplished by the disposal of the alley facilitate the construction of a new Family Court and support Council’s direct action. The City Solicitor has opined that the City Charter at Section 29 leaves alleys under the supervision of Council so Council would have the power to order the alley abandoned, allowing a transfer of ownership to the State. Action requested: Staff requests that Council authorize the City Manager to execute an Agreement with the State and to execute a deed of transfer as set forth in the Exhibits. Page 86

Item #13. STATE OF DELAWARE EXECUTIVE DEPARTMENT OFFICE OF MANAGEMENT AND BUDGET Randy Robertson City Manager City Hall 15 Loockerman Plaza Dover, Delaware 19901 March 10, 2021 Dear Mr. Robertson, The new Kent County Family Court project will be located at the NE corner of S. Governors Avenue and W. Water Street. The footprint of the proposed new courthouse is located on top of the existing alley that extends North from W. Water Street into the site. In order to construct the new Family Courthouse project, the State of Delaware is requesting a land ownership between the City of Dover and the State of Delaware for the ownership of the alley. This would give the State full ownership and control of the alley. The State would then grant the adjacent property owners a cross access easement to allow ingress to and egress from their properties on a portion of the State's property and then eliminate the alley to the South for the new courthouse construction. Proposed Outline for the sequence of steps : Step 1- Land ownership transaction between City and State for the alley. Note that the State will grant cross easement access to the two lots that are adjacent to the alley and front S. State St. This will be formalized with cross access easements during the lot consolidation and recordation process. Step 2 - Finalize the real estate transfer process with Shank Shack and King of Clubs property owners. Step 3 - Create the vehicular accessway out to Bank Lane and establish cross access easement language with the neighboring properties. Step 4- Record Plan with cross access easements. Page 87

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Item #13. ARU Page 89 biJ TE\/En L. __ - - - - 1~ tH ~ Jj \S-----------~ ---, --------------~I JI~I) ,I l :LJ ' : ~ II E ~ BANKLN -~ lfT I11 1l}_J--- .rnmn--: 4~---- ---- 30 L __ _ __ _ __ _ __ _J '' - - T -- L __ _ 33!~ ~ , lLll_~ -- I _ _l_ --- ·~ _JI -- l ---- l\\':\,}s ; - -, -- THEGREEN " -~--- E:l ---- -- BLUE THE LIGHT -- AREA -- IS -- THE -- -- ' ~ PROPOSED .39 -~:il STATE OWNED VEHICULAR ACCESSWAY. LOTS THAT FRONTS. STATE ST. AND THE D w GREEN WOULD BE GIVEN CROSS ACCESS - II I 44' EASEMENTS FRi'Jltl THIS ACCESSWAY. r ~ en 0:: 0 z 0:: w 24 > 0 <.? 46 ....en ui , ,_ __________ ,__ ___________ __·- --- ---- -- ·- - -- - -'-- -----_. . ___, ~ .._ w 0 E:=~ en I ui C ::=,~_:. : ~S: ._..,s.; ... ~5 D KENT COUNTY I I I FAMILY COURTS ~ ~ ~~ ~ STREET I PARKING ' D OMSJONOF 21 YELLOW AREA IS Tfr 'E [Jj I FACILITIES MAINTENANCE, STATE OF DELWARE PROPOSED KENT C LINTY I FAMILY COURT BUI DiNG __ FOOTPRINT _ , ' ________ __J L __ _ THOMAS COUNS BUllD SIO S OUPONT HIGtfWAY, SUTE 1 DOVER, OE 19702 D ARCHITECTURAL B SITE PLAN PURPLE AREA IS THE / W. WATER ST T'[ J_&'." ~ Pn - Tff:J _J r1l1 Ji I i1 ; i W I ) r l! r D SCHEMATIC DESIGN • DJSSUEDFOR @~•'"'"""' II p ,- . A PROPOSED CONDITIONS EXHIBIT PREPARED BY BILL LENIHAN TEVEBAUGH ARCHITECTURE 2/17/21 AS01

