CCW PACKET

CITY OF DOVER, DELAWARE COUNCIL COMMITTEE OF THE WHOLE MEETING Tuesday, October 24, 2023 at 6:00 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA Public comments are welcomed on any item and will be permitted at the appropriate time. When possible, please notify the City Clerk (302-736-7008 or email at cityclerk@dover.de.us) should you wish to be recognized. VIRTUAL MEETING NOTICE This meeting will be held in City Hall Council Chambers with electronic access via WebEx. Public participation information is as follows: Dial: 1-650-479-3208 Link: https://rb.gy/c0vy5 Event number: 2537 416 9644 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. CALL COUNCIL COMMITTEE OF THE WHOLE MEETING TO ORDER SAFETY ADVISORY AND TRANSPORTATION COMMITTEE ADOPTION OF THE AGENDA 1. N. State Street - Transportation Alternatives Program (Jason Lyon, Water/Wastewater Director) (Staff Recommendation: Allow staff to submit a Transportation Alternatives Program Application to DelDOT for improvements to N. State Street.) ADJOURNMENT OF THE SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING UTILITY COMMITTEE ADOPTION OF THE AGENDA 1

COUNCIL COMMITTEE OF THE WHOLE MEETING - October 24, 2023 PAGE 2 1. Evaluation of Bids - Turnberry Pump Station Replacement (Jason Lyon, Water/Wastewater Director) (Staff Recommendation: Award contract to Teal Construction for the Turnberry Pump Station Replacement, RFP#24-0002WW, for $1,148,888.) 2. Well #9 Change Order (Jason Lyon, Water/Wastewater Director) (Staff Recommendation: Approve the change order request from AECOM, Inc. in the amount of $27,400, in accordance with the City of Dover Purchasing Policy and Procedures.) 3. 2023 Electric Service Handbook Revisions (Paul Waddell, Electric Director) (Staff Recommendation: Approval of the presented revisions to the Electric Service Handbook) 4. Evaluation of Bids - Electrical Substation Multiplexer Upgrade (Paul Waddell, Electric Director) (Staff Recommendation: Award contract to Avista Realtime for the Electrical Substation Multiplexer Upgrade, RFP#24-0005EL, for $149,814.) ADJOURNMENT OF THE UTILITY COMMITTEE MEETING LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE ADOPTION OF THE AGENDA 1. Recommendation of Award for McKee Generation Station Abatement and Demolition (Paul Waddell, Electric Director, and The Energy Authority) (Staff Recommendation: Staff recommends awarding the contract to Total Wrecking & Environmental, LLC.) 2. Potential Revisions to Zoning Ordinance for C-2 (Central Commercial Zone) per the Transforming Downtown Dover: Capital City 2023 Plan (Dawn Melson-Williams, Principal Planner) (Staff Recommendation: Allow Staff to draft Text Amendment language (Proposed Ordinance) from presented Concepts of Revisions to C-2 (Central Commercial Zone) and associated provisions of the Zoning Ordinance.) ADJOURNMENT OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION 2

COUNCIL COMMITTEE OF THE WHOLE MEETING - October 24, 2023 PAGE 3 OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 3

Item 1. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Safety, Advisory & Transportation) DEPARTMENT OF ORIGIN: Water & Wastewater SUBMITTED ON: October 13, 2023 PREPARED BY: Jason A. Lyon, P.E., Director of Water & Wastewater / Engineering Services REVIEWED BY: David S. Hugg, III, City Manager and Lori Peddicord, Controller / Treasurer SUBJECT: N. State Street – Transportation Alternatives Program TIMETABLE: Application to be submitted within thirty (30) days of Council approval RELATED PROJECT: N/A REFERENCE: N/A EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 FUNDING SOURCE (Dept./Page in CIP & Budget): N/A STAFF RECOMMENDATION: Allow staff to submit a Transportation Alternatives Program Application to DelDOT for improvements to N. State Street. BACKGROUND AND ANALYSIS: In the summer of 2023, A-Del Construction substantially completed a water main replacement project on N. State Street from Division Street to N. Pennsylvania Avenue. This project replaced old, undersized water main with a properly sized water main, new fire hydrants and services to each customer. This project was conducted on a DelDOT owned street, as such, the requirements for restoration only included paving the driving lane that the water main impacted, not the entire width of the roadway. This project did not include upgrading the sidewalks and curb, as the project was funded by water funds. It is not fiscally prudent to utilize the water enterprise funds to improve general fund infrastructure. On a typical water main replacement project that is on a city owned street, the city would schedule the road to be repaved and all sidewalks and curbs to be upgraded the year after the water project. This project does not fit in that category since the road is owned by the State. City staff researched funding options to upgrade the general fund infrastructure on this street. After consulting with DelDOT, there is a Transportation Alternatives Program that would provide 80% funding from the state and 20% funding from the city. City staff has performed preliminary estimates for this work to be around $800,000, if this was the cost, the project would cost the city $160,000. 4

Item 1. Staff recommends that we apply for this project to improve the pedestrian network and improve the pavement within the project scope. 5

TRANSPORTATION Item 1. A LT ER NA T IVES PROGRAM DELDOT CO MMUNITY DRIVEN SOLUTIONS Need a sidewalk, pedestrian crossing, bike lane, or pathway? DelDOT has a solution! About t h e T r a n s p o r t a t i o n Alternatives Program T h e D e l D O T T r a n s po r tatio n Alternatives P r o g r a m ( T A P ) is a federally f u n d e d b u t community-driven p r o g r a m that supports the development a n d c o n s t r u c t i o n of no n-traditio nal t r a n spo rtatio n pro jects w i t h t h e g o a l of p r o v i d i n g safe, reliable, a n d c o n v e n i e n t c h o i c e s for n o n - m o t o r i z e d u s e r s s u c h a s p e d e s t r i a n s a n d bicyclists. D e l D O T offers this p r o g r a m t o p r o v i d e c o m m u n i t i e s t h r o u g h o u t t h e st at e o p p o rtu nitie s e n h a n c e a n d bo lster t h e m s e l v e s b y i m p l e m e n t i n g their l o n g t e r m v isio ns a n d p l a n s for safer a n d m o r e a c c e s s i b l e p e d e s t r i a n a n d b i c y c l e traffic t h r o u g h t h e c r e a tio n of v isual cues, b i k e lanes, w i d e r w a l k w a y s , c r o ss w alks, A D A accessibility, a n d m o re . Program Applications C o n t a c t o u r o f f i c e to Pedestrian and bicycle facilities learn mo r e or apply! Shared-use pathways and overlooks Mike Hahn, AICP Safe routes to schools projects P l a n n i n g Supervisor, A c t i v e Project co-benefits Tra n s p o r t a t i o n & C o m m u n i t y Historic preservation Connections, Del DOT 302-760-2000 Vegetation management m i c h a e l c . h a h n @ d e l a wa r e . g o v 6 Stormwater management and environmental www.d e l d o t . go v / p ro g ra m s/ ta p protection

WANT TO APPLY? Item 1. Projects must b e community driven for safe & reliable non-motorized transportation Potential project sponsor s s h o u l d first establish if a p r o p os e d project is eligible for T A P f u n d i n g b y d e t e r m i n i n g its qualifying ca te gor y (see application form: https://deldot.gov/Programs/tap) a n d benefit to surface transportation for the public. Potential projects s h o u l d b e identified, listed, or ap p l y to a c o m m u n i t y ' s overall Master P l a n n i n g or C o m p r e h e n s i v e P l a n effort. T he se pla ns are typically a d o p t e d a n d r e c o g n i z e d b y municipalities, c o u n t y de pa r tme nts, other agencies, or non-profits a s part a n o r g a n i z e d a n d up-front p r o g r a m m i n g effort. N o t b e i n g part of o n e of th e se p la n s d o e s not m e a n that a p r o p os e d project will fail to qualify for f u n di ng, however, those that are i n c l u de d are m o r e favorable or m a y b e g i v e n first preference w h e n f u n d s are limited. Project sponsor s ar e l ik e l y to a s s u m e the m a i n t e n a n c e a n d legal liability for the duration of the project’s useful life. A n y project or i gi nate d by a non- qual i f i e d e nti ty or ga n i z ation or individual m u s t h a v e a p r i ma r y q u a l i f i e d a g e n c y a s t h e p r i m a ry sponsor who is willing to accept responsibility. A list of qualifying entities who may apply can be seen here and may include: • Local Governments • Natural Resource or public land agencies • School Districts and local education agencies • MPOs serving an urbanized area with population under 200K • Transit Agency such as DART • Non-Profits • State (at the request of an eligible entity T A P projects are c a p p e d at o n e million dollars for e n g i n e e r i n g d e s i g n a n d construction. Currently in Delaware, T A P f u n d i n g c a n b e r e q u e ste d for u p to 8 0 % of a project’s total e sti ma te d cost. T h e T A P sponsor is responsible for 2 0 % ADDITIONAL INSTRUCTIONS of th e project's d e s i g n a n d t o t a l c onstr ucti on effort a n d m a y contribute m o r e b e y o n d the $1 million c a p s h o u l d this o c c u r or AND APPLICATION FORM ARE b e d e e m e d necessary. S o u r c e s of non-federal transportation FOUND HERE: f u n d i n g a n d s e c u r e d g r a n t s are typically n e e d e d a n d m u s t b e ind i cate d in order to b e d e t e r m i n e d if the y quality a s th e https://deldot.gov/Programs/tap m a t c h . In certain cases, u p to 100% federal m a t c h m a y Questions? occur, b u t this m u s t b e c o n f i r m e d upfront. Want to Discuss Project I de a s? All applications w ithi n the W I L M A P C O jurisdiction s h o u l d Get in touch with our team: b e s u b m i t t e d t h r o u g h their organization and to DelDOT. All 302-760-2000 7 other projects outside of this s u b m i t the application directly michaelc.hahn@delaware.gov to D e l D O T .

