CCW Minutes and Attachment 1

COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole met on October 24, 2023, at 6:00 p.m. with Council President Hare presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr. Boggerty, Mr. Lewis, Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Mr. Sudler. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Dr. Short (via WebEx), and Ms. Smack (Safety, Advisory, and Transportation), Mr. Iriowen, and Mr. Pugh (Utility), and Ms. Smith (Legislative, Finance, and Administration). Mr. Shevock (Legislative, Finance, and Administration) was absent. ADOPTION OF AGENDA Mr. Neil to amend the agenda to change the order of committees, as follows: Legislative, Finance, and Administration Committee; Safety, Advisory, and Transportation Committee; and Utility Committee. The motion was seconded by Mr. Rocha and unanimously carried. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Boggerty moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried. Recommendation of Award for McKee Generation Station Abatement and Demolition (Paul Waddell, Electric Director, and The Energy Authority) Ms. Michelle Straley, The Energy Authority, reviewed the background and analysis regarding the overview and final recommendation for the McKee Generation Station abatement and demolition. Staff recommended awarding the contract to Total Wrecking & Environmental, LLC. Mr. Boggerty expressed concern about the lack of diversity represented by Total Wrecking & Environmental, LLC, on their website. Mr. Boggerty questioned what they would be giving back to the community because the community needs jobs, and their website does not have an area for subcontractors to apply. Mr. Boggerty stated that there must be a conscious approach to finding vendors who represent diversity and bring money back into the city. Mr. Neil stated that he was in support of the contract because it was about half of what the budget was. Mr. Neil also emphasized support for what Mr. Boggerty stated and he too asked that in the future everyone consider looking at diversity in suppliers. Mr. Sudler stated that the constituents of Dover need an opportunity to bid, participate, and receive jobs from the use of tax dollars. Mr. Sudler stated that he cannot support the current bid due to the lack of reinvestment in the city and diversity and inclusion.

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 24, 2023 PAGE 2 Responding to Mr. Sudler, Mr. Waddell stated that during the process the only information that was requested was that of primary contractors and not any possible subcontractors. Responding to Mr. Boggerty, Mr. Waddell stated that they could negotiate with the vendor to do a job fair within the city since they did state that they would need to hire laborers. Mr. Rocha stated that the council needs to move forward with changing the code to benefit minority businesses within the city. Mr. Rocha explained that there are things that need to be put in place before recommending these changes. Mr. Rocha stated that council is working diligently on the issue. Mr. Neil moved to recommend awarding the contract to Total Wrecking & Environmental, LLC., as recommended by staff. The motion was seconded by Ms. Arndt and carried by a roll call vote of eight (8) yes (Pillsbury, Boggerty, Neil, Smith, Arndt, Rocha, Anderson, Hare), two (2) no (Sudler, Lewis), and one (1) absent (Shevock). 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) Ms. Dawn Melson-Williams, Principal Planner, reviewed the background and analysis regarding the potential revisions to the zoning ordinance for the C-2 zone (Attachment #1). Staff recommended allowing staff to draft text amendment language from presented concepts of revisions of the C-2 and associated provisions of the zoning ordinance. Responding to Mr. Rocha, Ms. Melson-Williams stated that currently, the building height requirement is six stories and seventy-five feet, and one of the proposals is to increase the maximum building height to ten stories and one hundred and twenty-five feet. The maximum number of stories for any zoning district in the City of Dover is ten. The Dover Air Force Base and the areas in that vicinity fall under a zoning overlay called the Airport Environs Overlay Zone, and the maximum height is sixty feet. Ms. Melson-Williams stated that there are some FAA regulations and aeronautic provisions that would have to be met but nothing specifically tied to the Air Force Base. Responding to Mr. Neil, Ms. Melson-Williams stated that the construction of a building has several implications from a code perspective. The type of construction will dictate how tall the type of construction can be built, and the provisions are part of the building code. Ms. Melson-Williams also stated that the fire code has similar provisions of height versus how the building must be protected, and a certain number of stories would require a specific foundation. Responding to Mr. Sudler, Ms. Melson-Williams stated that the initial outreach went to a group of stakeholders and that there was an opportunity for the public to participate in a series of workshops. Ms. Melson-Williams stated that the Fire Marshal’s office will have an opportunity to give input on the NFPA and the state fire regulations.

