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• COUNCIL AGENDA
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  REGULAR COUNCIL MEETING AGENDA DECEMBER 10, 2018 - 7:30 P.M. CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA DOVER, DELAWARE OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.) THE “OPEN FORUM” SEGMENT IS PROVIDED TO EXTEND THE OPPORTUNITY TO THE GENERAL PUBLIC TO SHARE THEIR QUESTIONS, THOUGHTS, COMMENTS, CONCERNS, AND COMPLAINTS. DISCUSSION OF ANY ITEM APPEARING ON THE AGENDA AS A PUBLIC HEARING IS PROHIBITED DURING THE OPEN FORUM AS AN OPPORTUNITY WILL BE PROVIDED DURING CONSIDERATION OF THAT ITEM. CITIZEN COMMENTS ARE LIMITED TO THREE (3) MINUTES. COUNCIL IS PROHIBITED FROM TAKING ACTION SINCE THEY ARE NOT IN OFFICIAL SESSION; HOWEVER, THEY MAY SCHEDULE SUCH ITEMS AS REGULAR AGENDA ITEMS AND ACT UPON THEM IN THE FUTURE. INVOCATION BY BISHOP THOMAS L. HOLSEY PLEDGE OF ALLEGIANCE LED BY CUB SCOUT PACK 109 - MAGNOLIA AGENDA ADDITIONS/DELETIONS * CONSENT AGENDA THOSE ITEMS ON THE COUNCIL AGENDA WHICH ARE CONSIDERED ROUTINE AND NON-CONTROVERSIAL SHALL BE MARKED WITH AN ASTERISK (*) 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. * 1. ADOPTION OF MINUTES A. SPECIAL COUNCIL MEETING OF NOVEMBER 13, 2018 B. REGULAR COUNCIL MEETING OF NOVEMBER 13, 2018 2. RESOLUTION NO. 2018-13 - COUNCILMAN BRIAN E. LEWIS 3. CERTIFICATE OF APPRECIATION - SENATOR BRIAN J. BUSHWELLER