Item 1. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Utility) DEPARTMENT OF ORIGIN: Water & Wastewater SUBMITTED ON: Oct. 13, 2023 PREPARED BY: Jason A. Lyon, P.E., Director of Water & Wastewater / Engineering Services REVIEWED BY: David S. Hugg III, City Manager and Lori Peddicord, Controller / Treasurer SUBJECT: Evaluation of Bids – Turnberry Pump Station Replacement TIMETABLE: Notice to proceed to be issued within thirty (30) days of Council approval. Project anticipated to be completed in two hundred and seventy (270) calendar days. RELATED PROJECT: X REFERENCE: X EXPENDITURE REQUIRED: $1,148,888 AMOUNT BUDGETED: $702,000 FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Water & Wastewater- Wastewater Management, CIP Project #WW2406, page 161, account number 403-41- 69-99-000-54031. Remainder of budget to be supplemented by CIP Project #WW2403, Pump Station #7 Upgrades and CIP Project #WW2405 Lepore Road Sanitary Sewer Upgrade. STAFF RECOMMENDATION: Award contract to Teal Construction for the Turnberry Pump Station Replacement, RFP #24-0002WW, for $1,148,888. BACKGROUND AND ANALYSIS: The Fiscal Year 2024 Capital Improvement Plan includes a project to replace the existing Turnberry Pump Station. Installed in 1989, this pump station has exceeded its life expectancy of twenty-five (25) years. The new station will have additional capacity for future growth and will be built with increased efficiency. The bid was advertised to the public as an Invitation to Bid in accordance with the City’s purchasing policy by the City’s Purchasing Agent under ITB #24-0002WW. Bids were opened on September 13, 2023. The City of Dover received one (1) bid shown in the table below: CONTRACTOR LOCATION BASE BID TEAL CONSTRUCTION DOVER, DE $1,148,888 8

Item 1. The shortfall of this bid will be supplemented by a budget amendment from the Lepore Road Sanitary Sewer Upgrade project, which will be reprogrammed for a future year and funds from the Pump Station #7 Upgrade Project, which will be bid out and have a revised project scope. A breakdown of the funding sources is provided below: Funding Description Current Spent / Savings / Requested Proposed Source Budget Encumbered Remaining Change Budget Remaining Wastewater WW2406 – $702,000 $0 $0 $446,900 $1,148,900 Turnberry Pump Station Replacement Wastewater WW2405 – $370,000 $0 $370,000 ($370,000) $0 Lepore Road Sanitary Sewer Upgrade Wastewater WW2403 – Pump $350,000 $0 $350,000 ($76,900) $273,100 Station #7 Upgrades City staff reviewed the submission and found that Teal Construction bid met all requirements for the qualifications of the project. Staff recommends awarding the contract to Teal Construction in the amount of $1,148,888 for the Turnberry Pump Station Replacement Project. 9

Item 1. Exhibit A Turnberry Pump Station Location of Pump Station Not to Scale 10

Item 2. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Utility) DEPARTMENT OF ORIGIN: Water & Wastewater SUBMITTED ON: October 13, 2023 PREPARED BY: Jason A. Lyon, P.E., Director of Water & Wastewater / Engineering Services REVIEWED BY: David S. Hugg, III, City Manager and Lori Peddicord, Controller / Treasurer SUBJECT: Well #9 Change Order TIMETABLE: Notice to proceed to be issued within two (2) days of Council approval. Project anticipated to be completed in sixty (60) calendar days. RELATED PROJECT: X REFERENCE: X EXPENDITURE REQUIRED: $27,400 BUDGET REMAINING: $142,615 FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Water & Wastewater – Water Management, CIP Project #WD2304 CIP Name: Well #9 Improvements Account No.: 210-10-99-99-000-54031. STAFF RECOMMENDATION: Approve change order request from AECOM, Inc. in the amount of $27,400, in accordance with the City of Dover Purchasing Policy & Procedures. BACKGROUND AND ANALYSIS: Per the City of Dover Purchasing Policy & Procedures, section 3.11.B, the City Manager and Controller/Treasurer are authorized to approve change orders that are within fifteen percent (15%) of the originally approved contract. This project involves the design to improve the existing Well #9, which is currently located within a flood plain. The current approved contract for this work is $99,200. The proposed change order, in the amount of $27,400 is greater than fifteen percent (15%) of the original contract. This change order includes design of a variable frequency drive and new pumps for the well. These items were not included in the original design. Staff believes that this is the opportune time to perform this design, to increase future efficiency and operational capabilities. Additionally, this change order includes a fence design that is necessary with the future development of the site as well as flood plain permitting that was not anticipated during the initial contract. City staff believes the proposed change order and finds the proposal fair and reasonable. Staff recommends awarding change order to AECOM, Inc. in the amount of $27,400. 11

Item 3. COMMITTEE ACTION FORM PROCEEDING: Council Committee of the Whole - Utility Committee DEPARTMENT OF ORIGIN: Electric DATE SUBMITTED: Oct 24, 2023 PREPARED BY: Paul Waddell, Electric Director SUBJECT: Electric Service Handbook Revisions REFERENCE: N/A RELATED PROJECT: N/A REVIEWED BY: Dave Hugg, City Manager EXHIBITS: Exhibit A – Electric Service Handbook with Requested Revisions EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: FUNDING SOURCE (Dept./Page in CIP & Budget): TIMETABLE: Enact with Council Approval RECOMMENDED ACTION: Staff recommends approving the presented revisions to the Electric Service Handbook BACKGROUND AND ANALYSIS This Committee Action Form (CAF) is to request approval for the presented changes to the Electric Service Handbook. Many of the changes consist of typographical and minor formatting changes not addressed last year. List of verbiage changes consist of: 1. Page 16, para 2 – Add clarification on the responsibility of service for residential and commercial customers. 2. Page 16, para 2.c. – Add wording concerning pipe and u-guard being supplied or approved by the city. 3. Page 20, Section IV.1.c – Added customer/contractor responsibility of phase verification. 4. Page 24, Section XIV.8. – Specified city’s right to serve and prohibition of selling or re-selling of electricity. This addresses Power Purchase Agreements that are structured to charge the customer by the kilowatt hour. 5. Page 27, para 1 – Added wording regarding disconnection of service to the last sentence. 6. Page 27, Section II.1.e – Added per additional visit to the last sentence. 7. Page 28, Section V.2 & .3 – Referenced Diagrams M1 & M2. 8. Page 31, Section X.1.d – Added outside normal business hours contact. 9. Page 35, Section III.2.b.vii – Added wording prohibiting the sale of energy. 10. Page 46, Section I.3. – Corrected reference to Delaware Code 12

Item 4. COMMITTEE ACTION FORM PROCEEDING: Council Committee of the Whole - Legislative, Finance and Administrative Committee DEPARTMENT OF ORIGIN: Electric DATE SUBMITTED: October 13, 2023 PREPARED BY: Shawn Burgett, Engineering Services & System Operations Superintendent SUBJECT: Evaluation of Bids – Electrical Substation Multiplexer Upgrade REFERENCE: N/A RELATED PROJECT: EE2415- Multiplexer Replacement REVIEWED BY: Dave Hugg, City Manager EXHIBITS: Exhibit A – Bid Tabulations for RFP 24-0005EL EXPENDITURE REQUIRED: $149,814 AMOUNT BUDGETED: $130,000 FUNDING SOURCE (Dept./Page in CIP & Budget): Electric/163 Acct # 411-42-26-99-000-54025 TIMETABLE: Award upon Council Approval RECOMMENDED ACTION: Staff recommends awarding contract to Avista Realtime for the Electrical Substation Multiplexer Upgrade, RFP#24-0005EL, for $149,814. BACKGROUND AND ANALYSIS This Committee Action Form (CAF) is to gain approval for the purchase of 16 multiplexers to be installed at all the electrical substations within the City of Dover. This piece of equipment will be used to update antiquated equipment currently in service across the city. It will also provide increased cyber security reliability across the substation communication network. Additionally, the new multiplexers will have the ability to build a more robust network for future needs. The Request for Proposal was solicited and advertised per the City Purchasing Policy by the Procurement Manager, posted on the City website, and sent directly to multiple vendors the City knew could provide the material and there were two (2) responses. After evaluation it was deemed that the submission from Avista Realtime met the specifications drafted by City of Dover Electric Department. The additional funds required will be transferred from another project that was requested to be canceled after budget preparation was completed. Rank Vendor All in Price Comments Proposal shows willingness to allow network 1 Avista Realtime $149,814 configuration changes. Bidding the exact item outlined in RFP. Offers less services than Avista, does not have COD 2 Phoenix Contact $152,120 business license, Yearly service agreement, $13,560 13

