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REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on March 11, 2024, at 6:31 p.m. with Council
President Hare presiding. Council members present were Mr. Anderson, Mr. Boggerty (arrived
via WebEx at 6:33 p.m. And departed at 7:20 p.m.), Mr. Neil, Dr. Pillsbury, Ms. Arndt,
Mr. Rocha, Mr. Sudler, and Mr. Lewis.
Staff members present were Police Chief Johnson, Ms. Marney, Mr. Hugg, Ms. Melson-
Williams, Chief Carey (via WebEx), Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was
also present.
OPEN FORUM
The Open Forum was held at 6:17 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 Elder Ellis B. Louden.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Sudler.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt, and unanimously
carried.
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon
by a single roll call vote of the Council. There will be no separate discussion of these items
unless a member of Council requests, in which event the matter shall be removed from the
Consent Agenda and considered a separate item.
Mr. Sudler moved for adoption of the consent agenda as amended, seconded by Mr. Neil,
and carried by a unanimous roll call vote.
PRESENTATION – ANNUAL REPORT – PLANNING, INSPECTIONS, AND
COMMUNITY DEVELOPMENT 2023 ANNUAL REPORT
Ms. Sharon Duca, Assistant City Manager, reviewed the 2023 Annual Report.
Responding to Mr. Sudler, Ms. Melson-Williams stated that the results of the C-2 revisions are
scheduled this evening for the public hearing on the proposed ordinance. Ms. Melson-Williams
further stated that she would defer the details until they get to the agenda item.
Responding to Mr. Lewis, Ms. Duca stated that one of the biggest things that they need to ensure
is consistency within the department.
Responding to Mr. Sudler, Ms. Duca stated that she is helping with the administration of all five
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(5) divisions.
Responding to Mr. Sudler, Ms. Duca explained that they could find the pros and cons on both
sides and keeping them together, they are very intertwined in a lot of aspects. Such as, the permit
process goes through numerous departments. It goes through the division’s planning as well as
building inspections in the fire marshal’s office and the inspections are performed by all of them.
Ms. Duca further explained that some of them overlap with code, which greatly involves
planning and that definitely a tie that keeps them together. The city does have a history of
splitting apart departments and putting them back together and you could find reasoning to try to
consolidate some of that a little better. Ms. Duca believes that it’s more of what the overall intent
is and where they would have to look at what the financial ramifications would be of splitting.
Mr. Anderson moved for acceptance of the Planning, Inspections, and Community
Development 2023 Annual Report. The motion was seconded by Mr. Neil and unanimously
carried.
PUBLIC HEARING
ORDINANCE/FINAL READING – PROPOSED ORDINANCE NO. #2024-01 –
AMENDING APPENDIX B – ZONING, ARTICLE 3 – DISTRICT REGULATIONS,
SECTION 13 – CENTRAL COMMERCIAL ZONE (C-2) AND OTHER SECTIONS OF
THE ZONING ORDINANCE
A public hearing was duly advertised for this time and place to consider the text amendments of
Appendix B – Zoning, Article 3 – District Regulations, Section 13 – central Commercial Zone
(C-2) and other sections of the Zoning Ordinance. Council President Hare reminded members of
the public that copies of the proposed ordinance were available at the entrance of the Council
Chambers or on the City's website at www.cityofdover.com under "Government."
Mr. Neil moved that the Final Reading of Proposed Ordinance #2024-01 be acknowledged
by title only, seconded by Dr. Pillsbury, and unanimously carried. (The First Reading of
the proposed ordinance was accomplished during the Council Meeting of January 22,
2024.)
Ms. Dawn Melson-Williams, Principal Planner reviewed Proposed Ordinance No. #2024-01 –
Amending Appendix B – Zoning, Article 3 – District Regulations, Section 13 – Central
Commercial Zone (C-2) and other sections of the zoning ordinance.
Responding to Ms. Melson-Williams, Mr. Lewis explained that the letter dated January 8th,
2024, addressed to City Clerk Bennett concerning parking indicates in paragraph three (3) that
there are no parking requirements for existing buildings in the C-2 zone, and there are also no
minimum parking requirements for new construction in the C-2 zone.
Responding to Mr. Lewis, Ms. Melson-Williams highlighted that there are several parking
options available, with many parcels already having on-site parking capabilities. She noted that
parking options range from areas with no street parking to managed parking lots and alternative
transportation modes like walking and transit options. Ms. Melson-Williams clarified that the
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zoning ordinance does not compel existing locations to alter their parking arrangements. Instead,
it primarily addresses parking requirements for new developments, whether they involve existing
buildings or new construction, outlining the parking standards applicable in those scenarios.
Responding to Ms. Melson-Williams, Mr. Lewis asked that for the existing residents, it would
not have an effect on the record for the existing residents that live in that area.
Responding to Mr. Lewis, Ms. Melson-Williams noted that existing residents may already have
various parking options at their disposal. However, she clarified that the specifics of how
individuals, property owners, or landlord-tenant arrangements choose to manage parking is not
addressed by this ordinance provision. The provision primarily pertains to new developments
and does not dictate how existing parking situations should be managed.
Responding to Ms. Melson-Williams, Mr. Lewis mentioned that on page 59 of the packet, there
is a reference to the text amendment C-2 central commercial zoning uses and standards,
specifically related to development standards. He noted that it lists public comments received
through February 7th, 2024, including letters from the Downtown Dover Partnership and Donnie
Legends, whom he believes owns a business in the city.
Responding to Mr. Lewis, Ms. Melson-Williams explained that the package Mr. Lewis is
referencing contains a series of written comments received before the Planning Commission
meeting. During the meeting, representatives from various groups spoke, but she would need to
check if any of them spoke solely as residents. She noted that while some speakers were
residents of the City of Dover, their discussions mainly centered around their roles as business
owners or their involvement in other organizations, rather than focusing on themselves solely as
residents.
Responding to Mr. Sudler, Ms. Melson-Williams explained that the city's parking requirements
are currently specified in several different ways within the zoning ordinance. Ms. Melson-
Williams further explained that individual zones may have specific parking requirements. Article
six (6) of the ordinance deals with parking regulations, which are tied to zoning and specific land
uses. If there is a particular use, then there is a different parking requirement that is listed. The
current proposal suggests that in the downtown redevelopment target area, new construction
projects can claim a parking exemption for certain uses. However, they must provide a detailed
parking strategy as part of their development plan process, which would then be reviewed by the
Planning Commission.
Responding to Mr. Sudler, Ms. Melson-Williams stated that the process would be to submit a
parking strategy and that strategy could include building a certain number of parking spaces on-
site. The parking strategy might involve anticipating visitors parking once and then visiting
multiple locations without moving their car. Alternatively, it could involve expecting users or
tenants to arrive via transit or other multimodal options. Ms. Melson-Williams clarified that the
proposed approach leaves room for flexibility in how developers address their parking strategy.
She noted that it is unlikely that all parking needs would be met through on-street parking alone.
Ms. Melson-Williams explained that there are various factors to consider when developing a
parking strategy. These include time limits for parking spaces, restrictions on parking for certain
streets, and eligibility criteria for the residential parking permit program. Developers have
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flexibility in how they package together their parking strategy, considering these factors. The
City of Dover's code already acknowledges that the downtown area is likely to have transit
options and be conducive to multimodal transportation and walkability. This recognition is
reflected in how parking is addressed in the area.
Council President Hare declared the public hearing open at 7:12 PM.
Todd Stonesifer, 115 North State Street, stated that he has had the opportunity to serve as the
President of the Downtown Dover Partnership. Mr. Stonesifer expressed concern that under the
current C-2 zoning, developers may be deterred from investing in the area. Mr. Stonesifer
believes that the solution to the downtown area is density and more pedestrians on the streets.
Mr. Stonesifer explained that he believes that the road system needs to shrink in size in order to
make it safer and easier to walk along the Loockerman Street corridor. Mr. Stonesifer also
suggested that Loockerman Street should not function as a through street but rather as a
destination in itself. He proposed that the side streets off Loockerman should be the primary
modes of transportation. Mr. Stonesifer expressed his support for the zoning changes and
requested their approval.
John Childress, 297 Katy Court, New Jersey, stated that he is the Interim Planning Director
leading the Mosaic Development Partners in creating the master plan. He explained that the
requirements and regulations proposed by the planning department will serve two crucial
purposes. First, they will attract more developers and encourage private investment in the area.
Second, they will enhance the city's aesthetic appeal and align with its overall beauty.
Jed Hatfield, Colonial Parking, 715 North Orange Street, Wilmington, Delaware, stated that they
are considering a property located in the heart of downtown to serve as the Center for All Transit
Movement. The plan includes providing bus access to the facility, as well as accommodating
automobiles, bicycles, scooters, and other modes of transportation, all in one central location as
outlined in the code. Mr. Hatfield further explained that having a centralized parking facility
takes the burden off some of the other projects, as well as creating a much more efficient parking
within downtown. A single facility or a series of facilities could cater to both businesspeople
during the day and residents primarily at night. This approach would ensure a more efficient use
of parking spaces downtown, avoiding overbuilding and having empty spaces during the day. By
managing these facilities effectively, we can make better use of the available space.