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 24, 2023 PAGE 3 Mayor Christiansen stated that standpipe systems as well as fire pumps will be required in a building to make sure that the water goes to the top floor. Dover Fire has two 100-foot ladder trucks that cover about 85 feet. Mayor Christiansen stated that in any building above six stories a ladder truck would not be used, the fire would be fought from inside. Mr. Hare moved to recommend that staff proceed with drafting an ordinance based upon the timetable, as recommended by staff. The motion was seconded by Mr. Boggerty and unanimously carried. Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 6:45 p.m. SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE The Safety, Advisory, and Transportation Committee met with Chairman Lewis presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Anderson and unanimously carried. N. State Street – Transportation Alternatives Program (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and analysis regarding the Transportation Alternatives Program. Staff recommended allowing staff to submit a Transportation Alternatives Program Application to DelDOT for improvements to N. State Street. Responding to Mr. Lewis, Mr. Lyon stated that the project is not currently listed in the budget. Responding to Mr. Lewis, Mr. Lyon stated that before 1964 the city owned and operated all the roads within the city limits including State Street. However, in 1964 the city entered into an agreement with DelDOT which stated that the state maintains between the curb and the curb, but nothing outside of the curb. Mr. Lyon stated therefore the city is responsible for the upgrades to the sidewalk and the curb, the inner portion, not the face. Ms. Arndt stated that North State Street is an iconic streetscape within the city, and she would like to see the aesthetics of the street, the brick sidewalks, and the beautiful trees kept in mind when looking at the upgrades and improvements. Responding to Mr. Sudler, Mr. Lyon stated that the state is responsible for the vertical piece of the curb. Mr. Lyon stated that under the agreement if the top of the curb is destroyed, the city is responsible for the repairs. Mr. Lyon stated that DelDOT has 87 separate agreements with the City of Dover.

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 24, 2023 PAGE 4 Responding to Ms. Smack, Mr. Lyon stated that the project would take about two years to complete. Responding to Mr. Lewis, Mr. Lyon stated that the project would need to be put into the general fund budget and budgeted in the future capital program. Mr. Neil moved to recommend allowing staff to submit a Transportation Alternatives Program application to DelDOT for improvements to North State Street, as recommended by staff. The motion was seconded by Mr. Boggerty and unanimously carried. Mr. Lewis moved for adjournment of the Safety Advisory and Transportation Committee meeting, hearing no objection the meeting adjourned at 6:56 p.m. UTILITY COMMITTEE The Utility Committee met with Chairman Rocha presiding. Adoption of Agenda Mr. Boggerty moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried. Evaluation of Bids – Turnberry Pump Station Replacement (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and analysis regarding the Turnberry Pump Station replacement bids. Staff recommended awarding the contract to Teal Construction for the Turnberry Pump Station Replacement, RFP #24-0002WW, for $1,148,888. Mr. Boggerty stated that Teal Construction has a dropdown on their website for subcontractors all the way down to flaggers and that is the type of company that should be awarded bids. Mr. Sudler expressed his appreciation for Mr. Lyon and his due diligence by listening to the sentiment of council. Mr. Hare moved to accept the staff recommendation. The motion was seconded by Mr. Neil and unanimously carried. Well #9 Change Order (Jason Lyon, Director of Water and Wastewater) Mr. Jason Lyon, Director of Water and Wastewater reviewed the background and analysis of the Well #9 Change Order. Staff recommended approving the change order request from AECOM, Inc. in the amount of $27,400, in accordance with the City of Dover Purchasing Policy and Procedures.

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 24, 2023 PAGE 5 Responding to Mr. Iriowen, Mr. Lyon stated that the fence is an eight-foot fence, that is black wrought iron and has a candy cane shape to deter people from trying to climb it. Mr. Lyon stated that it is like the fence around the substation towards Silver Lake Park on Park Avenue. Mr. Anderson moved to accept the staff recommendation. The motion was seconded by Ms. Arndt and unanimously carried. 2023 Electric Service Handbook Revisions (Paul Waddell, Electric Director) Mr. Paul Waddell, Electric Director, reviewed the 2023 Electric Service Handbook revisions. Staff recommended approving the presented revisions to the Electric Service Handbook. Mr. Hare moved to accept the staff recommendation. The motion was seconded by Mr. Boggerty and unanimously carried. Evaluation of Bids – Electrical Substation Multiplexer Upgrade (Paul Waddell, Electric Director) Mr. Paul Waddell, Electric Director, reviewed the background and analysis of the Electrical Substation Multiplexer Upgrade bids. Staff recommended awarding the contract to Avista Realtime for the Electrical Substation Multiplexer Upgrade, RFP #24-0005EL, for $149,814. Mr. Hare moved to accept the staff recommendation. The motion was seconded by Ms. Arndt and unanimously carried. Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing no objection the meeting adjourned at 7:09 p.m. Mr. Hare moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 7:09 p.m. William F. Hare Council President Attachments Attachment #1 - Potential Revisions to Zoning Ordinance for C-2 (Central Commercial Zone)

ATTACHMENT #1 Council Committee of the Whole Meeting 10/24/2023 Potential Revisions to Zoning Ordinance for C-2 (Central Commercial Zone) October 24, 2023

