Regular Council Minutes

REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on January 22, 2024, at 6:32 p.m. with Council President Hare presiding. Council members present were Mr. Anderson, Mr. Neil, Dr. Pillsbury, Ms. Arndt, Mr. Rocha, Councilman Sudler, and Mr. Lewis. Mr. Boggerty was absent. Staff members present were Police Chief Johnson, Mr. Hugg, Ms. Melson-Williams, Mr. Rodriguez, and Ms. Bennett. Fire Chief Carey was absent. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 6:20 p.m., prior to commencement of the Official Council Meeting. Council President Hare declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. There was no one present wishing to speak during the Open Forum. INVOCATION The invocation was given by Mayor Christiansen. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Dr. Pillsbury. ADOPTION OF AGENDA Mr. Sudler moved for adoption of the agenda, seconded by Mr. Neil, and unanimously carried. (Boggerty absent) ADOPTION OF CONSENT AGENDA All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Lewis, and carried by a unanimous roll call vote. (Boggerty absent) PRESENTATION – DELAWARE STATE UNIVERSITY CHORAL STUDENTS' MUSICAL PRESENTATION UNDER THE DIRECTION OF DR. GREGORY MCPHERSON Dr. Gregory McPherson shared pieces from the Delaware State University Choral group and the blessings to the members. PROCLAMATION – BLACK HISTORY MONTH The City Clerk read the following Proclamation into the record:

CITY COUNCIL MEETING OF JANUARY 22, 2024 PAGE 2 WHEREAS, during Black History Month we celebrate the many contributions and achievements made by African Americans to our nation. The Association for the Study of African American Life and History has chosen “African Americans and the Arts” as the 2024 Black History theme which commemorates the fundamental influence in which African American artists have used art, infused with African, Caribbean, and Black American lived experiences, to preserve history. For centuries, African Americans have significantly influenced art in the fields of performing arts, literature, fashion, film, music, architecture, and other essential forms of cultural expression; and WHEREAS, according to the Study of African American Life and History, African Americans set the standard for popular trends around the world through artistic and cultural movements such as New Negro, Black Arts, Black Renaissance, hip-hop, and Afrofuturism. Each movement has played an essential role in shaping our nation in the past and present. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim February 2024 as BLACK HISTORY MONTH in the City of Dover and encourage all citizens to recognize the inspiration of African American arts and artisans in our culture. PROCLAMATION – HUMAN TRAFFICKING AWARENESS MONTH The City Clerk read the following Proclamation into the record: WHEREAS, according to the National Human Trafficking Hotline, “Human trafficking is a crime involving the exploitation of someone for the purpose of compelled labor or a commercial sex act through the use of force, fraud, or coercion. It affects individuals across the world, including the United States, and affects every community in the United States across age, gender, ethnicity, and socio-economic backgrounds”; and WHEREAS, human trafficking generates over $150 billion in profits worldwide every year. The 2021 International Labour Organization report estimates 49.6 million adults and children were victims of modern slavery globally. An estimated 27.6 million were in forced labor including 17.3 million exploited in the private sector, 6.3 million in forced commercial sexual exploitation and 3.9 million in forced labor imposed by state. Traffickers often take advantage of instability caused by natural disasters, conflict, or a pandemic to exploit others; and WHEREAS, since 2007, the Human Trafficking Hotline for Delaware has received close to 680 signals, such as phone calls, texts, emails and online tips, and identified over 500 victims included in 212 cases of human trafficking; and WHEREAS, in 2009, Trafficking Victims Protection Act passed by Congress establishing methods for prosecuting traffickers, preventing human trafficking and protecting victims and survivors of trafficking. Recognizing potential red flags and knowing the indicators of human trafficking is a key step in identifying more victims and helping them find assistance. Delaware leaders, social organizations and Delaware Healthcare Association all are devoting efforts to raise awareness and help stop the epidemic.