Zach Prebula, 173 Abigail Lane, Magnolia, stated that he is in support of the text amendments
and believes that they will contribute to the revitalization of the downtown area. He expects that
these changes will not only attract developers but also entice new businesses to the area and
bring in new residents.
Mike Lick, Lighthouse Construction, 859 Golf Links Lane, Magnolia, stated that he is one of the
developers for the old Dover Post. Mr. Lick explained that the changes that are before them
tonight are absolutely critical for successful development in downtown Dover.
Ed Dougherty, 25 Lotus Street stated that he highly recommends that they take the initiative and
start pushing for change. He emphasized the need for something different, noting that the city is
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expecting an influx of new residents who will deserve a functional downtown Dover.
Andria Bennett, City Clerk read three (3) letters of support for the proposed ordinance (Exhibits
1-3).
Toby Jackson Oakley,12 Representative Lane, stated that she is not in opposition to anything that
is going on downtown. Ms. Oakley explained that she is the daughter of two (2) elderly parents
and is concerned for elderly people because her mom cannot walk long distances. Ms. Oakley
further explained that if a proposal were made to block off Loockerman Street, allowing parking
only on the outskirts, it would raise concerns. She highlighted that this arrangement would be
particularly challenging for elderly individuals, citing her mother's difficulty in walking long
distances.
Council President Hare declared the public hearing closed at 7:31 PM.
Responding to Mr. Sudler, Mr. Stonesifer clarified that there are no plans to close Loockerman
Street to vehicular traffic and make it pedestrian-only. He explained that they are considering a
concept to narrow the street, which would slow down traffic, widen the sidewalks, and retain all
existing street parking. This approach aims to enhance pedestrian safety and comfort without
reducing available parking spaces; instead, it would add to the overall parking capacity.
By motion of Mr. Neil, seconded by Ms. Arndt, Council, by a roll call vote of seven (7) yes
(Anderson, Neil, Pillsbury, Arndt, Rocha, Sudler, and Hare), one (1) no (Lewis), and one
(1) absent (Boggerty), adopted Ordinance #2024-01, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Appendix B – Zoning, Article 3 Section 13. Central Commercial Zone (C-2) be amended to
read as follows:
APPENDIX B – ZONING
ARTICLE 3 - DISTRICT REGULATIONS
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, cafes, and eating establishments.
Commercial kitchens.
Microbrewery, craft distillery, and meadery establishments.
(e) Hotels, including bed and breakfast inns.
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(f) Art galleries and artisan studios.
(g) Service establishments.
(h) Banks and financial institutions
(i) Personal service establishments.
(j) Business, professional, and government offices.
(k) Apartments and multi-family dwellings, provided that no dwelling units shall be
permitted on the first floor on the street frontage of Loockerman Street. Uses accessory to
the residential units such as lobby and amenity spaces are permitted on the first floor.
(l) Live-work units.
(m) Indoor recreation and amusement establishments.
(n) Parking lots and parking structures as a principal use.
(o) Places of public assembly.
(p) Manufacturing, assembling, converting, altering, finishing, cleaning, cooking, baking,
or any other processing of products where goods so produced or processed are to be sold
at retail on the premises or online and where the size of the establishment shall not
exceed 5,000 square feet in floor area.
(q) Open space areas.
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) Manufacturing, assembling, converting, altering, finishing, cleaning, cooking, baking,
or any other processing of products where goods so produced or processed are to be sold
at retail on the premises or online and where the size of the establishment exceeds 5,000
square feet in floor area.
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, outdoor gathering areas, and outdoor sales areas approved by the city planner or
approved as part of the site development plan approval required by article 3, section 13.6.
13.5 Design standards. The following standards shall apply to the site and building development
in the central commercial zone (C-2):
13.51 Façade Articulation. Building facades should incorporate design elements to
provide a base, middle, and top of the building to reinforce the pedestrian scale at the
street level.
13.52 Height. For buildings greater than four (4) stories in height, then the upper floors
above the fourth story shall step back six (6) feet for fifty percent (50%) of the width of
the primary facade. For buildings greater than six (6) stories, then the upper floors above
the sixth floor shall step back an additional six (6) feet on the primary façade. These step
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back areas may begin at a lower height than these minimums as part of the building
design in order to be compatible with the character of the area.
13.53 Step back areas. The step back areas should be open to the sky and can be open air
balcony spaces or other design architectural features that are not enclosed spaces.
13.54 Off-street Parking. Off-street parking lots shall not be permitted to be situated
between the street line and the primary facade of the principal building. Consideration
should be given to locating parking to the side or rear of the building.
13.55 Screening. Any off-street parking lots provided shall be screened from the street
line by buildings, landscaping, or other means. Off-street parking lots shall be screened
from adjacent residential zones and residential uses. This screening provision does not
apply to adjacent alleys.
13.6 Performance standards. All uses are subject to performance standards as set forth in article
5, section 8.1.
13.7 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.
BE IT FURTHER ORDAINED:
That Appendix B – Zoning, Article 4 Section 4.14 amended to read as follows:
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 required, None required, None required, None required,
but 5 feet min. but 5 feet min. but 5 feet min. if but 5 feet min. if
if provided if provided provided provided
Rear yard (ft.) 15 15 20 above ground 20 above ground
floor. At ground floor. At ground
floor, 5 ft. floor, 5 ft.
required required
Side or rear yards 15 15 15 25
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C-1 C-1A C-2 C-2A
which adjoin a
residential zone (ft.)
Off-street parking
Per 300 sq. ft. floor 1
area or
Per employee 1
(whichever is
greater)
Maximum
permitted:
Building height
Stories 2 2 10 6
Feet 30 30 125 75
Floor area ratio 1.0 1.5 5.0 4.0
BE IT FURTHER ORDAINED:
That Appendix B – Zoning, Article 5 Section 6 amended to read as follows:
Section 6. - Dumpsters for trash and recycling.
6.1 Location of trash receptacles. In all zones of the City of Dover (except in residential zones
where standard City of Dover 90-gallon trash containers are used), all trash receptacles and
bulk recycling bins (excluding publicly operated recycling drop off centers), which shall be
referred to collectively as "dumpsters" in this ordinance, are to be situated in order to allow
safe and efficient access by trash collection vehicles and shall be screened from public view.
All dumpsters must comply with the following regulations:
6.11 Location and screening required. All dumpsters must be located in approved locations on
the lot. Dumpsters must be placed on hard, paved, dust-free surfaces and may not be placed in
designated parking spaces, fire lanes, or access ways. Outside storage of trash, cardboard, or
shipping pallets is prohibited. A dumpster enclosure is required to screen the dumpster from
view whenever these units are situated so that they will be visible from any public right -of-way
or from an adjacent property.
6.12 Minimum dumpsters required.
Use Dumpsters Required
Apartment complex or Apartment Two required for the first 48 apartments; one required for
Building with over 10 units each additional 24 apartments or fraction thereof
Non-residential uses Two required per property
6.13 Selection of trash service. Applicants for site development plan approval shall specify the
proposed method of trash collection at the time of application. A change in the method of
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collection may require an alteration of the site plan, subject to approval of the city planner or
the planning commission.
6.14 Maneuvering 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 trash collection vehicles.
6.15 Minimum dimensions for dumpster enclosures. All dumpster enclosures must be adequate
to screen dumpsters from public view. Enclosures for private collection must be no less than
seven feet in height. The height of enclosures for City of Dover collection may be no less than
five feet high.
6.16 Enclosure construction. All dumpster enclosures shall be constructed of durable materials
that will withstand the normal use and wear expected in trash removal operations. Whenever a
dumpster, in its enclosure, will be visible from a public right-of-way, the appearance of the
dumpster enclosures shall complement the architecture of the principal building on the lot, and
be constructed with the same or similar exterior materials.
6.17 Gates. Gates are required whenever a dumpster, in its enclosure, will be visible from a
public right-of-way. Gates must be designed to swing back behind the front of the enclosure
and lock in the open position. If City of Dover trash service is provided, it is the responsibility
of the property owner or occupant to open and securely lock back the gates to allow for trash
pick up. The gates may be opened 12 hours prior to pick up and must be closed within 12 hours
after pick up.
6.18 Reduction of dumpster requirement. When a use is required to provide dumpsters as part
of site development plan approval, the required number of dumpsters may be reduced under
the following circumstances:
a) Dumpster pads reserved for future use. An area of the site reserved for a dumpster
may be substituted for an actual dumpster. The provided area must be large enough to
accommodate a dumpster and must be accessible to trash collection services. The city
planner may require that the owner of record of the property provide a dumpster in the
reserved location, together with any enclosure required, upon determining there is need
for the additional dumpster.
b) Trash compactor substitution. Trash compactors may be substituted for ordinary
dumpsters at a two to one ratio. The city planner may approve a higher substitution
ratio if specifications are provided indicating the machine will achieve a
correspondingly higher trash compaction ratio. Trash compactors must meet the same
location and screening requirements as other dumpsters. Sites providing trash
compactors must still provide separate receptacles for recycling.
c) Alternative solutions. Alternative solutions for the storage of and collection methods
for trash and recycling receptables may be considered. The city planner or planning
commission may authorize alternative solutions.
