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Page 1
Regular Council Meeting
Agenda
January 25, 2021 - 7:30 p.m.
This meeting will be held remotely via WebEx. Public participation information is as follows:
Phone: 1-408-418-9388
Link: https://rb.gy/lo0nod
Event number: 179 121 5915
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 by Mayor Christiansen
Pledge of Allegiance Led by Councilman Taylor
Adoption of Agenda
* 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 - Regular Council Meeting of January 11, 2021
2. Proclamation - Black History Month
* 3. Council Committee of the Whole Report - January 12, 2021
A. Utility Committee - Actionable Items
(1) Evaluation of Bids - Ross Street and West Street Alley West Water Main
Replacement
(Committee recommendation: Award the contract to Teal Construction, Inc., for
the City of Dover, Ross Street and West Street Alley West Water Main
Replacement Project, Bid #21-0015WW, for the amount of $599,599)
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Council Agenda - January 25, 2021 Page 2
* 3. Council Committee of the Whole Report - January 12, 2021 (Continued)
A. Utility Committee - Actionable Items (Continued)
(2) Evaluation of Proposals - Elevated Water Storage Tank Inspection and
Maintenance
(Committee recommendation: Awarding the ten (10) year contract to Corrosion
Control Corporation for the Elevated Water Storage Tank Inspection and
Maintenance project)
(3) Wellhead Redevelopment Program - Change Order
(Committee recommendation: Approve the proposed amendment to the Wellhead
Redevelopment Program and provide additional funding to make the necessary
improvements to our wells)
B. Legislative, Finance, and Administration Committee - Actionable Items
(1) Sale and Disposition of Real Property - Right of Way Adjacent to 107 Silver
Lake Drive
(Committee recommendation: This item was tabled by the Committee)
C. Parks, Recreation, and Community Enhancement Committee - Informational Items
(1) Update on Park Workshops
* 4. Quarterly Revenue Report as of December 31, 2020
(Staff recommends acceptance of the report)
* 5. Confirmation of Police Pension Election - Retired Captain Larry Gray - Three (3) Year
Term to Expire January 31, 2024
6. 846 Westview Terrace Complaint
7. Proposed Policy for Temporary Extension of COVID-19 Leave
(Staff recommendation: Approval of the policy extending COVID-19 Leave until 11:59:59
on Saturday, June 26, 2021 as described in the proposed policy)
8. First Reading - Proposed Ordinances - Land Development Plan Map Amendments to the
2019 Comprehensive Plan
Review of a series of Amendments to the 2019 Comprehensive Plan submitted by the property
owners as associated with the City of Dover's annual opportunity to request Comprehensive
Plan Amendments (see Chapter 15: Implementation Plan)
The First Reading is offered on the following proposed ordinances. Since they are amendments
to the Comprehensive Plan, a public hearing is required. They are recommended for referral
to the Planning Commission for a Public Hearing February 16, 2021 and that a Public Hearing
be set before City Council on March 8, 2021 at 7:30 p.m. and that the Second Reading and Final
Action by Council will take place at that time. The ordinances are 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.
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Council Agenda - January 25, 2021 Page 3
8. First Reading - Proposed Ordinances - Land Development Plan Map Amendments to the
2019 Comprehensive Plan (Continued)
A. Ordinance #2021-01 - Consideration of an Amendment to Map 12-1: Land Development
Plan Map - Request for a parcel located at the northeast corner of McKee Road and College
Road to revise the Land Use Classification from Office to Commercial Low Intensity on
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;
Rezoning Ordinance #2021-04)
B. Ordinance #2021-02 - Consideration of an Amendment to Map 12-1: Land Development
Plan Map - Request for two parcels located adjacent to the east side of the railroad corridor
along North West Street between Fulton Street and Cecil Street to revise the Land Use
Classification from Industrial to Mixed Use on Map 12-1: Land Development Plan Map.
(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)
C. Ordinance #2021-03 - Consideration of an Amendment to Map 12-1: Land Development
Plan Map - Request for two parcels (Lot 1 and Lot 2) located to the east of the Dover Mall
shopping center development to revise the Land Use Classification from Commercial High
Intensity to Mixed Use. This amendment is proposed to facilitate rezoning following
further project development and land planning for housing and commercial activity.
(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)
9. Rezoning Requests - First Readings of Proposed Ordinances
The First Reading is offered on the following Proposed Ordinances. They are recommended
for referral to the Planning Commission for a Public Hearing February 16, 2021 and that a
Public Hearing before City Council be set for March 8, 2021 at 7:30 p.m., at which time the
Final Readings and Council action will take place. The ordinances are 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. Ordinance #2021-04 - Lands of College Towers, LLC at 1205 McKee Road - Review of
Rezoning Application for a parcel consisting of 3.46 acres +/- located at the northeast
corner of McKee Road and College Road. The property is zoned CPO (Commercial and
Professional Office Zone) and subject to the COZ-1 (Corridor Overlay Zone). The
proposed zoning is C-2A (Limited Central Commercial Zone) and subject to the COZ-1
(Corridor Overlay Zone). This 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)
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Council Agenda - January 25, 2021 Page 4
9. Rezoning Requests - First Readings of Proposed Ordinances (Continued)
B. Ordinance #2021-05 - Lands of Donny Legans at 92 North West Street and a Parcel on
Fulton Street - Review of Rezoning Application for two parcels totaling 0.82 acres +/-
located adjacent to the east side of the railroad corridor along North West Street between
Fulton Street and Cecil Street. The property is zoned M (Manufacturing Zone). The
proposed zoning is C-2A (Limited Central Commercial Zone). This is associated with a
Comprehensive Plan Amendment Request MI-21-01B for Consideration of Amendment
to Map 12-1: Land Development Plan Map.
(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; Council District 4)
10. Acting City Manager’s Announcements
11. Council Members’ Announcements
12. Adjournment
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S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Agendas\2021\01-25-2021 Council Agenda.wpd
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
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.
Page 5
REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held by video conference on January 11, 2021 at 7:33 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. Harline, Mr. Hugg, Mr. Rodriguez (arrived at 7:40 p.m.), and Mrs. McDowell.
Mayor Christiansen was also present.
The invocation was given by Mayor Christiansen, followed by the Pledge of Allegiance.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried.
Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Rocha and carried by
a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 14, 2020
The Minutes of the Regular Council Meeting of December 14, 2020 were unanimously
approved by motion of Mr. Neil, seconded by Mr. Rocha and bore the written approval of
Mayor Christiansen.
CERTIFICATE OF RECOGNITION - DEPUTY FIRE MARSHAL MATTHEW BROWN
The City Clerk read the following Certificate of Recognition into the record:
CERTIFICATE OF RECOGNITION
presented to
MATTHEW BROWN
On September 23, 2020, Deputy Fire Marshal Matthew Brown received a citizen complaint
regarding a candle catching fire and exploding. Upon receiving the complaint, Deputy Fire Marshal
Brown compiled all the necessary information and requested permission to go to the business within
the City of Dover and purchase the candles in question. Along with his colleagues, Deputy Fire
Marshal Brown conducted a test and discovered that the candle in question ignited into a flame
reaching 6 inches tall and a temperature of 800 degrees.
Due to the test burn, a Notice of Violation was issued to have the candles removed from the business
within the City of Dover. Deputy Fire Marshal Brown then reached out to the State of `Delaware Fire
Marshal's Office, submitted his findings on SaferProducts.gov, and was in contact with the attorney
representing the company that manufactured the candles. The company is now engaged in a
volunteer recall with the Consumer Safety Commission. Following this submission, Deputy Fire
Marshal Brown was contacted by SaferProducts.gov and advised that the issue had been duplicated
and that there was a voluntarily worldwide recall on the candle.
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CITY COUNCIL MEETING OF JANUARY 11, 2021 PAGE 2
With Deputy Fire Marshal Matthew Brown's dedication to the safety of the City of Dover residents,
he has without a doubt saved property loss and possibly lives around the world.
The City of Dover extends sincere appreciation to Matthew Brown for his outstanding public service.
On behalf of the Mayor and Council, Council President Hare thanked Deputy Fire Marshal Brown
for his due diligence and excellent work.
Mr. Brown thanked members for the recognition and noted that it was the team effort of their whole
office. He stated that he could not have done it without his partners and supervisor, Jason Osika, as
well as the support of Mr. Hugg.
MAYOR ROBIN R. CHRISTIANSEN VETO - ADOPTION OF ORDINANCE #2020-05
AMENDING CHAPTER 22 - BUILDINGS AND BUILDING REGULATIONS, ARTICLE
IX - LODGINGHOUSES; ARTICLE X - RENTAL DWELLINGS; APPENDIX B - ZONING;
AND APPENDIX F - FEES AND FINES
During their Regular Meeting of December 14, 2020, by a unanimous roll call vote, Council adopted
Ordinance #2020-05 amending Chapter 22 - Buildings and Building Regulations, Article IX -
Lodginghouses; Article X - Rental Dwellings; Appendix B - Zoning; and Appendix F - Fees and
Fines.
On December 21, 2020, the City Clerk received a letter from Mayor Robin R. Christiansen
disapproving the motion, which stated:
“Dear Mr.President:
First let me commend the members of Council and City staff for addressing the matter of
short-term rentals in our neighborhoods. It is a matter that needed to be address in earnest.
Having said that, I am hereby vetoing the approved item No. 4A during the regular Council
meeting of December 14, 2020 in accordance with the authority granted to the Mayor in the
code. That item is #2020-05 Amending Chapter 22 - Buildings and Building Regulations,
Article 1 X - Lodginghouses; Article X - Rental Dwellings; Appendix B - Zoning; and
Appendix F - Fees and Fines.
I firmly believe it is the responsibility of Mayor and Council to protect and preserve the
value and tranquility of the property owners throughout the City. It is still my belief that
these short-term rentals are a business and should be approved as such by going through
the conditional use approval process reviewed by the Planning Commission and approved
by Council. I believe this is the right thing to do.
In addition, I firmly believe that the number of consecutive rental days should not exceed 10
as I believe it would be easier to monitor and enforce. A conversation needs to take place
regarding if the property should be occupied by the owner when not on a short-term rental
agreement. We also need to discuss a means to be able to have a local contact person with
a current phone number and email address in case any concerns should arise, this needs to
be evaluated and updated every 6 months.
