This text was pulled from the PDF automatically and may contain mistakes. The PDF is the official record, so check it before relying on this.
4 pages have little or no readable text here, often scans or drawings. See the PDF for those.
Page 1
REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held by video conference on March 8, 2021 at 7:30 p.m. with
Council President Hare presiding. Council members present via video or telephone were
Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Rocha, Mr. Taylor, and Mr. Lindell.
Staff members present via video or telephone were Police Chief Johnson, Ms. Peddicord,
Mr. Robertson, Mr. Hugg, Mr. Rodriguez, and Mrs. McDowell. Mayor Christiansen was also
present.
INVOCATION
The invocation was given by Councilman Sudler.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council President Hare.
ADOPTION OF AGENDA
Mr. Sudler moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried.
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon by
a single roll call vote of the Council. There will be no separate discussion of these items unless a
member of Council so requests, in which event the matter shall be removed from the Consent
Agenda and considered a separate item.
Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Lindell and carried by
a unanimous roll call vote.
PROCLAMATION - WOMEN’S “HERstory” (HISTORY) MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, this year's theme: "Valiant Women of the Vote: Refusing to Be Silenced" celebrates
the historic achievement in granting women the right to vote and honor those who shaped America's
history and its future through their public service and government leadership. Our history is filled
with examples of the unfailing bravery of women in America who have made vital contributions in
the face of discrimination and hardship; and
WHEREAS, often overlooked and undervalued, collectively women have influenced our public
policy and the building of viable institutions and organizations. They led the way in establishing a
stronger and more democratic country by advocating basic human rights to ensuring access and equal
opportunity for all Americans; and
Page 2
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 2
WHEREAS, Women as public leaders succeeded against great odds and the diversity of their
experiences demonstrates both the challenges and the opportunities women in public service have
faced. During the pandemic, women continue to lead from vaccine researchers, public health
officials, educators, and countless heroines on the front lines.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE do hereby proclaim March 2021 as Women's "HERstory" (History) Month in the
City of Dover and encourage all residents to honor and recognize the vital contributions made by
women.
Dedicated to the women who have served on City Council: Ester Frear, Goldie Legates, Holly
Malone, Beverly Williams and Sophia Russell and our newest member, Tricia Arndt.
ANNEXATION/REZONING OF PROPERTY LOCATED AT 228 MIFFLIN ROAD,
OWNED BY DEBORA G. HANSEN
Mr. David Hugg III, Director of Planning and Community Development, reviewed the Petition to
Annex and Rezone property located at 228 Mifflin Road. The Planning Commission recommended
the annexation of the property with the zoning designation of R-8 (One-Family Residence), as
submitted.
Public Hearing - Zoning Classification
Members considered a request for the rezoning of property proposed for annexation located at
228 Mifflin Road, consisting of 0.6087+/- acres, owned by Debora G. Hansen. This property is
currently zoned RS-1 - Residential Single Family (Kent County Zoning Classification) and the
proposed zoning is R-8 (One Family Residence and subject to SWPOZ (Source Water Protection
Overlay zone)(City of Dover Zoning Classification).
(Tax Parcel: ED-00-076.14-01-08.00-000; Planning Reference: AX-21-01; Council District 1)
A public hearing was duly advertised for this time and place to consider the rezoning of property
located at 228 Mifflin Road, owned by Debora G. Hansen.
Council President Hare declared the public hearing open.
Ms. Debora G. Hansen, 228 Mifflin Road, advised that she requested annexation in order to receive
City services.
There being no one else wishing to speak, Council President Hare declared the public hearing closed.
Adoption of Annexation Resolution No. 2020-15
Members considered Annexation Resolution No. 2020-15 for property located at 228 Mifflin Road,
owned by Debora G. Hansen.
Page 3
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 3
By motion of Mr. Neil, seconded by Mr. Rocha, Council, by a unanimous roll call vote, adopted
Resolution No. 2020-15, as follows:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS
OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the
said City in accordance with Title 22, Chapter 1, Section 101 of the Delaware Code (22 Del.C.§
101); and
WHEREAS, the Mayor and Council deem it to be in the best interest of the City of Dover to include
an area contiguous to the present City limits, and hereinafter more particularly described, within the
limits of the City of Dover; and
WHEREAS, the Charter of the City of Dover provides that if an annexation is petitioned by all
owners of all property considered for annexation, no election shall be required. For an annexation
petition not requiring an election, such petition shall be processed in accordance with procedures
established for amendments to the zoning map, specified in Dover Code, Appendix B - Zoning. All
annexation petitions shall be processed concurrently with the rezoning of the property considered
for annexation and shall be subject to public hearing before City Council. Public notice shall be
completed in accordance with the provisions of the Dover Code relating to amendment of the zoning
map.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY
OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of
Delaware, along with all adjacent paths, sidewalks, roadways, and rights-of-way in their
entirety, shall be annexed to and included within the limits of the City of Dover:
All that certain parcel of land situated in the subdivision known as Atlantic Land C.
Development, East Dover Hundred, Kent County, State of Delaware, being a major portion
of Lot #14 as shown on a plan recorded in Plot Book #3, Page 157, being more recently
shown on a plan of Elliot Surveying Dated 06/04/1988, said plan being an integral part
hereof, said lot lying on the westerly side of Mifflin Road 60 ft. wide and being bounded as
follows: On the North by Lands now or late of Ralph C., Sr. and Dorothy S. Jones on the
East by Mifflin Road, on the South by Lands now or late of Jeff Daniels, Jr., and Audrey O.
Daniels, and on the West by Lands now or late of Eugene B. Gagen; being more particularly
described as follows:
Beginning at a point on the westerly side o Mifflin Road a corner for the lot and Lands of the
said Daniels said point being a found iron pipe located on the following two courses and
distances, as per the above noted Record Plan, from the intersection of the "Old" North Line
of County Road #73 with the westerly line of Mifflin Road, said courses as measured along
Page 4
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 4
the said side of Mifflin Road: (1) North 9 degrees 30 minutes West 358.1 feet, thence, (2)
By the arc of a circle curving to the left R=1116.3 feet a distance of 441.9 feet to a point, the
point of beginning; thence from the said point of beginning the following six courses and
distances: (1) South 65 degrees 35 minutes west 300 feet measured along line of the said
Daniels Land to a point a found iron pipe in line of lands of the said Gagen, thence with the
same, (2) North 24 degrees 25 minutes West 88.10 feet to a point a found iron pipe a corner
for land of the said Jones, thence with the same, (3) North 65 degrees 35 minutes East 187.15
feet to a point, thence, (4) North 58 degrees 45 minutes East 100 feet to a point a found iron
pipe on the westerly side of Mifflin Road, thence with the same, (5) South 32 degrees 16
minutes 30 seconds East 98.90 feet to a point, thence with the same, (6) By the arc of a circle
curving to the right R=1116.3 feet a distance of 1.90 feet to a point beginning. Containing
within said metes and bounds 0.6087 acres of land more or less, and being #228 Mifflin
Road.
2. That the above described property shall be annexed into the City of Dover with a zoning
classification as set by City Council and in accordance with the zoning map and environs
then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of this resolution of annexation, together with a plot of the area
annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 9th day of March, 2021 at 12:01 a.m.
ADOPTED: MARCH 8, 2021
Final Reading/Adoption of Rezoning Ordinance #2020-17
Members considered Ordinance #2020-17, rezoning property located at 228 Mifflin Road, owned
by Debora G. Hansen.
Mr. Neil moved that the Final Reading of Ordinance #2020-17 be acknowledged by title only,
seconded by Mr. Rocha and unanimously carried. (The First Reading of the ordinance was
accomplished during the Council Meeting of December 14, 2020.)
Mr. Neil moved for approval of the rezoning, as recommended by the Planning Commission.
The motion was seconded by Mr. Taylor and, by a unanimous roll call vote, Council adopted
Ordinance #2020-17, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY
LOCATED AT 228 MIFFLIN ROAD
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within
the limits of the City of Dover; and
Page 5
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 5
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of
property described below from RS-1 - Residential Single Family Zone (Kent County zoning
classification) to R-8 - One Family Residence Zone and subject to SWPOZ - Source Water
Protection Overlay Zone (City of Dover zoning classification).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
Ordinance of the City of Dover have been amended by changing the zoning designation from
RS-1 - Residential Single Family Zone (Kent County zoning classification) to R-8 - One
Family Residence Zone and subject to SWPOZ - Source Water Protection Overlay Zone
(City of Dover zoning classification) on that property located at 228 Mifflin Road, consisting
of 0.6087 +/- acres, owned by Debora G. Hansen.
(Tax Parcel: ED-00-076.14-01-08.00-000; Planning Reference: AX-21-01; Council
District: 1)
ADOPTED: MARCH 8, 2021
PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2021-01 -
AMENDING THE 2019 COMPREHENSIVE PLAN BY REPLACING MAP 12:1: LAND
DEVELOPMENT PLAN MAP
A public hearing was duly advertised for this time and place to consider Proposed
Ordinance #2021-01 which would amend the 2019 Comprehensive Plan by amending Map 12:1:
Land Development Plan Map by changing the designated Land Use Classification of 1205 McKee
Road from Office to Commercial Low Intensity. (Property Owner: College Towers LLC and
equitable owner Two Farms, LLC; Property Address: 1205 McKee Road; Tax Parcel:
ED-05-067.00-02-51.00-000; Planning references: MI-21-01A and Z-21-01; Rezoning Ordinance
#2021-04).