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6.2 Location and screening approval required. The locations of new dumpsters on a site and
any screening necessary shall be approved through the site development plan approval process,
according to the type of review required in article 10 of this appendix.
6.3 Unauthorized dumpsters. Any dumpster not previously approved through the site
development plan approval process may be required by the city planner to be moved, removed,
or screened if said dumpster is a nuisance to neighboring properties by virtue of its current
location.
BE IT FURTHER ORDAINED:
That Appendix B – Zoning, Article 6 Section 3.1 amended to read as follows:
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 zones, bulk and parking regulations governing
the C-2 zoning district shall prevail.
iii. For new construction within the downtown redevelopment target area, as described
in appendix C of the Dover Code of Ordinances, there is no minimum off-street parking
requirement based on use. To utilize this exception, a parking strategy statement must
be submitted for review as part of the site development plan approval required by
appendix B, zoning, article 10, section 2.
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
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
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For: At Least One Parking Space For Each
Elementary or junior high school Eight (8) seats in main auditorium/cafeteria or
gymnasium
High school, technical school, college or Five (5) seats in main auditorium/cafeteria or
university 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 Three (3) seats
boxing stadiums 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
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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.
(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
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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.
(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
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CITY COUNCIL MEETING OF MARCH 11, 2024 PAGE 14
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.
BE IT FURTHER ORDAINED:
That Appendix B – Zoning, Article 12 – Definitions be amended to read as follows:
Live-work unit: A first floor business use, such as an office, studio, shop, café, service
establishment, personal service establishment, or other permitted use in combination with an
office and a dwelling unit located above such place of business. A person or persons other than
the proprietor of the first floor business may occupy the dwelling unit portion of a Live-work
unit.
ADOPTED: March 11, 2024
ORDINANCE/FINAL READING – PROPOSED ORDINANCE NO. #2024-03 –
COMPREHENSIVE PLAN AMENDMENT 2024 - CONSIDERATION OF
AMENDMENT TO MAP 12-1: LAND DEVELOPMENT PLAN MAP
A public hearing was duly advertised for this time and place to consider the Comprehensive Plan
Amendment 2024 – Consideration of Amendment to Map 12-1: Land Development Plan Map.
Council President Hare reminded members of the public that copies of the proposed ordinance
were available at the entrance of the Council Chambers or on the City's website at
www.cityofdover.com under "Government.
Mr. Neil moved that the Final Reading of the proposed ordinance be acknowledged by title
only, seconded by Dr. Pillsbury, and unanimously carried. (The First Reading of the
proposed ordinance was accomplished during the Council Meeting of January 22, 2024.)
Ms. Dawn Melson-Williams, Principal Planner briefed members on Proposed Ordinance No.
#2024-03 - Comprehensive Plan Amendment 2024 – Consideration of Amendment to Map 12-1:
Land Development Plan Map.
Responding to Mr. Sudler, Ms. Melson-Williams stated that the current consideration does not
entail outlining a development plan for a specific parcel. Instead, it focuses on the general land
use classification and planning for traffic and road improvements in the area. Ms. Melson-
Williams explained that this would be part of any kind of site development plan review process
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CITY COUNCIL MEETING OF MARCH 11, 2024 PAGE 15
and that Silver Lake Boulevard, she believes, is a city-maintained street. Ms. Melson-Williams
further explained that their Public Works Office and Department of Water Wastewater would
provide regulatory comments regarding any future development of the parcel in question, as well
as other parcels in the City of Dover, when the time comes.
Responding to Ms. Melson-Williams, Mr. Anderson stated that a goal of mixed land use is "to
encourage the creation of neighborhood centers" and that within the close-knit neighborhood
fabric, there are opportunities for the creation of urban centers. Mr. Anderson explained that
these centers should be established along major roadways and feature mixed-use development.
He questioned how this concept would fit in with the current discussion, as the area in question is
anything but a major roadway; it is a small neighborhood cul-de-sac and dead end. The area in
question includes a nursing home with medical and ambulance traffic going in and out.
Council President Hare declared the hearing open at 7:42 p.m.
Kyle Burchard with Mountain Consulting, 103 South Bradford Street stated that he is requesting
to amend the Comprehensive Plan designation of the property from office to mixed-use. Mr.
Burchard explained that this is the seed of an idea for a development that requires this as part of
the process. It begins with the land, and these amenities are highly desirable for residential
purposes, making it a potentially good investment for some retail commercial development as
well. Mr. Burchard further explained that the road system is a concern, and the development is
restricted by what the road system and walkways can accommodate. This would go through the
city’s review process out of Walker Road. Additionally, there will be impact studies required
through DelDOT as part of the site plan review process. Mr. Burchard expressed eagerness to
make the necessary mitigation adjustments to ensure that the roadway is adequate and
appropriate for the community.
Nick Patel, with Equitable Ownership, 1671 South State Street, stated that there are some
growing concerns that a few City Council members have brought up previously, as well as some
residents, regarding the rezoning. Especially since there has not been any real discussion about
the potential proposed project. Mr. Patel explained that they would love to provide details, but
they do not have a clear vision of what they would like to see there. Until the rezoning is
approved, they cannot begin to formulate any concrete plans or ideas for the area. Mr. Patel
further explained that the goal is to develop a mixed-use project that includes residential housing
and community retail, offering grocery stores, dining options, entertainment venues, and other
community-accessible amenities. The plan also includes the creation of walkways and spaces
where community members can walk their dogs or take their kids for a stroll. Mr. Patel stated
that they understand and acknowledge that many concerns revolve around increased traffic. He
emphasized their commitment to working with the relevant agencies to study these impacts
thoroughly and to seek solutions that minimize disruptions to the council and residents. Mr. Patel
further stated that whether the property is developed with the current zoning type, or the new
zoning type requested, an increase in traffic is inevitable. Mr. Patel explained that they are
looking to introduce a vibrant mix of residential and commercial spaces. This endeavor seeks not
to alter the community’s essence, but to enrich it, respecting the city’s growth aspirations and
leveraging the potential of this well-placed parcel. Mr. Patel believes that this will have a
positive impact on the community.
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CITY COUNCIL MEETING OF MARCH 11, 2024 PAGE 16
Kathy Masser, 937 Silver Lake Boulevard, stated that there are two important factors that have
not been mentioned. First, the area is residential, and the road ends in a cul-de-sac with a speed
limit of only 25 miles per hour. There are school buses that pick up and drop off kids right on the
street, and children are often riding their bikes and playing in the area. Ms. Masser further stated
that she has great concern about the potential traffic implications of any building in the area and
how it might disrupt safety. Ms. Masser explained that second important factor is that the
property backs right onto Silver Lake. She noted that the wildlife in the area has increased,
including herons, water birds, owls, and their families, but the main concern is the presence of
bald eagles. Ms. Masser further explained that if they build either too high or too close to the
end, it could disrupt the wildlife habitat and might even violate the Bald and Golden Eagle
Protection Act. Ms. Masser clarified that she is not opposed to the building itself or to supporting
it, but she would need to know specific details such as its height, proximity to other structures,
and its purpose before she could endorse a change in zoning.
Michael Braun,18 Wimbledon Drive, stated that he was troubled when he learned after the
meeting that the zoning request violated the Comprehensive Plan. This information was not
mentioned during the meeting, and he noted that there is a separate agenda item or process to
change the Comprehensive Plan.
Edward Dougherty, 25 Lotus Street, stated that there are traffic, speed, and safety concerns.
Nikko Brady, 973 Silver Lake Boulevard, stated that the city had initiated the 18-month clock for
amending the Comprehensive Plan. However, given the dates of the Planning Commission
hearing, the City Council Meeting, and the first reading of the amendment, all of which fall
outside of the 18-month timeframe, there may be an issue with the timing of the process.
Crystal Dyke, 16 Representative Lane, stated that she speaks against this item because this is a
safety concern. Ms. Dyke explained that this is a small, close-knit community, and constructing a
mixed development could potentially bring unwanted traffic and individuals who may disrupt the
community. She expressed concern about the impact on the surrounding area where the nursing
home and corporate offices are located. Ms. Dyke expressed concern about the impact on
wildlife, noting that there is a lot of wildlife in the area. She feels that building on the available
land would take away their homes as well. Ms. Dyke suggested that if there is a desire to build
something in the area, it should be a development for the youth.
Eugene Davis, 6 Representative Lane, stated that the main issue and concern is public safety, and
that they do not need any suspicious characters back where they live. Mr. Davis further stated
that they need a clearer answer to what is going to happen there.