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CITY COUNCIL MEETING OF JANUARY 11, 2021 PAGE 3
Finally, I believe as a maintenance of standards and fairness, these properties should be
subject to the Lodging Tax just as other Hoteliers are required to be taxed. I hope that these
issues can be revisited, and the ordinance modified and strengthened to the satisfaction of
all parties.
Respectfully Yours,
Robin R. Christiansen
Mayor, City of Dover”
Mr. Neil moved to reaffirm previous Council action to adopt Ordinance #2020-05 amending
Chapter 22 - Buildings and Building Regulations, Article IX - Lodginghouses; Article X -
Rental Dwellings; Appendix B - Zoning; and Appendix F - Fees and Fines. The motion was
seconded by Mr. Slavin and carried by a unanimous roll call vote. [Approval of the motion
requires a 2/3 majority vote (six affirmative votes) since the original motion was vetoed by Mayor
Christiansen].
CO UNCI L COMM I T T E E O F T H E WH O L E REPO RT -
DECEMBER 15, 2020
The Council Committee of the Whole met by video conference on
December 15, 2020 at 6:00 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 (arrived at 6:05 p.m.), and Mr. Lindell. Mayor
Christiansen was also present (arrived at 6:40 p.m.). Civilian members present for
their Committee meetings were Mr. Caldwell (arrived at 6:19 p.m.) and Col. Dix,
Retired, (Parks, Recreation, and Community Enhancement), Ms. Maucher (Utility),
and Mr. Contant and Mr. Shevock (Legislative, Finance, and Administration).
UTILITY COMMITTEE
The Utility Committee met with Council President Hare presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and
unanimously carried.
Purchase of Sourcewell Trucks (Actionable Item)
Mr. Matthew Harline, Acting City Manager, advised that, due to a delay in amending
the purchasing policy regarding cooperative purchasing over $200,000, Staff’s
recommendation was to defer this item to a significantly later date.
Mr. Sudler moved to defer this item to a future Utility Committee meeting,
seconded by Mr. Neil and unanimously carried.
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CITY COUNCIL MEETING OF JANUARY 11, 2021 PAGE 4
Ms. Maucher moved for adjournment of the Utility Committee meeting,
seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 6:03 p.m.
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. Anderson and
unanimously carried.
Emergency COVID-19 Relief Economic Retention Electric Fund (Actionable
Item)
Mr. Matthew Harline, Acting City Manager, reviewed the background and analysis
regarding the Emergency COVID-19 Relief Economic Retention Electric Fund.
Staff recommended that if the Committee determines that the program should be
pursued, Staff should be directed to finalize the application materials and institute the
program for allocations beginning January 12, 2021 and running until all funds are
awarded.
Responding to Mr. Sudler, Ms. Patricia Marney, Customer Service Director, stated
that the turnaround time from when a small business applies until they receive the
services would be no more than five business days.
Responding to Mr. Taylor, Ms. Marney advised that it would be handled in-house by
applying a credit to the business’ outstanding utility bill. She stated that no funds
would be dispersed to the business itself and that it could only be used for the utility
bills.
Responding to Mr. Contant, Ms. Marney provided the following information:
• They currently have 3,500 business accounts and out of that number, only 55
have balances greater than 60 days past due, so they have a limited number of
commercial customers that would qualify for the program.
• They would like to cap the amount at $5,000 per customer, not necessarily per
service location. Based on Ms. Marney’s analysis they have a very limited
number of commercial customers that run the risk of disconnection.
• It would be limited to up to $5,000 and they would review the customer’s
history for the last 12 months of 2019.
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CITY COUNCIL MEETING OF JANUARY 11, 2021 PAGE 5
• Regarding the requirement that the business would have to qualify for other
COVID-19 relief, the City would ask the business to provide a letter that states
that they qualify, even if they have not previously applied for relief through
other programs.
• Customer Service has a listing from the State of Delaware for businesses that
qualified for the Paycheck Protection Program, which is similar to what they are
doing with the COVID Extended Payment Agreements.
• They have a listing of business classifications that were closed by the State and
could use that as a determination.
Responding to Mr. Lindell, Mr. Harline stated that in the event that they receive any
state or federal funding they could use some of that money to backfill this funding
just to hedge against any possible losses.
Mr. Anderson moved to recommend approval for Staff to finalize the
application materials and institute the program for allocations beginning
January 12, 2021 and running until all funds are awarded, 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. Rocha and carried by a unanimous roll call vote.
Mr. Anderson moved to recess the Legislative, Finance, and Administration
Committee meeting, seconded by Mr. Neil and unanimously carried.
The Legislative, Finance, and Administration Committee Meeting recessed at
6:19 p.m.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with Chairman
Anderson presiding.
Adoption of Agenda
Mr. Lindell moved for adoption of the agenda. The motion was seconded by Mr.
Neil and carried with Col. Dix voting no.
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CITY COUNCIL MEETING OF JANUARY 11, 2021 PAGE 6
Review of Active Recreation Area Plans (Request for Cash-in-Lieu) - Bay Pointe
Apartments - 1080 and 1106 Bay Road and Adjacent Unaddressed Parcel on
Bay Road (Planning Reference #C-20-05) (Actionable Item)
Mr. Dave Hugg, Director of Planning and Community Development, and
Mrs. Dawn Melson-Williams, Principal Planner, reviewed the active recreation area
plans (request for cash-in-lieu) at Bay Pointe Apartments - 1080 and 1106 Bay Road
and Adjacent unaddressed parcel on Bay Road (Planning Reference #C-20-05).
Staff recommended acceptance of the proposed Recreation Amenities and a
Cash-in-lieu of Active Recreation Area Construction Donation of $30,084 for the
deficit of 6,679 SF of the required 10,000 SF of Active Recreation Area. The
proposed amenities, in combination with the Cash-in-lieu fee, complies with the
requirements of the Zoning Ordinance.
Responding to Mr. Anderson regarding the target audience, Mrs. Melson-Williams
stated that the applicants gave the Planning Office some indication that, due to the
proximity with Dover Air Force Base, that was likely some of their potential tenants
for the facility. She stated that the zoning ordinance does not limit who the applicants
can rent to, but they are expected to be some type of market rate apartments.
Responding to Mr. Neil, Mrs. Melson-Williams stated that the closest City park of
substantial size may be Dover Park. She noted that there may be some other smaller
park areas and that the closest recreation amenity is part of the St. Jones Greenway
Trail System, however, it is on the other side of Route 1 from the project site.
Responding to Mr. Caldwell, Mrs. Melson-Williams stated that the property is within
City limits so the Dover Police Department would cover the whole territory, noting
that it would be no different than any other apartment complex in the City. She
advised that it will have fire lanes and appropriate addressing.
Mr. Lindell moved to recommend acceptance of the proposed Recreation
Amenities and a Cash-in-lieu of Active Recreation Area Construction Donation
of $30,084 for the deficit of 6,679 SF of the required 10,000 SF of Active
Recreation Area, as recommended by Staff. The proposed amenities, in
combination with the Cash-in-lieu fee, complies with the requirements of the
Zoning Ordinance. The motion was seconded by Mr. Neil and unanimously
carried.
(Planning Staff Note: The Planning Commission considered the Conditional Use
Site Plan Application C-20-05 Bay Pointe Apartments at 1080 and 1106 Bay
Road at their Meeting on December 21, 2020 and took action to deny the
Application. Therefore, action on the associated Active Recreation Plan and
Request for Cash-in-Lieu as previously proposed is not required.)
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CITY COUNCIL MEETING OF JANUARY 11, 2021 PAGE 7
Mr. Neil moved for adjournment of the Parks, Recreation, and Community
Enhancement Committee meeting. The motion was seconded by Mr. Hare and
carried unanimously.
Meeting adjourned at 6:36 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee reconvened at 6:37 p.m.
with Chairman Lindell presiding.
Quarterly Reviews (July, August, and September) - Police Training Budget
(Informational Item)
Police Chief Thomas Johnson provided a quarterly review for the Police Training
Budget, as follows:
• Due to COVID-19 and the training providers not having the capacity to switch
to a virtual environment, much of the scheduled training for the first half of
FY21 has not occurred. They were fortunate to have some training conducted
in a virtual environment.
• They are preparing to meet with Mr. Matthew Harline, Acting City Manager, to
reconcile some of the unexpected expenses that were related to the police
academy startup, which was necessary to get the recruit training done for the
officer’s deficit that they had.
• They have a handshake agreement with Dr. Gary Vilke, a research and clinical
practitioner in the San Diego area, to provide the anatomy and physiology use
of force training. He is a risk management specialist and directs several
emergency departments and several paramedic flight programs. Dr. Vilke has
agreed to travel to Delaware in the spring, with tentative dates in the last week
of May. Chief Johnson reminded members that a special allotment was provided
for this training.
• Dr. Vilke will be training the Dover Police Department over the course of four
days, eight sessions, morning and afternoon, which will allow them to get the
entire authorized strength through the training program. Depending on the
COVID situation in late May, if the capacity exists to open this up for other
Delaware law enforcement providers, they intend to do that to get as much force
multiplication out of Dr. Vilke’s training expertise. They will attempt to recover
as many dollars as they can appropriately through that mechanism.
• The professional service fee for Dr. Vilke will be approximately three fifths of
what Chief Johnson requested. A couple of officers will have to attend the
training on their days off because they cannot completely drain patrol assets for
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CITY COUNCIL MEETING OF JANUARY 11, 2021 PAGE 8
a training event of that duration, but the vast majority of the officers will attend
this training during their normal tour of duty.
• The residual funds following completion of this training will be returned back
to the City Manager's Office because they are probably going to have at the very
minimum $10,000 leftover, so they will not need anywhere close to the entire
allotment that was forwarded to the department to get the project going.
Mr. Shevock moved for adjournment the Legislative, Finance, and
Administration Committee meeting, seconded by Mr. Neil and unanimously
carried.
Mr. Sudler moved for adjournment of the Council Committee of the Whole
meeting. The motion was seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 6:45 p.m.