Item 1. ACTION FORM PROCEEDING: City Council Committee of the Whole – Legislative & Financial DEPARTMENT OF ORIGIN: Electric DATE SUBMITTED: October 10, 2023 PREPARED BY: Paul Waddell, Electric Director SUBJECT: Recommendation of Award for McKee Generation Station Abatement and Demolition REFERENCE: N/A RELATED PROJECT: EG2203 & EG2302 (Carryforwards) REVIEWED BY: Dave Hugg, City Manager; Lori Peddicord, Controller EXHIBITS: Recommendation of award from The Energy Authority (TEA) PDF EXPENDITURE REQUIRED: $8,931,603 before Scrap/Credit $6,875,088 after Scrap/Credit AMOUNT BUDGETED: $12,000,000 FUNDING SOURCE (Dept./Page in CIP & Budget): Electric/Page 185 FY23 budget, identified as prior year carryforward in FY24 budget, page 334. TIMETABLE: Award upon Council Approval RECOMMENDED ACTION: Staff recommends awarding contract to Total Wrecking & Environmental, LLC. BACKGROUND AND ANALYSIS The McKee Generation Station located at 880 Buttner Place was retired from service completely in 2021. Since retirement, the city has worked with numerous agencies to develop a Request for Proposal (RFP) for all activities related to the remediation and demolition of the plant and several associated buildings on the property. TEA managed the RFP process with the city and solicited additional expert opinions from Montrose Environmental and Black & Veatch personnel (collectively the “RFP Team”). After the RFP was published, 52 demolition and abatement companies toured the facility on the scheduled site visit days to develop competitive proposals. As part of the evaluation process (and prior to the receipt of the proposals), the RFP Team developed criteria for the prospective bidders to be evaluated to create a “short-list”. Components of this “short-list” criteria were the company’s Experience Modification Rating (EMR), Total Recordable Incident Rate (TRIR), number of OSHA violations, number of Life altering injuries, existence of a Safety Program, experience with manual demolition of hung boilers (minimum of 3 with verified references), financial requirements (Bonding, Credit, Insurance), litigation and sub-contractor information. After the completion of the “short-list” evaluations, there were six companies remaining for the team to continue discussions with. The six companies were contacted and had the opportunity to visit the site one additional time. Each of the six companies also scheduled virtual interviews with the RFP Team. The additional site visits provided the short-listed companies an opportunity to visit the facility with only their staff (no other competing contractors) and they were able to assess the remediation more thoroughly to finalize their demolition cost estimates and proposed potential scrap value. The RFP Team performed virtual interviews with the primary players in each organization to listen to a 30-minute presentation and conduct a question-and-answer session. Once these visits and interviews were complete, the final six companies submitted their best and final offers (BAFO) to the Selection Team which consisted of two members of TEA and the Electric Director. Montrose and Black & Veatch personnel were excluded from the selection team to remove any potential assumptions of collusion due to potential past working relationships with the bidders. There were several pricing factors that the selection team based their recommendation on. These factors were Mobilization, Decontamination/Abatement/Disposal, Demolition, Site Work/Restoration and Remediation. Each factor was submitted in an itemized list to include potential credits, potential scrap values and lump sum costs. Prices ranged from $8.9 - $12.5M prior to deductions of credits and $6.8 - $10.2M after. It is the decision of the selection team to recommend the award of this contract to Total Wrecking & Environmental due to them meeting all qualifications in the short list process and submitting the lowest total base bid. 14

Item 1. Overview and Final Recommendation RFP for McKee Run Generating Station: Decontamination & Demolition October 24, 2023 15

Item 1 Agenda The Energy Authority (TEA) Background: McKee Run Generation Station Overview of the Demolition RFP Evaluation Criteria Short-Listed Entities: Process Final Recommendation 16

Item 1. The Energy Authority The RFP for the McKee Run Generation Station was administered by The Energy Authority in partnership with TEA is a nonprofit portfolio the City of Dover. management, energy trading, and advanced analytics firm that has operated in wholesale energy markets across the U.S. since August 1997. Over the last 12 years of our partnership, Dover has successfully achieved their goal of reliability, budget stability, and long-term resiliency. Energy Dover Risk Management / Management Advisory for Dover 17

Item 1. Background McKee Run Generating Station May 9, 2022 Units 1 and 2: Regulated Material Survey Report In 1962 - constructed to burn coal. completed. In 1972 - converted to use No 6 fuel oil and gas. In 2008 - converted to burn No 2 fuel oil and gas. August 1, 2022 In 2017 - units were retired. Environmental testing begins with Montrose Environmental (HSCA Consultant). Unit 3 In 1972 - constructed to burn gas and No 6 fuel oil. Dec 29, 2022 In 2008 - converted to burn No 2 fuel oil and gas. Remedial Investigation (RI) /Remediation Action (RA) Reports submitted to DNREC May 31, 2021 - operations ceased permanently. Plant has residential areas in close proximity. April 15, 2023 DNREC responds to RI/RA with additional testing requests. 18

Item 1. Environmental Montrose Environmental Solutions (Montrose) conducted an environmentally regulated materials Survey Results survey at the McKee Run site. The asbestos survey included 442 samples taken Regulated Materials from 145 suspect homogenous materials from the Survey Report plant. A pre-demolition lead-based paint survey was performed to evaluate the extent of lead-based Regulated Materials Survey Report provides information regarding asbestos, paint present. PCBs, mercury, lead based paint, oil- containing equipment, batteries, and 16 samples of caulking were collected and analyzed other regulated materials. to evaluate PCBs (polychlorinated biphenyls). The survey was completed to provide Other noteworthy materials discussed in the report baseline information for future include stack residuals, asbestos, cooling water line abatement activities, decommissioning phases, and demolition contractors mastic, coal residuals, bird droppings, etc. 19

Item 1. Environmental Survey Results Site investigated with soil borings for shallow and deep soil, eight monitoring wells, and surface water and sediment samples from McKee Run Creek. Delaware Hazardous Substance Cleanup Act (HSCA) Environmental conditions should not impede demolition. The City of Dover entered into a Scattered low-level exceedance of HSCA screening Voluntary Cleanup Program agreement levels for metals, petroleum hydrocarbons, and with the Delaware Department of PCBs in soils. Low level volatile organics in shallow Natural Resources Environmental ground water (7 to 11 feet below grade). Control (DNREC) on March 14, 2022. Site investigation ongoing under the Negotiation with DNREC on further testing is Delaware Hazardous Substance underway. Cleanup Act. 20

Item 1. RFP Team Subject Matter Experts TEA & City of Dover PT Nielsen Greg Smoot TEA - Consultant Montrose Environmental Power Plant Environmental Project Consultant Manager Michelle Straley Arline Newton Paul Waddell TEA TEA City of Dover RFP Coordinator / Account Director Electric Director Product Manager Brian Colson Elaine Coombe Black & Veatch Black & Veatch Demolition Manager Project Discipline Engineer 21

Item 1. RFP 52 Overview Hosted on TEA’s RFP Marketplace # Companies at Bid-Walk (Contractors and Sub- Contractors) 93 # RFP Views (unique individuals) https://rfpmarketplace.teainc.org 57 # of Companies that # Attendees at Kick-off Meeting Submitted Bids (mandatory attendance) 05/31/23 - RFP Published 08/04/23 - RFP Responses Due 22

Item 1. Initial Evaluation Criteria Highlights of Key Criteria* Experience Safety Other Hung Boilers, Must be >= 3 Firm's EMR Value, Must be <= 1 Completeness of Bid Package Preference for mechanical EMR, or experience modification rating is a Were all major components of bid package calculation used by insurance firms to price the submitted within deadline? demolition (in lieu of explosives) cost of workers’ compensation premiums. The Experience must be verifiable via rating reflects a variety lagging indicators, such phone calls with references. as injury costs or claim history, and offers a Financial Requirements prediction of future risk. Overall power plant experience Number of Fatalities and Life- Attendance at Mandatory Pre- Altering Injuries within past 3 Meeting and Bid-Walks years Number of OSHA violations within past 3 years *Not a Comprehensive List of all Evaluation Criteria 23