Karen Waters McGee, 43 Representative Lane, stated that she opposes Comprehensive Planned
Amendment 2024-03, which aims to revise the plan to allow the vacant lot to be changed to a
mixed-use area. She reiterated her opposition to revising the plan for this purpose and stated that
she will also oppose the next item on the agenda.
Toby Jackson Oakley, 12 Representative Lane, expressed concern about the potential increase in
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CITY COUNCIL MEETING OF MARCH 11, 2024 PAGE 17
traffic and the number of people going to the area. She also voiced concerns about the impact on
the habitat. Ms. Oakley further stated that as far as the road structure goes, the infrastructure
cannot make another outlet out of there because the lake is there. They would have to come back
through the neighborhood where all the kids play and where they are just trying to have a life.
Shelly Heath, 16 Silver Lake Representative Lane, stated that she is concerned about the
potential impact on the nursing home. Ms. Heath explained that the residents, who are preparing
to transition to another stage of life, may not find calmness or readiness if there is busy traffic,
safety issues, and noise due to new construction in the area.
Jill Quick, 27 Representative Lane expressed concerns about the safety of children in the area.
She also voiced concerns about the potential impact of a retail establishment in the area, noting
that it is not an appropriate location, especially near Silver Lake. Ms. Quick emphasized that
their neighborhood is beautiful, and with more retail businesses, there is an increase in litter and
pedestrian traffic. She stated that she does not support a mixed-use development in the area.
Dana Lyman, 961 Silver Lake Road, stated that mixed-use is not appropriate for the area.
Mr. Lyman suggested that if there is a need to repurpose something in the area, they should
consider converting the credit union into additional office space as needed.
Angela West, 971 Silver Lake Boulevard, stated that the intentions for development on the
property of any kind of mixed-use property will negatively impact the quality of life for all the
residents. Ms. West explained that those speaking in favor of this proposal do not reside in the
affected area, and any development would directly impact the residents' front and backyards. An
increase in population, consumers, or office workers would lead to increased pollution,
trespassing, and worsened traffic conditions.
Council President Hare declared the hearing closed at 8:13 p.m.
Responding to Mr. Sudler, Mr. Hare stated that Mr. Rodriguez indicated that his question is not
pertinent to this motion.
Responding to Dr. Pillsbury, Ms. Melson-Williams stated that currently the property is zoned
CPO which stands for Commercial Professional Office. explained that according to the CPO
(Commercial Planned Office) zoning ordinance, permitted uses include business, professional, or
government offices, banks, medical facilities, laboratories, drive-in facilities, accessory uses
related to permitted uses, and uses that are allowed outright. Ms. Melson-Williams further
explained that there are a series of conditional uses, which require a special review process with
the Planning Commission for approval. These uses include cafeterias, restaurants, barbershops,
beauty shops, copy centers, office supply stores, retail stores, newsstands, spas, health clubs, and
associated laboratories that are not related to medical uses. Accessory uses to a permitted use on
the same lot are allowed if there is already an office, a bank, and a medical lab on the property.
Additionally, conditional uses that are on the residential side would need to undergo a special
review process in the CPO zone. The CPO zoning, as it currently stands, is designated for office
use. However, there are other potential uses that could be developed through the conditional use
process if the Planning Commission deems it appropriate. In any case, development on this tract
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CITY COUNCIL MEETING OF MARCH 11, 2024 PAGE 18
of land would likely be subject to a site development plan that requires Planning Commission
review. Currently under consideration is the Comprehensive Plan amendment, which relates to
the land use classification.
Responding to Ms. Melson-Williams, Dr. Pillsbury stated that the zoning category, being
commercial and professional office, is somewhat misleading. She expressed that if it were solely
for office use, it would be easier to understand everyone's concerns. However, based on the
description of a CPO, there is a lot of concern regarding that zoning designation.
Mr. Anderson stated that he would like to see an opportunity for the community to come
together. He acknowledged that some community members are looking to invest in the area and
want to ensure they have a fair chance at proposing something acceptable to the community.
However, he voiced skepticism about the appropriateness of mixed-use zoning, as it could open
the area to being rezoned in various ways. Mr. Anderson further explained that changing the
comprehensive plan is a significant decision that can only be done once a year. He emphasized
the importance of community input in this process. Due to these considerations, he moved
deferring this item for 30 days.
Mr. Anderson moved to defer Proposed Ordinance No. #2024-03 for 30 days, seconded by
Mr. Sudler, and carried by a unanimous roll call vote.
Responding to Mr. Rocha, Mr. Anderson explained that the reason for the deferral would be to
allow the community and developers to come together and understand each other's perspectives
better. He emphasized the importance of fostering a willingness among all parties to collaborate
and reach a mutual understanding of their respective goals. Mr. Anderson stated that this could be a
whole different discussion in 30 days if they are allowed to do that, but if not, they have nothing to
lose, but 30 days can make a big difference.
Mr. Neil stated that before making any decisions in the next 30 days, they should carefully
consider the potential impact of this project, as it could be an extremely important addition to their
neighborhood.
Ms. Arndt stated that she has seen conversations with the city solicitor and just wanted to get the
solicitor’s opinion on whether it would be appropriate to defer this motion for these reasons.
Responding to Ms. Arndt, Mr. Hare stated that it is acceptable.
Ms. Arndt stated that she would rather see it as something for the residents to use and enjoy.
ORDINANCE/FINAL READING – PROPOSED ORDINANCE NO. #2024-04 – LANDS
OF DOVER FEDERAL CREDIT UNION AT 1079 SILVER LAKE BOULEVARD: CPO
TO C-2A
A public hearing was duly advertised for this time and place to consider the Proposed Ordinance
No. 2024-04 – Lands of Dover Federal Credit Union at 1079 Silver Lake Boulevard: CPO to C-
2A. Council President Hare reminded members of the public that copies of the proposed
ordinance were available at the entrance of the Council Chambers or on the City's website at
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CITY COUNCIL MEETING OF MARCH 11, 2024 PAGE 19
www.cityofdover.com under "Government. The First Reading of the proposed ordinance was
accomplished during the Council Meeting of January 22, 2024.
Mr. Hare stated that council cannot consider changing the zoning from CPO to C-2A because
they did not consider the first item. As Mr. Rodriguez pointed out, they are not permitted to do
so. Therefore, council will need to defer this decision as well, in alignment with the decision
regarding item number three (3).
Mr. Sudler moved to defer Proposed Ordinance No. #2024-04 for 30 days, seconded by Mr.
Neil, and carried by a unanimous roll call vote.
Mr. Sudler stated that Councilman Anderson, Councilman Boggerty, and himself are willing to
facilitate a meeting between the developers, property owners, and the community.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 26,
2024
The Minutes of the Regular Council Meeting of February 26, 2024, were unanimously
approved by motion of Mr. Neil, seconded by Dr. Pillsbury, and bore the written approval
of Mayor Christiansen.
COUNCIL COMMITTEE OF THE WHOLE REPORT – FEBRUARY 27,
2024
The Council Committee of the Whole met on February 27, 2024, 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 absent. Civilian members present
for their Committee meetings were Ms. Smack (Safety, Advisory, and
Transportation), Mr. Shevock (via WebEx) (Legislative, Finance, and
Administration). Dr. Jackson-Short (Safety, Advisory, and Transportation), and
Ms. Smith (Legislative, Finance and Administration) were absent.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and
unanimously carried.
SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE
The Safety, Advisory, and Transportation Committee met with Chairman Lewis
presiding.
Adoption of Agenda
Mr. Lewis requested to remove Item #2 – Citizen Concern over Safety Issues in
Towne Point, as the citizen who initiated the item being put on the agenda chose
to not speak publicly.
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CITY COUNCIL MEETING OF MARCH 11, 2024 PAGE 20
Mr. Neil moved for adoption of the agenda as amended, seconded by Mr.
Rocha and unanimously carried.
Quarterly Briefing on Dover/Kent County Metropolitan Planning
Organization (MPO) Projects (Marilyn Smith, Executive Director of the
Dover/Kent County MPO)
Ms. Marilyn Smith, Executive Director of the Dover/Kent County Metropolitan
Planning Organization (MPO), provided a quarterly briefing on Dover/Kent
County MPO Projects.
Committee Action Not Required.
Responding to Mr. Sudler, Ms. Smith stated they have applied for a Rail Corridor
Identification Grant in partnership with DelDOT, DART, WILMAPCO, and
Salisbury/Wicomico MPO. Ms. Smith stated that they received a $500,000 grant
to do the study however, since there is no identified passenger corridor operating
right now, one must be identified. Ms. Smith explained that because DART was
the applicant, they had to sign the agreement with the Federal Highway
Administration.
Responding to Mr. Sudler, Ms. Smith stated that the study should take 12 to 16
months to complete, once the federal contracts are in place. Ms. Smith explained
that would put them at a year to a year and a half before they have a finalized
study with recommendations.