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Rocha and carried by a unanimous roll call vote.
MONTHLY REPORTS - NOVEMBER 2020
By motion of Mr. Neil, seconded by Mr. Rocha, 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
Police Chief's Report
UPDATE ON CODE ENFORCEMENT AND CRIME MITIGATION - REED AND NEW
STREETS
Mr. Dave Hugg, Director of Planning and Community Development, advised that Code Enforcement
has continued to monitor the Reed and New Street area and provided an update on December
activity, as follows:
• 8 South Queen Street - Expired business license was resolved when the owner renewed their
business license.
• 102 New Street - Vacant building without electricity - this unit was sold to NCALL.
• 104B South State Street - Two violations, one involving insufficient or no gas service resulting
in no heat, and the second involving junk, litter, and debris in the exterior areas. A second
inspection was conducted December 30, 2020 due to non-compliance. Follow-up inspection was
scheduled for January 11, 2021 and additional code enforcement action will be taken if
necessary.
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CITY COUNCIL MEETING OF JANUARY 11, 2021 PAGE 9
• 2 South Queen Street - violation involving junk, litter, and debris from the exterior of the
property - scheduled for review January 11, 2021 and additional code enforcement action will
be taken if necessary.
Mr. Hugg advised that in the same period of time in this target area, NCALL has successfully
purchased 35 and 39 North New Street; 49 South Kirkwood Street (which has gone to demolition);
The Elks Club, and the properties at 217, 225 and 235 North Kirkwood Street. He noted that there
are demolition applications pending on some of those properties.
Mr. Hugg advised that in the same time period in this target area, Central Delaware Habitat for
Humanity purchased 127 and 133 South Queen Street and 13 South New Street.
Mr. Sudler stated that he had been driving through Reed Street and New Street between the hours
of 8:00 a.m. and 11:00 a.m. and noted that there has been a cluster of individuals sitting and a lot of
debris and trash at the left corner of New Street when driving northbound from Loockerman Street.
He also noted that the trash cans are overflowing and suggested that more, larger trash cans may be
needed for the area near the apartment building. Mr. Sudler stated that he believed they needed to
cite the property owners that are allowing individuals to just sit there and throw all the trash on the
premises. He advised that they spent a lot of time cleaning up the community two or three weeks ago
and they made a major difference. Mr. Sudler suggested that Code Enforcement could let property
managers know that they could also be held accountable or cited for debris or people just loitering.
He also suggested that the Chief of Police could provide more police presence to keep them from
loitering.
Mr. Hare thanked Councilmen Sudler, Anderson, Rocha and Taylor for the excellent job they did
organizing the cleanup, noting that it really looked very good.
Mr. Slavin stated that he believed that the property behind the former ACME building was owned
by NCALL. He advised that two of the lots were purchased by the City and sold to NCALL and they
now have a bundle of lots there where single family homes are supposed to be going up. Mr. Slavin
noted that the property line for the Downtown Dover Partnership ends at the back of the former
ACME building. He suggested that fencing off the lots and improving the lighting in those areas
would be helpful in deterring loitering. Mr. Slavin requested Mr. Matt Harline, Acting City
Manager, to marshal the forces of Public Works and the Electric Utility to do a walkthrough of those
blocks to look at the need for repaving of sidewalks, possible striping of the streets, and LED
lighting for that area.
Responding to Mr. Taylor, Mr. Dave Hugg, Director of Planning and Community Enhancement,
advised that he would follow-up the following day on the status of the house in the 800 block of
Westview Terrace that was damaged by the tornado.
Police Chief Thomas Johnson provided an update for the month of December, as follows:
• 10 self-initiated property checks were performed by either patrol officers of community policing
officers;
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CITY COUNCIL MEETING OF JANUARY 11, 2021 PAGE 10
• There were five events that involved three arrests and two significant reports;
• A field contact led to a warrant arrest for someone with a violation of probation;
• The Street Crimes Unit made a drug dealing arrest and that led to a search warrant at a property
at another location, which yielded positive results;
• There were a couple of disturbance incidents, including one firearm discharge, that they are
continuing to investigate.
Mr. Taylor asked if it were possible to consistently place the command post in the area for an hour
or more a day over a period of time to flood the area with law enforcement. Responding, Chief
Johnson stated that they were willing to try any strategy that would work and that he was not
opposed to innovation or different ideas. He noted that identifying the right time of day would be
important and advised that it could result in moving a quality of life problem or a disorderly problem
from neighborhood to neighborhood, as well as around the clock. Chief Johnson noted that it could
be difficult to generate enough resources to provide a sustainable law enforcement presence over the
full waking hours of the day. He advised that they are taking the overarching strategy of asking the
patrol and street crimes units to perform their functions at a disproportionate amount that they would
be doing in other parts of the city, noting that everything is focused on New and Reed Streets.
Mr. Taylor stated that he believed that if they collaborated with the Department of Health and
Human Services and other entities the command post could be a beneficial presence and he believes
that they need to use extraordinary means to make it safe. He stated that to ride by every day and see
the exact same things over and over again, and then expecting something different to happen, was
not a strategy he thought should be continued. Chief Johnson stated that he would invite Mr. Taylor
to the next meeting of command staff to discuss ideas.
Mr. Sudler concurred with Mr. Taylor and stated he would like to see a mobile police station or
command station. He stated that they have faced these issues for at least 15 or 16 years and they
cannot afford to continue to talk about it; they need to act on it. Mr. Anderson concurred and
advised that he knew people who would be willing to help to bring resources in to help with issues
of addiction if such a station were set up.
ACTING CITY MANAGER'S ANNOUNCEMENTS
Mr. Matt Harline, Acting City Manager, made the following announcements:
• COVID-19 leave has been temporarily extended for those employees who have not yet used it
and a policy will be presented at the next City Council meeting to extend that leave until June
31, 2021;
• City offices will be closed to the public until March 8, 2021 with instructions to staff to increase
operations so they will be at full strength to open in March, with a full open dependent on the
data, the positivity rates, and the availability of the vaccine. Shifts are currently staggered to
reduce the chance of sickness among staff and among families of staff and more vulnerable
populations. No phones are going unanswered.
• There have been 50 positive COVID-19 cases on staff so far with 40 occurring between
October 28, 2020 and December 10, 2020.
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CITY COUNCIL MEETING OF JANUARY 11, 2021 PAGE 11
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Taylor announced that he would like for City Council to consider moving Council Members’
Announcements to the beginning of the meeting rather than at the end when they are in a rush.
Mr. Taylor thanked the City departments, employees, the Central Delaware NAACP, the Chamber
of Commerce, Downtown Development Partnership, and all the volunteer Committees for their work
during 2020.
Mr. Taylor announced that he would be bringing someone to speak about the COVID-19 vaccine
during the next Safety Advisory and Transportation Committee meeting. He stated that he would
also like to have Chief Johnson talk about safety throughout the community. Mr. Taylor announced
that he would be changing the Safety Advisory and Transportation Committee agenda to
accommodate monthly discussions.
Mr. Slavin stated that they all made a commitment that they would have body cameras in the City
and he request Mr. Taylor to include the discussion about body cameras and a citizen review body
for the police department on his Safety Advisory and Transportation Committee agenda.
Mr. Sudler stated that he concurred with Mr. Taylor about the meeting format and added that he
would also like to see a monthly report from the Mayor regarding constituent issues.
Mr. Lindell announced that he met with Chief Johnson three hours on a Friday night at the police
station and he has been working on the body camera issue and he would be bringing something to
the Legislative, Finance, and Administration Committee by the end of the month.
Mr. Neil moved for adjournment, seconded by Mr. Anderson and unanimously carried.
Meeting adjourned at 8:27 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of January 11, 2021 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
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PROCLAMATION
WHEREAS, during Black History Month we celebrate the many contributions and
achievements made by African American 's to our nation. The Association for the Study of
African American Life and History has chosen "The Black Family: Representation, Identity,
and Diversity" as the 2021 Black History theme which explores the African dispersion, and
the spread of black families across the United States. The black family has been a topic of
study in many disciplines - history, literature, the visual arts and film studies, sociology,
anthropology, and social policy; and
WHEREAS, its complexity as the "foundation" of African American life and history can be
seen in numerous debates over how to represent its meaning from a historical perspective -
as slave or free, as patriarchal or matriarchal, as single-headed or dual-headed household,
as fictive kin or blood lineage, as legal or common law, and as black or interracial. Variation
appears in discussions on the impact of parenting, childhood, marriage, gender norms,
sexuality, and incarceration.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF
DOVER, DELAWARE do hereby proclaim February 2021 as
BLACK HISTORY MONTH
in the City ofDover and urge all citizens to recognize the essential role of the black family in
shaping our nation in the past and present.
Page 17
COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole Meeting was held by video conference on January 12, 2021 at
6:01 p.m. with Council President Hare presiding. Members of Council present via video or telephone were
Mr. Anderson, Mr. Sudler (arrived at 6:03 p.m.), Mr. Neil, Mr. Slavin, Mr. Rocha, Mr. Taylor, and
Mr. Lindell. Civilian members present via video or telephone for their Committee meetings were
Mr. Caldwell (arrived at 6:26 p.m.) and Col. Dix, Retired, (Parks, Recreation, and Community
Enhancement), Ms. Maucher (Utility), and Mr. Contant and Mr. Shevock (Legislative, Finance, and
Administration).
UTILITY COMMITTEE
The Utility Committee met with Council President Hare presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Taylor and unanimously carried.
Evaluation of Bids - Ross Street and West Street Alley West Water Main Replacement (Actionable
Item)
Mr. Jason Lyon, Water and Wastewater Director, reviewed the background and analysis regarding the
evaluation of bids for Ross Street and West Street Alley West Water Main Replacement.
Staff recommended awarding the contract to Teal Construction, Inc., for the City of Dover, Ross Street and
West Street Alley West Water Main Replacement Project, Bid #21-0015WW, for the amount of $599,599.
Mr. Slavin moved to recommend approval of Staff’s recommendation. The motion was seconded by
Mr. Anderson and unanimously carried.