Mr. Lindell moved that the Final Reading of Proposed Ordinance #2021-01 be acknowledged
by title only, seconded by Mr. Rocha and unanimously carried. (The First Reading of the
ordinance was accomplished during the Council Meeting of January 25, 2021.)
Planner's Review
Mr. David Hugg, Director of Planning and Community Development, reviewed the Proposed
Amendment to Map 12:1: Land Development Plan Map of the 2019 Comprehensive Plan. He noted
that the Planning Commission recommended approval of the map amendment.
Mr. Hugg advised members that a valid petition had been filed as a part of this process; therefore,
action by City Council will require a 3/4ths affirmative vote for approval.
Page 6
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 6
Public Hearing
Council President Hare declared the public hearing open.
Mr. Jonathan Street of the Becker Morgan Group, 309 South Governors Avenue, was present
representing the landowner. He advised that the property, which has a commercial low-intensity land
use designation, has sat vacant for some time. Mr. Street described the surrounding area to the South
and East as some commercial, some institutional, and some office land uses. He noted that it would
not set a precedent by changing this land use to a commercial low-intensity use.
Mr. Street noted that his client had a plan and a developer who was willing to develop this piece of
property. He requested that the land use be changed to commercial low-intensity in order to facilitate
that development.
Responding to Mr. Sudler, Mr. Constantine Malmberg, representing the future developer, advised
that the proposed use of the property was a Royal Farms. He noted that the corner had been vacant
for the better part of two decades. Mr. Malmberg stated that the current land use designation is
Office; however, it is a commercial corner by any understanding of the way land develops.
Mr. Malmberg stated that the advent of the POW/MIA highway feeding into Camden has made this
area a significant commercial corridor and leaving it vacant was not a pro-economic development
kind of use for the property.
Mr. Malmberg advised that the state planning office had no objection to the proposed change in the
Comprehensive Plan and noted that all infrastructure necessary for this use was in place. The
Development Advisory Committee (DAC) had no objections and similarly noted that all
infrastructure necessary for commercial development was in place. The planning staff supported the
proposed amendment, as well as the rezoning. Mr. Malmberg reiterated that the Planning
Commission unanimously supported the proposal.
Referring to the petition that was received, Mr. Malmberg stated that Mr. Patel, who has the liquor
store and closed grocery store on the opposite corner, objected to the amendment and got several of
his neighbors to sign his petition although his property has the same zoning that they were
requesting at the same intersection. He suggested that competition across the street was not a reason
to grant or deny a Comprehensive Plan amendment or a rezoning request.
Mr. Malmberg advised that the concern with increased traffic that was raised by Westminster and
Mr. Patel in his petition was not a real concern, noting that it has become much more busy since the
POW/MIA Parkway was completed, but that traffic is not going to be exacerbated by this use. He
stated that he was sure that by the time they got through the site plan requirements they will probably
aid in the traffic flow through that intersection. Mr. Malmberg advised that the proposed use of this
property would serve the existing traffic more than drive new traffic, as the existing use would.
Page 7
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 7
Mr. Malmberg advised that the Post Acute Medical Center, which is a new facility across the street,
did not really object; they raised some concerns with potential crime in the area. He noted that Royal
Farms had spent a lot of money on high-tech, anti-crime security systems. Mr. Malmberg suggested
that it is better to have an active, open use of that property rather than a vacant three and a half acre
lot in the area.
Mr. Taylor asked what the timeline was for the project. Responding, Mr. Malmberg stated the site
plan approval process in the proposed zoning of C-2A (Limited Central Commercial Zone) and
subject to the COZ-1 (Corridor Overlay Zone) would take at least a year and then the construction
would take another year.
Mr. Taylor noted that concerns were expressed about there being no sidewalks on College Road and
that the area might not be able to handle more traffic. He advised that it is on a future DelDOT
priority list for improvements. Mr. Taylor stated that there would be increased foot traffic and
increased vehicle traffic with people coming in to buy fuel. With reference to the potential traffic
impact, Mr. Malmberg stated that this project had been approved for 40,000 square feet broken down
into four 10,000 square foot office buildings, which would have been medical offices. The relative
uses of those properties are significantly different when it comes to attracting traffic to the area. He
noted that the Royal Farms would serve the existing transient traffic instead of generating new traffic
for medical offices.
Responding to Mr. Lindell, Mr. Malmberg stated that they would most likely have to contribute to
the infrastructure. He referred the question to Mrs. Dawn Melson-Williams, Principal Planner, to
respond as he was unsure of what infrastructure might be necessary in the Corridor Overlay zone.
Mr. Sudler asked if the school behind the proposed project or the Capital School District had
provided input or feedback. Mr. Malmberg replied that they had not heard from either and noted that
there is a big ditch, a fence, and all sorts of other things that impede access through that area;
therefore, the only impact on the school would be traffic. Mr. Hugg advised that the Planning Staff
had not received comments from either the school or the district and that both would have received
notice of the project since they are within 200 feet of the property.
Responding to Mr. Sudler, Mr. Taylor advised that North Dover Elementary serves grades from
pre-K to grade four and the maximum age of the children would be between eight and nine years old.
Mr. Sudler suggested that Staff maybe go the extra mile and reach out if they have a large
population that is being affected.
Mr. Lindell noted that Capital School District would have another opportunity to comment during
the site plan review of the Royal Farms during the Planning Commission meeting. Mr. Hugg advised
that there would be a considerable amount of design and consultation and plan review before they
actually are able to build.
Page 8
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 8
Responding to Mr. Sudler regarding existing foot traffic in the area, Mr. Hare noted that when the
Royal Farms was built on Hazlettville Road by the POW MIA highway they were required to install
sidewalks leading to the other neighborhoods so it could be a benefit for the area.
There being no one else present wishing to speak, Council President Hare declared the public hearing
closed.
Mr. Neil moved for approval of the amendment to Map 12:1: Land Development Plan Map
of the 2019 Comprehensive Plan. The motion was seconded by Mr. Anderson and, by a
unanimous roll call vote, Council adopted Ordinance #2021-01, as follows:
AN ORDINANCE AMENDING THE 2019 COMPREHENSIVE PLAN BY AMENDING
MAP 12-1: LAND DEVELOPMENT PLAN BY CHANGING THE LAND USE
CLASSIFICATION OF THE SPECIFIC PROPERTY LOCATED AT 1205 MCKEE ROAD
WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies
within the City of Dover, Delaware; and
WHEREAS, the City Council of the City of Dover, on January 13, 2020, following the
recommendation of the City of Dover Planning Commission, adopted the 2019 Comprehensive Plan
pursuant to Title 22, Section 702 of the Delaware Code; and
WHEREAS, the Honorable John Carney, Governor of the State of Delaware, certified the 2019
Comprehensive Plan to be effective as of January 13, 2020 by letter of March 10, 2020; and
WHEREAS, the 2019 Comprehensive Plan allows for an annual amendment process; and
WHEREAS, a property owner has requested an amendment to the Land Development Plan Map
(Map 12-1) in accordance with the process set forth in the 2019 Comprehensive Plan; and
WHEREAS, the Planning Office has prepared this amendment to the Land Development Plan Map
(Map 12-1) for review as part of the Comprehensive Plan Amendments 2021; and
WHEREAS, the Planning Commission held a public hearing on February 16, 2021, after which the
Planning Commission made a recommendation in regard to this amendment to the Land
Development Plan related to the specific property.
WHEREAS, it is deemed in the best interest of zoning and planning in the City of Dover to change
the Land Use Classification of the property on the Land Development Plan Map (Map 12-1) as
described below.
Page 9
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 9
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF DOVER, IN COUNCIL MET:
1) That from and after the passage and approval of this ordinance, that Map 12-1: Land
Development Plan Map of the City of Dover has been amended by changing the designated
Land Use Classification from Office to Commercial Low Intensity for a parcel located at the
northeast corner of McKee Road and College Road, known as 1205 McKee Road.
(Property Owner: College Towers LLC and equitable owner Two Farms, LLC; Property Address: 1205 McKee
Road; Tax Parcel: ED-05-067.00-02-51.00-000; Planning References: MI-21-01A and Z-21-01).
BE IT FURTHER ORDAINED:
That upon final action to adopt this ordinance, the amendment as approved changing the Land Use
Classification of the property shall be made to Map 12-1: Land Development Plan of the 2019
Comprehensive Plan.
ADOPTED: MARCH 8, 2021
PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2021-02
AMENDING THE 2019 COMPREHENSIVE PLAN, AS AMENDED, BY REPLACING MAP
12:1: LAND DEVELOPMENT PLAN MAP
A public hearing was duly advertised for this time and place to consider Proposed
Ordinance #2021-02 which would amend the 2019 Comprehensive Plan by amending Map 12:1:
Land Development Plan Map by changing the designated Land Use Classification of 92 North West
Street and an adjacent unaddressed parcel on Fulton Street from Industrial to Mixed Use.
(Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.); Property Addresses: 92 North West Street
and unaddressed parcel on Fulton Street; Tax Parcels: ED-05-076.08-01-16.00-000 and ED-05-076.08-01-44.00-000;
Planning references: MI-21-01B and Z-21-02; Rezoning Ordinance #2021-05).
Mr. Neil moved that the Final Reading of Proposed Ordinance #2021-02 be acknowledged by
title only, seconded by Mr. Rocha and unanimously carried. (The First Reading of the ordinance
was accomplished during the Council Meeting of January 25, 2021.)
Planner's Review
Mr. David Hugg, Director of Planning and Community Development, reviewed the Proposed
Amendment to Map 12:1: Land Development Plan Map of the 2019 Comprehensive Plan. He noted
that the Planning Commission recommended approval of the map amendment.
Public Hearing
Council President Hare declared the public hearing open.