Responding to Mr. Boggerty, Ms. Smith stated that in the Downtown Dover
Pathways study, they are focusing on bike, pedestrian, and micro-mobility. Ms.
Smith noted that micro-mobility includes electronic scooters. Ms. Smith
explained that there will be a chapter that talks about micro-mobility including
ebikes as well, and then shows how they could be implemented.
Responding to Mr. Rocha, Ms. Smith stated that she is not sure what kind of
funding is available for elevating the railroad tracks but if that is something that
the city would like to pursue, then there would need to be a conversation with the
Federal Railroad Administration.
Responding to Mr. Rocha, Ms. Smith stated that the Bay Road Path & Walking
Trail Connections study went from Chesapeake Utilities, onto Bay Road, down
Bay Road, and then provided a safe crossing over to DelDOT.
Responding to Mr. Rocha, Ms. Smith stated that if there is a specific section of
trail that he has concerns with, they would have to find out who the trail sponsor
is. Ms. Smith explained that the sponsors can be DNREC, DelDOT, the county, or
a municipality. Ms. Smith also stated that when they recommend new trails or
new connections, they include lighting as a part of the development to make sure
the trail is safe.
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CITY COUNCIL MEETING OF MARCH 11, 2024 PAGE 21
Responding to Mr. Anderson, Ms. Smith stated that in the meantime to help aid
the need for truck parking, DelDOT created a flyer that provides some preferred
truck parking areas. They are trying to get the word out to truck drivers that
parking exists, and some are in Dover and Kent County. Ms. Smith explained that
DelDOT has re-striped some truck parking spaces at the DMV and a couple of
park-and-ride locations. Ms. Smith stated that their GIS mapper is working on
pulling parcels that are owned by private landowners and could potentially be
designated as temporary truck parking spaces. Ms. Smith explained that there is
an RFP out to make significant upgrades to the Smyrna rest area so that it can
accommodate more truck parking.
Mr. Lewis moved for adjournment of the Safety Advisory and
Transportation Committee meeting, hearing no objection the meeting
adjourned at 6:39 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman
Anderson presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and
unanimously carried.
Discussion – Establishing a Conduit Bond Program (Emilie Ninan, Partner
at Ballad Spahr)
Ms. Emilie Ninan, Partner at Ballad Spahr, reviewed the presentation entitled,
Using Conduit Tax-Exempt Bonds to Finance Capital Projects.
Committee recommended referring to staff for the next steps.
Responding to Mr. Neil, Ms. Ninan stated that the bank is lending the money
based on their credit. The city would not have any responsibility as a conduit
issuer to repay the debt because the city is not giving them any of their credit for
them to obtain the lower rate. Ms. Ninan explained that the only thing to be
concerned about as the issuer is the reputational risk and whether the city wants to
be associated with that borrower.
Responding to Mr. Sudler, Ms. Ninan stated that in some counties, the whole
council is the approver. Ms. Ninan explained that if the President is selected by
the members, then they are not considered elected as President, so the whole
council would be the approver.
Responding to Mr. Rocha, Ms. Ninan stated that they would ask for a
commitment letter indicating that there is interest in the market for the requested
type of bonds. Ms. Ninan explained that council would not want to spend their
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CITY COUNCIL MEETING OF MARCH 11, 2024 PAGE 22
time considering an application for someone with wishful thinking. Instead,
council would want them to have a real project that can pass the credit scrutiny.
Mr. Neil moved to refer to staff for further development and consideration.
The motion was seconded by Mr. Sudler and unanimously carried.
Update from the General Employee Pension Plan and Committee Report
(Bob Gedney, General Employee Pension Chair, and Christina Kober, City
of Dover Retiree)
Mr. Bob Gedney, General Employee Pension Chair, and Christina Kober, City of
Dover Retiree and General Employee Pension Board member reviewed an update
from the General Employee Pension Plan.
Committee Action Not Required.
Mr. Sudler expressed gratitude to the retirees for their dedication. Mr. Sudler
explained that council is committed to showing that they value all employees, past
and present.
Mr. Anderson mentioned that there will be legislation on a future agenda to
address the concerns of pensioners. Mr. Anderson stated that the actuary numbers
should be in for the workshop and that they will be available for the committee
meeting in March.
Responding to Mr. Boggerty, Ms. Kober stated that the link he provided did not
have any assistance information available for her to pass on, but she appreciated
the help.
Ms. Arndt expressed concern with the 25.5% cost of living adjustment and
explained that she would need to see all the data before making any decisions.
Dr. Pillsbury stated that 25% is what they did not receive over the past seven or
eight years. Dr. Pillsbury explained that they have taken the percentages each year
and added them up to come up with 25%.
Mr. Anderson mentioned that the city's actuary, with whom they contract, has
reviewed the numbers, and arrived at a figure close to what is being requested. He
emphasized that the requested amount is not unreasonable. He also explained that
once the numbers are back for the workshop meeting, they will review several
proposals from staff before committing to anything they cannot fulfill.
Responding to Mr. Rocha, Mr. Anderson stated that regarding the pension COLA
and the proposed retitling and regrading one will not take away from the other.
Mr. Anderson stated that council is not breaking the budget to make the changes
for this year.
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CITY COUNCIL MEETING OF MARCH 11, 2024 PAGE 23
Responding to Ms. Kober, Mr. Anderson stated that he has not been provided
with the report but anticipates that they will be talking about it on Friday at the
workshop.
Responding to Mr. Gedney, Mr. Anderson stated that council will have the report
by March 1st.
Proposed Ordinance #2024-02 – Amending Chapter 106 – Traffic and
Vehicles, Sec. 106-136 – On-street disabled parking (Councilman Neil and
Councilwoman Arndt)
Mr. Neil reviewed the background and proposed changes to the proposed
Ordinance #2024-02.
Staff recommended approval of Ordinance #2024-02.
Mr. Neil moved to include the staff amendments. The motion was seconded
by Mr. Shevock and unanimously carried.
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
Responding to Mr. Lewis, Mr. Hugg stated that the City Clerk’s Office has
researched and made the proposed changes. He did not want to have more than
one person calling to try to get different answers. Mr. Hugg explained that he has
the contact information for the Council on Disabilities of the State, which is a
State ADA Administrator. However, he has not taken any further steps knowing
that Mr. Neil, Ms. Arndt, and the Clerk’s Office were doing the research.
Responding to Mr. Anderson, Mr. Neil clarified that the changes to the city's code
were intended to add extra information, emphasizing that anyone requesting a
parking spot would be granted one if the Department of Motor Vehicles (DMV)
approved. He noted that the ordinance detailed existing city code requirements,
responsibilities regarding curb cuts, and other provisions aligning with the
Americans with Disabilities Act (ADA). Mr. Neil, who has 20 years of experience
in vocational rehab, reassured that the changes were not meant to harm the
individuals he had previously assisted.
Responding to Mr. Lewis, Mr. Hugg stated that the city does not have an ADA
Coordinator in the sense that Mr. Lewis asked. Mr. Hugg explained that the city
has an individual who is responsible for ensuring that anything the city does by
way of contracting or construction, including streets and curb cuts, meets ADA
standards. Mr. Hugg stated that it is not their responsibility to determine if
someone is eligible for a placard. Mr. Hugg explained that the Public Works
Department is the entity that issues the handicapped spaces and they do that
following the ADA requirements of depth and width.
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CITY COUNCIL MEETING OF MARCH 11, 2024 PAGE 24
Responding to Mr. Lewis, Mr. Hugg stated that if an individual walks into the
Public Works Department with a DMV certificate along with the various forms
stating that they meet the requirements, Public Works will go out and paint the
space.
Responding to Mr. Lewis, Mr. Neil clarified that if a resident has a driveway, they
do not need two placards. However, if they have a driveway and one parking spot,
they will need two placards. If they do not have access to a driveway but have two
placards, they would have two parking spots. He explained that the changes
primarily focus on driveway access, specifying responsibilities for ensuring ADA
compatibility.
Andria Bennett, City Clerk stated that the staff amendment was added at the
request of Mark Nowak, Public Work’s Director because a lot of times when there
is a disabled spot in front of someone's home, they think that they own that spot.
Ms. Bennett clarified that even if someone has requested a parking space and it is
in front of their home, they do not own the space. Anyone with a placard
indicating a need for accessible parking may rightfully park in that space.
Mr. Boggerty expressed his concerns with not being able to assign a requested
parking spot in a non-residential area to the disabled person who requested the
space. Mr. Boggerty stated that 30 years ago, the slope of the driveway may not
have been an issue. Now it is for someone using a walker or wheelchair and they
should be able to have rights to the spot that they requested. Mr. Boggerty
emphasized that it is not a matter of whether an altercation will occur, but rather
when it will happen.
Mr. Sudler agreed with Mr. Boggerty and Mr. Lewis and stated he feels that there
is a need for a more expert viewpoint and opinion on the matter. Mr. Sudler
questioned how many complaints were received and were the complaints made in
writing.