Evaluation of Proposals - Elevated Water Storage Tank Inspection and Maintenance (Actionable
Item)
Mr. Jason Lyon, Water and Wastewater Director, reviewed the background and analysis regarding the
Evaluation of Proposals for the Elevated Water Storage Tank Inspection and Maintenance.
Staff recommended awarding the ten (10) year contract to Corrosion Control Corporation for the Elevated
Water Storage Tank Inspection and Maintenance project.
Responding to Mr. Neil, Mr. Lyon stated that they received one proposal on the project from the company,
Corrosion Control. He noted that they submitted the proposal in September and because of the funding
shortfall, they asked them if they would be willing to hold the prices firm, which they put in writing.
Mr. Lyon stated that they solicited from numerous companies, but a lot of the companies did not want to deal
with the new regulations until they understood them better because of the infancy of the regulations.
Mr. Neil moved to recommend awarding the ten (10) year contract to Corrosion Control Corporation
for the Elevated Water Storage Tank Inspection and Maintenance project, as recommended by Staff.
The motion was seconded by Mr. Taylor and unanimously carried.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 12, 2021 PAGE 2
Wellhead Redevelopment Program - Change Order (Actionable Items)
Mr. Jason Lyon, Water and Wastewater Director, reviewed the background and analysis regarding the
Wellhead Redevelopment Program - Change Order.
Staff recommended approval of the proposed amendment to the Wellhead Redevelopment Program and
providing additional funding to make the necessary improvements to the wells.
Responding to Mr. Anderson, Mr. Lyon stated that they were not revising anything in the water quality
improvement fund because of the bid price of agenda item #1 - Evaluation of Bids - Ross Street and West
Street Alley West Water Main Replacement. He noted that because the bid price was significantly under
budget, they would not have any time to utilize those funds in any other method.
Mr. Taylor asked if they were asking for an exact dollar amount or if they were guesstimating what they
were going to need. Responding, Mr. Lyon stated that $58,600 was a firm number, provided that once they
open it up nothing else is problematic. He noted that the City had no plans for the surplus of $146,126 other
than contingency in case something drastically goes wrong with another project. Mr. Taylor recommended
that they keep it.
Responding to Mr. Taylor regarding the City's deep wells, Mr. Lyon stated that all of the wells were running
the way that they should be. He noted that the work that they want to accomplish with the change order
would only increase the efficiency and long-term health of the wells.
Responding to Mr. Taylor, Mr. Lyon stated that they currently have locations in sight for new wells. He
advised that they have a site earmarked for a future well in Fiscal Year 2022s budget and that the location
is yielding approximately 625 gallons per minute. Mr. Lyon noted that the site is located at Silver Lake Park
off of Washington Street and that they have investigated and worked with the Department of Natural
Resources and Environmental Control (DNREC) on it.
Responding to Ms. Maucher, Mr. Lyon advised that the City has interconnection agreements with Tidewater
Utilities, Inc., but about 99% of the time it was only going toward Tidewater. He stated that they purchased
water from the City and there was an interconnection on the Northern part of the City.
Mr. Taylor moved to recommend approval of the proposed amendment to the Wellhead
Redevelopment Program and to provide additional funding to make the necessary improvements to
the wells, as recommended by Staff. The motion was seconded by Mr. Rocha and unanimously
carried.
Mr. Anderson moved for adjournment of the Utility Committee meeting, seconded by Mr. Neil and
unanimously carried.
Meeting adjourned at 6:21 p.m.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 12, 2021 PAGE 3
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
Due to Mr. Lindell’s limited access, the Legislative, Finance, and Administration Committee met with
Council President Hare presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Shevock and unanimously carried.
Sale and Disposition of Real Property - Right of Way Adjacent to 107 Silver Lake Drive (Actionable
Item)
Mr. Matthew Harline, Acting City Manager, reviewed the background and analysis regarding the Sale and
Disposition of Real Property - Right of Way Adjacent to 107 Silver Lake Drive
Staff recommended authorizing the City Manager to sell the property located adjacent to 107 Silver Lake
Drive to Bruce D. and Della M. Parham for $1.00 under Exception D of Section 2-422 of the City of Dover
Code of Ordinances.
Mr. Harline advised that Mr. Neil and Mrs. Traci McDowell, City Clerk, discovered that the City had
addressed this piece of property during the Council Committee of the Whole meeting of July 27, 2015 and
declared the property a surplus. He noted that under Exception C, they had determined that the property was
eligible for conveyance because it was an odd shaped parcel. Mr. Harline stated that the property is adjacent
to the property at 107 Silver Lake Drive, an almost rectangular shaped piece of property that has no value
to the City, that if conveyed, would still leave them 50 feet.
Mr. Harline clarified that they were asking for City Council to approve the Staff recommendation and grant
them the ability to transfer the property to the abutting landowner without an appraisal.
Mr. Neil stated that when this request was previously considered, the residents in the area advised that the
deed of this area would originally permit them to have access to the shoreline and, in 2015, this would have
eliminated that passageway. He asked if this proposal meant that the people in that area would have access
to get to the shoreline from the property or if it would cut them off from the piece of property. Mr. Neil
stated that they had been through this and the only thing different in what they have requested is that they
will pay $1.00 a year for the property, whereas before they were asking to receive it for no cost to the City.
Mr. Neil advised that City Council denied this request in 2015 and noted that if it was the same piece of
land, he was going to recommend denying it.
Mr. Harline stated that he was going to look over the record and that he misread that it was denied before
under Exception C. Responding to Mr. Harline, Mr. Jason Lyon, Water and Wastewater Director, stated that
there would be a 50-foot wide access all the way down to the shoreline.
Mr. Slavin stated that when the current McGlynns Pub was built, the City ceded some of the shoreline along
the lake to allow the developer to meet the storm water management requirements. He noted that it slipped
past City Council and that caused quite a stir up for them. Mr. Slavin stated that he did not think they should
take lightly the decision to transfer to private ownership the area that they hold in trust for others, for future
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 12, 2021 PAGE 4
generations, regardless of the reason. He advised that the neighborhood was quite upset that it was brought
forward.
Mr. Neil stated that because this request is being made on a regular basis, there should be a way to designate
the area for public access to that shoreline. He noted that it should be accessible to anybody.
Mr. Slavin moved to recommend tabling the issue and allowing Mr. Harline and Mr. Lyon to conduct further
research to see if there was a compelling public interest in transferring this property. The motion was
seconded by Mr. Neil.
Mr. Slavin noted that in the period that the item is tabled, to prevent this from falling off the radar screen
and then coming back again, they could simply put a permanent conservation easement on the parcel that
they wish to retain.
Mr. Harline stated that it was possible that the current property’s setback from the property line is probably
inadequate. He noted that if City Council would permit him to look into preserving the entire width at the
shoreline back to the edge of Lake View Drive, they could maybe cede that one piece to get that property
and most of the driveway off of the City’s property. Mr. Harline stated he wants to see if that is
advantageous to the City.
The motion to recommend tabling the issue and allowing Mr. Harline and Mr. Lyon to conduct
further research to see if there was a compelling public interest in transferring this property was
unanimously carried.
Mr. Neil moved for adjournment of the Legislative, Finance, and Administration Committee meeting,
seconded by Mr. Shevock and unanimously carried.
Meeting adjourned at 6:37 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. Taylor and unanimously carried.
Update on Park Workshops (Informational Items)
Mr. Robin Eaton, Parks and Recreation Director provided an update regarding the Schutte Park Skatepark
Design Workshop of December 15, 2020 and the Dover Park Improvement Project Workshop of
December 17, 2020.
Responding to Mr. Anderson regarding the skatepark security, Mr. Harline stated that they were considering
both a gate with a pass key exit or entrance and a camera system. He noted that they were looking at a cost
in the neighborhood of $40,000 to $50,000. Mr. Harline advised that one of the ways to keep the park secure
would be limiting access from cars and the other would be to incorporate a camera system and proper
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 12, 2021 PAGE 5
lighting. He noted that they did not think a fence would be particularly useful and that the Skatepark Project
had cautionary tales about trying to fence the area. He noted that they need to keep a good relationship with
the regular users, as they may provide a lot of information if there are damages.
Responding to Mr. Anderson, Mr. Eaton stated that they would have programming for beginners and
advanced riders. Mr. Harline noted that they will have programming and anything that would get kids active
and off a screen all the time. He stated that skateboarding is a sport where people can enjoy and develop
physical fitness without having a league. Mr. Eaton noted that they could even include some competitions.
Responding to Mr. Rocha regarding competitions, Mr. Eaton stated that he did not think they would be
bringing in a Vans-sponsored event, but that the park would have enough things in it that they could host
their own type of small, minor event.
Mr. Rocha stated that he was concerned about the liability related to after hour activities and suggested some
form of surveillance in the area. He stated that hopefully it could send a signal to the Dover Police
Department.
Mr. Neil asked if the skatepark would be free for City residents and if there would be a charge for non-city
residents. Responding, Mr. Eaton advised that, in his past experience, they tried to charge initially; however,
it was an extreme policing issue and eventually they made it free for the park that he was at. He advised that
charging was not out of the question, but without having a Staff member there all the time, it would be
difficult. Mr. Neil stated that it may be worthwhile considering it as a policing measure. Mr. Eaton noted
that they did encourage people to at least register with them.
Mr. Taylor asked if they were going to have "skate at your own risk" signs or if the City would be held
responsible for any injuries. Responding, Mr. Harline stated the amount of liability injuries from a skatepark
tend to be very low, but they would have signage and rules would be posted. Mr. Harline advised that their
insurance company has already given them some suggestions and Grindline and the Skatepark Project had
some recommendations.
Responding to Mr. Taylor, Mr. Harline stated that they would provide Connor Strong with the design and
they would review it and make insurance recommendations. Mr. Harline stated that, according to the
insurance company, it was not going to increase their overall costs, which is somewhere in the neighborhood
of $700,000 a year for liability insurance. Mr. Slavin stated that this discussion came up previously and they
heard back that really it was no different from a lot of the activities that take place in parks.
Col. Dix expressed concern regarding the pond near the skatepark at Schutte Park and wanted to ensure that
the bowl is higher than the elevation of that water. Responding, Mr. Eaton stated that the streetscape area
was lower and the bowl portion will actually be backfilled to have it higher than the actual current ground
level.