CITY COUNCIL MEETING OF JANUARY 22, 2024 PAGE 3 NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim January 2024 as HUMAN TRAFFICKING AWARENESS MONTH in the City of Dover and urge all residents to take action by being informed, spread awareness and know the signs for it could save someone’s life. PRESENTATION – HONORABLE DAVID WEISS, UNITED STATES ATORNEY FOR THE DISTRICT OF DELAWARE, THE UNITED STATES DEPARTMENT OF JUSTICE Mayor Christiansen introduced the Honorable David Weiss, United States Attorney for the District of Delaware, the United States Department of Justice. The Honorable David Weiss briefed members about the United Against Hate program on Thursday, January 25, 2024, at the Dover Public Library. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 8, 2024 The Minutes of the Regular Council Meeting of January 8, 2024, were unanimously approved by motion of Mr. Sudler, seconded by Mr. Neil, and bore the written approval of Mayor Christiansen. (Boggerty absent) COUNCIL COMMITTEE OF THE WHOLE REPORT – JANUARY 9, 2024 The Council Committee of the Whole met on January 09, 2024, at 6:00 p.m. with Council President Hare presiding. Members of Council present were Ms. Arndt, Mr. Boggerty, Mr. Lewis, Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Mr. Sudler. Mr. Anderson was absent. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Iriowen, and Mr. Pugh (Utility), Mr. Shevock (via WebEx), and Ms. Smith (in at 6:32 p.m. via WebEx) (Legislative, Finance, and Administration). ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously carried. UTILITY COMMITTEE The Utility Committee met with Chairman Rocha presiding. Adoption of Agenda Mr. Hare moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried. Evaluation of Proposals – Downtown Dover Upgrades Engineering Design (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water and Wastewater Director reviewed the background and analysis of the Downtown Dover Upgrades Engineering Design.

CITY COUNCIL MEETING OF JANUARY 22, 2024 PAGE 4 Staff recommended awarding the contract to KCI Technologies for the engineering design of the Downtown Dover Upgrades Engineering Design, RFP# 24-0010WW, for $233,027. Mr. Neil moved to recommend acceptance of the staff recommendation. The motion was seconded by Ms. Arndt and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Lewis, and carried by a unanimous roll call vote. (Boggerty absent) Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing no objection the meeting adjourned at 6:05 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Council President Hare presiding in the absence of a chair. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt and unanimously carried. Change Order – Mirror Lake Drainage Basin Improvements (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water and Wastewater Director reviewed the background and analysis of the Mirror Lake Drainage Basin Improvements. Staff recommended approving the change order request from Gateway Construction, Inc. in the amount of $154,559 in accordance with the City of Dover Purchasing Policy & Procedures. The design engineer of the project will split the cost of the change order with the city. Responding to Ms. Arndt, Mr. Lyon stated that when a design firm starts a project, they request the plans and prints from utilities to find the pipe locations. Mr. Lyon explained that the scope of the information provided to them was short of what they requested, thereby not showing the location of the pipe. Mr. Lyon also stated that the reason that the design firm is paying for half is because they should have done more research but again, the city could have provided that information. Responding to Ms. Arndt, Mr. Lyon stated that the GIS information is not provided to the public, and the prints are provided through Miss Utility. Mr. Lyon explained that the design engineer would place the request with Miss Utility, which then gets filtered through the call center to the city and then the information is provided to the requestor.

CITY COUNCIL MEETING OF JANUARY 22, 2024 PAGE 5 Mr. Neil moved to recommend approval of the staff recommendation for the project. The motion was seconded by Mr. Rocha and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Lewis, and carried by a unanimous roll call vote. (Boggerty absent) Update on potential revisions to the 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 of the potential revisions to the Zoning Ordinance for the C-2 (Central Commercial Zone). Proposed Ordinance #2024-01 – Amending Appendix B - Zoning, Article 3 - District Regulations, Section 13 - Central Commercial Zone (C-2), Article 4 - Zoning and Bulk Parking Regulations, Section 4.14 - [C-1, C-1A, C-2, C-2A zones], Article 5 - Supplementary Regulations, Section 6 - Dumpsters for trash and recycling, Article 6 - Off-Street Parking, Driveways and Loading Facilities, Section 3 - Required Off-Street Parking Spaces, Article 12 - Definitions. Responding to Mr. Rocha, Ms. Melson-Williams stated that the proposed ordinance would be adding uses to the C-2 zone such as manufacturing. Ms. Melson-Williams explained that manufacturing, assembling, converting, altering, finishing, cleaning, cooking, baking, and other processing of products is the standard language for describing manufacturing throughout the code. Ms. Melson-Williams stated that there is a size limit on the establishment as a smaller- scale operation would be appropriate for the downtown setting. Ms. Melson- Williams explained that some examples would be a bakery, crafter, woodworker, or glass blower, something that is not a full production line like Kraft Heinz. Ms. Melson-Williams also explained that manufacturing is a broad term with conditional use and specialized conditions and moves small-scale operations into permitted use. Responding to Mr. Rocha, Ms. Melson-Williams stated that the potential state legislation and forthcoming regulations on cannabis will provide specific definitions tied to the cultivation, processing, and sale of those items. Ms. Melson-Williams explained that the concern with cannabis sales will need to be addressed specifically in the code but that is not what is intended with the ordinance amendment. Responding to Mr. Lewis, Ms. Melson-Williams stated that the public was involved in a series of opportunities in October. Ms. Melson-Williams explained that two stakeholder meetings were held with a targeted audience of local realtors, developers, and those with downtown Dover business interests. Ms. Melson- Williams stated that a public walk-in workshop was also held for a couple of hours where folks walked in and learned about the C-2 zoning and gave initial