Mr. Jonathan Street of the Becker Morgan Group, 309 South Governors Avenue, was present
representing the landowner, Mr. Donny Legans. He stated that the request for a Mixed-Use land
designation was appropriate for the area, noting that the property was two industrial parcels located
along the rail line and within the Downtown Development District consisting of less than an acre.
Page 10
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 10
Responding to Mr. Rocha, Mr. Street advised that the proposed project is for an open-air type beer
garden/ restaurant which would contain parking and other site improvements necessary to sustain
the business. He noted that the Mixed-Use land designation would allow for the zoning being sought.
Ms. Theo Braunskill, 91 North West Street, stated that she lives across the street from the property
at the corner of West Street and Fulton Street. She advised that her family had been in the
neighborhood for over a hundred years and that they basically own the entire 500 block of Fulton
Street. Ms. Braunskill advised that they were in support of the new facility, noting that they have had
their share of slum lords, drugs, and the eyesore of the recycle facility and it was time for them to
get something new and different. She also noted that they have experienced some new housing in
their community that has increased their property values and they were looking forward to something
that would be a positive influence on the community.
Ms. Linda Parkowski, Executive Director of the Kent Economic Partnership, advised that she
initially had very strong feelings against rezoning industrial lands along the rail line for different
uses. She noted that, after listening to the testimony at the Planning Commission, she realized that
Dover really did need something like this to jumpstart Downtown Dover. Ms. Parkowski also stated
that since the parcel is very small along that rail line, it probably would not be used for another
industrial use.
Mr. Chazz Salkin advised that he was a neighbor several blocks to the east of the subject property
and that he and his neighbors were very excited about the prospect of some type of a food service
facility and a general improvement to their neighborhood. He stated that he supported the application
and that he was not aware of anyone in his immediate area who did not.
Mr. Todd Stonesifer stated that he was in support of this new endeavor and the zoning change that
was required to do it.
Mr. Cameron Llewellyn stated that he was in support of the project because the area is the gateway
into Downtown Dover and he felt that a vibrant, active venue there would tell people that they had
arrived in Downtown Dover and that is where the fun starts.
Mr. Sudler asked if Solid Rock Baptist Church had commented on the proposal. Responding,
Mr. Rocha advised that he had spoken with Pastor Grimes and he was also in favor of it. Pastor
Grimes advised Mr. Rocha that he had spoken with the IMA to see if they had any disagreements
with it and they did not.
There being no one else present wishing to speak, Council President Hare declared the public hearing
closed.
Mr. Rocha moved for approval of the amendment to Map 12:1: Land Development Plan Map
of the 2019 Comprehensive Plan. The motion was seconded by Mr. Sudler and, by a
unanimous roll call vote, Council adopted Ordinance #2021-02, as follows:
Page 11
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 11
AN ORDINANCE AMENDING THE 2019 COMPREHENSIVE PLAN BY AMENDING
MAP 12-1: LAND DEVELOPMENT PLAN BY CHANGING THE LAND USE
CLASSIFICATION OF THE SPECIFIC PROPERTIES LOCATED AT 92 NORTH WEST
STREET AND AN ADJACENT UNADDRESSED PARCEL ON FULTON STREET
WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies
within the City of Dover, Delaware; and
WHEREAS, the City Council of the City of Dover, on January 13, 2020, following the
recommendation of the City of Dover Planning Commission, adopted the 2019 Comprehensive Plan
pursuant to Title 22, Section 702 of the Delaware Code; and
WHEREAS, the Honorable John Carney, Governor of the State of Delaware, certified the 2019
Comprehensive Plan to be effective as of January 13, 2020 by letter of March 10, 2020; and
WHEREAS, the 2019 Comprehensive Plan allows for an annual amendment process; and
WHEREAS, a property owner has requested amendments to the Land Development Plan Map (Map
12-1) in accordance with the process set forth in the 2019 Comprehensive Plan; and
WHEREAS, the Planning Office has prepared this amendment to the Land Development Plan Map
(Map 12-1) for review as part of the Comprehensive Plan Amendments 2021; and
WHEREAS, the Planning Commission held a public hearing on February 16, 2021, after which the
Planning Commission made a recommendation in regard to this amendment to the Land
Development Plan related to the specific properties.
WHEREAS, it is deemed in the best interest of zoning and planning in the City of Dover to change
the Land Use Classification of the properties on the Land Development Plan Map (Map 12-1) as
described below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF DOVER, IN COUNCIL MET:
1) That from and after the passage and approval of this ordinance, that Map 12-1: Land
Development Plan Map of the City of Dover has been amended by changing the designated
Land Use Classification from Industrial to Mixed Use for two parcels located adjacent to the
east side of the railroad corridor along North West Street between Fulton Street and Cecil
Street, known as 92 North West Street and an adjacent unaddressed parcel on Fulton Street.
(Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.); Property Addresses: 92 North
West Street and an adjacent unaddressed parcel on Fulton Street; Tax Parcels: ED-05-076.08-01-16.00-000 and
ED-05-076.08-01-44.00-000; Planning References: MI-21-01 and Z-21-02)
Page 12
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 12
BE IT FURTHER ORDAINED:
That upon final action to adopt this ordinance, the amendment as approved changing the Land Use
Classification of the properties shall be made to Map 12-1: Land Development Plan of the 2019
Comprehensive Plan.
ADOPTED: MARCH 8, 2021
PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2021-03
AMENDING THE 2019 COMPREHENSIVE PLAN, AS AMENDED, BY REPLACING MAP
12:1: LAND DEVELOPMENT PLAN MAP
A public hearing was duly advertised for this time and place to consider Proposed
Ordinance #2021-03 which would amend the 2019 Comprehensive Plan by amending Map 12:1:
Land Development Plan Map by changing the designated Land Use Classification of 1365 North
DuPont Highway Lot 1 and Lot 2 from Commercial High Intensity to Mixed Use.
(Property Owner: Dover Power Center LLC (Dover Mall LLC c/o Simon Property Group); Property Address: 1365
North DuPont Highway Lot 1 and Lot 2; Tax Parcels: ED-02-057.00-01-14.04-000 and ED-02-057.00-01-14.05-000;
Planning reference: MI-21-01C).
Mr. Neil moved that the Final Reading of Proposed Ordinance #2021-03 be acknowledged by
title only, seconded by Mr. Lindell and unanimously carried. (The First Reading of the
ordinance was accomplished during the Council Meeting of January 25, 2021.)
Planner's Review
Mr. David Hugg, Director of Planning and Community Development, reviewed the Proposed
Amendment to Map 12:1: Land Development Plan Map of the 2019 Comprehensive Plan. He noted
that the Planning Commission recommended denial of the map amendment.
Public Hearing
Council President Hare declared the public hearing open.
Responding to Mr. Sudler, Mr. Hugg advised that the main opposition to the request was from
neighboring Dover International Speedway. They were concerned that a change to a Mixed Use
category would allow some housing development. Mr. Hugg stated that there is a long history of
concern with residential development in the immediate neighborhood that was disturbed by the
activities at the Speedway and Firefly. He noted that they were primarily concerned about the
potential for introducing land uses in the area that might result in people being bothered by noise and
traffic.
Mr. Sudler asked what concerns Staff had. Mr. Hugg advised that Staff recommended to the
Planning Commission that the request be approved because in our view, working with the mall and
looking at commercial development across the country, traditional malls are rapidly being
redeveloped into town centers, lifestyle centers, and areas where there are activities other than
shopping. Mr. Hugg stated that they felt that the original proposal that resulted in this being
Page 13
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 13
designated for high-intensity commercial was probably not a contemporary concept, and the change
would give the mall owners and the property owners involved much greater flexibility. Mr. Hugg
advised that the Planning Commission felt that there were considerable issues involved in the
objections of Dover International Speedway.
Mr. Sudler relayed concern with the noise and potential complaints from the nearby housing
developments. Mr. Hugg noted the adverse impact of the races and the Firefly Festival on the
neighborhoods surrounding them. He advised that the original concerns involved residential
properties that were immediately adjacent to Dover International Speedway that the Speedway has
acquired over the years to minimize that adverse impact.
Mr. Neil expressed concern with the wetlands in the area and the problems that the noise causes for
people who would be moving in, including Wild Meadows, Persimmon Tree Apartments, and the
Persimmon Tree development. Mr. Hugg advised that there are a number of wetlands on the property
and, under city ordinance, they would not be allowed to be developed. He noted that the wetlands
issue would be resolved during the plan development process. Mr. Gregory Moore of the Becker
Morgan Group advised that they had done wetland delineations for each of the two parcels and there
is a considerable amount of upland in these areas for development. He noted that number of the acres
are currently used for parking facilities for Dover International Speedway, but as the Speedway has
experienced less demand, they have had less use in the back of the mall for those purposes.
Mr. Taylor asked for a description of the possible buffer.
Mr. Taylor advised that he had major concerns with the proposal. He noted that, from a business
perspective, Dover Downs brings a lot of jobs to the area and they have spent a lot of money in an
effort to eliminate some of the problems that the homeowners have experienced. Mr. Taylor stated
that additional houses in that area would affect their business model.
Mr. Moore advised that the retail marketplace has changed drastically in the last 10 years and, more
specifically, in the last few years due to the Internet and companies like Amazon that are hurting
malls nationwide.
Mr. Moore, noting that they were requesting a Mixed Use land designation, advised that under the
current zoning and land use, it is only retail and strong retail and the mixed use would allow medical,
office, residential, and other opportunities. Mr. Moore provided a PowerPoint presentation depicting
the proposal (Exhibit #1).