Responding to Mr. Anderson regarding the Dover Park Improvement Project, Mr. Eaton stated that the
restrooms in the park building would be accessible from both outside and inside. Mr. Eaton advised that the
idea would be to have the exterior doors designed into their security system. Mr. Harline noted that they
were looking at the possibility of adding a family restroom.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 12, 2021 PAGE 6
Responding to Mr. Caldwell regarding safety concerns, Mr. Eaton stated that they currently have two gates
at the front and back of Dover Park and there is a camera at the front of the park. He noted that once the
building was built, there would be staffing there from 7:00 a.m. to 8:00 p.m. He advised that in this year's
budget they were starting to run some fibers for a camera that will get the back part of the park and the new
building that will all link to the police department. Mr. Eaton noted his Staff leaves at 8:00 p.m. and that
there could be discussion moving forward of a police officer utilizing the office for that side of the City.
Responding to Mr. Sudler, Mr. Eaton stated that the building would be the first priority and would be in the
coming year's budget. Mr. Eaton noted that they are hoping to break ground in the fall, possibly having the
building ready in the spring, and the splash pad in the summer of 2022.
Responding to Mr. Sudler, Mr. Eaton stated that they needed funding. Mr. Sudler stated that they might do
some grassroot initiatives.
Mr. Rocha asked if the plan expanded all the way to back of Dover Park. Responding, Mr. Eaton stated that
in the overall plan there were features in the back of the park. Three items were identified in the survey as
priorities: a community garden, a natural playground area, and completion of a trail that would connect the
whole park together. Mr. Eaton stated that the master plan does include the back part of the park, but at this
point, those were the three identified priorities. He advised that the basketball and tennis courts were redone.
Responding to Mr. Neil regarding the Can-Do Park, Mr. Eaton stated that their design is similar to the
Can-Do park located in Milford, Delaware. Mr. Harline noted that the design was intended to make it
accessible to children with a variety of different disabilities and interesting to kids without disabilities.
Mr. Harline noted that Ms. Lisa Chase, Grant Writer, was actively working with foundations and Rotary
clubs in combination with grant writing and fundraising. He stated that they were going to need a few
hundred thousand dollars to bring all of these projects forward, in addition to the money that they have
received from the state grant-in-aid program.
Mr. Eaton stated that they were in the stage with Whitman, Requardt and Associates, LLP where they should
start seeing hard numbers. He noted that they if they had to, they would always keep moving forward with
the projects in phases.
Mr. Hare moved for adjournment of the Parks, Recreation, and Community Enhancement Committee
meeting. The motion was seconded by Mr. Taylor and unanimously carried.
Meeting adjourned at 7:35 p.m.
Mr. Neil moved for adjournment of the Council Committee of the Whole meeting. The motion was
seconded by Mr. Anderson and unanimously carried.
Meeting adjourned at 7:35 p.m.
William F. Hare
Council President
WFH/TM/jt
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CITY OF DOVER City Council Meeting
Oct 26, 2020
FISCAL YEAR JULY 1, 2020 TO JUNE 30, 2021
1 of 2
QUARTERLY REVENUE REPORT
As of December 31,2020
FY21 50%
ORIGINAL YTD % BUDGET FY20 FY19
GENERAL FUND BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Property Taxes $ 14,335,100 $ 14,281,900 99.6% $ 14,123,800 $ 12,890,000
2 Payment In Lieu of Taxes 550,700 514,400 93.4% 560,300 525,000
3 Transfer from Electric Fund 10,000,000 5,000,000 50.0% 10,000,000 10,000,000
4 Intrafund Service Receipts Electric 3,805,923 1,503,100 39.5% 2,874,100 3,545,000
5 Transfer from Transfer Tax Fund 1,433,500 614,300 42.9% 1,828,000 1,638,500
6 Business Licenses 1,470,000 1,356,400 92.3% 1,408,200 1,437,500
7 Intrafund Service Receipts Water 1,038,607 410,200 39.5% 676,300 844,100
8 Intrafund Service Receipts Wastewater 748,170 295,500 39.5% 676,300 844,100
9 Sanitation Fees 3,090,600 1,561,100 50.5% 3,080,900 3,068,400
10 Permits & Other Licenses 1,446,000 569,900 39.4% 1,059,800 1,472,100
11 Transfer from Municipal Street Aid Fund 750,000 398,800 53.2% 796,200 806,300
12 Fines & Police Revenue 572,800 171,100 29.9% 571,500 571,500
13 Police Extra Duty Fees 595,000 30,700 5.2% 470,900 579,900
14 Transfer from Police Grant Funds 155,000 20,900 13.5% 219,900 59,100
15 Court of Chancery Fees 1,440,000 655,900 45.5% December fee not received yet. 1,602,400 1,588,100
16 Transfer from Water/Wastewater Fund 1,000,000 500,000 50.0% 1,000,000 1,000,000
17 Transfer from Civil Traffic Penalties Fund 445,000 103,700 23.3% December ERLSP not received yet. 430,300 449,400
18 Library Revenues & County Reciprocal Pymt 368,400 19,600 5.3% 329,500 410,200
19 Franchise Fees 645,000 236,300 36.6% Q2 fees not yet received 617,500 631,900
20 General Fund Grant Receipts 623,500 402,000 64.5% 625,700 635,200
21 Recreation Revenue 135,000 9,600 7.1% 84,900 141,400
22 Other Miscellaneous Receipts 210,000 115,800 55.1% 110,900 158,000
23 Interest Income 140,000 7,800 5.6% 291,200 327,600
TOTALS $ 44,998,300 $ 28,779,000 64.0% $ 43,438,600 $ 43,623,300
Final Budget
Page 24
CITY OF DOVER City Council Meeting
Oct 26, 2020
FISCAL YEAR JULY 1, 2020 TO JUNE 30, 2021
2 of 2
QUARTERLY REVENUE REPORT
As of December 31,2020
FY21 50.0%
ORIGINAL YTD % BUDGET FY20 FY19
WATER FUND BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Water Fees $ 6,231,700 $ 3,175,200 51.0% $ 5,557,800 $ 5,682,000
2 Water Impact Fees 570,000 98,200 17.2% 215,900 753,200
3 Water Tank Space Leasing 420,100 224,300 53.4% 374,900 399,800
4 Interest Income 34,000 4,500 13.2% 43,500 34,100
5 Other Miscellaneous Revenues 67,800 159,900 235.8% 26,900 2,000
TOTALS $ 7,323,600 $ 3,662,100 50.0% $ 6,219,000 $ 6,871,100
Final Budget
50.0%
ORIGINAL YTD % BUDGET FY20 FY19
WASTEWATER FUND BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Wastewater Fees 4,467,500 2,245,300 50.3% 3,615,700 3,720,800
2 Wastewater Adjustment Fees - County Trtmt 3,275,100 1,678,200 51.2% 3,108,400 2,902,900
3 Groundwater Inflow Adjustment 2,040,400 1,047,200 51.3% 1,804,000 1,858,200
4 Wastewater Impact Fees 480,000 84,900 17.7% 211,500 688,100
5 Interest Income 20,000 800 4.0% 5,600 21,300
6 Other Miscellaneous Revenues 1,300 5,400 415.4% 7,100 10,300
TOTALS $ 10,284,300 $ 5,061,800 49.2% $ 8,752,300 $ 9,201,600
Final Budget
FY21 50.0%
ORIGINAL YTD % BUDGET FY20 FY19
ELECTRIC REVENUE FUND BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Sales to Customers $ 80,417,400 $ 40,694,300 50.6% $ 78,671,000 $ 80,706,700
2 Distribution of Earnings (5,246,100) (2,645,200) 50.4% (2,727,100) (2,839,700)
3 Utility Tax 1,245,100 596,400 47.9% 1,223,200 1,270,300
4 Rate Stabilization Reserve 2,500,000 - 0.0% - -
5 Miscellaneous Revenue 767,000 330,308 43.1% 1,049,400 1,281,500
6 Interest Income 157,400 22,000 14.0% 280,800 295,000
TOTALS $ 79,840,800 $ 38,997,808 48.8% $ 78,497,300 $ 80,713,800
Final Budget
Page 25
DEPARTMENT OF POLICE
Thomas A. Johnson, Jr. 400 South Queen Street
Chief of Police Dover, Delaware 19904
302-736-7111
Fax: 302-672-1842
January 16, 2021
Ms. Traci McDowell
City Clerk
Dover City Hall
P.O. Box 475
Dover, DE 19903
Dear Ms. McDowell:
The Police Pension Plan Retirement Committee Board term of Retired Captain Larry Gray will
expire on January 31, 2021. Pursuant to Section 18-47 of the pension plan, a request for
nominations was posted with an announcement of election to fill the vacancy on January 8, 2021.
One nomination was received, therefore, no election will be held
I hereby nominate Retired Captain Larry Gray to serve a three-year term on the Pension Board,
commencing February 1, 2021 and ending January 31, 2024, subject to confirmation of a voting
majority of City Council.
If you need additional information, please call me at (302) 736-7100.
Thank you.
Sincerely,
Thomas A. Johnson, Jr.
Chief of Police
Page 26
COUNCIL ACTION FORM
PROCEEDING: Council Committee of the Whole – Legislative, Finance and Administrative Committee
DEPARTMENT OF ORIGIN: City Manager’s Office DATE SUBMITTED: January
PREPARED BY: Matt Harline, Interim City Manager
SUBJECT: Proposed Policy for Temporary Extension of COVID-19 Leave
REFERENCE: None
RELATED PROJECT: N/A
REVIEWED BY: Matt Harline, Interim City Manager
EXHIBITS: A – Proposed Temporary COVID-19 Leave Policy
EXPENDITURE REQUIRED: unknown
AMOUNT BUDGETED: None
FUNDING SOURCE (Dept./Page in CIP & Budget): Department personnel budgets.
TIME TIMETABLE: This policy if adopted would extend additional sick leave
RECOMMENDED ACTION: Staff recommends approval of the policy extending COVID-19 Leave
until 11:59:59 on Saturday, June 26, 2021 as described in the attached proposed policy.