Responding to Mr. Sudler, Mr. Neil stated that there are a series of emails that
have transpired with the person making the complaint. Mr. Neil explained that
Ms. Arndt and Mr. Boggerty were able to review the emails and Mr. Boggerty
also met with the person.
Responding to Mr. Rocha, Mr. Neil stated that if they have a driveway, one
person can still have the parking spot, and two placards are needed. Mr. Neil
explained that two people need two parking spots, and one person needs one
parking spot. Mr. Neil stated that if they have a placard and the placard runs out
then the parking spot will disappear.
Responding to Mr. Rocha, Mr. Neil stated that when the placard expires the spot
should disappear unless they renew the placard.
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CITY COUNCIL MEETING OF MARCH 11, 2024 PAGE 25
Sharon Duca, Assistant City Manager stated that the program in the Public Works
Department has been around for some time. Ms. Duca explained that typically a
resident would call in requesting a spot to be designated on their road. Ms. Duca
stated that the residents would be asked to come in to show their identification,
and the placard, and give their address. Ms. Duca explained that the Streets
Supervisor or another member of the Streets Division would then go out to the
site and evaluate if a spot could be placed there. Ms. Duca stated that the resident
would then be contacted with the verdict if the spot would fit, and the city would
paint the spot. Ms. Duca explained that the Public Works Department has started
tracking the spots through the GIS system so that they have a list of all the spots
because they must be repainted on a certain frequency. Also, so that they can
check expired tags, in which case they would contact the resident for an updated
record.
Responding to Dr. Pillsbury, Ms. Duca stated that if they both want to have a
greater probability of getting a spot, then they both should request a spot.
Responding to Mr. Lewis, Ms. Duca stated that because there have been other
people who have requested designated spots not related to this, council would
have to move to allow into code to have individually designated spots.
Responding to Mr. Lewis, Ms. Duca stated that the way the code is written, they
would have the one in the driveway and then the one on the street.
Responding to Mr. Lewis, Ms. Duca stated that even though it is not addressed in
the code, if the city were to evaluate a personal driveway, they would have to look
for an ADA-accessible route from each parking spot. Therefore, to get from their
parking spot, they would still need to use their driveway to get to the front door or
sidewalk, which may or may not follow the slope requirements.
Responding to Mr. Sudler, Ms. Duca stated that Public Works does not enforce
who is parking in the space but if someone has a placard, then they are allowed to
park there.
Responding to Mr. Sudler, Ms. Duca stated that none of the spots are designated
solely for anyone in particular.
Ms. Arndt stated that the reason the text was added in green at the end was that it
stated that disabled parking spaces on public streets and parking lots are for public
use for validated placarded vehicles, not for personal or private use. Ms. Arndt
explained that if there is a handicapped space and they hold a handicapped
placard, they can park there regardless of whether they were the ones who sought
to have the space put there. Ms. Arndt stated that the intent was to preserve the
opportunities, in that folks who have an accessible option on their property that
they could use, that they would then not need to use the public space on the public
street that someone else might need for public space handicapped parking. Ms.
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CITY COUNCIL MEETING OF MARCH 11, 2024 PAGE 26
Arndt stated that they would then use their property, their driveway, or their
parking pad and that would constitute their opportunity to have an ADA-
compliant place to park and to preserve additional space on the street. Ms. Arndt
explained that the proposed changes are for those who have space where they
could park on their property, but still choose to get a handicapped placard and a
space on the street in front of their home. Which in turn, will then take away
space that others could use. Ms. Arndt stated that the proposed changes are just
trying to encourage people to park on their property and not on the street.
William Faust, 136 Orchard Avenue, Dover, expressed his concerns with the
enforcement of the abuse related to the use of handicapped placards.
Ron Krause stated that the appropriate term and the term used in state legislation
is accessible parking space, not disabled or handicapped. Mr. Krause also stated
that the Mid-Atlantic ADA would be a great resource.
Arielle Rivera, Assistant City Clerk, read into the record the opposition letter
from Mr. Richard Senato (Attachment #1).
Mr. Neil moved to recommend approval of the staff recommendations. The
motion was seconded by Ms. Arndt.
Mr. Rocha stated that the terms handicapped and disabled are outdated and that he
believes based on the recommendation that they should be changed to accessible.
Mr. Rocha moved to make an amendment to update the ordinance
recommendation to remove the terms handicapped and disabled and replace them
with accessible or the term that is the preference of what the ADA recommends.
Mr. Neil and Ms. Arndt stated that they are amendable to the changes.
Ms. Bennett stated that the original email from Mr. Neil included emails from
constituents as well as information from different municipalities that were
suggested. One of the suggested ordinance changes was too stringent and one was
not stringent enough. Ms. Bennett explained that the email suggested that there
was a situation going on in one of the communities and it concerned more than
one person.
Mr. Neil moved to recommend approval of the staff recommendations with
the requested changes. The motion was seconded by Ms. Arndt and carried
by a roll call vote of seven (7) yes (Boggerty, Neil, Rocha, Arndt, Anderson,
Hare, and Shevock), three (3) no (Pillsbury, Sudler, and Lewis), and one (1)
absent (Smith).
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
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CITY COUNCIL MEETING OF MARCH 11, 2024 PAGE 27
Procedure for the City Manager When Meeting with Legislators
(Councilman Rocha)
Mr. Rocha reviewed the background for the proposed procedure for the City
Manager when meeting with legislators.
Staff recommended adoption of the procedure.
Responding to Mr. Anderson, Mr. Rocha explained that the procedure is for
formal meetings to ensure that everyone is on the same page. He emphasized that
if a council member has heard the information during meetings and understands
the direction, they will not be blindsided by the information.
Responding to Mr. Boggerty, Mr. Rocha stated that the policy would not apply to
a meeting on the street, it would be for official meetings between the City
Manager and Legislators.
Mr. Boggerty expressed concerns about limiting the number of council members
present to not have a potential quorum and what constitutes a formal meeting.
Mr. Sudler stated that he feels Mr. Rocha intended to create a policy that is as
simple as council receiving an informal notice such as an email or memorandum,
stating that he will be meeting with a Legislator, and they will be discussing
whatever the topic may be. Mr. Sudler stated that if council knows that the City
Manager is scheduled to meet with Legislators, council can then follow up on
how the meeting went and what his thoughts are. Mr. Sudler explained that based
on their form of government, this policy would help make council aware that the
City Manager is meeting with Legislators about these specific topics so that
council is aware when they are approached by legislators.
Mr. Hugg expressed appreciation for the improved communication with council.
He shared an experience where he was approached by a legislator on a topic that
blindsided him, highlighting the challenge of staying informed. Mr. Hugg, who
has been in local government for a long time, mentioned that he sometimes runs
into legislators during lunch and has conversations that he may not be able to
relay to the council ahead of time.
Responding to Mr. Hugg, Mr. Rocha clarified that the policy was not intended to
suggest Mr. Hugg was not doing a good job. He explained that the policy was
unrelated to chance encounters with legislators but rather focused on ensuring that
if Mr. Hugg were to convene a meeting with the Governor's Aides and legislators,
someone from the council should be aware or invited. Mr. Rocha expressed
willingness to adjust the language of the policy as needed.
Ms. Arndt emphasized that council sets the vision and goals, and Mr. Hugg's
work is crucial in realizing those objectives. She suggested that it might be
beneficial for the council to receive a synopsis after the meetings to help them feel
more informed. She mentioned a previous City Manager who sent out weekly
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CITY COUNCIL MEETING OF MARCH 11, 2024 PAGE 28
review emails summarizing meetings and discussions, which she found helpful in
staying informed and connected with the city's progress.
Mr. Hugg stated that he has made sure that council will be included in the League
of Local Government emails. Mr. Hugg also stated that he will make sure to
summarize weekly what he has been involved in.
Mr. Hare interpreted the proposed policy as allowing the Council President to
request a specific council person to attend a meeting where the City Manager
plans to be present and where that council person may have relevant experience.
Mr. Neil expressed concerns about micromanaging the City Manager. Mr. Neil
stated that if more communication is what council wants then council can simply
ask that the City Manager communicate more with a verbal request.
Dr. Pillsbury suggested that council provide Mr. Hugg with a list of their
expertise. Dr. Pillsbury stated that it is not appropriate for meetings to be
scheduled and council to be excluded. Dr. Pillsbury stated that the council
members all have different expertise and could be of value to Mr. Hugg and the
Mayor in doing their job effectively.
Mr. Sudler emphasized that the council is seeking increased transparency and
engagement with the City Manager. He stated that the council is engaged,
educated, and wants to be involved in the decision-making process. While
acknowledging that the City Manager is the boss of the department heads, Mr.
Sudler stressed that the council wants to be actively involved and engaged in city
affairs.
Mr. Neil moved to recommend tabling the policy to rework the language. The
motion was seconded by Dr. Pillsbury and carried with Mr. Rocha voting no.