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  COUNCIL AGENDA - DECEMBER 10, 2018 PAGE 2 4. PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - EMERGENCY CASE - PROPERTY LOCATED AT 350 MARTIN STREET, OWNED BY GLENN R. DAVIS AND WILLIAM F. DAVIS (LTR) (STAFF RECOMMENDS: 1) DECLARING THIS BUILDING AND ALL ACCESSORY STRUCTURES ON THIS PROPERTY DANGEROUS; 2) ORDERING THE PROPERTY DEMOLISHED OR REPAIRED BY DECEMBER 26, 2018 BY THE OWNER OR EQUITY OWNER AT THEIR OWN RISK; 3) ORDERING THE FIRE MARSHAL AND CHIEF CODE ENFORCEMENT OFFICER TO CAUSE THE DEMOLITION OF THE STRUCTURES IF NOT COMPLETED BY THE OWNER WITHIN 10 DAYS OF THE DATE ESTABLISHED BY CITY COUNCIL; 4) ORDERING THE CITY MANAGER WITH THE ASSISTANCE OF THE CITY SOLICITOR TO CAUSE THE COST OF DEMOLITION TO BE CHARGED AGAINST THE LAND ON WHICH THE BUILDING EXISTS AS A MUNICIPAL LIEN OR CAUSE SUCH COST TO BE ADDED TO THE TAX DUPLICATE AS AN ASSESSMENT, OR TO BE LEVIED AS A SPECIAL TAX, OR TO BE RECOVERED IN A SUIT AT LAW AGAINST THE OWNER.) 5. REZONING REQUEST - PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2018-11 THE FIRST READING OF THE PROPOSED ORDINANCE WAS ACCOMPLISHED DURING THE COUNCIL MEETING OF OCTOBER 22, 2018. THE ORDINANCE IS AVAILABLE AT THE ENTRANCE OF THE COUNCIL CHAMBERS AND ON THE CITY'S WEBSITE AT WWW.CITYOFDOVER.COM UNDER "GOVERNMENT." A. PROPERTIES LOCATED AT 971, 975, 983, 987, AND 991 FOREST STREET, 21 AND 27 SAULSBURY ROAD, AND 20 AND 30 CARVER ROAD , CONSISTING OF NINE (9) PARCELS OF LAND TOTALING 2.32 +/- ACRES, OWNED BY FAITHWORK LLC AND PAUL DAVIS AND JUSTINE J. DAVIS (PAUL AND JUSTINE DAVIS REVOCABLE TRUST). THE PROPERTIES ARE CURRENTLY ZONED IO (INSTITUTIONAL AND OFFICE ZONE), C-1A (LIMITED COMMERCIAL ZONE), AND C-PO (COMMERCIAL AND PROFESSIONAL OFFICE ZONE) SUBJECT TO THE COZ-1 (CORRIDOR OVERLAY ZONE) AND THE PROPOSED ZONING IS C-2A (LIMITED CENTRAL COMMERCIAL ZONE) SUBJECT TO THE COZ-1 (CORRIDOR OVERLAY ZONE) (TAX PARCELS: ED-05-076.07-01-62.00-000, ED-05-076.07-01-37.00-000, ED-05-076.07-01-36.00-000, E D - 0 5 - 0 7 6 . 0 7 - 0 1 - 3 5 . 0 0 - 0 0 0 , E D - 0 5 - 0 7 6 . 0 7 - 0 1 - 3 4 . 0 0 - 0 0 0 , E D - 0 5 -0 7 6 . 0 7 - 0 1 - 3 8 . 0 0 - 0 0 0 , ED-05-076.07-01-39.00-000, ED-05-076.07-01-61.00-000, AND ED-05-076.07-01-60.00-000; PLANNING REFERENCE: Z-18-03; COUNCIL DISTRICT: 4) * 6. ECONOMIC DEVELOPMENT COMMITTEE REPORT - OCTOBER 9, 2018 A. UPDATE - FEDERAL OPPORTUNITY ZONE PROGRAM (PATRICIA CANNON, STATE DIVISION OF SMALL BUSINESS) (COMMITTEE ACTION NOT REQUIRED) B. UPDATE - DRAFT 2019 COMPREHENSIVE PLAN, CHAPTER 10 - ECONOMIC DEVELOPMENT (COMMITTEE ACTION NOT REQUIRED) C. REPORT - SITE TOUR FOR KENT ECONOMIC PARTNERSHIP (KEP) AND DELAWARE PROSPERITY PARTNERSHIP (DPP) (COMMITTEE ACTION NOT REQUIRED) * 7. ECONOMIC DEVELOPMENT COMMITTEE REPORT - NOVEMBER 14, 2018 A. DRAFT 2019 COMPREHENSIVE PLAN, CHAPTER 10 - ECONOMIC DEVELOPMENT PLAN (COMMITTEE RECOMMENDED CONTINUING FORWARD WITH THE CURRENT VERBIAGE WITH THE CAVEAT THAT THEY HAVE CONCERNS, AND THAT STAFF BRING THE DRAFT LANGUAGE BACK TO THE ECONOMIC DEVELOPMENT COMMITTEE MEETING ON JANUARY 15, 2019) B. PROPOSED RESOLUTION NO. 2018-12 PROPOSING TO CHANGE THE NAME OF GARRISON OAK TECHNICAL PARK TO GARRISON OAK BUSINESS AND TECHNOLOGY CENTER (COMMITTEE RECOMMENDED ADOPTION OF PROPOSED RESOLUTION NO. 2018-12)

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  COUNCIL AGENDA - DECEMBER 10, 2018 PAGE 3 * 8. COUNCIL COMMITTEE OF THE WHOLE REPORT - NOVEMBER 14, 2018 A. COUNCIL COMMITTEE OF THE WHOLE (1) UPDATE ON THE COMPREHENSIVE PLAN PROJECT (COMMITTEE ACTION NOT REQUIRED) B. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE (1) PROPOSED ORDINANCE #2018-12 AMENDING CHAPTER 70 - OFFENSES AND MISCELLANEOUS PROVISIONS, SECTION - 70-5 AGGRESSIVE PANHANDLING AND APPENDIX F - FEES AND FINES (SPONSORS: HARE AND POLCE) (THE COMMITTEE TABLED CONSIDERATION OF PROPOSED ORDINANCE #2018-12) C. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE (1) EVALUATION OF PROPOSALS - DIVERSITY AND INCLUSION STUDY (COMMITTEE RECOMMENDED APPROVAL OF THE AWARD TO IVY PLANNING GROUP FOR UP TO $45,000 PLUS TRAVEL COSTS) (2) ANNUAL REVIEW OF INVESTMENT POLICY (COMMITTEE RECOMMENDED APPROVAL OF THE CITY OF DOVER, DE INVESTMENT POLICY, AS PRESENTED) (3) PROJECT CARRY-FORWARD BUDGET BALANCES AND PROPOSED ORDINANCE #2018-13 - 2018-2019 BUDGET ORDINANCES - FIRST AMENDMENT (COMMITTEE RECOMMENDED APPROVAL OF THE PROPOSED BUDGET AMENDMENTS TOTALING $6,572,000 FOR FISCAL YEAR 2019 AND ADOPTION OF ORDINANCE #2018-13) (SEE ITEM #12-A) * 9. MONTHLY REPORTS - OCTOBER 2018 A. CITY ASSESSOR’S REPORT B. CITY COUNCIL’S COMMUNITY ENHANCEMENT FUND REPORT C. CITY MANAGER’S REPORT D. CITY PLANNER’S REPORT E. FIRE CHIEF’S REPORT F. POLICE CHIEF’S REPORT * 10. REAPPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN - BOARD OF ADJUSTMENT - THREE-YEAR TERMS A. ARTHUR G. ERICSON - TERM TO EXPIRE JULY 2020 B. JAMES N. KELLER - TERM TO EXPIRE JULY 2021 * 11. ELECTION OF OFFICERS - ROBBINS HOSE COMPANY - YEAR 2019 FIRE LINE OFFICERS FIRE CHIEF - RONALD W. RHODES, SR. DEPUTY FIRE CHIEF - MICHAEL J. O'CONNOR, JR. FIRST ASSISTANT FIRE CHIEF - COLE R. ENRIGHT SECOND ASSISTANT FIRE CHIEF - BENJAMIN P. SMETANA THIRD ASSISTANT FIRE CHIEF - MICHAEL J. MORRIS FOURTH ASSISTANT FIRE CHIEF - CHRISTOPHER W. JACOBS FIRST FIRE LINE CAPTAIN - MICHAEL D. NITSCH SECOND FIRE LINE CAPTAIN - WESLEY T. LIBERTO