CITY COUNCIL MEETING OF JANUARY 22, 2024 PAGE 6 feedback on what staff had developed as potential revision ideas. Ms. Melson- Williams explained that the draft ordinance had not had a formal public hearing because that would be part of the review process moving forward. Responding to Mr. Lewis, Ms. Melson-Williams stated that the draft changes are not specific to any individual property, and they would apply to anything zoned C-2. Ms. Melson-Williams explained that the regulations for the proposed changes do not require public notice, but should the ordinance move forward through the review process, there are notice requirements and publication requirements for the upcoming hearings. Responding to Mr. Neil, Ms. Melson-Williams stated that the way the current code reads there are a specific number of dumpsters required based on floor area or unit count. Ms. Melson-Williams explained that many times during development planning the developers are doing the calculations for their project and realize they do not need so many dumpsters. The developers will then build two dumpsters, and reserve space for future needs. Ms. Melson-Williams stated that provision is still in the code, and they can build as many as they think they will need but the reservation requirement is still there and it gives the planner the authority to say that they received trash complaints, go ahead, and build another dumpster on the site. Ms. Melson-Williams stated that what is proposed is to make it clearer for the residential side of apartments and multi-family type units where there is a centralized trash and recycling dumpster area, and for the non- residential units where there is a requirement for two per property for recycling, and solid waste collection. Ms. Melson-Williams explained that the dumpster containers are not necessarily the containers the city collects, they are usually the commercial containers collected by a commercial hauler. Ms. Melson-Williams stated that there is flexibility within the recommended amendments for centralized collection methods. Responding to Mr. Sudler, Ms. Melson-Williams stated that there are no negative effects because the proposed text amendments offer a greater variety of potential uses. So, for business owners who have been looking for tenants, the amendments give them more options for tenants. Ms. Melson-Williams explained that if the business owners are looking towards redeveloping their site, the amendments give them greater flexibility for more creative designs in a potential project. For those happy with the business or the tenants that they have now, the amendments will allow them to have vacant buildings or tenant spaces around them redeveloped into something that brings in more foot traffic, which is needed for all downtown businesses. Responding to Mr. Sudler, Ms. Melson-Williams stated that the proposed ordinance does not address the road infrastructure system however, some of the approved items are related to the downtown planning for infrastructure and will start to address what is under the road. Ms. Melson-Williams explained that the truck route ordinance that was adopted last year focuses on trucks moving