Item #14. FIRST READING CITY OF DOVER ORDINANCE #2021-06 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 102 - Taxation, Article IV – Abatement of Real Estate Taxes, Section 102-113 – 5 Qualifications, (b)(2) - Qualifying Industry/Businesses by Investment be amended by inserting the text 6 indicated in bold, blue font as follows: 7 8 ARTICLE IV. - ABATEMENT OF REAL ESTATE TAXES 9 10 Sec. 102-111. - Purpose. 11 12 In the opinion of city council, the abatement of city real estate taxes for certain qualifying 13 industries and businesses defined herein best promotes the public welfare by providing incentives 14 for them to expand or locate in the city, thereby creating new employment opportunities for the 15 citizens of the city and ultimately strengthening the city's tax base. 16 In the opinion of council of the City of Dover, the abatement of city real estate taxes for certain 17 qualifying homeowners in certain designated areas of the city thus promotes the public welfare by 18 providing incentives for these homeowners to purchase residences and locate in these areas in the 19 city. 20 (Code 1981, § 19.5-31; Ord. of 12-11-2000; Ord. of 8-8-2005(2); Ord. No. 2014-01, 2-10-2014 ) 21 22 Sec. 102-112. - Authority. 23 24 Article VIII, section 1 of the constitution of the state provides that real property located within 25 the boundaries of any incorporated municipality may be exempted from municipal property tax by 26 the municipality when, in the opinion of the municipality, it will best promote the public welfare. 27 (Code 1981, § 19.5-32; Ord. of 12-11-2000) 28 29 Sec. 102-113. – Qualifications. 30 31 (a) Definitions. The following words, terms and phrases, when used in this section, shall have the 32 meanings ascribed to them in this subsection, except where the context clearly indicates a 33 different meaning: 34 Control with respect to a corporation means ownership, directly or indirectly, of stock 35 possessing 50 percent or more of the total combined voting power of all classes of the stock 36 of such corporation entitled to vote and 50 percent or more of the shares of such corporation 37 entitled to vote and 50 percent or more of the total number of shares of all other classes of 38 such corporation's stock. 39 Control with respect to a trust means ownership, directly or indirectly, of 50 percent or more 40 of the beneficial interest in the principal or income of such trust. The ownership of stock in a 41 corporation, of a capital of profits interest in a partnership or association, or of a beneficial Page 90