BACKGROUND AND ANALYSIS
INTRODUCTION: On March 18, 2020 Congress enacted the Families First Coronavirus Response Act ("FFCRA")
(P.L. 116-127) which mandated that employers extend sick leave for up to two weeks in addition to existing sick
leave (80 hours for full-time employees and an average number of hours in a two-week period for part-time
employees) with certain guidelines and tax credits for entities that paid income taxes. There was no reimbursement
for local governments for the added burden of the cost of additional leave. Leave could be granted for required
isolation if the employee tested positive, for required quarantine if there was a close exposure, or to provide care for
a child or for a person in quarantine.
The City followed these federal mandates and even extended this benefit to emergency responders who were
categorically excluded from the FFRCA. All of these benefits would have expired on December 31, 2020 except that
I extended the leave until the Council could act on this policy.
The City has experienced a number of positive cases and a few employees got fairly sick with a couple requiring
brief hospitalizations. A summary can be seen below. Forty-three of the cases were reported in a forty-day period
from October 28 – December 10.
Month August September October November December January Total
Cases 3 0 2 27 16 2 50
I feel that it is in the best interest of the Council to adopt this policy and extend COVID-19 leave for the following
reasons:
• This is more equitable than only giving leave to those who were exposed before December 31st;
• It does not increase the amount of leave mandated by FFRCA, it only extends it for those who have not
expended their allotment;
• It removes any incentive to withhold information about possible exposures, and, although I doubt anyone
would do this, withhold positive COVID-19 test results;
• It extends the leave until the end of the last full pay period in this fiscal year which eliminates any budgeting
issues;
Page 27
• As written allows for up to 48 hours of leave for recovery from a vaccination shot;
The current guidelines related to a COVID-19 isolation or quarantine will be followed for isolation and quarantine.
After review of the policy, staff and the COVID working group urges adoption of the policy.
Page 28
Exhibit A
CITY OF DOVER
DEPARTMENT OF FINANCE
PROCEDURE
TITLE: Temporary COVID-19 Leave Policy PROCEDURE: (Insert #)
DATE: January 8, 2021
PURPOSE
This procedure provides guidance for the extension of the COVID-related leave for a
specific period of time until the public health hazard is determined to be mitigated in the
Dover area. The purpose of extending the additional leave is to discourage workers from
returning to work after exposure to a person infected with the novel coronavirus (SARS-
Cov-2/COVID-19). This merely extends the additional leave for full-time employees that
have not exhausted their 80 hours and part-time employees that have not exhausted the value
of two (2) weeks of their normal pay of leave directly related to COVID-19.
This policy will expire at 11:59:59 on Saturday, June 26, 2021 unless the City Council
of Dover takes further action or the order is rescinded, whichever comes first.
PROCEDURES
Although the Federal Government did not extend the mandate for COVID leave as described
in the original Families First Coronavirus Response Act (FFRCA) when they extended some
FFRCA benefit, we will continue to due so in the City of Dover. The reasons for being
eligible for leave remain the same with one addition. Employees may take Emergency Paid
Sick Leave Act (EPSLA) for the following reasons:
1. Employee is subject to a Federal, State, or local quarantine or isolation order related to
COVID-19 – the COVID-19 test results must be provided;
2. Employee has been advised by a health care provider or by a public health official to
self-quarantine related to COVID-19; the written advisement is to be provided;
3. Employee is experiencing COVID-19 symptoms (reference the end of this memo) and
is seeking a medical diagnosis;
4. Employee is caring for an individual subject to an order described in (1) or self-
quarantine as describe in (2);
5. Employee is caring for his or her child whose school or place of care is closed (or child
care provider is unavailable) due to COVID-19 related reasons; or
6. Employee is experiencing any other substantially-similar condition specified by the U.S.
Department of Health and Human Services; or
Page 29
Exhibit A
7. Employee is experiencing symptoms related to receiving the COVID-19 vaccine.
Leave for getting a vaccine is not to exceed 3 work days – maximum 24 hours – for
each shot without a note from a healthcare provider. The combination of leave,
holidays and weekend/scheduled days off may not exceed four consecutive days
without a note from a healthcare provider.
For reasons #1 - #3 and #7, compensation is the employee’s base wage however not to exceed
$511 daily. For reason #4, #5 and #6, compensation is 2/3rd of the employees’ wages up to a
maximum of $200 per day for employees who have been with the City for 30 days.
The amount of leave from the initiation of the FFRCA until the expiration of this policy shall
not exceed eight (80) hours for any full-time City employee and the value of two (2) weeks of
normal pay for a part-time City employee. Any additional leave will be deducted from the
employee’s’ sick leave or vacation accrual. If no sick leave or vacation accrual is available,
the employee will be place on leave without pay status.
Any employee who comes to work when they know that they are infected with the
COVID-19 virus, even if they are not displaying symptoms, is subject to discipline.
Failure to obey isolation or quarantine requirements will subject employees to discipline
as well.
Approval by City Council: (Insert Date Upon Approval)
DISTRIBUTION:
1. City Department Heads
2. Human Resources Department
3. Finance Department
Page 30
PROPOSED AMENDMENTS TO THE 2019 COMPREHENSIVE PLAN
First Reading before the
Dover City Council
January 25, 2021
MI-21-01 Comprehensive Plan Amendments 2021
Review of a series of Amendments to the 2019 Comprehensive Plan; there are three Requests
identified as Request A, B, and C. These Requests for Amendment of the 2019 Comprehensive
Plan were submitted by the property owners as associated with the City of Dover’s annual
opportunity to request Comprehensive Plan Amendments (see Chapter 15: Implementation Plan).
A. Property at 1205 McKee Road - Consideration of Amendment to Map 12-1: Land
Development Plan Map - Request for a parcel located at the northeast corner of
McKee Road and College Road to revise the Land Use Classification from Office to
Commercial Low Intensity on 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. This is
associated with rezoning application Z-21-01.
Owner: College Towers, LLC
Equitable Owner: Two Farms, LLC
Address: 1205 McKee Road
Tax Parcel: ED-05-067.00-02-51.00-000
Size: 3.46. +/- acres
Existing Land Use: Vacant land
2019 Comprehensive Plan Designation
– Land Use Classification: Office
Proposed Comprehensive Plan Designation
– Land Use Classification: Commercial Low Intensity
File Number: MI-21-01A
Ordinance Number: #2021-01
Page 31
City of Dover Comprehensive Plan Amendment 2021
Department of Planning & Inspections MI-21-01 Amendment A
Current Designation Proposed Designation
Site Site
Office Commercial Low Intensity
W W
estm tm
es
d in d in
R ste r R ste
olle olle r
ge Dr ge rD
C C
McK McK
ee ee
Rd Rd
«
Plan Title: Lands of College Towers, LLC Dover Boundary DoverAFB Public and Private Utilities
Location: 1205 McKee Road
Plan Type: Comprehensive Plan Amendment A
Tax Parcel: ED-05-067.00-02-51.00
•
Land Use • Active Agriculture
Industrial
Institutional
Residential High Density
Residential Low Density
Current Land Use: Office
Proposed Land Use: Commercial Low Intensity Commercial Entertainment Mixed Use Residential Medium Density
Owners: College Towers, LLC and Two Farms, Inc. Commercial High Intensity Office Train Track
Date: 12/31/2020 0 70 140 280 Feet
I I I - - Commercial Low Intensity Open Space Water
Page 32
FIRST READING
CITY OF DOVER ORDINANCE #2021-01
1 AN ORDINANCE AMENDING THE 2019 COMPREHENSIVE PLAN BY AMENDING MAP
2 12-1: LAND DEVELOPMENT PLAN BY CHANGING THE LAND USE CLASSIFICATION OF
3 THE SPECIFIC PROPERTY LOCATED AT 1205 MCKEE ROAD.
4
5 WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies within
6 the City of Dover, Delaware; and
7
8 WHEREAS, the City Council of the City of Dover, on January 13, 2020, following the
9 recommendation of the City of Dover Planning Commission, adopted the 2019 Comprehensive Plan
10 pursuant to Title 22, Section 702 of the Delaware Code; and
11
12 WHEREAS, the Honorable John Carney, Governor of the State of Delaware, certified the 2019
13 Comprehensive Plan to be effective as of January 13, 2020 by letter of March 10, 2020; and
14
15 WHEREAS, the 2019 Comprehensive Plan allows for an annual amendment process; and
16
17 WHEREAS, a property owner has requested an amendment to the Land Development Plan Map (Map
18 12-1) in accordance with the process set forth in the 2019 Comprehensive Plan; and
19
20 WHEREAS, the Planning Office has prepared this amendment to the Land Development Plan Map
21 (Map 12-1) for review as part of the Comprehensive Plan Amendments 2021; and
22
23 WHEREAS, the Planning Commission held a public hearing on February 16, 2021, after which the
24 Planning Commission made a recommendation in regard to this amendment to the Land Development
25 Plan related to the specific property.
26
27 WHEREAS, it is deemed in the best interest of zoning and planning in the City of Dover to change the
28 Land Use Classification of the property on the Land Development Plan Map (Map 12-1) as described
29 below.