INTRODUCTION C-2 Presentation 2

DOWNTOWN ZONING C-2 Presentation 3

C-2 WORKSHOPS C-2 Presentation 4

Timeline Oct 10 Oct 11 Oct 12 Oct 24 Nov 28 Stakeholder Walk-In Stakeholder Presentation to Presentation of Meeting at 1:30 Workshop Meeting #2, Council Text in City Hall Open to the 11am in the City Committee of Amendments Conference Public in Hall Conference the Whole for first reading Room. Council Room. to Council Chambers from Committee of 4-7 pm the Whole. C-2 Presentation 5

Timeline Cont. Dec 11 Jan 16, 2024 Feb 12, 2024 First Reading by City Council Review and Public Hearing Public Hearing and Final Referral and Recommendation by Reading by City Council Planning Commission C-2 Presentation 6

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 Apartments and multi-family dwellings, provided that no Allow uses associated with apartments (i.e., lobbies, amenity spaces) 8 dwelling units shall be permitted in the first floor on the street on first floor of Loockerman Street frontage of Loockerman Parking lot and parking structure is a Conditional Use (A 9 Conditional Use is required to be reviewed and approved by the Parking lot and parking structure as a permitted use Planning Commission.) 10 Not clearly allowed Microbrewery/craft distillery/meadery USES USES 11 Allowed by interpretation Manufacturing, assembling, converting, altering, finishing, Commercial Kitchen 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 Allow the making and processing of consumer goods and products so used; 12 such as baked goods, glass blowing, and handmade items where (2) Electrical power not to exceed a total of five rated goods are processed and sold at retail or on-line. 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(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 C-2 Presentation 7

CURRENT CODE RECOMMENDED CONCEPTS FOR REVISION Zoning Ordinance, Article 3 Section 14 or as noted Maximum building height is 6 stories and 75 feet Maximum building height 10 stories and 125 feet BUILDING HEIGHT • If building is above 3 stories, then upper floors need to Zoning Ordinance, Article 4, Section 4.14 be setback (wedding cake style) on sides facing the street. 16 • 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. BUILDING HEIGHT C-2 Presentation 8

CURRENT CODE RECOMMENDED CONCEPTS FOR REVISION Zoning Ordinance, Article 3 Section 14 or as noted No parking requirements for existing buildings in C-2 No parking requirements for existing buildings in C-2 zone 17 No minimum parking requirements for new construction in C-2 Zoning Ordinance, Article 6 Section 3.1(a)ii zone Parking minimums for the following uses (for all zoning districts): • Medical Office: 1 space per 300 square feet of floor 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 No minimum parking requirements based on use in the 18 • Restaurants and bars: 1 space for every 4 seats Downtown Redevelopment Target Area plus 1 space for every 3 bar seats PARKING • Hotel: 1 space per guestroom plus 1 space for PARKING every 200 square feet of office space, banquet hall, or meeting areas Zoning Ordinance Article 6 Section 3.1 The Planning Commission (or City Planner if it’s an administrative plan review) may consider a waiver to reduce the required parking amount by up to 50% if 19 Parking Waiver still available for consideration applicant demonstrates the project is adequately served by transportation and parking alternatives. Zoning Ordinance, Article 6 Section 3.9 Bicycle parking-1 bicycle parking space for every 20 parking spaces. The Planning Commission may 20 Bicycle parking will still be required waive this requirement. Zoning Ordinance, Article 6 Section 3.10 C-2 Presentation 9

CURRENT CODE RECOMMENDED CONCEPTS FOR REVISION Zoning Ordinance, Article 3 Section 14 or as noted The Planning Commission (or City Planner if it’s an administrative plan review) may consider a waiver to reduce the required parking amount by up to 50% if 19 Parking Waiver still available for consideration applicant demonstrates the project is adequately served by transportation and parking alternatives. Zoning Ordinance, Article 6 Section 3.9 Bicycle parking-1 bicycle parking space for every 20 parking spaces. The Planning Commission may waive 20 Bicycle parking will still be required this requirement. Zoning Ordinance, Article 6 Section 3.10 MISCELLANEOUS 21 Floor Area Ratio (FAR) 4.0 Consider removing any lot coverage restrictions Allow for tree mitigation fund whereby a donation to the 22 Tree mitigation fund not available fund in lieu of planting a tree per the landscaping MISCELLANEOUS requirements in Downtown Dumpster rate based on use. • Restaurant: Two required for the first 3,000 square 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: Eliminate Dumpster rate but keep screening and enclosure 23 Two required for the first 16,000 square feet of requirements 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 C-2 Presentation 10

CURRENT STREET VIEW Mix of building heights C-2 Presentation 11