Item 1. Brandenburg Industrial Services FR Beinke and RE Pierson SHORT A Joint Venture LIST GSD Companies Independence Excavating 6 Companies Remained After National Salvage and Service Corp Initial Evaluation Total Wrecking & Environmental 24

Item 1. Process for All Bidders were asked to submit Best and Final Offers. Short-listed Prior to submitting updated/final pricing, Bidders Bidders had the opportunity to: Visit the site one more time (private visit). Present and showcase their company and their proposed demolition plans in an interview. Answer 47 questions provided to them in advance pertaining to Project Approach, Methodology, Project Team/Procedures, and Estimations. 25

Item 1. Interview Presentation Guidelines Structure About Your Company Overall Power Plant Experience Bidders were scheduled for virtual interview via Zoom. In the Company’s Lifetime: # of Hung Boilers with Demolished with Mechanical means 1.5 Hour Timeslot Project Approach / Methodology 30 min Presentation Schedule, Assumptions Surrounding Asbestos Removal and Noise and Abatement 30 min for Advance Questions Sent Highlights of Company Safety Programs 30 min for Additional Q&A Project Team - Key People 26

Item 1. Interview Do you intend to pull the boilers towards the rear or to the side? How does your approach impact dust? Project Questions Approach / Have your field supervisors and crew members, who are on Methodology your payroll, worked on a project to selectively dismantle or mechanically demolish a hung boiler power plant of equal or greater size? If so, please describe. Some of the 47 questions Will you always have full‐time office staff on site? asked are shown here. Will there be always a full‐time project manager on site? Bidders submitted answers to these questions in writing Procedures Will you have a full‐time site safety officer? after their interviews were Will you provide a site‐specific safety and emergency completed. procedure plan? What is your Change Order Procedure? 27

Item 1. Short-list Evaluation Process RFP Team Evaluation Best & Final Evaluation RFP Team had discussions after each Final review of updated pricing and bidder’s interview. A final summary scheduling. meeting also was held to review the results prior to receipt of Best & Final offers. Evaluation of Credit Worthiness Conclusion: All bidders were qualified to perform Note: Montrose and Black & Veatch personnel the demolition and proposed acceptable were excluded from the final evaluation to remove workplans. The primary remaining variables were any potential assumptions of collusion due to price and schedule. potential past working relationships with the bidders. 28

Item 1. Best and Final Offers Lump-Sum Company Name Project Length Total Bid Approx. Incl. Scrap Value Credit Total Wrecking & Environmental 12.0 months $ 6.88 MM Brandenburg Industrial 12.9 months $ 7.39 MM To simplify the chart , additional GSD Companies 15.3 months $ 7.58 MM caveats and adders are not shown. These adders did FR Beinke and RE Pierson 12.0 months $ 8.68 MM not impact the final A Joint Venture recommendation. Independence Excavating 10.2 months $ 9.70 MM National Salvage & Service Corp 14.3 months $ 10.27 MM 29

Item 1. Recommendation for Winning Bidder Total Wrecking & Environmental, LLC, is a national, fourth- generation industrial demolition and environmental abatement contractor based in Buffalo, NY, serving clients nationwide. As an experienced and trusted leader in the demolition services industry, Total Wrecking has an extensive track record of providing safe, cost-effective solutions for a broad range of demolition projects and industries. https://www.totalwrecking.com/ 30

Item 1. THANK YOU Questions? 31

Item 2. ACTION FORM PROCEEDING: Council Committee Meeting of the Whole – Legislative Finance and Administration Committee DEPARTMENT OF ORIGIN: Planning, Inspections and Community Development DATE SUBMITTED: October 18, 2023 PREPARED BY: Mary Ellen Gray (former Planning Director) and Dawn Melson-Williams, Principal Planner SUBJECT: Concepts on Potential Revisions to Zoning Ordinance for C-2 (Central Commercial Zone) associated with the Transforming Downtown Dover: Capital City 2023 Plan REFERENCES: Dover Code of Ordinances, Appendix B: Zoning (known as Zoning Ordinance) and the 2019 Comprehensive Plan RELATED PROJECT: Transforming Downtown Dover: Capital City 2023 Plan, a Strategic Master Plan for Downtown Dover area prepared by consultants for the Downtown Dover Partnership EXHIBITS: • September 26, 2023 Memo titled “Potential Revisions to Zoning Ordinance for C-2 Central Commercial Zone) • Chart of “Potential Revisions to Zoning Ordinance for C-2 (Central Commercial Zone)” EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a TIMETABLE (proposed): • Review of Concepts and Workgroup Activities at City Council Committee of the Whole: Legislative, Finance & Administration Committee Meeting of October 24, 2023 • Staff to Draft Text Amendment language for Proposed Ordinance(s) • Presentation of Proposed Ordinance (Text Amendments/First Reading language) to City Council Committee of the Whole: Legislative, Finance and Administrative Committee Meeting of November 28, 2023 • First Reading of Proposed Ordinance at City Council Meeting of December 11, 2023 for Referral and Setting of Public Hearing dates • Public Hearing and review for Recommendation of Proposed Ordinance by Planning Commission at Meeting of January 16, 2024 • Public Hearing and Review for Final Action by City Council at Meeting of February 12, 2024 STAFF RECOMMENDATION: Allow Staff to draft Text Amendment language (Proposed Ordinance) from presented Concepts of Revisions to C-2 (Central Commercial Zone) and associated provisions of the Zoning Ordinance BACKGROUND AND ANALYSIS Introduction The Transforming Downtown Dover: Capital City 2030 (Transforming Downtown Dover) focused on a range of physical and programmatic solutions to provide a fresh and integrated approach to transform Downtown Dover and the surrounding area into a vibrant, thriving community and regional destination. https://www.downtowndoverpartnership.com/ddp/downtown-dover-strategic-master-plan/ 32

Item 2. CAF Form for CCOW-LFA Meeting 10-24-2023: Revisions to C-2 Zone Page 2 of 4 Background The Downtown Dover Master Plan Code Revisions Workgroup (Workgroup) was organized earlier this year with the purpose of reviewing the Dover Code of ordinances and other comparable codes for revitalized downtowns and to see what changes could/should be made based on the Transforming Downtown Dover Plan. This Workgroup put together a list of suggested changes (please see attached Memo dated September 26, 2023 “Potential Revisions to Zoning Ordinance for C-2 (Central Commercial Zone)” and set up a series of public meetings during the week of October 8, 2023 to ascertain public feedback. https://www.cityofdover.com/events/80107/ Prior to drafting text amendments to the Ordinance, the potential changes are articulated in Concept form. Then based on City Council input and other stakeholders and public input, proposed text amendment language will be drafted and presented to City Council for further discussion and review at a future meeting. Since most of the Downtown area is zoned C-2 (Central Commercial Zone), the proposed changes focus on the C-2 zoning district. Comments from Public Meetings The following Workshop & Meetings on C-2 Code Amendments associated with the Transforming Downtown Dover-Capital City 2030 Plan were held. The number of attendees at each activity is listed. The events included a series of presentation boards of the Potential Revisions, the Tentative Timeline, and informational maps of area for viewing and also a PowerPoint Presentation of the same information. Conversations and discussions of these items occurred with Planning Staff and the participants. Comment sheets and post-its gathered written comments. • October 10, 2023 at 1:30 pm in City Hall Conference Room at Dover City Hall with Business Interests, Realtors, and Others. Participants: 3 • October 11, 2023 from 4:00-7:00 pm in Council Chambers at Dover City Hall - Walk-in Workshop with public. Participants: 10 • October 12, 2023 at 11:00 am in City Hall Conference Room at Dover City Hall with Engineers, Developers, and Others. Participants: 4 The following is a summary of the comments heard and received. These are listed by topic area and numbered only for listing purposes (not priority). Some comments were heard multiple times but are only listed once in this summary table. Uses 1. Support building use for gyms and physical fitness 2. Appreciate the opportunity for outdoor dining! 3. Value parklets and benches 4. Clarify language for “manufacturing” due to concerns with potential scale of activity. 5. Suggest using the term “production facility” for manufacturing. 6. Are food trucks allowed? 7. Encourage fine dining restaurants. 8. Business incubator idea being planned for a Downtown location. 9. Retail shopping has changed over time – i.e., online purchases. 10. Commercial now is more about people/human focused activities for services and entertainment. 11. Manufacturing should allow for craftsman-like activities. 12. Clarify what is meant by accessory use activities with apartments. Re-word as language is confusing. 33