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
32 OF DOVER, IN COUNCIL MET AND AMEND THE 2019 COMPREHENSIVE PLAN BY:
33
34 That from and after the passage and approval of this ordinance, that Map 12-1: Land Development Plan
35 Map of the City of Dover has been amended by changing the designated Land Use Classification from
36 Office to Commercial Low Intensity for a parcel located at the northeast corner of McKee Road and
37 College Road, known as 1205 McKee Road.
38 (Property Owner: College Towers LLC and equitable owner Two Farms, LLC; Property Address: 1205
39 McKee Road; Tax Parcel: ED-05-067.00-02-51.00-000; Planning References: MI-21-01A and Z-21-01)
40
41 BE IT FURTHER ORDAINED:
42
43 That upon final action to adopt this ordinance, the amendment as approved changing the Land Use
44 Classification of the property shall be made to Map 12-1: Land Development Plan of the 2019
45 Comprehensive Plan.
46
47 ADOPTED: *
Page 33
Proposed Ordinance #2021-01: Consideration of Amendment to Map 12-1: Land Development Plan,
2019 Comprehensive Plan (MI-21-01A: 1205 McKee Road) Page 2
48 I:\DAC\2021 Applications\2 February 2021\MI-21-01 Comprehensive Plan Amendments A B C\Amendment A - 1205
49 McKee Road College Towers\First Reading Ordinance 2021-01 Comp Plan Amendment 1205 McKee Rd MI-21-01A.docx
50
51
52 SYNOPSIS
53 The proposed ordinance would adopt an amendment to the 2019 Comprehensive Plan for the Land Use
54 Classification of a property. The specific property is 1205 McKee Road, Dover DE. The amendment
55 (MI-21-01A) is to be reflected as a revision to Map 12-1: Land Development Plan Map of the 2019
56 Comprehensive Plan.
57
58
59
60 Actions History:
61 January 25, 2021 – Scheduled for First Reading – City Council
62
Page 34
PROPOSED AMENDMENTS TO THE 2019 COMPREHENSIVE PLAN
First Reading before the
Dover City Council
January 25, 2021
MI-21-01 Comprehensive Plan Amendments 2021
Review of a series of Amendments to the 2019 Comprehensive Plan; there are three Requests
identified as Request A, B, and C. These Requests for Amendment of the 2019 Comprehensive
Plan were submitted by the property owners as associated with the City of Dover’s annual
opportunity to request Comprehensive Plan Amendments (see Chapter 15: Implementation Plan).
B. Properties at 92 N. West Street - Consideration of Amendment to Map 12-1: Land
Development Plan Map - Request for two parcels located adjacent to the east side of
the railroad corridor along N. West Street between Fulton Street and Cecil Street to
revise the Land Use Classification from Industrial to Mixed Use on Map 12-1: Land
Development Plan Map. Property Owner: Donny Legans (Former Owner: Southern
States Coop Inc.). Property Addresses: 92 N. 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. This is associated with rezoning application Z-21-02.
Owner: Donny Legans
Addresses: 92 N. West Street and unaddressed parcel on Fulton Street
Tax Parcels: ED-02-076.08-01-16.00-000
ED-02-076.08-01-44.00-000
Total Size: 0.82 acres +/-
Existing Land Use: Industrial
2019 Comprehensive Plan Designation
– Land Use Classification: Industrial
Proposed Comprehensive Plan Designation
– Land Use Classification: Mixed Use
File Number: MI-21-01B
Ordinance Number: #2021-02
Page 35
City of Dover Comprehensive Plan Amendment 2021
Department of Planning & Inspections MI-21-01 Amendment B
Current Designation Proposed Designation
il St il St
Ce c Ce c
Site Site
est S est S
NW NW
Industrial Mixed Use
t t
nS t nS t
Fulto Fulto
«
Plan Title: Lands of Donny Legans Dover Boundary DoverAFB Public and Private Utilities
Location: 92 N. West Street
Plan Type: Comprehensive Plan Amendment B
•
Land Use • Active Agriculture
Industrial Residential High Density
Tax Parcel: ED-05-076.08-01-44.00 & ED-05-076.08-01-16.00 Institutional Residential Low Density
Current Land Use: Industrial
Proposed Land Use: Mixed Use Commercial Entertainment Mixed Use Residential Medium Density
Owner: Donny Legans Commercial High Intensity Office Train Track
Date: 12/31/2020 0 50 100 200 Feet
I I I - - Commercial Low Intensity Open Space Water
Page 36
FIRST READING
CITY OF DOVER ORDINANCE #2021-02
1 AN ORDINANCE AMENDING THE 2019 COMPREHENSIVE PLAN BY AMENDING MAP
2 12-1: LAND DEVELOPMENT PLAN BY CHANGING THE LAND USE CLASSIFICATION OF
3 THE SPECIFIC PROPERTIES LOCATED AT 92 N. WEST STREET AND AN ADJACENT
4 PARCEL ON FULTON STREET
5
6 WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies within
7 the City of Dover, Delaware; and
8
9 WHEREAS, the City Council of the City of Dover, on January 13, 2020, following the
10 recommendation of the City of Dover Planning Commission, adopted the 2019 Comprehensive Plan
11 pursuant to Title 22, Section 702 of the Delaware Code; and
12
13 WHEREAS, the Honorable John Carney, Governor of the State of Delaware, certified the 2019
14 Comprehensive Plan to be effective as of January 13, 2020 by letter of March 10, 2020; and
15
16 WHEREAS, the 2019 Comprehensive Plan allows for an annual amendment process; and
17
18 WHEREAS, a property owner has requested amendments to the Land Development Plan Map (Map 12-
19 1) in accordance with the process set forth in the 2019 Comprehensive Plan; and
20
21 WHEREAS, the Planning Office has prepared this amendment to the Land Development Plan Map
22 (Map 12-1) for review as part of the Comprehensive Plan Amendments 2021; and
23
24 WHEREAS, the Planning Commission held a public hearing on February 16, 2021, after which the
25 Planning Commission made a recommendation in regard to this amendment to the Land Development
26 Plan related to the specific properties.
27
28 WHEREAS, it is deemed in the best interest of zoning and planning in the City of Dover to change the
29 Land Use Classification of the properties on the Land Development Plan Map (Map 12-1) as described
30 below.
31
32 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
33 OF DOVER, IN COUNCIL MET AND AMEND THE 2019 COMPREHENSIVE PLAN BY:
34
35 That from and after the passage and approval of this ordinance, that Map 12-1: Land Development Plan
36 Map of the City of Dover has been amended by changing the designated Land Use Classification from
37 Industrial to Mixed Use for two parcels located adjacent to the east side of the railroad corridor along
38 North West Street between Fulton Street and Cecil Street, known as 92 N. West Street and a
39 unaddressed parcel on Fulton Street.
40 (Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.); Property Addresses: 92
41 N. West Street and unaddressed parcel on Fulton Street; Tax Parcels: ED-05-076.08-01-16.00-000 and
42 ED-05-076.08-01-44.00-000; Planning References: MI-21-01 and Z-21-02)
43
44 BE IT FURTHER ORDAINED:
45
Page 37
Proposed Ordinance #2021-02: Consideration of Amendment to Map 12-1: Land Development Plan,
2019 Comprehensive Plan (MI-21-01B: 92 N. West Street and unaddressed parcel on Fulton Street)
Page 2
46 That upon final action to adopt this ordinance, the amendment as approved changing the Land Use
47 Classification of the properties shall be made to Map 12-1: Land Development Plan of the 2019
48 Comprehensive Plan.
49
50 ADOPTED: *
51 S:\ORDINANCES\2021\DRAFT\ORDINANCE #2021-02 - AMENDMENT TO MAP 12-1 LAND DEVELOPMENT
52 PLAN MAP - 92 NORTH WEST STREET AND FULTON STREET\ORDINANCE #2021-02 - COMP PLAN
53 AMENDMENT - 92 NORTH WEST STREET - FIRST READING.docx
54
55 SYNOPSIS
56 The proposed ordinance would adopt an amendment to the 2019 Comprehensive Plan for the Land Use
57 Classification of two properties. The properties are 92 N. West Street and an unaddressed parcel on
58 Fulton Street, Dover DE. The amendments (MI-21-01B) are to be reflected as a revision to Map 12-1:
59 Land Development Plan Map of the 2019 Comprehensive Plan.
60
61
62
63 Actions History:
64 January 25, 2021 – Scheduled for First Reading – City Council
65
Page 38
PROPOSED AMENDMENTS TO THE 2019 COMPREHENSIVE PLAN
First Reading before the
Dover City Council
January 25, 2021
MI-21-01 Comprehensive Plan Amendments 2021
Review of a series of Amendments to the 2019 Comprehensive Plan; there are three Requests
identified as Request A, B, and C. These Requests for Amendment of the 2019 Comprehensive
Plan were submitted by the property owners as associated with the City of Dover’s annual
opportunity to request Comprehensive Plan Amendments (see Chapter 15: Implementation Plan).
C. Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway - Consideration of
Amendment to Map 12-1: Land Development Plan Map – Request for two parcels
(Lot 1 and Lot 2) located to the east of the Dover Mall shopping center development
to revise the Land Use Classification from Commercial High Intensity to Mixed Use.
Property Owner: Dover Power Center LLC (Dover Mall LLC c/o Simon Property
Group). Property Address: 1365 N. 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. This amendment is
proposed to facilitate rezoning following further project development and land
planning for housing and commercial activity.
Owner: Dover Power Center, LLC
Address: 1365 N. Dupont Highway Lot 1 and Lot 2
Tax Parcels: ED-02-057.00-01-14.04-000
ED-02-057.00-01-14.05-000
Size: 83.87 +/- acres
Existing Land Use: Vacant
2019 Comprehensive Plan Designation
– Land Use Classification: Commercial High Intensity
Proposed Comprehensive Plan Designation
– Land Use Classification: Mixed Use
File Number: MI-21-01C
Ordinance Number: #2021-03
Page 39
City of Dover Comprehensive Plan Amendment 2021
Department of Planning & Inspections MI-21-01 Amendment C
Current Designation Proposed Designation
St St
at at
e e
Hw Hw
y y
1 1
Site
Site
Commercial High Intensity
Mixed Use
N N
Du Du
p po
on nt
tH H
w w
y y
«
Plan Title: Lands of Dover Mall, LLC Dover Boundary DoverAFB Public and Private Utilities
Location: 1365 North Dupont Highway
Plan Type: Comprehensive Plan Amendment C
Land Use Industrial Residential High Density
Tax Parcel: ED-05-057.00-01-14.04 & ED-05-057.00-01-14.05 Active Agriculture Institutional Residential Low Density
Current Land Use: Commercial High Intensity
Proposed Land Use: Mixed Use Commercial Entertainment Mixed Use Residential Medium Density
Owner: Dover Mall LLC, c/o Simon Property Group Commercial High Intensity Office Train Track