Proposed Ordinance #2021-06 - Abatement of Real Estate Taxes Page 2 Item #14. 42 interest in a trust shall be determined in accordance with the rules for constructive ownership 43 of stock provided in section 267(c) of the Internal Revenue Code (26 USC 267(c)). 44 Expanded facility means any qualified property that is modified with an improvement or 45 addition (other than a replacement resulting from the acquisition, construction, reconstruction, 46 installation, or erection of improvements or additions resulting from repairing, refurbishing, 47 retooling, recycling, or other similar process or procedure that merely preserves or restores 48 the value of an existing facility and not including any improvement or addition that, in the 49 determination of the council, does not constitute an integral part of a qualified activity), if 50 such improvements or additions are placed in service by the taxpayer after January 1, 2001. 51 Abatement will only be to the extent of the taxpayer's qualified investment in such 52 improvements or additions. 53 Large vacant commercial facility means a building of 20,000 square feet or larger and vacant 54 continuously for 18 months or more. 55 New facility means any qualified facility (other than an expanded facility or a replacement 56 facility) constructed by the taxpayer after January 1, 2001. For the purposes of this article, the 57 term "constructed" means the issuance of a building permit for $1,000,000.00 or more with 58 regards to subsection (b)(1) of this section, and the issuance of a building permit for 59 $3,000,000.00 or more with regards to subsection (b)(2) of this section. 60 Placed in service and original use have the meanings ascribed to such terms under section 61 167 of the Internal Revenue Code (26 USC 167) and regulations promulgated thereunder. 62 Qualified activity means any activity constituting manufacturing (other than any repair, 63 refurbishing, retooling, recycling or other similar process or procedure that merely preserves 64 or restores the value of a product or that does not change the inherent nature of a product or 65 material). Such term includes any activity engaging in business as a wholesaler; the CCBA 66 and any subsequent legislation as enacted by the state; any home offices and operating units 67 of insurance companies; and any combination of activities described herein. 68 Qualified employee means any person employed within the city/county on a regular and full- 69 time basis. 70 Qualified facility means any qualified property located in the city that constitutes a new or an 71 expanded facility, located within the industrial park manufacturing district, industrial park 72 manufacturing 2 district, industrial park manufacturing 3 district, or manufacturing 73 district, and that is used by a taxpayer in or in connection with a qualified activity. 74 Qualified investment for any taxable year is based on the value of a qualified facility as of the 75 last business day of such taxable year. 76 Qualified property means any building and its structural components, and any other 77 improvement to real property. Such term includes the land on which such building or other 78 improvements are located, if ownership of said land and structural improvements is identical. 79 If any property is owned or leased by the taxpayer in common with any other person or 80 persons, such property may constitute "qualified property" only to the extent of the taxpayer's 81 proportionate interest. 82 Related person means a corporation, partnership, association, or trust controlled by the 83 taxpayer; or an individual, corporation, partnership, association, or trust that is in control of Page 91

Proposed Ordinance #2021-06 - Abatement of Real Estate Taxes Page 3 Item #14. 84 the taxpayer; or a corporation, partnership, association, or trust controlled by an individual, 85 corporation, partnership, association, or trust that is in control of the taxpayer. 86 87 (b) Established. Industries/businesses may qualify for property tax abatement either by meeting 88 the industry function qualifications detailed in the following subsection (b)(1) or the 89 investment qualifications detailed in the following subsection (b)(2) or the occupancy 90 qualifications detailed in the following subsection (b)(3): 91 (1) Qualifying industries/businesses by function. 92 a. Manufacturers and financial institutions as defined by the FCDA, CCBAA, and 93 subsequent legislation and home offices and operating units of insurance companies 94 shall be qualifying industries, including, but not be limited to, distributors, 95 transportation (air, rail, barge, truck), printing and publishing, and food processing. 96 b. Investment and employees. The qualifying industry must invest at least 97 $1,000,000.00 in a qualifying new or expanded facility in the city and hire at least 98 20 qualified employees (including owners/operators), 75 percent of whom shall be 99 city/county residents not employed by the qualifying industry/activity at the time of 100 its relocation/expansion within the city. The council may, at the time of application, 101 reduce the 75 percent requirement to a lesser percentage, but not less than 50 percent. 102 The qualifying industry agrees to supply information verifying compliance with this 103 section in whatever legally acceptable manner the council shall so request. 104 (2) Qualifying industry/businesses by investment. Industries/businesses that do not meet the 105 qualifications as specified in subsection (b)(1) of this section can nevertheless qualify for 106 property tax abatement by investing a minimum of $3,000,000.00 in a new or expanded 107 facility in the city located within the industrial park manufacturing district, industrial park 108 manufacturing 2 district, industrial park manufacturing 3 district, or the 109 manufacturing district, and hire at least 15 qualified employees (including 110 owners/operators), 75 percent of whom shall be city/county residents not employed by 111 the qualifying industry/activity at the time of its relocation/expansion within the city. The 112 council may, at the time of application, reduce the 75 percent requirement to a lesser 113 percentage, but not to less than 50 percent. The qualifying industry agrees to supply 114 information verifying compliance with this section in whatever legally acceptable manner 115 the council shall so request. 116 (3) Qualifying industry/business by occupying a large vacant commercial facility. Entities 117 that do not qualify for property tax abatement under subsection (b)(1) or (b)(2) can qualify 118 for property tax abatement by (a) purchasing a large vacant commercial facility if the 119 purchase of the large vacant commercial facility will result in the employment of 15 or 120 more full-time employees; or (b) leasing a large vacant commercial facility if the initial 121 lease term is at least ten years, the lease of the large vacant commercial facility will result 122 in the employment of 15 or more full-time employees, and the occupying tenant submits 123 a letter of intent to lease and requests the abatement for either their own benefit when the 124 tax burden is the responsibility of the tenant, or on behalf of the owner when the tax 125 burden is the responsibility of the owner. The demolition of a large vacant building and 126 the construction of a new replacement 20,000 square feet or greater that meets the Page 92