CITY COUNCIL MEETING OF JANUARY 22, 2024 PAGE 7 throughout the city, but it does not prohibit local deliveries. Ms. Melson-Williams stated that the businesses downtown will likely make their delivery drivers aware of the road system so it is likely that there will be smaller box trucks finding their way downtown or traveling during off-peak travel hours. Responding to Mr. Sudler, Ms. Melson-Williams stated that the stakeholder meetings included invitations to the Central Delaware Chamber of Commerce, key developers that have either worked downtown or have potential projects for downtown, as well as groups like the Downtown Dover Partnership. Ms. Melson- Williams explained that the information had been posted on the city website, so the information was open to the public. Responding to Mr. Sudler, Ms. Melson-Williams stated that there was at least one group that would classify as a minority, and they are interested in a potential project. Ms. Melson-Williams also stated that there are some in the group that the partnership collectively speaks for as well. Mr. Todd Stonesifer, 15 North State Street, Dover, President of the Downtown Dover Partnership Board of Directors, thanked the city council, committee members, and all the different city departments that have put so much work into the Transforming Downtown Dover 2030 plan. Mr. Stonesifer explained that the goal is to bring pedestrian traffic back downtown and give the people who live there a walkable community. Mr. Stonesifer stated that in order to do that they recommend the additional height restrictions and the ability to be creative with parking so that there can be a centralized parking solution. Mr. Stonesifer stated that the first main project will be at 20 South Governors Avenue and there are potential designs on the Downtown Dover Partnership’s website, which depicts commercial development on the ground floor and five additional floors of residential units. Mr. John Childress, Vice President of Projects, Mosaic Development Partners, thanked the council, Downtown Dover Partnership, and city departments for all their help. Mr. Childress explained that the changes to the structured parking are to make it easier for the developers and folks coming into downtown Dover. Mr. Childress explained that the next key point would be the step-backs. Mr. Childress stated that the goal is to have a nice community that does not create tunnel vision of straight walls going up and there must be consideration of the development because the goal is to bring more developers downtown. Mr. Childress stated that typically wood construction would be used in buildings up to six floors. Mr. Childress explained that they have come up with a proposal to do a step-back of two or three feet for six floors and anything six and above move it back to five feet. Mr. Childress explained that this recommendation means that once the building is over six floors it would become concrete or steel construction, which allows for easier step-backs. Mr. Childress continued to explain that the beauty of downtown Dover is that there are incredible anchors in the master plan including the Dover Air Force Base, Bayhealth, Delaware State University, and the state

CITY COUNCIL MEETING OF JANUARY 22, 2024 PAGE 8 government all within a central location. Mr. Childress stated that if the step- backs go too far back then the plan would lose about one-fourth of the apartments which could hurt financial growth. Mr. Childress explained that the goal is to be able to build quality housing that honors the city and the architecture but still encourages developers to go downtown and build (Attachment #1). Responding to Mr. Rocha, Ms. Melson-Williams stated that the step-backs are not currently part of the code, other than the idea of stepping back on upper floors which is one of the design standards for the City of Dover Historic District Zone. Ms. Melson-Williams explained that it was mentioned that on the upper floors, they would do a step-back of 10 feet and then an additional 10 feet with each floor over six stories when looking at taking the C-2 zone from a maximum of six stories to a maximum of 10 stories. Ms. Melson-Williams explained that if someone is looking to build a six-story building, four floors could be on the sidewalk, but then floors five and six would have to be stepped back 10 feet. If the building was taller than six stories, the upper floors would have to go back another 10 feet. Ms. Melson-Williams explained that after doing research they tried to come up with something simple in concept that would be respectful of the design standards for the historic district. Responding to Mr. Rocha, Ms. Melson-Williams stated that the design standards do not give a dimension, they only talk about the concept of stepping back the upper floors. Ms. Melson-Williams explained that the text amendment says that it does not have to start on the fourth floor, it could start lower, and it does not have to be the entire width. Ms. Melson-Williams explained that the idea is that visually it will look like the building is shorter than what it is from a pedestrian standpoint at the street level. Responding to Mr. Rocha, Mr. Childress stated that it is not impossible to do with the proposed step-backs but that ideally there would be a shorter step-back on the lower floors because there is only so much width on the block, so as the design is pushed back the front row gets reduced. This would cause a loss of 20 to 25% of apartments on the side with the step-back and cause challenges in the construction of the walls, which would then need to have additional structural support. Mr. Sudler suggested that documentation from an engineer expressing whether the proposed step-back changes would be structurally sound and safe. Ms. Arndt asked if the Mosaic team could provide their comments in writing and provide the resources and justification for what they have proposed. Ms. Arndt also asked that Ms. Melson-Williams review that information and if it meets the city design standards, consider making the changes to the step-backs. Responding to Mr. Lewis, Mayor Christiansen stated that any fire that is above four stories is fought with a standpipe system. Mayor Christiansen also stated that the Fire Marshal’s office is run by a past Chief of the City of Dover Fire