Item 2. CAF Form for CCOW-LFA Meeting 10-24-2023: Revisions to C-2 Zone Page 3 of 4 13. Great ideas for new uses. 14. Moderate to heavy manufacturing is not appropriate. 15. Could manufacturing be a Conditional Use or have conditions similar to manufacturing in the C-3 zone. 16. How to allow micro/cottage manufacturing Building 1. Clarification needed for the process of setting aside percentage of affordable units in projects that include residential. Is this for only above 6 stories? Height 2. Questions on 20 foot setback for upper floors. Could something less work and how does it affect interior space. 3. At what floor would the setback have to be implemented? 4. The ‘cake style’ tier is appropriate for visual proportions. 5. Idea for roof top amenities 6. Questions on setback from ground level. 7. Question on how 10 stories impacts density and what is value of the ‘wedding cake style” setbacks. 8. The setback of 20 feet seems like a lot. Maybe look at a more stair stepped approach. 9. Have an architect look at the proposed for setbacks. Is there anything in the Building Codes associated with construction that could inform this? 10. Where should the step back start – at fourth floor or sixth floor? 11. Like step back concept but how to do it and also allow maximum development 12. Is setback on all sides for just front? 13. The 10 story height could be controversial. 14. Like opportunity for 10 story buildings Parking 1. Appreciate no parking requirement for new construction due to available transportation options and that developers will use their knowledge to plan for the parking needs of tenants. 2. Reword “eliminate” parking to read as “no parking minimum” requirement. 3. Reduce parking requirement, don’t eliminate it. 4. Concern with Bradford Street for residential parking 5. Note habits of area and perception of safety issues 6. More people are walking. 7. Management of the parking system including wayfinding 8. Developer will build parking to the expectations of tenants. 9. Current parking rates seem high. Changes will lead to more walkable district. 10. Look at global parking solutions rather than by building. 11. Parking is expensive to build for a developer. 12. Good idea to eliminate parking rates based on use in Downtown area. 13. Concerns about the “no parking requirement” 14. Look at reduced requirements for parking or options of shared parking garage or lot. 15. Consider the number of parking spaces needed for apartments based on a rate associated with bedroom count. 16. How to balance parking burden between public sector and the developer Miscellaneous 1. Need to address sufficient Dumpster space for increasing number of restaurants. 2. Concerns with impacts of unhoused populations 3. Will there be a material palette selection that allows for an easier process or fast 34

Item 2. CAF Form for CCOW-LFA Meeting 10-24-2023: Revisions to C-2 Zone Page 4 of 4 track process? 4. How to build modern but respect the heritage of area. 5. Did the proposal for redevelopment of 120 South Governors street play into the development of these proposed changes? 6. There is a positive reaction for change in Dover. 7. Remember compatibility but also allow for creativity. 8. Think about streetscape and maintain walkability. 9. Concerns with idea of a fund for tree mitigation, but it is an innovative idea. 10. Changes have potential to bring life to Downtown. Suggested Changes Per the feedback we received, we have articulated the proposed changes in the enclosed chart “Potential Revisions to Zoning Ordinance for C-2 (Central Commercial Zone). The proposed changes are listed in the column titled “Recommended Concepts for Revision.” These potential changes are categorized into four topic areas and are numbered 1 through 23 for ease of discussion. These include: • Uses • Building Height • Parking • Miscellaneous These are presented as concepts only and not formal ordinance (text amendment) language and format. Proposed Timeline Dates: The following timeline has been developed for the review, drafting, and associated formal review process for these Text Amendments to the Zoning Ordinance. These dates are preliminary and may be subject to change depending on meeting schedules and preparation tasks and review processes. The formal review process for Text Amendments to the Zoning Ordinance is outlined in Dover Code of Ordinances, Appendix B: Zoning, Article 10 Section 5. Amendments. • October 24, 2023: Review of Concepts and Workgroup Activities at City Council Committee of the Whole: Legislative, Finance & Administration Committee Meeting • October – November 2023: Staff to Draft Text Amendment language for Proposed Ordinance(s) • November 28, 2023: Presentation of Proposed Ordinance (Text Amendments/First Reading language) to City Council Committee of the Whole: Legislative, Finance and Administrative Committee Meeting • December 11, 2023: First Reading of Proposed Ordinance at City Council Meeting for Referral and Setting of Public Hearing dates • January 16, 2024: Public Hearing and review for Recommendation of Proposed Ordinance by Planning Commission • February 12, 2024: Public Hearing and Review for Final Action by City Council Attachments: • September 26, 2023 memo titled “Potential Revisions to Zoning Ordinance for C-2 (Central Commercial Zone)” • Chart “Potential Revisions to Zoning Ordinance for C-2 (Central Commercial Zone)” 35

Item 2. MEMORANDUM Department of Planning, Inspections & Community Development P.O. Box 475 Dover, DE 19903 Phone: (302) 736-7196 Fax (302) 736-4217 DATE: September 26, 2023 TO: Interested Stakeholders and Citizens of Dover FROM: Mary Ellen Gray, AICP, Director of Planning, Inspections and Community Development VIA: Downtown Dover Master Plan Code Revisions Workgroup SUBJECT: Potential Revisions to Zoning Ordinance for C-2 (Central Commercial Zone) Introduction The Transforming Downtown Dover: Capital City 2030 (Transforming Downtown Dover) focused on a range of physical and programmatic solutions to provide a fresh and integrated approach to transform Downtown Dover and the surrounding area into a vibrant, thriving community and regional destination. https://www.downtowndoverpartnership.com/ddp/downtown-dover- strategic-master-plan/ Background The Downtown Dover Master Plan Code Revisions Workgroup was organized earlier this year with the purpose of reviewing the Dover Code of ordinances and other comparable codes for revitalized downtowns and to see what changes could/should be made based on the Transforming Downtown Dover Plan. Suggested Changes Prior to drafting text amendments to the Ordinance, potential changes are articulated in concept form. Then based on City Council input and other stakeholders and public input, proposed language text amendment language will be presented to City Council for further discussion and review at a future meeting. Since most of the Downtown area is zoned C-2 (Central Commercial Zone), the proposed changes focus on the C-2 zoning district. The suggested revisions to the C-2 (Central Commercial Zone) include: • Add or Revise the following Uses: o Make parking lot/parking structure as a permitted use (not conditional use) o Microbrewery/craft distillery/meadery 1 36

Item 2. o Commercial kitchen o Manufacturing (remove conditions) o Allow accessory apartment associated uses on first floor on Loockerman Street o Pop-up kitchen/restaurant/retail o Place of public assembly permitted use (not conditional use) o Clarify process for outdoor use – i.e. patios, eating areas, parklets • Parking o No minimum parking requirement for new construction1 o Eliminate parking requirement in Downtown Redevelopment Target Area • Bulk Standards o Building Height ▪ The current height maximum allowance is 6 stories and 75 feet. Consider 10 stories and 125 feet. • If building is above 3 stories, then upper floors need to be setback 20’ (wedding cake style) ▪ Consider Residential 10% set aside of units for affordable units for every floor above 6 stories and 75 feet. Can be put into an affordable housing fund for non-profits. o Consider removing any lot coverage restrictions. Not Specific to Central Commercial Zone (C-2) • Tree Planting requirements o Allow for tree mitigation fund whereby a donation to the fund can be made. • Dumpster requirements o Eliminate Dumpster rate but keep screening and enclosure requirements. Next Steps Per the enclosed Central Commercial Zone (C-2) Text Amendment Timeline, the above-described concepts will be presented to the public in a series of meetings for their review and input. After these meetings, Planning Staff will prepare draft text amendment language for further public review and input and the formal review process with Planning Commission and City Council. Tentative Timeline • Stakeholder meetings o October 10, 2023 at 1:30 pm in City Hall conference room at Dover City Hall with Central Delaware Chamber of Commerce members, Realtors, et al o October 12, 2023 at 11:00 am in City Hall conference room at Dover City Hall with Engineers, Developers, et al 1 Currently there is no minimum parking requirement for existing buildings in C-2. 2 37

Item 2. o October 11, 2023 from 4:00-7:00 pm in Council Chambers at Dover City Hall - Walk-in workshop with public • Presentation of concepts to Council Committee of the Whole meeting October 24, 2023 • Presentation of text amendments for First reading to Council Committee of the Whole meeting November 28, 2023 • First Reading by City Council – December 11, 2023 • Review and Public Hearing Referral and Recommendation by Planning Commission, Tuesday January 16, 2024 • Public Hearing and Final Reading by City Council February 12, 2024 In the meanwhile, please don’t hesitate to reach out to me with any questions or concerns at 302- 736-7196 or mgray@dover.de.us. Thank you. Attachments: - Central Commercial Zone (C-2) Code https://library.municode.com/de/dover/codes/code_of_ordinances?nodeId=PTIICOOR_A PXBZO_ART3DIRE_S13CECOZO - Zoning Bulk and Parking Regulations Central Commercial (C-2) https://library.municode.com/de/dover/codes/code_of_ordinances?nodeId=PTIICOOR_A PXBZO_ART4ZOBUPARE_S4.14ZO - Off-Street Parking, Driveways and Loading Facilities https://library.municode.com/de/dover/codes/code_of_ordinances?nodeId=PTIICOOR_A PXBZO_ART6OREPADRLOFA 3 38