Proposed Ordinance #2021-06 - Abatement of Real Estate Taxes Page 4 Item #14. 127 conditions of [subsection] (b)(3) of section 102-113, Qualifications, shall qualify for 128 abatement. 129 (c) Benefits. 130 (1) The council may abate city real estate taxes on a ten-year sliding scale as follows, or 131 upon any other scale or method deemed most advantageous by the council for the public 132 welfare: Fiscal Year Construction Ended ..... 100 percent reduction of taxes First year of operation ..... 90 percent reduction of taxes Second year of operation ..... 80 percent reduction of taxes Third year of operation ..... 70 percent reduction of taxes Fourth year of operation ..... 60 percent reduction of taxes Fifth year of operation ..... 50 percent reduction of taxes Sixth year of operation ..... 40 percent reduction of taxes Seventh year of operation ..... 30 percent reduction of taxes Eighth year of operation ..... 20 percent reduction of taxes Ninth year of operation ..... 10 percent reduction of taxes Tenth year of operation ..... 0 percent reduction of taxes 133 134 (2) Unless otherwise directed by the council, year one of the abatement period will 135 commence with the first property tax billing following the completion of the qualifying 136 new or expanded facility and the meeting of all requirements as detailed in subsections 137 (b)(1) and (b)(2) of this section. Abatement for expanded facilities will be limited to 138 expansion value only. 139 (3) All quarterly property taxes for new construction, as defined in section 49A of the city 140 Charter, will likewise be abated for qualifying new or expanded facilities. 141 (4) The property tax abatement program will have no effect on both citywide revaluations 142 of property values for taxation purposes and the institution of those new values. 143 (d) Any persons purchasing residential real property in which they will reside within the 144 downtown redevelopment high priority target area defined in Appendix C shall be given tax 145 relief from the payment of real estate taxes in the following manner: first year of ownership, 146 total tax abatement; second year of ownership, 75 percent tax abatement; third year of 147 ownership, 50 percent tax abatement; fourth year of ownership, 25 percent tax abatement; 148 fifth year of ownership, no tax abatement. Provided however that the homeowner is required 149 to occupy the home as their principal place of residence during the entire time that the taxes 150 are abated and if the property ceases to be their principal place of residence at any time during 151 the four-year period of abatement, then they shall lose their right of abatement and shall be 152 required to pay immediately all taxes abated up to the time that the home ceases to be their 153 principal residence. In order to obtain the tax abatement, the homeowner must make CJPage 93