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
Responding to Mr. Sudler, Mr. Anderson stated that the author and the City
Manager could work out the wording because the only issue was with the last
sentence.
Mr. Rocha stated he would work with Mr. Hugg to make the changes and bring it
back on the future agenda.
Consideration of Re-titling and Re-grading Positions (David S. Hugg, III,
City Manager)
David S. Hugg, III, City Manager reviewed the background and analysis of the re-
titling and re-grading of the Accounts Payable Clerk and the Administrative
Assistant to the Mayor.
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CITY COUNCIL MEETING OF MARCH 11, 2024 PAGE 29
Staff recommended approval of the re-titling and re-grading of the positions.
Responding to Mr. Sudler, Mr. Hugg stated that support for the mayor and Kay
Sass is being covered by Yvonne or himself. Mr. Hugg stated that handicaps the
City Manager's office and they have asked Kay to do more of the clerical
functions that the mayor’s office would handle.
Mr. Sudler stated that when the wage study was done, it was stated that they were
doing duties outside of the scope of their job description, so they were
compensated for those duties. Mr. Sudler explained that his concern is that once
those duties are relieved from them, will they still be making that amount of
money, the same amount that they were making while doing those duties?
Responding to Mr. Sudler, Mr. Hugg stated that the Administrative Assistant to
the mayor’s job description was a team effort between Kay, Yvonne, and Naomi
because they did not have a good job description.
Responding to Mr. Sudler, Ms. Patricia Marney, Interim Controller/Treasurer
stated that the Accounts Payable position was reviewed by looking at the current
account clerk job description, job descriptions for other municipalities, and
looking at the job duties from the knowledge of those who have performed the
job. Ms. Marney stated that the rest of the document was created by the Human
Resources Department to the best of her knowledge.
Responding to Mr. Sudler, Ms. Marney stated that the account clerk II position
will be replaced with the accounts payable clerk, which has a higher education
requirement. Ms. Marney explained that they reviewed the education
requirements of Middletown, Milford, and Smyrna and that their educational
component is the same as what was presented. Ms. Marney stated that the salary
scale has already been worked into the current fiscal year budget. Ms. Marney
explained that the individual who currently holds the Accounts Payable position is
planning to retire in December and it is imperative that she be able to replace her.
Responding to Mr. Rocha, Mr. Hugg explained that the hiring process for the
mayor’s position is similar to that of any other position in the city. Mr. Hugg
stated that the position will be posted, there will be a selection committee that
involves the Human Resources Department and someone in a similar position
elsewhere in the city, and then there is usually a second and third person. After
the job is posted, the Human Resources Department will determine qualified
candidates, an interview panel will be convened, and the mayor will have the final
hiring authority among the qualified candidates.
Responding to Mr. Rocha, Mr. Hugg stated that both the Human Resources
Department and the department heads are involved in creating the job
descriptions. Mr. Hugg stated that the Human Resources Department drafts an
outline and will loop in the department head or hiring manager to identify and
confirm what the responsibilities are, and then in most cases, they are passed on to
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CITY COUNCIL MEETING OF MARCH 11, 2024 PAGE 30
him or the assistant city manager. Mr. Hugg explained that some of the education
issues have come up over the years as the human resources world has evolved.
Mr. Hugg stated that in the State, they are getting away from degree requirements
and allowing agencies to look at experience and other skills.
Responding to Mr. Rocha, Mr. Hugg stated that the mayor’s position is a
budgeted position but not at the presented level. The mayor’s position is currently
budgeted as an administrative assistant.
Ms. Bennett reviewed the background and analysis of the Administrative
Assistant to the City Clerk/City Council.
Responding to Mr. Rocha, Mr. Hugg stated that the wage study that they are
referring to is the one that Sharon took the lead on and got everyone moved into a
more reasonable structure. Mr. Hugg explained that at the end of the wage study,
they looked at various jobs that do not exist in other jurisdictions like the
Executive Assistant to the City Manager, and people were doing those duties but
not under that kind of title. Mr. Hugg stated that they did not make any
adjustments to the City Clerk’s Office because they had not had any discussions
about the evolution of the office. Mr. Hugg noted that the functional category of
executive assistant exists across various departments under different titles.
However, only the Executive Assistant in the City Manager's Office has been
implemented so far, and this was done in the budget when the wage study was
adopted.
Responding to Mr. Rocha, Mr. Hugg stated that there were significant problems
with the Segal study from both the credibility and the accuracy. Mr. Hugg
explained that the study did not give a full-scale look at the city employees, so it
did not have much influence on the assessments that they did. Mr. Hugg stated
that if the assessments they did said someone should be a pay grade of 120 that is
the scale they assigned. Mr. Hugg explained that was based on several factors,
including the required skill set, job specifications, and how the position compared
to similar roles in other jurisdictions that were considered during the review
process.
Responding to Mr. Rocha, Mr. Hugg stated that they started by comparing salary
by salary and that is when the city came out 30% under the market. Mr. Hugg
explained that then they made the adjustment based on the job specifications
because of the difference in name compared to other municipalities.
Mr. Hare moved to accept staff recommendations and approve the retitling
and regrading of the positions. The motion was seconded by Mr. Anderson.
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
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CITY COUNCIL MEETING OF MARCH 11, 2024 PAGE 31
Responding to Mr. Neil, Ms. Bennett stated that the Mayor’s position would be
changed from Administrative Assistant to Executive Assistant, then in the City
Clerk’s office, the Administrative Assistant would be retitled and regraded to an
Executive Assistant. Then with that process, the other three positions in the office
must be regarded because of the hierarchy.
Responding to Mr. Lewis, Mr. Hugg stated that there is minimal impact on the
budget for the accounts payable clerk because there is not much difference in the
pay scales. Mr. Hugg explained that there is sufficient money to pay for the
positions as they are. Mr. Hugg stated that in approving the reclassifications there
needs to be a second motion as to when they become effective so that it is clear if
there will be a financial impact now or in next year's budget.
Ms. Bennett stated that the City Clerk’s Office has salary savings from when the
office had a vacant position.
Responding to Mr. Sudler, Mr. Hugg stated that the Accounts Payable Clerk is
critical to the reorganization of the Finance Department.
Mr. Sudler moved to divide the question.
Council moved to approve the Accounts Payable Clerk position. The motion
was unanimously carried.
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
Mr. Neil moved to approve retitling the Administrative Assistant to the
Mayor to Executive Assistant. The motion was seconded by Mr. Hare and
carried with Mr. Lewis voting no.
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
Council moved to approve the retitling and regrading of the Administrative
Assistant to the City Clerk to Executive Assistant along with the other items
in the memorandum. The motion was unanimously carried.
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
Mr. Sudler moved to recommend accepting the City Manager's
recommendation to have the Accounts Payable Clerk position effective
immediately. The motion was seconded by Mr. Boggerty and unanimously
carried.
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CITY COUNCIL MEETING OF MARCH 11, 2024 PAGE 32
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
Mr. Boggerty moved to recommend the change of the Administrative
Assistant to the mayor effective as of one (1) July. The motion was seconded
by Ms. Arndt and carried with Mr. Lewis voting no.
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
Responding to Mr. Rocha, Mr. Anderson stated that if they decided to hire
someone for the mayor’s position, that person would know that the position is
going to be bumped up one (1) July.
Mr. Boggerty moved to recommend that the Administrative Assistant to the
City Clerk/Council and all of the positions included in the submission as
recorded be effective one (1) July. The motion was seconded by Mr. Sudler
and unanimously carried.
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
Mr. Anderson moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, hearing no objection the meeting
adjourned at 9:41 p.m.
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
Mr. Hare moved for adjournment of the Council Committee of the Whole
meeting, hearing no objection the meeting adjourned at 9:41 p.m.
By consent agenda, Mr. Sudler moved for acceptance of the Council Committee of the
Whole Report, seconded by Mr. Neil and carried by a unanimous roll call vote.
ITEMS NOT ON THE CONSENT AGENDA
SETTING OF PROPERTY ASSESSMENT APPEALS
Mr. Hare stated that Staff recommends the 2024 property assessment appeal be scheduled for
June 5th, 2024, through June 7th, 2024, from 9:00 AM to 4:00 PM, and one evening if needed.
The hearing times are subject to change.
Mr. Neil moved for approval of Staff recommendations for the Setting of the 2024 Property
Assessment Appeals, seconded by Mr. Lewis and carried by a unanimous roll call vote and
unanimously carried.
ORDINANCES
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CITY COUNCIL MEETING OF MARCH 11, 2024 PAGE 33
ORDINANCE/FINAL READING PROPOSED ORDINANCE #2024-06 – AMENDING
CHAPTER 102 – TAXATION, ARTICLE VIII – LODGING TAX (DAVID S. HUGG, III,
CITY MANAGER, COUNCILMAN ANDERSON, AND COUNCILMAN NEIL)
The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of
February 12, 2024. Council President Hare reminded members of the public that copies of the
proposed ordinance is available on the City’s website at www.cityofdover.com under
“Government.”