Mr. Moore stated that the site consists of 83 acres located behind the mall and Dover mall needs as
much traffic as possible. He referenced Planning Staff’s recommendation that "staff supports the
change to the land use classification of mixed use for lots one and two for the Dover mall" noting
that traditional shopping centers and malls are needing to evolve to create town centers and lifestyle
centers, where a mix of shopping, office, and residential users can all be found. Mr. Moore noted that
they believe that is the key to keeping the mall vibrant.
Page 14
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 14
Mr. Moore advised that the number of jobs and the impact that the Dover mall has on the community
should not be underestimated. He stated that, over the last five years, they have proposed major
shopping facilities for the back two acres and have been unable to get any tenants to locate there.
Mr. Moore also advised that the owners have spent over $2 million trying to locate retail tenants for
the property.
Mr. Moore stated that they were willing to plant a buffer with a fence as a physical separation
between the Dover International Speedway and the mixed use facility that would be behind the mall.
He noted that they met with Dover International Speedway and offered the buffer to them directly.
Referencing the City’s Airport Environs Overlay Zone ordinance related to the fly zones, Mr. Moore
stated that they were proposing noise reduction design in the facilities that are built in the back of
the mall so that the occupants of those facilities would not hear the track or traffic on Route 1.
Responding to Mr. Taylor, Mr. Moore advised that they had worked on a proposed interchange off
of Route 1; however, it is very difficult to gain approval and they were no longer proposing the
interchange.
Mr. Steve Shea with Simon Property Group, representing the Dover mall, stated that he supported
the proposal. He advised that the retail landscape has changed and the mall, which was built 40 years
ago, has almost 900,000 square feet and four department stores. Mr. Shea noted that the trends of
the industry have changed and there are far fewer department stores now than there were 10 years
ago through consolidation. The shopping experience now begins almost always with some electronic
component and the logistics have caused those retailers that they lease to, to require far less space.
Mr. Shea stated that, as a company, they have a hundred malls across the United States and they have
been diversifying their uses into a broad mix, not just to diversify the economics behind the business,
but because they have found the mix of uses make each other stronger. He noted that adding a hotel
to a mall is good for the hotel and for the mall. Adding the restaurants and residential is also good
for both. Mr. Shea stated that they considered adding residential 10 or 15 years ago and people said
"Who would want to live at a mall?". He advised that a lot of people do want to live at the mall
because it is convenient, it is a place for the people who work at the mall to live, and it is a place for
the people who otherwise just live there to shop and to dine. It is fewer cars on the road and it makes
for a more vibrant experience for all of those uses. Mr. Shea stated that they have six locations in
their portfolio where they have added residential onsite and, while that is not the proposal here, it
is for these mix of uses to be built adjacent.
Mr. Shea stated that the mall is heavily dependent on and built around a retail core and 80 acres of
grass is not a great neighbor to continue with the retail viability. He stated that they would like some
economic development and to have some complimentary uses.
Mr. James Tancredi of DSM Commercial, 3 Pintail Court, Middletown, Delaware, stated that he has
been in charge of marketing the property for approximately five years and the intent was to develop
a 500,000 or 600,000 square foot power center on the property. Initially there was significant interest
from retailers across the country but as time wore on there were changes in the market that inevitably
Page 15
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 15
created some pitfalls for the retail market. First was Amazon and other online shopping platforms
that stole quite a bit of business from these retailers that would end up in the proposed shopping
center and then, in the last 12 months or so, the virus obviously has caused issues from an in-person
shopping perspective. Mr. Tancredi stated that they have had no success in securing any big box
tenants for a proposed power center behind the mall.
Mr. Denis McGlynn, president and CEO of Dover Motor Sports Inc., the parent company of Dover
International Speedway, 1131 North DuPont Highway, stated that Dover International Speedway
adjoins this parcel of land and they consider the mall a good neighbor. He noted that they consider
Mr. Moore a good friend and a business associate. Mr. McGlynn stated that they have a disagreement
on the use of that parcel bringing more enemies for the speedway.
Mr. McGlynn noted that Route 13 is clearly a commercial corridor and Dover's Comprehensive Plan
has reserved this corridor accordingly with ample provisions for residential development to occur
elsewhere. Noting that their business is motor sports and the fifth largest music festival in the
country, he advised that they are two uses that are not compatible with residential neighbors.
Mr. McGlynn stated that they have been operating at that location for 50 years and their first 25 or 30
years were largely years of conflict with more than two dozen neighbors who lived in close
proximity to the track. He advised that it took decades and millions of dollars to buy out those
property owners so that they could live in relative harmony with the community. Mr. McGlynn felt
that adding 700 residential units right next to them would create new opponents and, ultimately, they
are going to have to deal with them at the speedway and at the City. Mr. McGlynn requested
members of Council to support the Planning Commission's recommendation to deny the request.
Referring to the proposed buffer, Mr. McGlynn stated that at the north end of the speedway there is
a 30 foot, or three story tall, grandstand and no amount of trees or walls will block the noise. He
noted that history is full of stories about speedways all around the country that have been shut down
by nearby residential development and they do not want Dover International Speedway to be one of
those in that history.
Mr. McGlynn, noting that Mr. Moore is the chairman of the Kent Economic Partnership and he is
the vice chairman, stated that nobody wants economic development more than the two of them. He
advised that the Greater Kent Committee engaged the Rockport Analytics Group a couple of years
ago to study conditions in Kent County and recommend industry sectors that should be pursued from
an economic development standpoint, based on what Kent County has to offer. Their analysis
revealed, among other things, that Kent County businesses are experiencing a shortage of trucking,
warehouse and logistics options, and their recommendation was for them to pursue those
opportunities. Mr. McGlynn stated that many malls around the country are converting their
operations to warehousing and distribution centers, which would be a perfect commercial use to be
a neighbor to Dover International Speedway along route 13, a major high density commercial
corridor.
Mr. Leonard Iacono, 1702 North Park Drive, unit 44, Wilmington, Delaware, stated that he was a
rather large property owner in Dover and he recently developed Capital Station. He stated that he
Page 16
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 16
could attest to the fact that the retail sector, regardless of where it is located, on 13 or otherwise, in
Dover is saturated. Mr. Iacono noted that Capital Station is approximately 65,000 square feet and
is about 30% unleased although he has been actively looking for tenants for the past two years.
Mr. John Viglianti, 15006 Carrolton Road, Rockville, Maryland, stated that he was in favor of the
Comprehensive Plan amendment because without the change, the property will continue to sit
vacant. He noted that mixed use allows for future development and the ability to make the land
valuable and prosperous for the City. Mr. Viglianti stated that if the City wants this land to become
viable and paying taxes and become a working parcel that will help the City and the mall, it needs
to at least be changed in the Comprehensive Plan so that process can be undertaken.
Mr. Neil read the following statement into the record:
“Statement on Ordinance 2021-3 by Fred Neil, 3rd District
The Planning Commission turned down 2021-3 and I will also vote No in spite of the
recommendations of our own Planning Staff and excellent work done by the much admired
Becker-Morgan staff.
There were very perceptive exchanges in the Planning Commission meeting between Mrs. Lord and
Mr. Hartman that involved the human elements that do not show up in the intent of the Land
Development Plan Map Amendments to the 2019 Comprehensive Plan. I live what they discussed.
As long as this proposal contains Housing, I will vote NO on these zoning changes to these 2 parcels.
Commercial, health, warehouse, offices, or manufacturing, by all means.
My home is in Wild Meadows, a 55 plus leased land community across from the Firefly Festival
grounds. My wife and I were promised a Country Club living style in retirement. Of course, I haven't
really retired. I do live on an island surrounded with drainage ditches, which fill with water when
it rains.
As a necessity, there are drains throughout the community. Thanks to a poorly written State law, this
so called safety net, has proven very costly to the tenant home owners who pay for the recurrent
repairs on land we do not own, caused by ground water in this non-wetlands community.
When we bought and waited for our customized home to be built, we were aware of NASCAR. We
took photos of the Wall to Wall RVs which we sent to family. Then, we experienced the noise,
crowds, traffic, and detours as well as loud traffic from Route 1, & the Dover Air Force Base Fly
Overs. Next up came the Firefly Music Festival, which does not cater to the Glenn Miller crowd .
As President of my HOA for 11 years, the complaints outlined in the letter by Mr McGlynn came
to me.
What I heard was, ‘Why do we have to have these events!’
Page 17
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 17
As an elected official, I recognize the economic pistons that NASCAR and Firefily are. We could
not buy the national spotlight on Dover that NASCAR brings in Sports, or Firefly, in the
Entertainment Circles. Dover Motor Sports & the producer of Firefly have been good neighbors....
and bring a significant flow of money to Dover and Delaware. But, both events bring noise and a
disruption to our lives.
As an aside I mention a cottage industry, known as Afterfly, just east of the Dover border, that until
Covid temporarily shut it down, has grown to 3 weekend sleep-over events a year, of 24/7 Lights,
loud music and traffic problems. The loud music does not respect the City border and penetrates the
homes in my community and is cruel and unusual punishment for the neighbors.
Kent County doesn't recognize it as a nuisance business, that it is, in spite of efforts by
Commissioner Angel to curb it more effectively.
Our customized homes cost between $120,000 to more than $200,000 in 2003 to 2005 when new.
The official Dover City assessments, show values of these homes have dropped 55% to 65% as of
2020. This is the ‘unintended consequence’ if these proposed residences are domiciles to be bought.
The first residents of the housing, apartments or homes bought, may or may not be aware of the noise
and the disruption to their lives. The second wave may not realize what they are getting into until
they are legally hooked. Will they beat the drums to shut down NASCAR & Firefly?