Proposed Ordinance #2021-06 - Abatement of Real Estate Taxes Page 5 Item #14. 154 application by affidavit submitted to the city assessor showing qualification for the abatement 155 and each year thereafter, submit a similar affidavit showing their continued right to the 156 abatement. If qualification for the abatement ceases within the four-year period of abatement 157 the homeowner is required to notify the city assessor of the lack of qualification for the 158 abatement and within 90 days from the date the qualification ceases, pay all taxes abated in 159 the past. First year of owner occupancy ..... 100 percent reduction of taxes Second year of owner occupancy ..... 75 percent reduction of taxes Third year of owner occupancy ..... 50 percent reduction of taxes Fourth year of owner occupancy ..... 25 percent reduction of taxes Fifth year of owner occupancy ..... 0 percent reduction of taxes 160 161 (Code 1981, § 19.5-33; Ord. of 12-11-2000; Ord. of 8-8-2005(3); Ord. No. 2011-11, 7-11-2011; 162 Ord. No. 2011-17, 8-8-2011; Ord. No. 2015-03, 2-23-2015 ; Ord. No. 2019-20 , 1-13-2020) 163 164 Sec. 102-114. – Application process. 165 166 (a) Letter. An initial application for abatement shall be by letter sent to the city assessor by the 167 taxpayer, specifying the exact provisions under which the applicant qualifies (i.e., type of 168 industry, financial investment, level of city/county resident staffing, level of ownership and 169 control, etc.). 170 (b) Time of application. Applications may be made at any time prior to the issuance of a 171 certificate of occupancy for the subject property. Applications for tax abatement received after 172 the certificate of occupancy for a subject property has been issued will be rejected. 173 (c) Notice. The city assessor shall notify the applicant within 30 days if the project would meet 174 all conditions for approval. 175 (d) To council. After a certificate of occupancy is issued for the subject property, the city 176 assessor shall determine if all qualifications for a tax abatement have been met. When so 177 satisfied, the city assessor shall present the abatement request, with all qualifying 178 documentation, to the city council for approval. 179 (e) Extension. When the applicant cannot meet all qualifications for tax abatement at the time 180 the certificate of occupancy is issued, an automatic 24-month approval extension shall be 181 activated. If qualifications remain unfulfilled at the expiration of the approval extension, the 182 abatement application will be denied by the city assessor. 183 (f) Statement of compliance. The council shall require an annual statement of compliance as a 184 condition to remain eligible for the abatement program. The statement, due by April 15 of 185 each year, shall be used to ensure continued fulfillment of all abatement qualifications. Failure 186 to submit a requested statement of compliance shall disqualify any participation in the 187 abatement program for the property tax billing following the missed April 15 deadline. The CJPage 94

Proposed Ordinance #2021-06 - Abatement of Real Estate Taxes Page 6 Item #14. 188 reduction of taxes percentage for the disqualified billing year will be extinguished as unused, 189 with the next lower percentage becoming available for the following tax year. 190 (Code 1981, § 19.5-34; Ord. of 12-11-2000) 191 192 Sec. 102-115. – Termination of ownership. 193 194 If, prior to the expiration of the ten-year abatement period, the qualifying facility is sold to a 195 non-associated outside party, the council has the option to both cancel all remaining years of the 196 abatement program for the facility, and/or require the selling party to reimburse the city for all 197 tax abatement amounts allowed. The acceptance of any tax rebates under this article constitutes 198 acceptance of this reimbursement provisions. 199 (Code 1981, § 19.5-35; Ord. of 12-11-2000) 200 201 Sec. 102-116. – Affordable apartment housing complexes. 202 203 (a) A multifamily apartment complex which meets all of the following criteria shall be entitled 204 to a five-year phase-in of real property taxes: 205 (1) It must consist of no less than 30 units. 206 (2) It must be required by a deed restriction or other legal document to lease not less than 207 80 percent of the residential units located therein to persons whose annual income is 60 208 percent or less of area median income adjusted by household size as defined by the 209 Federal Department of Housing and Urban Development (HUD) for Kent County, 210 Delaware. 211 (3) It must have been approved by the Delaware State Housing Authority (DSHA) for 212 financing of new construction, or DSHA-defined substantial rehabilitation of existing 213 housing; and, acquisition if DSHA-defined substantial rehabilitation is being done. 214 (b) The phase-in of real property taxes shall be in accordance with the following table: Reduction of Taxes Year of Operation (Percent) 1 100 2 75 3 50 4 25 5 0 215 216 (c) Unless otherwise directed by the council, year one of the abatement period begins in the tax 217 year after the completion of the new construction or rehabilitation of existing housing. CJ Page 95