Mr. Neil moved that the Final Reading of the proposed ordinance be acknowledged by title
only, seconded by Mr. Anderson, and unanimously carried.
Responding to Mr. Hugg, Mr. Lewis stated that he read in the newspaper last Friday that Levy
Court is looking to impose a 3% lodging tax. Mr. Lewis stated that his concern is that the City of
Dover is in Kent County and if the County imposes a 3% lodging tax, this is going to be 6%.
Responding to Mr. Lewis, Mr. Mr. Hugg clarified that his understanding is that the county could
impose a hotel/motel tax on properties within the county but not within the City of Dover.
Conversely, the City of Dover would not be able to impose a motel tax on properties outside its
city limits. Mr. Hugg explained that they can confirm this is the case, and the county can impose
a property tax that is countywide. He further explained that to his understanding, they cannot and
would not be able to do this. Mr. Hugg stated that if the ordinance is approved tonight, the
effective date would be July 1st, as requested by the Chamber of Commerce and the tourism
representatives.
By motion of Mr Neil, seconded by Ms. Arndt, Council, by a roll call vote of eight (8) yes
(Anderson, Neil, Pillsbury, Arndt, Rocha, Sudler, Lewis, and Hare) and one (1) absent
(Boggerty) adopted Ordinance #2024-04 as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
ARTICLE VII – Lodging Tax
Sec. 102-190. – Local lodging tax.
(a) A local lodging tax is hereby levied of up to three percent of the cost of the rent, in addition
to the amount imposed by the state and the county, for any room or rooms in a hotel, motel or
tourist home, as defined in 30 Del. C. §6101, within the boundaries of the city. The tax will be
implemented beginning July 1, 2020, at the rate of one-half of one percent for 2020; one percent
for 2021; and one and one-half percent for subsequent years ending upon the effective date of
this ordinance. The tax shall be set at three percent effective 30 days after the adoption of this
ordinance.
(b) The local lodging tax, pursuant to this article, is the responsibility of the occupant of the
room and shall be collected at the time the rental is paid. Operators of the hotel, motel or tourist
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CITY COUNCIL MEETING OF MARCH 11, 2024 PAGE 34
home are responsible for the collection of the local lodging tax and the remittance of the taxes to
the city within 20 days after the end of each calendar month, in accordance with procedures
established by the city manager and using forms designated by the city finance department. The
tax imposed shall be shown on the billing to the occupant as a separate and distinct item.
(c) Failure to remit the lodging tax due, shall result in an overdue balance statement from the city
finance department based upon records of lodging tax paid to the State of Delaware for such
period, and subject to penalty, license, or tax lien in accordance with city policies.
(d) Alternatively, the city manager is authorized to engage the Delaware Division of Revenue to
collect the city’s portion of the lodging tax simultaneously with the receipt of the state tax, to
seek collection from operators, enforce rules relating to failure to file and failure to pay, and
remit funds to the city.
(e) The first one and one-half percent of lodging tax receipts will be accounted for in a
committed fund balance account to be used only for infrastructure.
(f) No local lodging tax pursuant to this article shall be collected for reservations or contracts for
lodging executed or completed before July 1, 2020.
ADOPTED: March 11, 2024
CITY MANAGER'S ANNOUNCEMENTS
Mr. Hugg had no announcements.
MAYOR’S ANNOUNCEMENTS
Mayor Christiansen congratulated the Dover High School Varsity basketball team for winning
the state championship. He announced that the Annual St. Patrick's Day Parade would take place
on Saturday, March 16th, at 1:00 PM. Additionally, the Dover Bar Crawl was scheduled for
March 16th, between 2:00 and 6:00 PM. Mayor Christiansen also mentioned that on March 19th,
at 7:00 PM at Fairview Elementary School, the City of Dover Electric Department would be
sponsoring an informational meeting for the neighborhoods of Woodcrest, Fairview, and
Northwest Dover Heights regarding the demolition of the power plant and McKee Run.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Lewis wished everyone a Happy St. Patrick’s Day and to come out to the parade on
Saturday, March 16th. He announced that an Easter Egg Event sponsored by Tracy Palmer
Ministries, scheduled for Saturday, March 23rd, at the Murphy School. The event will run from
12:00 PM to 4:00 PM and is open to all members of the public.
Mr. Sudler stated that the Mount Zion Ame Church is feeding the unsheltered every Wednesday
of March at 101 North Queen Street, starting at 11:45 AM. Additionally, he congratulated Dover
High School, noting that he graduated from Dover High and played varsity basketball for the
school. He expressed his understanding of the significance of this achievement to the school's
alumni and the City of Dover as a whole.
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CITY COUNCIL MEETING OF MARCH 11, 2024 PAGE 35
Mr. Anderson wished the citizens of the city and his colleagues a happy Women’s History
Month.
The meeting adjourned at 8:17 p.m.
ANDRIA BENNETT
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by the City Council during their
Regular Meeting of March 11, 2024, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/AB
Exhibits
Exhibit #1 - Linda Parkowski - Letter in support of proposed Ordinance #2024-01
Exhibit #2 - Sarah E. Keifer - Letter in support of proposed Ordinance #2024-01
Exhibit #3 - Wesley Stefanick - Letter in support of proposed Ordinance #2024-01
Página 36
EXHIBIT #1
Regular City Council Meeting of 03/11/2024
City of Dover
Attn: Dover City Council
15 E. Loockerman Plaza
Dover, DE 19901
March 4, 2024
Dear Dover City Council:
Kent Economic Partnership (KEP), the economic development agency for Kent County, strongly
supports the initiatives proposed by the Downtown Dover Partnership regarding Proposed
Ordinance #2023-01, which seeks to amend Appendix B- Zoning, Article 30 District regulations,
Section 13- Central Commercial Zone (C-2), and other relevant sections of the zoning ordinance.
The proposed text amendments to the C-2 zoning, particularly those concerning the implementation
of 6-foot step backs on floors above the 4th story and the requirement for developers or landlords to
present a tailored parking strategy to meet the needs of tenants, will play a pivotal role in
transforming Downtown Dover. These changes are anticipated to attract developers, businesses,
and residents to the area, thereby contributing to its revitalization.
The City Council’s approval is vital in ensuring that Downtown Dover receives the necessary
backing to undergo its transformation.
Thank you for the opportunity to provide support for the initiatives put forth by the Downtown
Dover Partnership concerning the amendment of the Central Commercial Zone (C-2) text.
Sincerely,
Linda Parkowski
Executive Director
Página 37
EXHIBIT #2
Regular City Council Meeting of 03/11/2024
Sarah E. Keifer
613 Fairview Avenue
Dover, DE 19904
March 7, 2024
Dover City Council
City Hall
15 Loockerman Plaza
Dover, DE 19901
Dear Council Members:
Please accept this letter of support for Ordinance #2024-01 regarding the regulations in the Central
Commercial Zone (C-2) scheduled for final reading on Monday, March 11, 2024. As a homeowner in
Dover, a land use planner, and a member of the Downtown Dover Partnership, I appreciate the effort
of the Council and staff to develop the new development standards. The revisions are a necessary
step in realizing the goals of the Downtown Dover Master Plan. The flexibility built into the ordinance
affords property owners and developers the opportunity to fully meet market demands and bring new
life into the city.
I encourage the City Council to support Ordinance #2024-01and continue embracing such flexibility
in future ordinance amendments. Again, thank you and the staff for your efforts.
Sincerely,
Sarah E. Keifer, AICP
Página 38
EXHIBIT #3
Regular City Council Meeting of 03/11/2024
March 11, 2024
City Council
City of Dover
Sent via Email to: cityclerk@dover.de.us
Dear Councilors:
On behalf of the Delaware Association of REALTORS® and the Kent County Association
of REALTORS®, I am writing to express our collective support for the recommended C2
zoning changes in downtown Dover—Proposed Ordinance #2024-01. With our
headquarters being located downtown, we care about the future of our city, and we
believe that these changes are necessary to improve the area and make it a destination
once again.
It is no secret that downtown Dover needs improvement, and we are convinced that the
best way to start is through housing. However, to achieve the desired housing density, we
need improved zoning regulations and creative solutions to these tough problems. That
is why we are in favor of the proposed changes which include some of those solutions.
Specifically, we believe that the removal of the parking requirement is hugely beneficial.
Developers will set themselves up for success, and they know best how to deal with
parking. Additionally, the increase in height from 6 to 10 stories allows for additional
density, which is necessary to attract more people to live in the district.
With more people living in the area, we can expect an increase in demand for services
such as grocery, dining, entertainment, and more. This, in turn, will attract more
businesses to the area, and the quantity and quality of those businesses will improve.
Ultimately, we believe that these changes will make downtown Dover a destination once
again. Thank you for your time, and I hope you will consider our views.
Sincerely,
Wes
Wesley T. Stefanick
Chief Executive Officer