Date: 12/31/2020 0 360 720 1,440 Feet
I I I - - Commercial Low Intensity Open Space Water
Page 40
FIRST READING
CITY OF DOVER ORDINANCE #2021-03
1 AN ORDINANCE AMENDING THE 2019 COMPREHENSIVE PLAN BY AMENDING MAP
2 12-1: LAND DEVELOPMENT PLAN BY CHANGING THE LAND USE CLASSIFICATION OF
3 THE SPECIFIC PROPERTIES LOCATED AT 1365 N. DUPONT HIGHWAY AS LOT 1 AND
4 LOT 2.
5
6 WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies within
7 the City of Dover, Delaware; and
8
9 WHEREAS, the City Council of the City of Dover, on January 13, 2020, following the
10 recommendation of the City of Dover Planning Commission, adopted the 2019 Comprehensive Plan
11 pursuant to Title 22, Section 702 of the Delaware Code; and
12
13 WHEREAS, the Honorable John Carney, Governor of the State of Delaware, certified the 2019
14 Comprehensive Plan to be effective as of January 13, 2020 by letter of March 10, 2020; and
15
16 WHEREAS, the 2019 Comprehensive Plan allows for an annual amendment process; and
17
18 WHEREAS, a property owner has requested amendments to the Land Development Plan Map (Map 12-
19 1) in accordance with the process set forth in the 2019 Comprehensive Plan; and
20
21 WHEREAS, the Planning Office has prepared this amendment to the Land Development Plan Map
22 (Map 12-1) for review as part of the Comprehensive Plan Amendments 2021; and
23
24 WHEREAS, the Planning Commission held a public hearing on February 16, 2021, after which the
25 Planning Commission made a recommendation in regard to this amendment to the Land Development
26 Plan related to the specific properties.
27
28 WHEREAS, it is deemed in the best interest of zoning and planning in the City of Dover to change the
29 Land Use Classification of the properties on the Land Development Plan Map (Map 12-1) as described
30 below.
31
32 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
33 OF DOVER, IN COUNCIL MET AND AMEND THE 2019 COMPREHENSIVE PLAN BY:
34
35 That from and after the passage and approval of this ordinance, that Map 12-1: Land Development Plan
36 Map of the City of Dover has been amended by changing the designated Land Use Classification from
37 Commercial High Intensity to Mixed Use for two parcels (Lot 1 and Lot 2) located to the east of the
38 Dover Mall shopping center development at 1365 N. DuPont Highway.
39 (Property Owner: Dover Power Center LLC (Dover Mall LLC c/o Simon Property Group); Property
40 Address: 1365 North DuPont Highway Lot 1 and Lot 2; Tax Parcels: ED-02-057.00-01-14.04-000 and
41 ED-02-057.00-01-14.05-000; Planning Reference: MI-21-01)
42
43 BE IT FURTHER ORDAINED:
44
45 That upon final action to adopt this ordinance, the amendment as approved changing the Land Use
46 Classification of the properties shall be made to Map 12-1: Land Development Plan of the 2019
47 Comprehensive Plan.
Page 41
Proposed Ordinance #2021-02: Consideration of Amendment to Map 12-1: Land Development Plan,
2019 Comprehensive Plan (MI-21-01C: Lot 1 and Lot 2 of Dover Mall at 1365 N. DuPont Highway)
Page 2
48
49 ADOPTED: *
50 S:\ORDINANCES\2021\DRAFT\ORDINANCE #2021-03 - AMENDMENT TO MAP 12-1 LAND DEVELOPMENT
51 PLAN MAP - 1365 NORTH DUPONT HIGHWAY LOT 1 AND 2\ORDINANCE #2021-03 - COMP PLAN
52 AMENDMENT - 1365 NORTH DUPONT HIGHWAY LOT 1 AND 2 - FIRST READING.docx
53
54 SYNOPSIS
55 The proposed ordinance would adopt an amendment to the 2019 Comprehensive Plan for the Land Use
56 Classification of two properties. The properties are Lot 1 and Lot 2 of 1365 North DuPont Highway,
57 Dover DE. The amendments (MI-21-01C) are to be reflected as a revision to Map 12-1: Land
58 Development Plan Map of the 2019 Comprehensive Plan.
59
60
61
62 Actions History:
63 January 25, 2021 – Scheduled for First Reading – City Council
64
Page 42
PETITION TO AMEND ZONING DISTRICT
First Reading before the Dover City Council
January 25, 2021
Owner: College Towers, LLC
Equitable Owner: Two Farms, LLC
Address: 1205 McKee Road
Location: Northeast corner of McKee Road and College Road
Tax Parcel: ED-05-067.00-02-51.00-000
Size: 3.46. +/- acres
Present Use: Vacant land
Proposed Use: Retail Uses
2019 Comprehensive Plan Designation
– Land Use Classification: Office
Proposed Comprehensive Plan Designation
– Land Use Classification: Commercial Low Intensity
• This is subject to action on Comprehensive Plan Amendment
2021 Request MI-20-01A with Ordinance #2021-01.
Present Zoning: CPO (Commercial and Professional Office Zone)
COZ-1 (Corridor Overlay Zone)
Proposed Zoning: C-2A (Limited Central Commercial Zone)
COZ-1 (Corridor Overlay Zone)
Reason for Request: For future development of a convenience store with gas pumps and
a separate retail building.
File Number: Z-21-01
Ordinance Number: 2021-04
Page 43
City of Dover Application No.: Z-21-01
Department of Planning & Inspections
IO
C CPO
ol le
ge
Pa
IO
rk
Sc Dr
h
roug
arbo
Rd
CPO
ROS
IO
CPO
Site RG-5
d
R
ge
ol le
C
CPO
R-8 M
cK Wes
ee tm
Rd D
C ir C-2A st er
z in
pa
To
r
IO
CPO
RG-2
IO
IPM
R-10
Tile: Lands of College Towers LLC
Ordinance #: 2021-04
Addresses: 1205 McKee Road
Parcel ID: ED-05-067.00-02-51.00-000 Legend
Existing Zoning: CPO Commercial & Professional Office Zone
COZ-1 Corridor Overlay Zone 2012 Buildings
Proposed Zoning: C-2A Limited Central Commercial
COZ-1 Corridor Overlay Zone D Zoning
Owner: College Towers LLC D Dover Parcels
«
Equitable Owner: Two Farms LLC
Subject Property
Date: 01/14/2021
0 150 300 600 Feet
Page 44
FIRST READING
CITY OF DOVER PROPOSED ORDINANCE #2021-04
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 1205 MCKEE ROAD
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 CPO (Commercial and Professional Office Zone) and subject to the COZ-1 (Corridor
9 Overlay Zone) to C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor
10 Overlay Zone).
11 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
12 DOVER, IN COUNCIL MET:
13 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
14 Ordinance of the City of Dover have been amended by changing the zoning designation from CPO
15 (Commercial and Professional Office Zone) and subject to the COZ-1 (Corridor Overlay Zone) to
16 C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone) on that
17 property located at 1205 McKee Road (located at the northeast corner of McKee Road and College
18 Road), consisting of 3.46 acres +/-, owned by College Towers LLC and equitable owner Two
19 Farms, LLC.
20 (Tax Parcel: ED-05-067.00-02-51.00-000; Planning References: MI-21-01A and Z-21-01; Fourth Council District)
21
22 ADOPTED: *
23 S:\ORDINANCES\2021\DRAFT\ORDINANCE #2021-04 - REZONING - 1205 MCKEE ROAD\ORDINANCE #2021-04 - REZONING - 1205 MCKEE ROAD
24 - FIRST READING.wpd
25 Actions History
26 January 25, 2021 - Scheduled for First Reading - City Council
Page 45
PETITION TO AMEND ZONING DISTRICT
First Reading before the Dover City Council
January 25, 2021
Owner: Donny Legans
Address: 92 N. West Street
Unaddressed parcel on Fulton Street (adjacent to railroad)
Location: Adjacent to the east side of the railroad corridor along N. West
Street between Fulton Street and Cecil Street
Tax Parcels: Main parcel: ED-05-076.08-01-16.00-000
Secondary parcel: ED-05-076.08-01-44.00-000
Size: 0.82 +/- total acres
Present Use: Vacant Building (previous Industrial/Manufacturing use)
Proposed Use: Restaurant
2019 Comprehensive Plan Designation
– Land Use Classification: Industrial
Proposed Comprehensive Plan Designation
– Land Use Classification: Mixed Use
Present Zoning: M (Manufacturing Zone)
Proposed Zoning: C-2A (Limited Central Commercial Zone)
Reason for Request: To establish a restaurant (Beer Garden) in existing structure
File Number: Z-21-02
Ordinance Number: 2021-05
Page 46
City of Dover Application No.: Z-21-02
Department of Planning & Inspections
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Tile: Lands of Donny Legans
Ordinance #: 2021-05
Addresses: 92 N West Street
Parcel ID: ED-05-076.08-01-16.00-000 Legend
ED-05-076.08-01-44.00-000
Existing Zoning: M Manufacturing Zone 2012 Buildings
Proposed Zoning: C-2A Limited Central Commercial
Owner: Donny Legans D Zoning
Date: 01/14/2021 D Dover Parcels
0 100 200 400 Feet
« Subject Property
Page 47
FIRST READING
CITY OF DOVER PROPOSED ORDINANCE #2021-05
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 92 NORTH WEST STREET AND A PARCEL ON FULTON 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 M (Manufacturing Zone) to C-2A (Limited Central Commercial zone).
9 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
10 DOVER, IN COUNCIL MET:
11 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
12 Ordinance of the City of Dover have been amended by changing the zoning designation from
13 M (Manufacturing Zone) to C-2A (Limited Central Commercial) on that property located at 92 North
14 West Street and a Parcel on Fulton Street (located adjacent to the east side of the railroad corridor
15 along North West Street between Fulton Street and Cecil Street), consisting of 0.82 acres+/-, owned
16 by Donny Legans.
17 (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
18 Z-21-02; Fourth Council District)
19
20 ADOPTED: *
21 S:\ORDINANCES\2021\DRAFT\ORDINANCE #2021-05 - REZONING - 92 NORTH WEST STREET AND PARCEL ON FULTON ST\ORDINANCE
22 #2021-05 REZONING - 92 NORTH WEST STREET AND FULTON STREET - FIRST READING..wpd
23 Actions History
24 January 25, 2021 - Scheduled for First Reading - City Council