I will not sandbag future residents, but I will be happy to view a new plan without housing."
Mr. Herb Miller, chairman of Western Development, advised that he had built over 20 million square
feet of shopping centers and is part owner of Dover Mall. Responding to Mr. Miller, Council
President Hare advised that Dover International Speedway holds one race per year. Mr. Miller noted
that they have offered a 200-foot planted buffer from this site and he felt that, with one event a year,
there would not be complaints from their users.
Mr. Neil invited Mr. Miller to stay at his house during NASCAR and Firefly and then tell him that
the noise does not affect you. He said that the noise and traffic associated with both events are
throughout Dover.
Mr. Taylor stated that he was a Dover police officer for 20 years, from 1990 to 2010, and confirmed
that Councilman Neil's assessment of the noise and traffic was 100% accurate. He also noted that
Mr. McGlynn’s description of the early years was extremely accurate. Mr. Taylor advised that there
were numerous calls at all hours of night about the noise, the pedestrian traffic, the music, and the
dust. He stated that there are a myriad of problems that come along when you bring residents in the
close proximity of aa international speedway. Mr. Taylor also noted that, although there is now only
one race, Firefly is for a whole weekend, almost a whole week, with a lot of pedestrian traffic, and
adding housing will be asking for a ton of problems.
Page 18
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 18
Mr. Anderson advised that the current request was for a change in the land use designation and the
rezoning would be at a later date. He noted that Dover Downs or others could file a petition in
opposition to the rezoning. Mr. Hugg relayed that a rezoning application would go through the
Development Advisory Committee (DAC) and the Planning Commission for a public hearing. He
noted that if a sufficient number of property owners within the limited distance provided in state law
were to file a petition in opposition, then Council would have to meet the three quarters vote
requirement.
There being no one else present wishing to speak, Council President Hare declared the public hearing
closed.
Mr. Anderson moved for approval of the amendment to Map 12:1: Land Development Plan Map of
the 2019 Comprehensive Plan. The motion was seconded by Mr. Slavin and failed by a unanimous
roll call vote.
PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2021-04 -
REZONING REQUEST FOR PROPERTY LOCATED AT 1205 MCKEE ROAD
A public hearing was duly advertised for this time and place to consider the rezoning of property
located at 1205 McKee Road, consisting of 3.46 +/- acres, owned by College Towers LLC (equitable
owner is Two Farms, LLC). The property is currently zoned CPO (Commercial and Professional
Office) and subject to the COZ-1 (Corridor Overlay Zone) and the proposed zoning is C-2A (Limited
Central Commercial) and subject to the COZ-1 (Corridor Overlay Zone). This rezoning is associated
with a Comprehensive Plan Amendment Request MI-21-01A for Consideration of Amendment to
Map 12-1: Land Development Plan Map.
(Property Owner: College Towers LLC and equitable owner Two Farms, LLC; Property Address: 1205 McKee Road;
Tax Parcel: ED-05-067.00-02-51.00-000; Planning references: MI-21-01A and Z-21-01; Council District 4)
Council President Hare reminded members of the public that copies of the proposed ordinance were
available at the entrance of the Council Chambers or on the City’s website at www.cityofdover.com
under “Government.”
Mr. Neil moved that the Final Reading of Proposed Ordinance #2021-04 be acknowledged by
title only, seconded by Mr. Taylor and unanimously carried. (The First Reading of the ordinance
was accomplished during the Council Meeting of January 25, 2021.)
Planner's Review
Mr. Dave Hugg, Director of Planning and Community Development, reviewed the petition to amend
the zoning district and the findings and recommendations of the Planning Commission. He noted that
the rezoning was associated with Comprehensive Plan amendment request M-21-01A. He also noted
that valid petition had been received; therefore, a three fourths vote would be required for approval.
Mr. Hugg advised that the Planning Commission recommended approval of the rezoning request.
Page 19
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 19
Public Hearing
Council President Hare declared the public hearing open.
Mr. Constantine Malmberg advised that he was present to answer any questions.
There being no one else present wishing to speak, Council President Hare declared the hearing
closed.
Mr. Neil moved for approval of the rezoning request, as recommended by the Planning
Commission. The motion was seconded by Mr. Rocha and, by a unanimous roll call vote,
Council adopted Ordinance #2021-04, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY
LOCATED AT 1205 MCKEE ROAD
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within
the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of
property described below from CPO (Commercial and Professional Office Zone) and subject to the
COZ-1 (Corridor Overlay Zone) to C-2A (Limited Central Commercial Zone) and subject to the
COZ-1 (Corridor Overlay Zone).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
Ordinance of the City of Dover have been amended by changing the zoning designation from
CPO (Commercial and Professional Office Zone) and subject to the COZ-1 (Corridor
Overlay Zone) to C-2A (Limited Central Commercial Zone) and subject to the COZ-1
(Corridor Overlay Zone) on that property located at 1205 McKee Road (located at the
northeast corner of McKee Road and College Road), consisting of 3.46 +/- acres , owned by
College Towers LLC and equitable owner Two Farms, LLC.
(Tax Parcel: ED-05-067.00-02-51.00-000; Planning References: MI-21-01A and Z-21-01; Fourth Council
District)
ADOPTED: MARCH 8, 2021
Page 20
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 20
PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2021-05 -
REZONING REQUEST FOR PROPERTY LOCATED AT 92 NORTH WEST STREET AND
AN ADJACENT UNADDRESSED PARCEL ON FULTON STREET
A public hearing was duly advertised for this time and place to consider the rezoning of property
located at 92 North West Street and an adjacent unaddressed parcel on Fulton Street, consisting of
0.82+/- acres, owned by Donny Legans. The property is currently zoned M (Manufacturing) and the
proposed zoning is C-2A (Limited Central Commercial). This rezoning is associated with a
Comprehensive Plan Amendment Request MI-21-01B for Consideration of Amendment to Map
12-1: Land Development Plan Map.
(Tax Parcels: ED-05-076.08-01-16.00-000 and ED-05-076.08-01-44.00-000; Planning References: MI-21-01B and
Z-21-02; Fourth Council District)
Council President Hare reminded members of the public that copies of the proposed ordinance were
available at the entrance of the Council Chambers or on the City’s website at www.cityofdover.com
under “Government.”
Mr. Neil moved that the Final Reading of Proposed Ordinance #2021-05 be acknowledged by
title only, seconded by Mr. Rocha and unanimously carried. (The First Reading of the ordinance
was accomplished during the Council Meeting of January 25, 2021.)
Planner's Review
Mr. Dave Hugg, Director of Planning and Community Development, reviewed the petition to amend
the zoning district and the findings and recommendations of the Planning Commission. He noted that
the Planning Commission recommended approval of the rezoning request.
Public Hearing
Council President Hare declared the public hearing open.
Mr. Anderson stated for the record that proper safeguards should be put in place to prevent noise and
activity from disrupting the neighborhood. He reminded members of the previous institution that
served alcohol and was not a great mix in the neighborhood. Mr. Anderson stated that the
neighborhood has become a very good place to live and he wanted to make sure it stays that way.
There being no one else present wishing to speak, Council President Hare declared the hearing
closed.
Mr. Rocha moved for approval of the rezoning request, as recommended by the Planning
Commission. The motion was seconded by Mr. Taylor and, by a unanimous roll call vote,
Council adopted Ordinance #2021-05, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY
LOCATED AT 92 NORTH WEST STREET AND AN ADJACENT UNADDRESSED
PARCEL ON FULTON STREET
Page 21
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 21
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within
the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of
property described below from M (Manufacturing Zone) to C-2A (Limited Central Commercial
zone).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
Ordinance of the City of Dover have been amended by changing the zoning designation from
M (Manufacturing Zone) to C-2A (Limited Central Commercial) on that property located at
92 North West Street and an unaddressed Parcel on Fulton Street (located adjacent to the east
side of the railroad corridor along North West Street between Fulton Street and Cecil Street),
consisting of 0.82 +/- acres, owned by Donny Legans.
(Tax Parcels: ED-05-076.08-01-16.00-000 and ED-05-076.08-01-44.00-000; Planning References: MI-21-01B
and Z-21-02; Fourth Council District)
ADOPTED: MARCH 8, 2021
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 22, 2021
The Minutes of the Regular Council Meeting of February 22, 2021 were unanimously
approved by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of
Mayor Christiansen.
COUNCIL COMMITTEE OF THE WHOLE REPORT - FEBRUARY 23, 2021
The Council Committee of the Whole Meeting was held by video conference on
February 23, 2021 at 6:00 p.m., with Council President Hare presiding. Members of
Council present via video or telephone were Mr. Anderson (arrived at 6:05 p.m.),
Mr. Sudler, Mr. Neil, Mr. Slavin (departed at 7:55 p.m.), Mr. Rocha, Mr. Taylor, and
Mr. Lindell. Mayor Christiansen was also present. Civilian members present for their
Committee meetings were Mr. Shelton (arrived at 6:12 p.m.) (Safety Advisory and
Transportation), Ms. Maucher (Utility), and Mr. Contant and Mr. Shevock (arrived
at 6:23 p.m.) (Legislative, Finance, and Administration).
Mr. Taylor requested the agenda be amended by holding the Safety Advisory and
Transportation Committee meeting after the Utility Committee meeting.
Mr. Hare requested that item #7 - Segal Waters Consulting - Classification,
Compensation and Benefit Study be removed from the agenda, referred back to Staff
and re-scheduled at a later date.
Page 22
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 22
Mr. Neil moved for adoption of the agenda, as amended, seconded by
Mr. Lindell and unanimously carried.