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  COUNCIL AGENDA - DECEMBER 10, 2018 PAGE 4 12. FIRST READING - PROPOSED ORDINANCE #2018-13 THE FIRST READING IS OFFERED ON THE PROPOSED ORDINANCE. FINAL ACTION BY COUNCIL WILL TAKE PLACE DURING THE SECOND READING ON JANUARY 14, 2019. THE ORDINANCE IS AVAILABLE AT THE ENTRANCE OF THE COUNCIL CHAMBERS, 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. A. 2018-2019 BUDGET ORDINANCES - FIRST AMENDMENT (LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE) 13. CITY MANAGER’S ANNOUNCEMENTS 14. COUNCIL MEMBERS’ ANNOUNCEMENTS 15. ADJOURNMENT EXECUTIVE SESSION PURSUANT TO: 29 DEL. C. §10004(B)(2) - PRELIMINARY DISCUSSIONS ON SITE ACQUISITIONS FOR ANY PUBLICLY FUNDED CAPITAL IMPROVEMENTS, OR SALES OR LEASES OF REAL PROPERTY; 29 DEL. C. §10004(B)(4) - STRATEGY SESSIONS, INCLUDING THOSE INVOLVING LEGAL ADVICE OR OPINION FROM AN ATTORNEY-AT-LAW, WITH RESPECT TO COLLECTIVE BARGAINING OR PENDING OR POTENTIAL LITIGATION, BUT ONLY WHEN AN OPEN MEETING WOULD HAVE AN ADVERSE EFFECT ON THE BARGAINING OR LITIGATION POSITION OF THE PUBLIC BODY; 29 DEL. C. §10004(B)(6) - DISCUSSION OF THE CONTENT OF DOCUMENTS, EXCLUDED FROM THE DEFINITION OF "PUBLIC RECORD" IN §10002 OF THIS TITLE WHERE SUCH DISCUSSION MAY DISCLOSE THE CONTENTS OF SUCH DOCUMENTS; 29 DEL. C. §10004(B)(9) - PERSONNEL MATTERS IN WHICH THE NAMES, COMPETENCY AND ABILITIES OF INDIVIDUAL EMPLOYEES ARE DISCUSSED, UNLESS THE EMPLOYEE REQUESTS THAT SUCH A MEETING BE OPEN /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\COUNCIL-AGENDAS\2018\12-10-2018 COUNCIL AGENDA.WPD 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.

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• Council Minutes and Exhibits 1-2

  REGULAR COUNCIL MEETING The Regular Council Meeting was held on December 10, 2018 at 7:30 p.m. with Council President Slavin presiding. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis, Mr. Cole, Mr. Polce (departed at 8:21 p.m.), Mr. Hare, and Mr. Lindell. Staff...

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• COUNCIL PACKET - REVISED 12-07-2018 (Meeting packet)

  REGULAR COUNCIL MEETING AGENDA DECEMBER 10, 2018 - 7:30 P.M. CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA DOVER, DELAWARE OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.) THE “OPEN FORUM” SEGMENT IS PROVIDED TO EXTEND THE OPPORTUNITY TO THE GENERAL PUBLIC TO SHARE THEIR QUESTIONS,...

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