Proposed Ordinance #2021-06 - Abatement of Real Estate Taxes Page 7 Item #14. 218 (d) All quarterly property taxes for new construction, as defined in section 49A of the City 219 Charter, will likewise be abated for apartment complexes that meet the aforementioned 220 criteria. 221 (e) This property tax abatement program will have no effect on both citywide revaluations of 222 property values for taxation purposes and the institution of those new values. 223 (f) Any person who purchases a property for which an application for the abatement was made, 224 or for which the abatement was approved, will have the rights and benefits of the application 225 or approved abatement. 226 (g) The approval of all abatements under this program shall be by the city assessor. Notice of 227 action taken in determining entitlement to the abatement shall be given to the property owner. 228 The property owner shall have rights of appeal as outlined in section 47 of the Dover City 229 Charter. 230 (Ord. of 7-10-2006) 231 232 Sec. 102-117. – Construction of new facility. 233 234 (a) Tax abatement benefit. During the construction of a new facility or an expanded facility, 235 meaning after the issuance of a building permit and prior to the issuance of a certificate of 236 occupancy, improvements less than 100 percent complete by January 1 shall be eligible for 237 an abatement of city real estate taxes. 238 (b) Application; eligibility. 239 (1) Separate application under this subsection shall be submitted to the office of the assessor 240 pursuant to the requirements of subsection 102-114(a) no later than 30 days after notice 241 of eligibility is issued. 242 (2) Applicants must certify that they are in good standing pursuant to section 1-13 of the 243 City Code. All construction must be active at the time of application. 244 (c) Limitation on applicability. 245 (1) Abatement under this subsection may not exceed a period of 12 months. 246 (2) Notwithstanding other provisions of this subsection, the abatement period may, at the 247 discretion of the assessor, be extended for a period not to exceed an additional 12 months 248 for good cause shown. Good cause includes, but is not limited to, increase in the scope of 249 the project, acts of nature, and, as long as no party with control of the new facility is at 250 fault, fire or vandalism. Abandonment of a project shall not be considered good cause. 251 (d) Right to appeal. Any aggrieved taxpayer shall have the right to appeal the decision of the 252 assessor to the city council. Appeals must be filed with the council not more than ten days 253 after the date the written decision of the assessor is issued. 254 (Ord. No. 2011-02, 2-14-2011) 255 256 257 CJ Page 96

Proposed Ordinance #2021-06 - Abatement of Real Estate Taxes Page 8 Item #14. 258 Sec. 102-118. - Revocation of eligibility. 259 260 The beneficiary of the incentives provided by this article must remain current on all 261 obligations due the city. If, at any time after the incentives have been granted, the beneficiary of 262 the incentives becomes delinquent on any of the obligations listed in section 1-13(b), the city 263 manager shall revoke the eligibility for any portion of the incentives not yet received by the 264 beneficiary. Notice shall be given to such beneficiary in writing. 265 For the purposes of this section, the beneficiary of the incentives shall include the person or 266 artificial entity that receives the incentive and the owner of one-half or greater interest in an 267 artificial entity that receives the incentive. 268 ( Ord. No. 2014-01, 2-10-2014 ) 269 Secs. 102-119—102-150. - Reserved. 270 271 272 ADOPTED: * 273 S:\ORDINANCES\2021\DRAFT\ORDINANCE #2021-06 - CH 102 - TAXATION ART IV - ABATEMENT\ORDINANCE 2021-06-CH 102- 274 TAXATION-ART IV-ABATEMENT-FIRST READING.DOCX 275 276 277 SYNOPSIS 278 Article VI established a real property tax abatement incentive for qualifying industries in certain districts 279 of the City. This amendment to Article VI adds the Industrial Park Manufacturing 3 district to the areas 280 of the City wherein the property tax abatement can be requested. The Industrial Park Manufacturing 281 District (IPM3) was added to the zoning ordinance in 2018 to permit aviation and aeronautics uses, 282 however the tax abatement incentive option was not included. This amendment adds the IPM3 district to 283 the portions of the City where the abatement can be applied. 284 (SPONSORS: HARE AND ROCHA) 285 286 287 Actions History: 288 03/22/2021 – Scheduled for First Reading – City Council 289 03/09/2021 – Introduction - Legislative, Finance, and Administration Committee CJ Page 97