UTILITY COMMITTEE
The Utility Committee met with Chairman Cole presiding.
Adoption of Agenda
The agenda was adopted by unanimous consent.
Street Sweeping Operations and Enforcement (Actionable Item)
Mrs. Sharon Duca, Public Works Director, reviewed the background and analysis
regarding the Street Sweeping Operations and Enforcement.
Staff recommended approval of the proposed changes to the Annual Street Sweeping
and Leaf Collection plans with service and enforcement suspended from January 15
- March 15, annually.
Responding to Mr. Taylor, Mrs. Duca stated that the street sweeping debris is taken
to the landfill and it is paid by the ton, the same as the sanitation rates. Regarding wet
material, Mrs. Duca noted that the material is taken to a temporary staging area at
Schutte Park until they have enough material to take to the landfill and that allows
it a period to dry out.
Responding to Mr. Taylor, Mrs. Duca advised that branches and debris are not mixed
with the street sweeping debris. They have to test the street sweeping debris to make
sure it is acceptable for the landfill.
Responding to Mr. Anderson, Mrs. Duca stated that they would want to start
advertising the proposed changes to the Annual Street Sweeping and Leaf Collection
as soon as possible in order to make the public aware of it. She noted that they were
also looking into updated signage, so it is a process they will work on the whole year
to get the word out so people understand the revised schedule. Mr. Hare suggested
adding a notice to the bottom of the "No Parking" signs.
Mr. Randy Robertson, City Manager, noted that they would be starting the
replacement heads and LEDs in the downtown area. Mr. Paul Waddell, Electric
Director, advised that it was roughly 618 lights in the downtown area and would take
approximately four weeks.
Responding to Mr. Taylor, Mr. Waddell stated that they were going to start on Mary
Street but he would have a better plan the next day. He advised that they had some
limitations because some of the streets are state-owned and they need to coordinate
with the Delaware Department of Transportation (DelDOT). Mr. Waddell stated that
Page 23
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 23
it was not going to be in a streamlined pattern, but he believed it would start up Mary
Street and go down Water Street, then State Street over to North West Street. He
stated that he could share a map with Committee members after the meeting. (City
Clerk's Office Note: Subsequent to the meeting, Mr. Paul Waddell, Electric Director,
provided a map regarding the lighting upgrades.)
Responding to Mr. Anderson, Mr. Waddell stated that they could put this information
on the City's website.
Responding to Mr. Sudler, Mr. Waddell stated that New Street, Reed Street, and
Queen Street were all in the high priority area and would be covered during this
project. He noted that he would have a better answer to the projected date the next
day.
Responding to Mr. Sudler regarding starting in high crime areas, Mr. Waddell stated
that they were going to coordinate with DelDOT and get permits for along Division,
State and Loockerman Streets. He advised that those streets are going to take more
coordination, but that they have free rein to start anywhere they want.
The motion to recommend approval of the proposed changes to the Annual
Street Sweeping and Leaf Collection plans with service and enforcement
suspended from January 15 - March 15, annually, as recommended by Staff,
was approved by unanimous consent.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Lindell and carried by a unanimous roll call vote.
Mr. Neil moved for adjournment of the Utility Committee meeting, seconded by
Mr. Sudler and unanimously carried.
Meeting adjourned at 6:13 p.m.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee met with Chairman Taylor
presiding.
Adoption of Agenda
Mr. Sudler moved for adoption of the agenda, seconded by Mr. Rocha and
unanimously carried.
Page 24
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 24
Quarterly Briefing on Dover/Kent County Metropolitan Planning Organization
(MPO) Projects (Informational Item)
Mr. Jim Galvin, Principal Planner, and Ms. Marilyn Smith, Executive Director, with
the Dover/Kent County Metropolitan Planning Organization (MPO), provided a
quarterly briefing on Dover/Kent County MPO Projects.
Responding to Mr. Taylor regarding the widening of US-13 from Puncheon Run to
Woodside, Mr. Galvin stated that both the shoulder and the median would be
widened.
Mr. Neil stated that when Mr. Anderson came up with the genius idea of White Oak
Road, it had nothing to do with how much traffic was going in there, but if they had
that connector, they were talking economic development. He stated that the White
Oak connector had become extremely important to the City. Mr. Galvin noted that
the air cargo facility study that is being done by Century Engineering was expanded
when both the City and the County suggested a connection between the air cargo
facility and Garrison Oak. He advised that Century Engineering is also looking at a
possible connector between South Little Creek Road and White Oak Road.
Responding to Mr. Rocha, Mr. Galvin stated that the Delaware Department of
Transportation (DelDOT) sites that the roundabout on Mifflin Road is not really a
roundabout because it is too small. He advised that the roundabout near Chestnut
Grove Road will be similar in size to the roundabouts outside of Middletown and
considerably larger than the Mifflin Road roundabout.
Responding to Mr. Rocha, Mr. Galvin stated that there would be pedestrian
improvements and bike lanes on Kenton Road and that construction would be during
FY25. Mr. Galvin stated that the only thing currently in the CTP for the pedestrian
improvements on College Road was money for up to and including the right-of-way
acquisition. Mr. Galvin stated that he would expect any kind of construction for
College Road to be after 2027.
Mr. Anderson stated that economic development is vital and is going to be important
for not only Garrison Oak, but for Kent County Aeropark as well. He noted that they
are top economic priorities for the state partnership and that the infrastructure is
necessary if they are going to be top priorities. He encouraged the abandonment of
the Forest Avenue and Loockerman Street roundabout.
Mr. Anderson stated that an existing bike lane was added, which works very well on
most of Forest Avenue because the sidewalks were widened to be multimodal
transportation and to connect to West Street, but there is a small section where,
instead of widening the sidewalk, delineators were added. Mr. Anderson stated that
it takes it off the multimodal walk and onto the road, but that it has not worked well.
Mr. Anderson asked if there would be any objection, or if it would contradict any
Page 25
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 25
plans the MPO has, if they sought to get that sidewalk widened so that it is
consistent, even if they sought other monies to do it. Responding to Mr. Anderson,
Mr. Galvin stated that it does not contradict any plans the MPO has. He noted that
the work was performed by DelDOT and their bike and pedestrian coordinators
contracted people. Mr. Galvin stated that he knows that the City has expressed their
dissatisfaction with some of that area, but he had not heard of anything coming out
of that yet. He noted that they may be able to arrange a meeting with the bicycle
facility contractors at DelDOT to see if something could be done.
Responding to Mr. Anderson, Mr. Galvin stated that there is a Dover Transit Center
on the corner of Water and Queen Street. He advised that it is not the center that is
due for improvements. Mr. Galvin noted that there was also a transit facility down
on Public Safety Boulevard that is going to have improvements.
Responding to Mr. Rocha regarding the College Road improvements projected for
2027, Mr. Galvin stated that he was not aware of any traffic studies done on College
Road itself. He advised that the improvements that are anticipated are curb, sidewalk,
and environmental improvements.
Mr. Rocha recommended that they look into the study. He noted that they have had
accidents on College Road recently and that the traffic is heavy passing through
Saulsbury Road to Kenton Road. Mr. Rocha stated that he thought people were trying
to bypass lights and that there is no shoulder. Responding, Mr. Galvin stated that they
took a tour there a couple of years ago looking at potential bike improvements and
that the right-of-way is thin and does not offer opportunity for shoulders. He noted
that he would bring that up to DelDOT.
Mr. Sudler advised that they had asked for a study pertaining to College Road and
Kenton Road a few years prior. Mr. Slavin noted that he recalled the conversation
and that it had to do with improving the safety of the road, including widening the
shoulders that were going in on Kenton Road. He stated that what came back was to
widen the shoulders and put sidewalks on both sides so that pedestrians and bicycle
traffic are off the road. Mr. Slavin noted that there was pushback from the property
owners who would be responsible for clearing those sidewalks, but he was not sure
what the status was. Mr. Sudler requested that they look into the concerns or that
report.
Mr. Lindell advised that when he was elected, he and former Councilman Tanner
Polce were approached by the Mr. Jim Hosfelt, former Councilman and Kent County
Levy Court Commissioner, about issues along that corridor. He noted that he did not
know if there was ever a study done because he thought DelDOT already had plans
in the works for improvements along that road. Mr. Lindell stated it drew more
attention to it where they were able to bump it up on the priority list.
Page 26
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 26
Responding to Mr. Taylor, Mr. Galvin stated that there have been no solid
conversations about passenger rails in Dover. He noted that they keep hearing that
it is not viable.
Community Update (Ms. Lachelle Paul, Criminal Justice Committee Chair,
National Association for the Advancement of Colored People (NAACP)
Delaware State Conference of Branches) (Informational Item)
Ms. Lachelle Paul, Criminal Justice Committee Chair, National Association for the
Advancement of Colored People (NAACP) Delaware State Conference of Branches,
provided a community update.
Ms. Paul stated that the NAACP has been having ongoing meetings regarding
diversity and inclusion of the black community within local government and
discussed committee appointments. She stated they want to see diversity on all of the
committees. She noted that another big topic right now is the increase in gun violence
and black on black crimes. Ms. Paul noted that diversity and inclusion creates a better
living environment and, if they can, should practice making all cultures and parts of
the community inclusive in decision-making. She noted that another topic with
regard to City Council and Council meetings is the displacement of the homeless.
Regarding putting a homeless shelter in the Fourth (4th) District, she noted that the
residents are not in agreement with that because they would prefer something that is
going to create jobs and youth community programs that would help turn youth from
the gangs.