CITY COUNCIL MEETING OF JANUARY 22, 2024 PAGE 9 Department, who would ensure that all the step-backs would meet the NFPA standards before the buildings are even considered. A written public comment was provided in support of the potential revisions of the C-2 (Central Commercial Zone) by Donny Legans, Rail Haus owner/operator (Attachment #2). Mr. Neil moved to recommend acceptance of staff recommendations to move forward with the provision that staff look at the step-back and a determination will be made regarding the step-back going forward in the final documents. The motion was seconded by Mr. Sudler and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Lewis, and carried by a unanimous roll call vote. (Boggerty absent) Mr. Hare moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 6:56 p.m. Mr. Hare moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 6:56 p.m. By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Mr. Lewis and carried by a unanimous roll call vote. (Boggerty absent) QUARTERLY REVENUE REPORT AS OF DECEMBER 31, 2023 Members were provided the Quarterly Revenue Report as of December 31, 2023. By consent agenda, Mr. Neil moved for acceptance of the Quarterly Revenue Report as of December 31, 2023, seconded by Mr. Lewis and carried by a unanimous roll call vote. (Boggerty absent) QUARTERLY REVIEW – CAPITAL INVESTMENT PLAN (CIP) (OCTOBER, NOVEMBER, DECEMBER) Members were provided the Quarterly Report for the Capital Investment Plan (CIP) as of December 31, 2023. By consent agenda, Mr. Neil moved for acceptance of the Quarterly Report of the Capital Investment Plan (CIP) as of December 31, 2023, seconded by Mr. Lewis and carried by a unanimous roll call vote. (Boggerty absent) APPOINTMENTS BY MAYOR CHRISTIANSEN By consent agenda, Mr. Neil moved for approval of the following appointments, seconded by Mr. Lewis, and carried by unanimous roll call vote. (Boggerty absent)

CITY COUNCIL MEETING OF JANUARY 22, 2024 PAGE 10 Confirmation of Police Pension Election – Retired Captain Larry Gray – Three (3) Year Term to Expire January 31, 2027 CONSIDERATION OF RESCINDING RESOLUTION NO. 2023-16 (RESOLUTION ADOPTED BY CITY COUNCIL ON OCTOBER 23, 2023) Mr. Hugg briefed the members on the Rescission of Resolution #2023-16. Mr. Hugg explained that they have been actively working with the State Pension Office, with the intention of making the State Municipal Employee Pension an option for the City of Dover employees. Mr. Hugg further explained that there was a misunderstanding of one of their requirements and had asked council to pass the resolution, which was passed on October 23, 2023, to join the State Municipal Pension Plan. Mr. Hugg stated that he believed it would set forth the actual process and steps to complete the lists of employees who would be eligible and document the process. Mr. Hugg further stated that it was unanticipated by them that it would trigger the state pension plan to be available, which is something they would love to have but the timing is not right. There is still a lot of information to gather and outreach to the employees before the program can be available for someone to join. Mr. Hugg further stated that after discussing the matter with the State Pension Office, they have advised that the quickest and best thing to do is to rescind the 2023-16 resolution and then submit a new resolution later in the spring when they have the list of employees and information ready so that there is no confusion about who is and who is not eligible. Since council passed the resolution, he needs council to agree to approve this action. Responding to Mr. Sudler, Mr. Hugg stated that at this time there is only one employee who would be eligible for the State Municipal Pension at this time. That is a brand-new employee who just joined and has been advised that the pension will be coming but it is not available for them to join today. Responding to Mr. Sudler, Mr. Hugg explained that it would not negatively affect the individuals that are eligible and that the actual effective plan has always been July 1, 2024. Council has to certify all of the employees who are willing and interested in joining. That is where they got misdirected. Mr. Hugg further stated that they realized after the fact that it was not something that they intended to do; they wanted to get the city and the pension office moving on with the process. Mr. Neil moved to rescind Resolution No. 2023-16. The motion was seconded by Dr. Pillsbury and carried unanimously roll call vote. (Boggerty absent) FIRST READING – PROPOSED ORDINANCE #2024-03 – COMPREHENSIVE PLAN AMENDMENT 2024 – CONSIDERATION OF AMENDMENT TO MAP 12-1: LAND DEVELOPMENT PLAN MAP Council President Hare reminded the public that copies of the proposed ordinances were available on the City's website at www.cityofdover.com under "Government," or by contacting the City Clerk's Office at 736-7008 or cityclerk@dover.de.us. Since the ordinances amend the Comprehensive Map and Plan, a public hearing is required. Staff recommended referral of the amendments to the Planning Commission for a public hearing on February 20, 2024, and that a public hearing bet set before City Council on March 11, 2024, at 6:30 p.m. at which time the Final Reading and final action by council will take place.