Item #15. PETITION TO AMEND ZONING DISTRICT First Reading before the Dover City Council March 22, 2021 Owner: Silver Linings Holdings Corp. c/o Tolano Anderson Address: 630 W Division Street, Dover DE Location: South side of W. Division Street opposite Ridgely Street Tax Parcel: ED-05-076.08-01-40.01-000 Size: 1.08 acres (47,275.3 SF) Present Use: Professional Office Proposed Use: Office and Residential Comprehensive Plan Designation: Mixed-Use Present Zoning: C-3 (Service Commercial Zone) and COZ-1 (Corridor Overlay Zone) Proposed Zoning: C-2A (Limited Central Commercial Zone) and COZ-1 (Corridor Overlay Zone) Reason for Request: To amend the zoning of the 1.08+/- acre parcel at 630 W. Division Street, Dover DE 19904 from C-3 to C-2A. File Number: Z-21-03 Ordinance Number: 2021-07 Page 98

City of Dover Application No.: Z-21-03 Item #15. Department of Planning & Inspections IPM RG-1 M C-2A t C-3 est S NW ely S C-3 Ridg C-3 M t est SW C-2A St S t r IO ivis ion ton D WD Wes C-2A Site C-3 C-1A Fore st C-1 St C-1A IO RG-1 RG-1 C-3 Lincoln St Cherry St IO Davis Cir RG-1 C-3 RG-1 R-8 R-8 Tile: Lands of Silver Linings Holding Corp. Ordinance #: 2021-07 Addresses: 630 W. Division Street Legend « D- Parcel ID: ED-05-076.08-01-40.01-000 Subject Property Existing Zoning: C-3 Service Commercial Zone and COZ-1 Corridor Overlay Zone 2012 Buildings Proposed Zoning: C-2A Limited Central Commercial Zone Zoning COZ-1 Corridor Overlay Zone Owner: Tolando D. Anderson, Silver Linings Holding Corp. D - Dover Parcels Date: 03/11/2021 Corridor Overlay Zone 0 100 200 400 Feet Page 99

Item #15. FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2021-07 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY 2 OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 3 630 WEST DIVISION STREET 4 5 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the 6 limits of the City of Dover; and 7 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property 8 described below from C-3 (Service Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone) 9 to C-2A (Limited Central Commercial zone) and subject to the COZ-1 (Corridor Overlay Zone). 10 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 11 DOVER, IN COUNCIL MET: 12 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 13 Ordinance of the City of Dover have been amended by changing the zoning designation from C-3 14 (Service Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone) to C-2A (Limited 15 Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone) on that property 16 located at 630 West Division Street (on the south side of West Division Street and opposite the 17 intersection with Ridgely Street), consisting of 1.0853+/- acres, owned by Silver Linings Holding 18 Corporation. 19 (Tax Parcel: ED-05-076.08-01-40.01-000; Planning Reference: Z-21-03; Fourth Council District) 20 21 ADOPTED: * 22 S:\ORDINANCES\2021\DRAFT\ORDINANCE #2021-07 - REZONING - 630 WEST DIVISION STREET\ORDINANCE #2021-07 - REZONING - 630 WEST 23 DIVISION STREET - FIRST READING.wpd 24 Actions History 25 March 22, 2021 - Scheduled for First Reading - City Council Page 100