Mr. Taylor requested Ms. Paul to email him and Council President Hare the next time
the NAACP has a meeting so that they can attend and explain what exactly they are
doing to combat some of the concerns. He noted that they could make sure their
resources are not being duplicated throughout the City. Ms. Paul agreed with Mr.
Taylor and stated that she spoke with the Vice President of the State Branches so that
their meetings do not conflict.
Ms. Paul stated that it is uncomfortable for some people to speak on race and
everyone has barriers that they have to overcome when dealing with the subject, but
the fact that they are dealing with it now and are able to communicate and speak on
the division and where they need to come together is a beautiful thing. She noted that
even though it may be some discomfort, understand that they do not need to go back
and keep reliving the past, they need to figure out what they are going to do to move
forward so that they can bridge the gap and figure out how they continue the positive
change, so they can make Dover a better place for everyone.
Mr. Neil noted that there are no restrictions in terms of volunteers. He stated that they
need people who live in the City. Mr. Neil stated that, at times, it is very hard to find
people and so it is not an unwillingness on the part of the City, it is a question of who
is willing to come forward and devote their time. He stated that as far as trying to get
Page 27
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 27
people to fill their openings, he does not care about color, he just wants competent
people to fill the jobs that have stood open for so long. Mr. Taylor agreed with Mr.
Neil, stating that color does not matter when it comes to volunteerism. He stated they
simply need bodies and people who are going to be committed to that leadership role.
Responding to Mr. Rocha regarding her role with the state and NAACP, Ms. Paul
stated that she is a Central Branch Manager and also the Chair of the Criminal Justice
Committee of State of Branches. She stated that they had an executive meeting with
the Central Branch, all of the branch presidents and the executive committee that is
dealing with gun violence and increased gang violence throughout the state.
Mr. Rocha recommended that they get more cohesive with the Central Delaware
Branch. He asked if the branch would be able to give them a platform where they
could come out and explain some of the things that have been going on and keep
everyone up to date. Mr. Rocha stated that he knew they were able to do it on their
own, but by joining forces that would enable them to do it in a more powerful way.
Mr. Anderson stated that he would like to send Ms. Paul and other members of the
branch a link to the City's committee, commissions, and boards application because
there is going to be an opening or two on the committees that she mentioned.
Responding to Mr. Anderson, Ms. Paul stated that they were trying to bring people
to the table within the City and to find out what the City is doing regarding gang
violence and black on black crimes. She noted that some positive changes have been
happening and they know it is a process and, at this point, it is time to act. Ms. Paul
advised that they need a gang-related committee and youth programs. She noted that
the other issue that they have to deal with is mental health. Ms. Paul stated that they
have to have more mental health facilities that are in the reach of the actual
community that is in need of it.
Ms. Paul stated that she agreed with everything Mr. Neil mentioned regarding to
committees. She noted that they all need to understand diversity inclusion goes both
ways. Ms. Paul stated that she was going to go through and make it a point to direct
people so they can actually start getting involved and assure them that they will be
considered if they want to put in the energy and the work to help make this City
better, then they are going to be accepted.
Mr. Neil stated that so much of what Ms. Paul was saying affects everybody within
the state government. He advised that it is not in the City's charter to address mental
health or any health. Mr. Neil noted that there are certain things that they will be able
to do and encourage and support, but that the City will not be able to address mental
health issues. He stated that when they talk about the mental health, they are also
talking about the situation with the homeless, a lot of it is dealing with mental health,
and there are things that they can do and cannot do. He noted that education was also
not in the City's charter.
Page 28
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 28
Mr. Sudler stated that they could explore a subcommittee with mental health agents
that could be liaisons to gather information or to communicate with mental health
agencies and educate City Council, in addition to resources for the community
members that may be encountering mental health discrepancies. Mr. Slavin stated
that the City Charter does not give them the authority to go into those areas of mental
health and substance abuse because when the charter started those were not issues
facing the City but they are issues facing the City now. He noted that the charter
allows Ad Hoc committees to be appointed. Mr. Taylor asked Mr. Slavin to walk
himself and Mr. Rocha through the process.
Mr. Taylor thanked Ms. Paul and stated that he would like to see the NAACP seek
a much broader collaboration between Dover and those that share the boundaries of
Dover to share their resources. Ms. Paul stated that she would communicate with the
president of the State Branch. She noted that these issues were not just statewide
issues, these are issues are from the community and residents of the City.
Mr. Sudler moved for adjournment of the Safety Advisory and Transportation
Committee meeting, seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 7:42 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Lindell
presiding.
Adoption of Agenda
Mr. Sudler moved for adoption of the agenda, seconded by Mr. Taylor and
unanimously carried.
Proposed Resolution No. 2021-01 - Application for Wastewater Matching
Planning Grant (Actionable Item)
Mr. Jason Lyon, Water and Wastewater Director, reviewed the background and
analysis regarding the Proposed Resolution No. 2021-01 - Application for
Wastewater Matching Planning Grant.
Staff recommended adoption of the resolution as submitted so Staff may submit
application for a Wastewater Matching Planning Grant.
Mr. Neil moved to recommend adoption of the Resolution, as submitted, so Staff
may submit application for a Wastewater Matching Planning Grant approval,
as recommended by Staff. The motion was seconded by Mr. Shevock and
unanimously carried.
Page 29
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 29
By motion of Mr. Neil, seconded by Mr. Lindell, Council, by consent agenda, unanimously
adopted Resolution No. 2021-01, as follows:
A RESOLUTION PROPOSING APPLICATION FOR WASTEWATER MATCHING
PLANNING GRANT
WHEREAS, the Mayor and Council of the City of Dover, Delaware, herein called the "Applicant",
has, after adequate consideration, of the various aspects of available data as it relates to the
wastewater infrastructure, determined that improvements to the City of Dover wastewater
infrastructure is necessary; and
WHEREAS, the Applicant has determined that the expeditious evaluation of the Inflow &
Infiltration affecting our wastewater system is desirable and in the public interest, and to that end it
is necessary that actions be taken immediately; and
WHEREAS, the State of Delaware, through the Delaware Water Infrastructure Advisory Council
has authorized the making of matching grants to aid in financing Wastewater Systems and related
services in connection therewith; and
WHEREAS, the Applicant has examined and duly considered the Guidelines for said grants and the
Applicant deems it to be in the public interest and to the public benefit to file an application for a
grant under these Guidelines, and to authorize other action in connection therewith.
NOW, THEREFORE, BE IT RESOLVED BY the Mayor and Council of the City of Dover,
Delaware, the governing body of said Applicant, as follows:
1. That the said Project is essential to and is in the best interest of the Applicant and to the end
that the said Project may be carried out as promptly as practical, it is desirable that action
hereto be undertaken immediately.
2. That Randy Robertson, City Manager, or his designated representative, be hereby authorized
to file on behalf of the Applicant, an application (in the format required by the State of
Delaware and in conformity with the request hereto) for a matching grant to be made from
the State of Delaware Clean Water State Revolving Fund's (CSWRF) Non-Federal
Administrative Account to the Applicant to aid in defraying the cost of the Project described
above.
3. That if such a grant is made, the Applicant agrees to pay all the remaining cost of the
approved Project, over and above the amount of the State grant.
4. That the said Randy Robertson, City Manager, or his designated representative, is hereby
authorized to accept any State grant that may be offered, to furnish such information and to
take other action as may be necessary to enable the Applicant to qualify for the grant; and
Page 30
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 30
5. That the said Randy Robertson, City Manager, or his representative designated as the
Authorized Representative of the Applicant for the purpose of furnishing to the State of
Delaware such information, data, and documents pertaining to the application for the grant
as may be required; and otherwise to act as the authorized representative of the Applicant in
connection to the application and in connection with any requirements of the State grant
which may be made.
6. That certified copies of this Resolution be included as part of the Application to be submitted
to the State of Delaware.
ADOPTED: MARCH 8, 2021
Evaluation of Proposals - HVAC (Heating, Ventilation, and Air Conditioning)
Design and Install for the City of Dover Warehouse, City Hall, and Electric
Administration Buildings (Actionable Item)
Mr. Matthew Harline, Assistant City Manager, and Mr. Michael Hamlett, Central
Services Director, reviewed the background and analysis regarding the evaluation of
proposals for the HVAC (Heating, Ventilation, and Air Conditioning) Design and
Install for the City of Dover Warehouse, City Hall, and Electric Administration
Buildings.
Staff recommended awarding the HVAC Design and Install for the City of Dover
Warehouse, City Hall, and Electric Administration Building contracts to Statewide
Mechanical Inc. as per the proposal submitted in response to RFP #21-0007CS,
21-0006CS, and 21-0005CS and authorize the City Manager and Controller to bring
back a resolution to obtain financing to cover the General Fund projects as
referenced.
Responding to Mr. Neil regarding the radio upgrades, Mr. Paul Waddell, Electric
Director, stated that the radio systems that all City departments use to communicate
with each other are antiquated. Whenever they have to call the state maintenance
people about a problem they keep advising them to upgrade. Mr. Waddell stated that
the CIP project was to replace all the analog systems with digital systems; however,
the project kept moving down the priority list. He noted that when Mr. Harline
approached him about having any place to maybe pull some additional funding from,
this was the first thing that came to his mind because he did not think that they could
get a quality RFP out for the radio infrastructure build prior to the fiscal year end. He
stated that his recommendation and after conversations with Mr. Harline, was to push
that radio infrastructure plan off until next fiscal year and give them time to
communicate with the new IT director to make sure that they have all the details and
put a good quality product on the street and get good bids back. Responding to
Mr. Neil, Mr. Waddell stated that they are looking at FY22.