CITY COUNCIL MEETING OF JANUARY 22, 2024 PAGE 11 Ms. Dawn Melson-Williams, Principal Planner, reviewed proposed Ordinance #2024-03 – Comprehensive Plan Amendment 2024 – Consideration of Amendment to Map 12-1: Land Development Plan Map. Ms. Melson-Williams explained that the address 10790 Silver Lake Boulevard is just over five acres of land. The request is to revise the land use category of office to a proposed designation of mixed use. This will require a referral to the Planning Commission for a public hearing, and the Planning Commission will make a recommendation to City Council. Responding to Ms. Melson-Williams, Mr. Neil asked if this was talking about the possibility of housing, convenience, retail offices, etc. Responding to Mr. Neil, Ms. Melson-Williams stated that this is a request to amend the land use designation in the Comprehensive Plan. Ms. Melson-Williams stated that currently the property has a land use classification of office and that the land use category of mixed-use does broaden the potential zoning classifications where they could see a mix of uses, both commercial and residential. Mr. Neil moved to refer the request to the Planning Commission for a public hearing on February 20, 2024 and to set a public hearing before City Council on March 11, 2024, at 6:30 p.m. The motion was seconded by Dr. Pillsbury and carried by a unanimous roll call vote. (Boggerty absent) In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the proposed Ordinance as read by the City Clerk, by title only, as follows: ORDINANCE #2024-03 – AMENDING THE 2019 COMPREHENSIVE PLAN WITH CONSIDERATION OF AN AMENDMENT OF MAP 12-1: LAND DEVELOPMENT PLAN TO REVISE THE LAND USE CLASSIFICATION OF THE PROPERTY LOCATED AT 1079 SILVER LAKE BOULEVARD. FIRST READING – PROPOSED ORDINANCE #2024-04 – LANDS OF DOVER FEDERAL CREDIT UNION AT 1079 SILVER LAKE BOULEVARD: CPO TO C-2A Ms. Melson-Williams, Principal Planner, reviewed proposed Ordinance #2024-04 – Lands of Dover Federal Credit Union at 1079 Silver Lake Boulevard, CPO to C-2A. Ms. Melson-Williams explained that this is a rezoning application and that it is associated with the Comprehensive Plan amendment. If the Comprehensive Plan amendment is successful, then the rezoning application would be eligible for consideration. Ms. Melson-Williams stated that rezoning applications require a first reading to set the hearing dates for the Planning Commission and City Council. Ms. Melson-Williams further stated that this request is for the property at 1079 Silver Lake Boulevard, which is owned by Dover Federal Credit Union. Ms. Melson-Williams further stated that this is a vacant tract of land and is currently zoned CPO and that the proposed zoning classification is C-2A, which is the Limited Central Commercial Zone. The Planning Commission will have a public hearing and make a recommendation to City Council regarding this zoning request, and it is brought to council the first reading announcing the future public hearing dates.

CITY COUNCIL MEETING OF JANUARY 22, 2024 PAGE 12 Mr. Neil moved to refer the request to the Planning Commission for a public hearing on February 20, 2024 and to set a public hearing before City Council on March 11, 2024, at 6:30 p.m. The motion was seconded by Dr. Pillsbury and carried by a unanimous roll call vote. (Boggerty absent) In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the proposed Ordinance as read by the City Clerk, by title only, as follows: ORDINANCE #2024-04 AMENDING THE LANDS OF DOVER FEDERAL CREDIT UNION AT 1079 LAKE BOULEVARD FROM CPO (COMMERCIAL AND PROFESSIONAL OFFICE ZONE) TO PROPOSED ZONING C-2A (LIMITED CENTRAL COMMERCIAL ZONE). FIRST READING – PROPOSED ORDINANCE #2024-01 – AMENDING APPENDIX B – ZONING, ARTICLE 3 – DISTRICT REGULATIONS, SECTION 13 – CENTRAL COMMERCIAL ZONE (C-2), ARTICLE 4 – ZONING AND BULK PARKING REGULATIONS, SECTION 4.14 – [C-1, C-1A, C-2, C-2A ZONES], ARTICLE 5 – SUPPLEMENTARY REGULATIONS, SECTION 6 – DUMPSTERS FOR TRASH AND RECYCLING, ARTICLE 6 – OFF-STREET PARKING, DRIVEWAYS AND LOADING FACILITIES, SECTION 3 – REQUIRED OFF-STREET PARKING SPACES, ARTICLE 12 – DEFINITIONS Ms. Melson-Williams, Principal Planner, reviewed proposed Ordinance #2024-01 Zoning, Article 3-District Regulations, Section 13 – Central Commercial Zone (C-2), Article 4 – Zoning and Bulk Parking Regulations, Section 4.14 – [C-1, C-1A, C-2, C-2A zones], Article 5 – Supplementary Regulations, Section 6 – Dumpsters for trash and recycling, Article 6 – Parking Spaces, Article 12 – Definitions. Ms. Melson-Williams stated that this had been presented this month to the Council Committee of the Whole, the Legislative Finance and Administration Committee, and was reported out of that committee. Ms. Melson-Williams explained that this is a series of amendments to the zoning ordinance, primarily focusing on the C-2 zoning district to add additional uses and to revise the bulk standards and design standards for that zone. Ms. Melson-Williams further explained that there are some amendments to other portions of the zoning ordinance related to the development activity, which include dumpsters, parking, and adding some definition to the code. This is in response to implementing the Transforming Downtown Dover Capital City 2030 Plan. Ms. Melson-Williams noted that this was a task that staff has worked on over the last nine months and brought forth a proposed ordinance to the Legislative, Finance and Administration Committee. She stated that they did recommend moving forward with this first reading and that staff look at the height requirements and the step-back provision. Ms. Melson-Williams further stated that this was included in the first reading provision and what they are calling the Legislative Finance Administration Committee Amendment #1 which in the proposed ordinance itself, changes the provisions that were to be considered for item #13.52’s height. This is a design standard in the C-2 zone and the proposal is outlined beginning on line 89. This needs to be referred to the Planning Commission for their public hearing and recommendation before returning to council, for their public hearing and final action on the proposed ordinance.