Item 2. Section 13. Central commercial zone (C-2). 13.1 Uses permitted. In a central commercial zone (C-2), no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any purpose, except the following: (a) Retail stores. (b) Restaurants. (c) Hotels, including bed and breakfast inns. (d) Art galleries and studios. (e) Service establishments. (f) Personal service establishments. (g) Business, professional, and government offices. (h) Apartments and multi-family dwellings, provided that no dwelling units shall be permitted in the first floor on the street frontage of Loockerman Street. 13.2 Conditional uses. The following uses are permitted, conditional upon the approval of the planning commission in accordance with the procedures and subject to the general conditions set forth in article 10, section 1: (a) Parking lots and parking structures as a principal use. (b) Places of public assembly. (c) Manufacturing, assembling, converting, altering, finishing, cleaning, or any other processing of products where goods so produced or processed are to be sold at retail exclusively on the premises, provided that: (1) An area fully concealed from any street and equal to not more than 20 percent of the area devoted to retail sales shall be so used; (2) Electrical power not to exceed a total of five rated horsepower, and steam pressure not in excess of 60 pounds of pressure per square inch shall be used exclusively; (3) Not more than four employees are engaged in such production or processing. 13.3 Uses prohibited. The following uses are prohibited: (a) Fuel pumps and motor vehicle storage, sales, or repairs. 13.4 Enclosed buildings. All permitted uses and all storage accessory thereto, other than offstreet parking, shall be carried on in buildings fully enclosed on all sides, except for outdoor eating areas associated with restaurants and outdoor sales areas approved by the city planner. 13.5 Performance standards. All uses are subject to performance standards as set forth in article 5, section 8.1. 13.6 Site development plan approval. Site development plan approval in accordance with article 10, section 2 hereof shall be required prior to the issuance of building permits for the erection or enlargement of all structures and prior to the issuance of certificates of occupancy for any change of use. (Ord. of 1-14-1980; Ord. of 6-24-1985; Ord. of 4-25-1994; Ord. of 12-8-1997; Ord. of 7-10-2000; Ord. of 2-12-2001; Ord. No. 2008-33, 8-25-2008; Ord. No. 2014-08, 7-14-2014 ) Created: 2023-09-08 15:35:48 [EST] (Supp. No. 38, Update 2) Page 1 of 1 39

Item 2. Section 4.14. [C-1, C-1A, C-2, C-2A zones.] Bulk and parking regulations for neighborhood commercial (C-1), limited commercial (C-1A), central commercial (C-2), and limited commercial (C-2A) zones are as follows: C-1 C-1A C-2 C-2A Minimum required: Lot area (sq. ft.) 2,500 Lot width (ft.) 25 Lot depth (ft.) 70 100 Front yard (ft.) 25 25 0 15 Side yard (ft.) None None None None required, but 5 required, but required, but required, but feet min. if 5 feet min. if 5 feet min. if 5 feet min. if provided provided provided provided Rear yard (ft.) 15 15 20 above 20 above ground floor. ground floor. At ground At ground floor, 5 ft. floor, 5 ft. required required Side or rear yards which 15 15 15 25 adjoin a residential zone (ft.) Off-street parking Per 300 sq. ft. floor area or 1 Per employee (whichever is 1 greater) Maximum permitted: Building height Stories 2 2 6 6 Feet 30 30 75 75 Floor area ratio 1.0 1.5 4.0 4.0 (Ord. of 4-25-1994; Ord. No. 2008-33, 8-25-2008; Ord. No. 2014-08, 7-14-2014 ) Created: 2023-09-08 15:35:49 [EST] (Supp. No. 38, Update 2) Page 1 of 1 40

Item 2. PART II - CODE OF ORDINANCES APPENDIX B - ZONING ARTICLE 6. OFF-STREET PARKING, DRIVEWAYS AND LOADING FACILITIES ARTICLE 6. OFF-STREET PARKING, DRIVEWAYS AND LOADING FACILITIES Section 1. Permitted accessory parking. 1.1 Off-street parking spaces. Off-street parking spaces, open or enclosed, are permitted accessory to any use. One commercial vehicle may be parked on a lot in any residence zone only if less than one ton in carrying capacity. 1.2 Trailers and boats. The long-term use of a recreational vehicle as a residence by any person or persons is prohibited in all zones. A boat with its trailer or a utility trailer, under 31 feet body length or an unoccupied recreational vehicle, may be parked within a garage or anywhere behind the setback line if screened from adjacent lots. However, none of the vehicles shall be parked in a required side yard if alley parking adjacent to the lot is available. 1.3 Driveways. No driveway shall provide access to a lot located in another zone, which lot is used for any use prohibited in the zone in which such driveway is located. 1.4 The minimum width of a residential driveway shall be nine feet. 1.5 Access drives. In areas under the joint or overlapping jurisdiction of the Delaware Department of Transportation and the City of Dover, the regulations of the Delaware Department of Transportation relating to ingress and egress drives shall apply. (Ord. of 9-12-1983; Ord. of 1-10-1996; Ord. of 11-13-2007; Ord. No. 2016-16 , 8-8-2016; Ord. No. 2017-12 , 10-9- 2017) Section 2. Permitted accessory loading berths. 2.1 Off-street loading berths, open or enclosed, are permitted accessory to any use, except residences for one or two families. However, no off-street loading berth shall be located in a front yard. Section 3. Required off-street parking spaces. 3.1 Schedule of requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for any lot as specified in Article 4—Zoning Bulk and Parking Regulations, or as specified below for each use in any zone, whichever is greater. (a) Exceptions. i. Where Article 3—District Regulations, specifies a minimum parking requirement, this parking requirement shall prevail. ii. For existing buildings within the C-2 zoning district, the requirements of Article 4, Section 4.14— [C-1, C-1A, C-2, C-2A zoned], bulk and parking regulations governing the C-2 zoning district shall prevail. For: At Least One Parking Space For Each Places of worship Two hundred (200) square feet of floor area, but not less than one (1) space for each four (4) seats, where provided Dover, Delaware, Code of Ordinances Created: 2023-09-08 15:35:50 [EST] (Supp. No. 38, Update 2) Page 1 of 7 41

Item 2. Libraries Three hundred (300) square feet of floor area Medical offices—All types Three hundred (300) square feet of floor area Nursery school or kindergarten Adult attendant, plus one for every 20 children Elementary or junior high school Eight (8) seats in main auditorium/cafeteria or gymnasium High school, technical school, college or university Five (5) seats in main auditorium/cafeteria or gymnasium; if none, see Article 4—Zoning, Bulk and Parking Regulations Hospitals or sanitariums Three beds Apartments Two (2) per dwelling unit and one (1) for every two hundred (200) square feet of office space and 0.25 per dwelling unit for visitor space Roominghouses Guestroom Dormitories Three (3) beds Eating and drinking places Four (4) seats plus one (1) for every three (3) bar seats Funeral homes Two (2) employees, plus five (5) spaces for each chapel Hotels and motels Guestroom, plus one (1) for every 200 square feet of office space, banquet hall, or meeting areas Athletic fields, baseball, football or boxing stadiums Three (3) seats and arenas; race tracks Golf courses Per employee and four (4) parking spaces for each hole Golf or baseball driving range One-half (½) stall Airports Per employee and for each two (2) airplanes in storage 3.2 Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport, or other area available for parking, other than a street or driveway. However, a driveway within a required front yard for a one-family or two-family residence may count as one parking space, other than a corner lot as provided in article 5, section 1.3. 3.3 Location and ownership of required accessory parking facilities. Required accessory parking spaces, open or enclosed, may be provided upon the same lot as the use to which they are accessory, or elsewhere, provided all spaces therein are located within 150 feet walking distance of such lot. In all cases, such parking spaces shall conform to the regulations of the district in which they are accessory and shall be subject to deed restriction, filed with the city clerk, binding the owner and his heirs and assigns to maintain the required number of spaces available either: (a) Throughout the existence of such use to which they are accessory; or (b) Until such spaces are provided elsewhere. 3.4 Size of spaces. The minimum parking space dimensions shall be at least nine (9) feet in width and at least 18 feet in length. Disabled accessible spaces shall meet ADA requirements. 3.5 Access. Unobstructed access to and from a street shall be provided. Each drive lane shall have at least ten feet of width so that one-way drives have at least ten feet of width and that two-directional drives have two lanes of ten feet each. Unless otherwise specified within this section, access shall be provided by at least one two-directional drive lane or two one-directional drive lanes. 3.6 Drainage and surfacing. Created: 2023-09-08 15:35:50 [EST] (Supp. No. 38, Update 2) Page 2 of 7 42

Item 2. (a) All open permanent parking areas and access drives shall be properly drained and all such areas shall be provided with paved asphalt, concrete or other hard, paved, dust-free surface. (b) All permanent parking areas shall be enclosed with upright concrete curbing at least six inches in height. The city planner may relax this requirement for a portion of a parking area when there is a demonstrated need to convey stormwater to a proposed or approved stormwater management area. Curbing shall not be required for loading areas, handicapped access and for parking spaces accessory to a one-family or two-family residence (see also article 6, section 5.3). 3.7 Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve, jointly, two or more establishments, whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not less than the total required for all such establishments. 3.8 Combined spaces. When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the planning commission may reduce the total parking spaces required for that use with the least requirement. (a) Campus Parking Plan. When a new building or building addition is made to a campus involving multiple buildings under common ownership where one or more of the uses will be generating demand for parking when the other use or uses are not in operation, the applicant shall present a campus parking plan as a part of the site development plan that includes an analysis of the parking needs based on the provisions of section 3.8 of this article. 3.9 Adjustments to parking requirements. The planning commission or city planner, according to the type of plan review required by appendix B, zoning, article 10, planning commission, may reduce, in an amount not to exceed 50 percent, the number of parking spaces required when, in the opinion of the commission, it has been demonstrated that the use is adequately served by transportation and parking alternatives, including but not limited to: (a) Site plan proposals within the downtown redevelopment target area, as described in appendix C of the Dover Code of Ordinances, may be granted a 20 percent reduction in the amount of off-street parking normally required, due to the availability of mass transit, municipal parking and existing pedestrian amenities. (b) Designated off-street parking reserved for car pools, van pools, and bicycle parking facilities, in accordance with the following schedule: (1) Each carpool space shall be equivalent to three standard parking spaces. (2) Each vanpool space shall be equivalent to five standard parking spaces. (3) Every group of five bicycle parking spaces shall be equivalent to one standard parking space. (c) Employer participation in a traffic-mitigation plan approved by the Delaware Department of Transportation. (d) Cash-in-lieu of parking contributions toward the capital construction or improvement of municipal parking facilities that are proposed. The cash-in-lieu of parking contribution shall be in a monetary amount equivalent to the estimated cost of construction for the number of standard surface parking spaces for which the reduction is sought. To take advantage of this option, the developer shall submit to the city engineer a cost estimate for the parking requested to be waived. The city engineer shall examine the estimate for accuracy in current prevailing costs of construction at the time of proposal and shall report to the planning commission his/her findings. Created: 2023-09-08 15:35:50 [EST] (Supp. No. 38, Update 2) Page 3 of 7 43

Item 2. (e) Proposals involving superior urban design which contribute to an enhanced pedestrian environment and which include such features as pedestrian plazas and pocket-parks, pedestrian-way connections with existing sidewalk systems and community facilities, park benches and other street furniture, mass transit connections and shelters, and landscaping and shade tree plantings. In all areas, except the downtown redevelopment target area, the planning commission or city planner, according to the type of plan review required by appendix B, zoning, article 10, planning commission, may require the development plans to have an area of open space designated where parking could be constructed less than or equal to the number being reduced. In such cases the plan shall bear a note which explains that the petitioner, in accepting a parking reduction, agrees to construct such additional parking as is otherwise required under the provisions of this appendix, if the planning commission, after a hearing, determines that the reasons for granting said reduction no longer exist. In all such instances where the planning commission determines that the reasons for granting a reduction no longer exist, the owner of record for the subject property for which a reduction was previously granted must construct the parking required to meet the regulations of the city during the next construction season. 3.10 Bicycle parking. Bicycle parking shall be provided for parking spaces at a rate of one bicycle parking space for every 20 parking spaces or a fraction thereof. The planning commission may waive the requirement for the bicycle parking if it is demonstrated that bicycle parking would not be appropriate for safety reasons or due to the nature of the use of the site. 3.11 Reserved. (Ord. of 12-14-1992(2); Ord. of 4-25-1994; Ord. of 9-13-1999; Ord. of 4-23-2007(4) ; Ord. No. 2009-12, 9-14-2009; Ord. No. 2009-30, 3-8-2010; Ord. No. 2011-29, 1-9-2012; Ord. No. 2011-29, 1-9-2012; Ord. No. 2017-12 , 10-9- 2017; Ord. No. 2018-06 , 8-27-2018) Section 4. Required off-street loading berths. 4.1 [Uses for which required.] Accessory off-street loading berths shall be provided for any lot or any use specified herein. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purposes of such requirements. Loading berths shall be designed and located so as not to impede fire lane access or the safe and efficient vehicular and pedestrian circulation and shall be in accordance with the following: 4.11Dimensions. One required off-street loading berth shall have minimum dimensions of 12 feet wide and 60 feet long. If more than one loading berth is required, subsequent berths may have minimum dimensions of 12 feet wide and 40 feet long. At no time shall any part of a truck or van be allowed to extend into a public thoroughfare or right-of-way while the truck or van is being loaded or unloaded. If the outdoor loading area is covered, but not totally enclosed, the minimum height of the outdoor loading berth area shall be 14 feet. 4.12Maneuvering space. Adequate off-street truck maneuvering space shall be provided on-lot and not within any public street right-of-way or other public lands. Internal site circulation lanes are to be designed with adequate turning radii to accommodate the size and efficient maneuvering of delivery vehicles. 4.13Location. Loading berths must be functionally related to the building, and be situated where actual loading and unloading activities are intended to occur. Loading berths located remotely from the building will not be permitted, unless the applicant can demonstrate the utility of such berths. Loading berths are not permitted between the street and building, except where a property fronts on three or more streets. This [sub]section of the ordinance shall not preclude the designation of an area in front of the building for parcel pick-up, mail deliveries, or passenger loading. Created: 2023-09-08 15:35:50 [EST] (Supp. No. 38, Update 2) Page 4 of 7 44

Item 2. 4.14Obstructions. All loading berths and maneuvering spaces shall be accessible at all times. 4.15Fire exit or emergency access. Off-street loading facilities shall be designed so as not to interfere with any fire exits or emergency access facilities to either a building or site. 4.16Maximum number of loading berths required. For buildings up to 150,000 square feet, a maximum of three loading berths will be required. Additional loading berths are permitted if needed by the property owner or occupant. 4.2 Loading berths required. Off-street loading berths will be required for the following uses: 4.21 For a public library, museum, art gallery, or similar quasi-public institution, or governmental building, community center, hospital or sanitarium, nursing or convalescent home, institution for children or the aged, or school with [a] floor area of 10,000 square feet, one berth, [and] for each additional 25,000 square feet or fraction thereof, one additional berth. 4.22 For buildings with professional, governmental, or business offices, or laboratory establishments with [a] floor area of 10,000 to 25,000 square feet, one berth, [and] for each additional 25,000 square feet or fraction thereof, one additional berth. 4.23 For buildings with retail sales and service establishments, one berth for 8,000 square feet to 25,000 square feet of floor area, and one additional berth for each additional 25,000 square feet of floor area or fraction thereof so used. 4.24 For funeral directors, one berth for each chapel. (Such berths shall be at least ten feet wide, 20 feet long, and 7½ feet high, in lieu of the standard dimensions found in [sub]section 4.11 above.) 4.25 For hotels, one berth for each 25,000 square feet of floor area, or fraction thereof. 4.26 For manufacturing, wholesale and storage uses, and for dry cleaning and rug cleaning establishments and laundries, one berth for 5,000 to 10,000 square feet of floor area in such uses, and one additional berth for each additional 10,000 square feet of floor area or fraction thereof so used. 4.27 For manufacturing, wholesale, or storage uses in the M or IPM zone, and for buildings in excess of 150,000 square feet in any zone, sufficient off-street loading berths shall be provided. Staff will determine the sufficiency of the loading berths after reviewing written documentation from the applicant through the site plan review process. 4.3 Joint facilities. Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve, jointly, two or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be less than the total required for all such requirements. 4.4 Planning commission waiver. The planning commission may waive required loading berths in the following instances: 1) On an improved lot, when it can be demonstrated that retrofitting the site for loading berth(s) is impractical or impossible; 2) When the applicant can demonstrate that the intended use is such that no deliveries by large vehicles is expected, now or in the future; 3) When the applicant can demonstrate that the requirements of this ordinance are far in excess of [the] actual needs on the site; 4) In the downtown redevelopment target area, where on-street loading areas are provided nearby. In all cases, except in the downtown redevelopment target area, land for at least one standard sized loading berth meeting all requirements of this ordinance must be reserved. The city planner may direct that this loading berth be constructed by the owner of record due to any change in use for the site, or if the department of planning and Created: 2023-09-08 15:35:50 [EST] (Supp. No. 38, Update 2) Page 5 of 7 45

Item 2. inspections determines that large vehicles are loading and unloading on the site, creating the need for the loading berth. (Ord. of 9-13-1999) Section 5. Supplementary regulations for parking and loading facilities. 5.1 Access near street corners. No entrance or exit for any accessory off-street parking area with over ten parking spaces, nor any loading berth shall be located within 50 feet of the intersection of any two street lines. 5.2 On lots divided by zone boundaries. When a lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces or loading berths shall apply to all of the lot. Parking spaces or loading berths on such a lot may be located without regard to district lines, provided that no such parking spaces or loading berths shall be located in a residence zone, unless the use to which they are accessory is permitted in such zone, or by special permission of the board of adjustment. 5.3 Supplementary parking regulations for multiple dwellings. No parking space shall be located in any front yard or within three feet of any lot line in side or rear yards. The parking of motor vehicles within 15 feet of any wall or portion thereof, is prohibited. Except for electric vehicle charging stations, no automobile service shall be permitted to be extended to users of the lot, including sales, repair or fueling, and no gasoline, oil, grease, or related supplies shall be stored or sold in any such lot or in any garage on such lot. 5.4 Supplementary regulations for any parking lots adjacent to residential lots. 5.41 Whenever space is provided for the parking of ten or more vehicles in the open, such spaces shall be individually identified by means of pavement markings. 5.42 Reserved. 5.43 Parking lots. Whenever a parking lot is located across the street from a residential use, it shall be screened from view of such land by a thick hedge located along a line drawn parallel to the street, such hedge to be interrupted only at points of ingress and egress and to meet the corner visibility standards of appendix B, zoning, article 5, supplementary regulations, section 1.31. The open area between such hedge and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street. The hedge shall be at least two feet in height at the time of planting and shall grow to no more than four feet in height at the time of maturity. While the hedge is growing to a suitable height, an adjacent four foot high fence may be required by either the planning commission or city planner, according to the type of review required by appendix B, zoning, article 10, planning commission. 5.44 Identification and directional signs shall not exceed an area of three square feet each and shall be limited to such as are essential for the particular use. 5.5 Parking for motorsports racing. During any ten-day period prior to or two-day period following an auto racing event the following provisions shall apply: 5.51 Automobile parking. a. Property located within a residential zone may be used for fee-based parking of motor vehicles. Fee-based parking shall not include parking of commercial vehicles for use by commercial vendors and sales representatives. b. Unimproved surfaces may be used for automobile parking. Such areas shall be reviewed by the fire marshal to ensure adequate emergency access. No stormwater management areas or other preserved open space shall be used for automobile parking. Created: 2023-09-08 15:35:50 [EST] (Supp. No. 38, Update 2) Page 6 of 7 46

Item 2. c. Automobile parking shall in no case obstruct fire lanes, parking lot drive aisles, emergency access, fire protection equipment, or cross access easements between properties. 5.52 Recreational vehicle parking. Recreational vehicle parking shall be permitted within all zones subject to the following requirements: a. No more than three recreational vehicles shall be parked on a residential lot. b. Property owners wishing to provide parking for more than five recreational vehicles shall apply for a permit from the licensing and permitting division a minimum of 60 days prior to the race event. Fees for the permit will be charged in accordance with appendix F. Prior to issuance of a permit, the property owner or his agent must submit a legible diagram of the camping area to the licensing and permitting division. The diagram shall show recreational vehicle parking location, emergency access, drive aisles, entrance and exit, number of proposed recreational vehicles to be parked, location of power lines, and location of restroom facilities. c. Recreational vehicles shall not be parked within 25 feet of power lines as measured from the center of the utility pole. Vertical extensions from recreational vehicles shall not be closer than 25 feet to power lines as measured from any point on the vertical extension. d. Recreational vehicles shall not be parked closer than ten feet to other recreational vehicles, buildings or other structures, as measured from the long side of the vehicle; nor closer than two feet from other recreational vehicles, buildings or other structures, as measured from the front or rear of the vehicle. The required ten feet shall exclude any bump-outs or other protrusions from the side of the vehicle. e. Recreational vehicle parking areas shall have drivable surfaces engineered to hold the weight of recreational vehicles, fire equipment, and other emergency response equipment in all types of weather. f. Any changes to the layout of recreational vehicle parking areas shall be required to be submitted to the licensing and permitting division at least 30 days prior to the race event. g. The Fire Marshal's Office may grant an exception to any provision of section 5.52 if it can be demonstrated that equivalent means of public safety and fire protection is being provided. h. The fire marshal's office shall develop policy guidance on the implementation of this section. (Ord. of 4-25-1994; Ord. of 9-13-1999; Ord. of 10-12-1998; Ord. No. 2009-28, 3-8-2010; Ord. No. 2016-14, 5-9-2016 ; Ord. No. 2017-12 , 10-9-2017) Created: 2023-09-08 15:35:50 [EST] (Supp. No. 38, Update 2) Page 7 of 7 47

Item 2. Potential Revisions to Zoning Ordinance for C-2 (Central Commercial Zone) CURRENT CODE RECOMMENDED CONCEPTS FOR REVISION Zoning Ordinance, Article 3 Section 14 or as noted 1 Retail stores No change 2 Restaurants No change 3 Hotels, including bed and breakfast inns No change 4 Art galleries and studios No change 5 Service establishments No change 6 Personal service establishments No change 7 Business professional, and government offices No change 8 Apartments and multi-family dwellings, provided that no Allow uses associated with apartments (i.e., lobbies, dwelling units shall be permitted in the first floor on the amenity spaces) on first floor of Loockerman Street street frontage of Loockerman 9 Parking lot and parking structure is a Conditional Use (A Parking lot and parking structure as a permitted use Conditional Use is required to be reviewed and approved USES by the Planning Commission.) 10 Not clearly allowed Microbrewery/craft distillery/meadery 11 Allowed by interpretation Commercial Kitchen 12 Manufacturing, assembling, converting, altering, Allow the making and processing of consumer goods and finishing, cleaning, or any other processing of products products such as baked goods, glass blowing, and where goods so produced or processed are to be sold at handmade items where goods are processed and sold at retail exclusively on the premises, provided that: retail or on-line. (1) An area fully concealed from any street and equal to not more than 20 percent of the area devoted to retail sales shall be so used; (2) Electrical power not to exceed a total of five rated horsepower, and steam pressure not in excess of 60 pounds of pressure per square inch shall be used exclusively; Potential Revisions to C-2 Zone Chart 10.18.2023 Page 1 of483

Item 2. (3) Not more than four employees are engaged in such production or processing 13 Pop-up kitchen/restaurant/retail are not clearly allowed Pop-up kitchen/pop-up restaurant/pop-up retail 14 Place of public assembly is a Conditional Use Place of public assembly as a permitted use 15 Outdoor use – i.e., patios, eating areas, parklets Clarify process of outdoor use – i.e., patios, eating areas, parklets 16 Maximum building height is 6 stories and 75 feet Maximum building height 10 stories and 125 feet BUILDING HEIGHT Zoning Ordinance, Article 4, Section 4.14 • If building is above 3 stories, then upper floors need to be setback (wedding cake style) on sides facing the street. • Consider Residential 10% set aside of units for affordable units for every floor above 6 stories and 75 feet. Can be put into an affordable housing fund for non-profits. 17 No parking requirements for existing buildings in C-2 No parking requirements for existing buildings in C-2 Zoning Ordinance, Article 6 Section 3.1(a)ii zone No minimum parking requirements for new construction in C-2 zone 18 Parking minimums for the following uses (for all zoning No minimum parking requirements based on use in the districts): Downtown Redevelopment Target Area • Medical Office: 1 space per 300 square feet of floor PARKING area • Apartments: 2 spaces per dwelling unit plus 1 space per 200 square feet office space plus 0.25 space per dwelling unit for visitor space • Restaurants and bars: 1 space for every 4 seats plus 1 space for every 3 bar seats • Hotel: 1 space per guestroom plus 1 space for every 200 square feet of office space, banquet hall, or meeting areas Potential Revisions to C-2 Zone Chart 10.18.2023 Page 2 of493

Item 2. Zoning Ordinance Article 6 Section 3.1 19 The Planning Commission (or City Planner if it’s an Parking Waiver still available for consideration administrative plan review) may consider a waiver to reduce the required parking amount by up to 50% if applicant demonstrates the project is adequately served by transportation and parking alternatives. Zoning Ordinance, Article 6 Section 3.9 20 Bicycle parking-1 bicycle parking space for every 20 Bicycle parking will still be required parking spaces. The Planning Commission may waive this requirement. Zoning Ordinance, Article 6 Section 3.10 21 Floor Area Ratio (FAR) 4.0 Consider removing any lot coverage restrictions 22 Tree mitigation fund not available Allow for tree mitigation fund whereby a donation to the fund in lieu of planting a tree per the landscaping requirements in Downtown 23 Dumpster rate based on use. Eliminate Dumpster rate but keep screening and enclosure MISCELLANEOUS • Restaurant: Two required for the first 3,000 square requirements feet of gross building area; one required for each additional 3,000 square feet of gross building area or fraction thereof • Office and retail less than 50,000 square feet: Two required for the first 16,000 square feet of gross floor area; one required for each additional 16,000 square feet of gross floor area or fraction thereof • Apartment: Two required for the first 48 apartments; one required for each additional 24 apartments or fraction thereof Potential Revisions to C-2 Zone Chart 10.18.2023 Page 3 of503