Page 31
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 31
Responding to Mr. Sudler, Mr. Hamlett stated that the bid proposal was being
awarded to one contractor. He noted that they solicited four vendors, two of which
were obtained by the Delaware Directory of Certified Businesses, however, they only
received one proposal per project and all of them were Statewide Mechanical.
Responding to Mr. Sudler regarding any feedback from contractors, Mr. Hamlett
stated that they received feedback from one of the vendors which noted that most
HVAC companies only do the actual install per specifications. They do not
necessarily do the actual design phase of it, which is generally solicited from an
engineer. Mr. Hamlett advised that this particular firm was able to pull an engineer
and do the design and the install. He stated that whenever it is feasible, they bundle.
He noted that this particular project did not require extensive designing and they
provided, for the most part, the specifications. He noted that for City Hall and the
warehouse, they were basically using the same specifications that are there and they
were just updating the components. He advised that for the electric administration
building, they are going to gut the building and bring in a new design, it is a fairly
small building, so it was not really complicated.
Responding to Mr. Sudler, Mr. Hamlett advised that the company does not provide
all of the services, the contractor actually solicited an engineering firm to assist them
in the process.
Mayor Christiansen, regarding the radios that the Electric Department uses, asked if
there was the opportunity to possibly go on the 800-megahertz state bid contract. He
noted that it would afford them the opportunity to have multiple channels and also
interconnect with the police and the fire departments directly. Responding,
Mr. Waddell stated that he spoke to someone who works at state radio maintenance
about the options that were available for them to get on that network. Mr. Waddell
noted that he was told that they kept it pretty locked down and, because of the
growing traffic with police departments, fire departments, natural resources, and all
of those groups, the chances of the City getting on it would be slim.
Mayor Christiansen asked if there was an opportunity for a high band system, noting
that it would afford the repeaters throughout the City as well as an opportunity to
purchase equipment on the state bid. Responding, Mr. Waddell stated that he did not
look at the state bid portion of it, but they had preliminary discussions with one of
the local radio vendors that they do a lot of business with. Mr. Waddell stated that
three or four repeaters across the City would cover them very well and the key was
to give them some data transmission capabilities. He stated that they would go from
their existing four channels to eight, which would give a little more flexibility with
the departments inside the City. Mr. Waddell stated that they could also take that data
communication aspect and use Munis to generate electronic work orders.
Responding to Mr. Rocha, Mr. Hamlett stated that the contractor and engineer do
Page 32
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 32
business together regularly on other projects and have done projects at this scale with
the state.
Mr. Neil moved to recommend awarding the HVAC Design and Install for the City
of Dover Warehouse, City Hall, and Electric Administration Building contracts to
Statewide Mechanical Inc. as per the proposal submitted in response to RFP
#21-0007CS, 21-0006CS, and 21-0005CS and authorize the City Manager and
Controller/Treasurer to bring back a resolution to obtain financing to cover the
General Fund projects as referenced, as recommended by Staff. The motion was
seconded by Mr. Taylor.
Mr. Anderson requested that they include where the contractor is from on the
information submitted so it can be easily seen. Mr. Robertson stated that in the
future, he has asked that a copy of the contractor's homepage be included. (City
Clerk's Office Note: Subsequent to the meeting, Mr. Michael Hamlett, Central
Services Director, provided the following information regarding the HVAC Design
and Install for the City of Dover Warehouse, City Hall, and Electric Administration
Building: The following information was captured from the Delaware Director of
Small Businesses website. Statewide Mechanical did not have their own website;
however, they are a certified small and local business.
Mr. Neil moved to recommend awarding the HVAC Design and Install for the
City of Dover Warehouse, City Hall, and Electric Administration Building
contracts to Statewide Mechanical Inc. as per the proposal submitted in
response to RFP #21-0007CS, 21-0006CS, and 21-0005CS and authorize the City
Manager and Controller/Treasurer to bring back a resolution to obtain
financing to cover the General Fund projects as referenced, as recommended by
Staff. The motion was seconded by Mr. Taylor and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Lindell and carried by a unanimous roll call vote.
Evaluation of Bids - Landscaping (Actionable Item)
Mr. Paul Waddell, Electric Director, reviewed the background and analysis regarding
the evaluation of bids for Landscaping.
Staff recommended awarding #21-0020EL Landscaping Contract to Joseph R. Smith
for three years with a City option to extend it an additional two years (five years total)
as per the pricing included in the bid submittal.
(City Clerk's Office Note: Subsequent to the meeting, Mr. Paul Waddell, Electric
Director, provided the following information regarding the recommended contractor
for the Landscaping contract: Landscaping - Joseph R. Smith, P.O. Box 357, Denton,
MD 21639)
Page 33
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 33
Mr. Hare moved to recommend awarding #21-0020EL Landscaping Contract
to Joseph R. Smith for three years with a City option to extend it an additional
two years (five years total) as per the pricing included in the bid submittal, as
recommended by Staff. The motion was seconded by Mr. Neil and unanimously
carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Lindell and carried by a unanimous roll call vote.
Evaluation of Bids - Overhead Linework (Actionable Item)
Mr. Paul Waddell, Electric Director, reviewed the background and analysis regarding
the evaluation of bids for Overhead Linework.
Staff recommended awarding #21-0021EL Overhead Linework Contract to AUI
Power for three years with a City option to extend it an additional two years (five
years total) as per the pricing included in the bid submittal.
(City Clerk's Office Note: Subsequent to the meeting, Mr. Paul Waddell, Electric
Director, provided the following information regarding the recommended contractor
for the Overhead Linework contract: Overhead Line Work - AUI Power, Inc,
1600 W. Pulaski Highway, Elkton, MD 21921)
Mr. Hare moved to recommend awarding #21-0021EL Overhead Linework
Contract to AUI Power for three years with a City option to extend it an
additional two years (five years total) as per the pricing included in the bid
submittal. The motion was seconded by Mr. Anderson and unanimously
carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Lindell and carried by a unanimous roll call vote.
CliftonLarsenAllen LLP Audit Results and Comprehensive Annual Financial
Report (CAFR) for the Fiscal Year Ending June 30, 2020 (Actionable Item)
Mr. Remi Omisore, CliftonLarsenAllen LLP (CLA), reviewed a presentation titled,
"City of Dover, Delaware Audit Results Year Ended June 30, 2020.
Staff recommended acceptance of the report.
Mr. Hare moved to recommend acceptance of the report, as recommended by
Staff. The motion was seconded by Mr. Neil and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Lindell and carried by a unanimous roll call vote.
Page 34
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 34
Segal Waters Consulting - Classification, Compensation and Benefit Study
This item was referred back to staff and will be re-scheduled at a later date.
Mr. Neil moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, seconded by Mr. Hare and unanimously
carried.
Meeting adjourned at 8:37 p.m.
Mr. Neil moved for adjournment of the Council Committee of the Whole
meeting. The motion was seconded by Mr. Lindell and unanimously carried.
Meeting adjourned at 8:37 p.m.
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Lindell and carried by a unanimous roll call vote.
MONTHLY REPORTS - JANUARY 2021
By motion of Mr. Neil, seconded by Mr. Lindell, the following monthly reports were accepted
by consent agenda:
City Assessor's Report
City Council’s Community Enhancement Fund Report
City Manager's Report
City Planner's Report
Controller/Treasurer's Budget Report
Fire Chief's Report
Police Chief's Report
SETTING OF PROPERTY ASSESSMENT APPEALS
Staff recommended that the 2021 Property Assessment Appeals be scheduled for May 17, 2021
through May 21, 2021 from 9:00 a.m. until 4:00 p.m.; May 24, 2021 through May 28, 2021 from
9:00 a.m. until 4:00 p.m. (if needed); June 1, 2021 through June 4, 2021 from 9:00 a.m. until
4:00 p.m. (if needed); and one evening (if needed). Members were advised that the hearing times
were subject to change.
Mr. Neil moved for approval of the dates and times recommended by staff for the
2021 Property Assessment Appeals, seconded by Mr. Anderson and unanimously carried.
CITY MANAGER'S ANNOUNCEMENTS
Mr. Randy Robertson, City Manager, announced that four linemen, Jason Bitter, Matthew Espil,
Brian Kempista, and Liam Maher, saved a dog from a burning house and may have saved the
burning house and did an extraordinary job. He stated that he hopes they will read more about it in
the newspaper and that the Mayor was arranging some other kinds of recognition for them.
Page 35
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 35
Mr. Robertson announced that it was the first day full opening day for the City in months and there
had been no adverse reports from the department heads he talked to. He thanked Mr. Matt Harline,
Assistant City Manager, for orchestrating the opening.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Rocha, in reference to COVID vaccinations, announced that the Delaware Racial Equity
Collaborative (DRJC) would be meeting Wednesday, March 10, 2021 from 1:00 p.m. to 2:00 p.m.
to discuss providing information about the vaccine and the locations that the vaccine would be
available to the Black and Brown community. He encouraged anyone who was interested in
participating to contact him for an invitation.
Mr. Anderson moved for adjournment, seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 9:42 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of March 8, 2021 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2021\03-08-2021 REGULAR.wpd
Exhibits
Exhibit #1 - PowerPoint Presentation - Comprehensive Plan Amendment, Lot 1 & 2, Dover Mall
Page 36
EXHIBIT #1
Comprehensive Plan
Regular Council Meeting of 03/08/2021
Amendment
Lot 1 & 2
Dover Mall
March 5, 2021
Page 37
TOWN CENTERS
Page 38
N
Requested Land-use Change
Page 39
N
NOISE REDUCTION
Page 40
Questions
Comprehensive Plan Amendment Request