CITY COUNCIL MEETING OF JANUARY 22, 2024 PAGE 13 Responding to Mr. Sudler, Ms. Melson-Williams stated that the bulk of this ordinance was what was presented to the committee as a result of the committee’s discussion and testimony that evening. The staff did go back and look at the step-back provisions, which are related to the height in that zoning district, and have put forth an alternative, and what is shown in the green text as reference beginning line 89. Ms. Melson-Williams further stated that they did utilize the suggestion from one of the speakers that evening and used the step-back provision of six (6) feet rather than 10 feet. Responding to Mr. Sudler, Ms. Melson-Williams stated that there was no specific statement from an engineer that was received. Ms. Melson-Williams explained that typically the information related to the structural soundness of any construction project would be part of a building permit submission. Ms. Melson-Williams further explained that from a professional standpoint as a planner, if someone wanted to build something, the engineer can certainly design it to fit whatever dimensional requirements may be established in the code. Ms. Melson-Williams stated that they are comfortable moving forward with the suggestion of a 6-foot step-back, without having that in hand. Responding to Ms. Melson-Williams, Mr. Sudler stated that the committee had specifically asked for information and that he believed that Councilman Neil had concurred with him that it was not a bad idea. Mr. Sudler asked them to bring that to the committee. His concern is that the information was never brought back to them. Mr. Sudler felt that they are being overlooked or disregarded. Mr. Sudler stated that council or the committee asked for additional information before they made a final ruling or before they moved forward. Mr. Neil stated that the comments made by Mosaic at the time indicated that the step-back of the six (6) feet rather than the 10 feet would strengthen the wall but was expecting something from them that they would produce or DDP would produce to let them know or to confirm that it was stronger build than the 10 feet would have been. Mr. Sudler stated that there was a consensus and that they had asked for that just so they would cover the City of Dover. Mr. Sudler further stated that their decision would be a sound and educated decision, so they could have something to fall back on. Mr. Sudler explained that Mr. Stonesifer had said it would not be a problem. Mr. Sudler believed that they needed to have that report before they moved forward because that is what they had asked for. Mr. Neil asked if the information could be forwarded to them before they have the hearing before the Planning Commission as it has to become part of the Planning Commission discussion. Responding to Mr. Neil, Ms. Melson-Williams responded that what they have brought forth is the proposed ordinance for the first reading and any additional information that is received will be provided to the Planning Commission and City Council as the ordinance moves through the review process. Ms. Melson-Williams stated that there was a discussion about an engineer, and it is identified in the minutes. Mosaic did offer to provide the statements in writing that they had made that evening. Ms. Melson-Williams further stated that a letter was submitted on behalf of the Downtown Dover Partnership, and it is included as attachments to the minutes. Ms. Melson-

CITY COUNCIL MEETING OF JANUARY 22, 2024 PAGE 14 Williams explained that the motion from the Legislative and Finance Committee did not specifically list the requirement for that engineering statement. It was asked that staff look at the step-back and that a determination be made regarding the step-back going forward in the final documents. Ms. Melson-Williams noted that they are not at the final documents at that point in time. Ms. Arndt stated that her understanding was that the gentleman from Mosaic was going to provide his comments in writing for staff consideration. Ms. Arndt further stated that she is comfortable moving forward through the process, understanding that there will be additional time for input and consideration. Responding to Mr. Sudler, Ms. Melson-Williams stated that the letter attached to the meeting minutes is Attachment #1 and that it came from the board of the Downtown Dover Partnership. Ms. Melson-Williams further stated that she does not believe that it was under the hands of an engineer who drafted it. Responding to Ms. Melson-Williams, Mr. Sudler wanted clarification that an engineer did not draft the letter in which they had asked for that as confirmation from the engineer. Mr. Sudler stated that he is not opposed to moving forward but if something is aligned with a safety precaution or is questionable, he would like to be able to come back to this. Mr. Sudler further stated that he does not want to be bound by this if they to decide since Ms. Melson-Williams stated that additional information could be provided, and additional information could be used to make a final decision if they had this first reading. Responding to Mr. Sudler, Ms. Melson-Williams stated that their action made that evening is for a first reading referral. It puts the proposed ordinance out there and forwards it for a more detailed review and recommendation by the Planning Commission and then also by Council. Ms. Melson-Williams further stated that at any point moving forward there can be amendments made to the proposed ordinance. The review by the Planning Commission could suggest revisions, and City Council could make revisions as part of their review and final adoption process in their March meeting. Mr. Hare stated that Ms. Melson-Williams knows what they are looking for and will make sure that the information is there when it comes back to them and the Planning Commission. Mr. Sudler stated that he would like to make a motion that they ask an engineer to confirm that it would not be a structural compromise. Mr. Sudler further stated that if they decide to go with the staff recommendation for that step-back, their expertise and license on the line, would confirm this. So that council members could make a sound and educated decision without putting their constituents’ tax-paying dollars in harm’s way if something does not go the way that they thought it would. Mr. Hare stated that a motion had already been made and a second to move forward and it is going to come back to them. Mr. Hare further stated that if the information is not there, the members can decline, and it will not be approved.

CITY COUNCIL MEETING OF JANUARY 22, 2024 PAGE 15 Responding to Mr. Anderson, Ms. Melson-Williams stated that certainly for construction buildings the typical design professional who is sealing the documents is an architect at times. They may seek the professional expertise of an engineer, specifically a structural engineer in the design of the components of a building. Mr. Neil moved to refer the request to the Planning Commission for a public hearing on February 20, 2024 and to set a public hearing before City Council on March 11, 2024, at 6:30 p.m. The motion was seconded by Dr. Pillsbury and carried by a roll call vote of five (5) yes (Neil, Pillsbury, Arndt, Rocha, and Hare), three (3) no (Anderson, Sudler, and Lewis), and one (1) absent (Boggerty). In accordance with Section 1-9 of the Dover Code, the Council acknowledged the First Reading of the proposed Ordinance as read by the City Clerk, by title only, as follows: ORDINANCE #2024-01 – AMENDING APPENDIX B – ZONING, ARTICLE 3 – DISTRICT REGULATIONS, SECTION 13 – CENTRAL COMMERCIAL ZONE (C-2), ARTICLE 4 – ZONING AND BULK PARKING REGULATIONS, SECTION 4.14 – [C-1, C-1A, C-2, C-2A ZONES], ARTICLE 5 – SUPPLEMENTARY REGULATIONS, SECTION 6 – DUMPSTERS FOR TRASH AND RECYCLING, ARTICLE 6 – PARKING SPACES, ARTICLE 12 – DEFINITIONS. CITY MANAGER'S ANNOUNCEMENTS No Announcements from Mr. Hugg. MAYOR’S ANNOUNCEMENTS No Announcements from Mayor Christiansen. COUNCIL MEMBERS' ANNOUNCEMENTS No Announcements from Council Members. The meeting adjourned at 7:47 p.m. ANDRIA BENNETT CITY CLERK All ordinances, resolutions, motions, and orders adopted by the City Council during their Regular Meeting of January 22, 2024, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR