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REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on August 8, 2022, at 6:30 p.m. with Council
President Sudler presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil,
Dr. Pillsbury (via WebEx), Ms. Arndt, Mr. Rocha, Mr. Taylor, and Mr. Hare.
Staff members present were Major Spicer, Ms. Peddicord, Mr. Hugg, Ms. Gray, Mr. Junge, and
Ms. Bennett. Mayor Christiansen was present.
OPEN FORUM
The Open Forum was held at 6:15 p.m., prior to the commencement of the Official Council
Meeting. Council President Sudler declared the Open Forum in session and reminded those present
that Council was not in official session and could not take formal action.
INVOCATION
The invocation was given by Elder Ellis B. Louden.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Andre Boggerty.
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 so requests, in which event the matter shall be removed from the Consent
Agenda and considered a separate item.
Mr. Hare moved for adoption of the consent agenda, seconded by Mr. Rocha, and carried
by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 26, 2022
The Minutes of the Regular Council Meeting of July 26, 2022, were unanimously approved
by motion of Mr. Hare, seconded by Mr. Rocha, and bore the written approval of
Mayor Christiansen.
COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole met on July 26, 2022, at 6:00 p.m. with
Council President Sudler presiding. Members of Council present were Mr.
Anderson (arrived via WebEx at 7:45 P.M.), Mr. Boggerty, Mr. Neil, Dr. Pillsbury,
Mr. Rocha, Mr. Taylor, and Mr. Hare. Ms. Arndt was absent. Mayor Christiansen
was also present. Civilian members present for their committee meetings were
Mr. Contant (via WebEx) and Mr. Shevock (via WebEx) (Legislative, Finance, and
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CITY COUNCIL MEETING OF AUGUST 8, 2022 PAGE 2
Administration), and Dr. Jackson and Mr. Hosfelt (Safety Advisory and
Transportation Committee). Mr. McCutcheon and Mr. Shelton (Utility) were
absent.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty, and
unanimously carried.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Council
President Sudler presiding.
Adoption of Agenda
Mr. Hare moved for adoption of the agenda, seconded by Mr. Rocha, and
unanimously carried.
Discussion – Fiscal Year 2022 Audit Program (Lori Peddicord,
Controller/Treasurer)
Lori Peddicord, Controller/Treasurer, reviewed the background and analysis
regarding the Fiscal Year 2022 Audit Program.
Staff recommended acceptance of the audit program.
Mr. Hare moved to recommend acceptance of the audit program, as
recommended by staff. The motion was seconded by Mr. Neil and
unanimously carried.
By consent agenda, Mr. Hare moved for acceptance of the Council recommendation,
seconded by Mr. Rocha, and carried by a unanimous roll call vote.
Mr. Hare moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, seconded by Mr. Rocha and unanimously
carried.
Meeting adjourned at 6:04 p.m.
UTILITY COMMITTEE
The Utility Committee met with Chairman Rocha presiding.
Adoption of Agenda
Mr. Hare moved for adoption of the agenda, seconded by Mr. Neil, and
unanimously carried.
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CITY COUNCIL MEETING OF AUGUST 8, 2022 PAGE 3
Evaluation of Proposals – Silver Lake Production Well (Jason Lyon, Director of
Water Wastewater)
Mr. Jason Lyon, Director of Water & Wastewater, and Kate Mills, Water
Production Manager, reviewed the background and analysis regarding the
Evaluation of Proposals for Silver Lake Production Well.
Staff recommended to award the contract to Davis Bowen & Friedel, Inc. for the
design /build services of the Silver Lake Production Well, RFP #22-0033WW, for
$2,942,000.
Mr. Hare moved to recommend awarding the contract to Davis Bowen & Friedel,
Inc. for the design/build services of the Silver Lake Production Well, RFP #22-
0033WW, for $2,942,000, as recommended by staff. The motion was seconded by
Mr. Neil.
Responding to Mr. Neil, Ms. Mills stated that the department had completed the
test well process that was approved by the state. Ms. Mills explained that they
needed to obtain a permit to drill a test well at that location. Ms. Mills stated that
the state is aware of the project and that they have taken all the proper steps thus
far.
Responding to Mr. Taylor, Ms. Mills stated that the city has not run out of water in
another well. Ms. Mills explained this well will be for redundancy, and that they
are constructing and replacing the pipe on North State Street that is near the well.
Ms. Mills further explained that they are upgrading the size of the water main to
handle the well’s production, and creating redundancy for the water system, so if
another well does go down, the new well will help support it.
Responding to Mr. Taylor, Ms. Mills stated that this project started four to five
years prior and that the well was simulated in a water model that an engineering
group looked at. Ms. Mills explained that this is what led to the decision to upgrade
North State Street. Ms. Mills noted that they are using all the material needed to
make it a viable location.
Responding to Mr. Taylor, Mr. Lyon stated that the vendor would have every
opportunity to use minority subcontractors, but that they are not mandated to do so.
Responding to Mr. Taylor, Mr. Lyon explained that when the project went out for
bid, they worked with the procurement team. Mr. Lyon noted that his department
gave them a bidder list about a month before the mandatory pre-bid meeting, so
minority contractors were solicited. Mr. Lyon explained that when they pull the list,
they go to the state website and choose companies that can do the work. Mr. Lyon
further explained that they solicited them, that there is a bid out for this project, and
a date of the pre-bid meeting. Mr. Lyon noted that unfortunately, they did not get
any takers.
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CITY COUNCIL MEETING OF AUGUST 8, 2022 PAGE 4
Mr. Taylor stated that he has had his fill of one company being selected. Mr. Taylor
explained that there are minority businesses everywhere and that they do not feel
as though they are getting their proper opportunity. Mr. Taylor believes that they
are not because they do not know when these bids are coming out and what is
happening. Mr. Taylor clarified that he did not believe Mr. Lyon, or his department
was doing anything wrong but that the city needs to step up its measures to make
sure that they get the information out to more people. Mr. Taylor believes that they
must do a better job of recruiting minority businesses for these accounts. He
explained that one of the reasons why he has insisted on a mandatory pre-bid
meeting is to get everyone in the room, so those smaller companies that will not get
the contract can subcontract with the larger company.
Mr. Taylor stated that they cannot keep coming with just one bid or he will start
saying no and solicit his colleagues to say no. Mr. Taylor explained that this is
something that must be at the forefront of our minds when they start putting these
contracts out, and not something that comes up right at the end, of a council
meeting.
Mr. Taylor noted that Ms. Mills and Mr. Lyon are doing a great job, but this process
must be altered.
Responding to Mr. Lyon, Mr. Taylor clarified that by mandatory, he means
everyone who will bid, everyone who will subcontract and wants to be a part of the
project must attend the mandatory pre-bid meeting.
Responding to Mr. Taylor, Mr. Lyon stated that historically when the city had
mandatory pre-bid meetings the issue was that they were receiving a small pool of
candidates because companies from outside the area were not coming down. After
all, they did not want to make the trip. Mr. Lyon explained that if they did not attend
the meeting, the contractors were not able to bid on the project. Mr. Lyon further
explained that the city had made pre-bid meetings not mandatory to increase the
number of bids they receive.
Responding to Mr. Taylor, Mr. Lyon stated that regarding the Evaluation of
Proposals – Silver Lake Production Well, they did solicit from disadvantaged
minority, women-owned businesses from the State of Delaware website. Mr. Lyon
assured the council that if there was another avenue to solicit from, he would be
happy to work together.
Responding to Mr. Boggerty, Ms. Mills stated that once the well is built, residents
may notice slightly better pressure. Ms. Mills explained that they will be replacing
the cast iron main during the upgrade. Ms. Mills further explained that the portion
of Dover and the other parts connected to it should see less brown water.
Responding to Mr. Sudler, Mr. Lyon stated that the City of Dover Purchasing
Policy currently does not include a provision that a percentage of work is to be
performed by a minority contractor.
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CITY COUNCIL MEETING OF AUGUST 8, 2022 PAGE 5
Mr. Sudler requested the Water & Wastewater and Procurement Departments work
together to create a workshop to include what is the criteria for a sole vendor and
what parameters are set in place in regards to trying to achieve a mandate that a
percentage of work must be completed by a minority contractor.
Mr. Sudler stated that Mr. Lyon and his team are doing a good job, thanked him for
the transparency in the procurement process, and for explaining exactly how they
solicited bids.
Mr. Sudler agreed with Mr. Taylor and explained that if the city mandated pre-bid
meetings, the city will not be perceived as always using the same vendor and if the
other contractors do not show up then it will be on them.
Mr. Boggerty stated that he would be willing to provide staff with someone who
will help them navigate and mirror what the federal government is doing and how
they drill down on contractors.
Mr. Hare moved to recommend awarding the contract to Davis Bowen &
Friedel, Inc. for the design /build services of the Silver Lake Production Well,
RFP #22-0033WW, for $2,942,000, as recommended by staff. The motion was
seconded by Mr. Neil and unanimously carried.
By consent agenda, Mr. Hare moved for acceptance of the Council recommendation,
seconded by Mr. Rocha, and carried by a unanimous roll call vote.
Mr. Neil moved for adjournment of the Utility Committee meeting, seconded
by Mr. Boggerty, and unanimously carried.
Meeting adjourned at 6:24 p.m.
SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE
The Safety, Advisory, and Transportation Committee met with Chairman Taylor
presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury, and
unanimously carried.
Status Update - Loockerman Street Fire of March 16, 2022 - Dangerous Building
(Jason Osika, Fire Marshal, and Eddie Kopp, Code Enforcement Supervisor)
Mr. Jason Osika, Fire Marshal, stated that the fire occurred on March 16, 2022, and
that there is still an open investigation, so his comments will be limited. Mr. Osika
stated that they immediately did a structural engineer’s report on the day of the fire.
Mr. Osika said that this report was done to make sure the building did not need to
be demoed on the spot. Mr. Osika explained that the report showed that there is no
danger of the building falling into the street or causing any further damage.
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CITY COUNCIL MEETING OF AUGUST 8, 2022 PAGE 6
Mr. Osika explained that the process of handling a fire such as the Loockerman St.
Fire is to condemn the building as unfit for habitation, enter a case, and turn it over
to Code Enforcement. Mr. Osika further explained that Code Enforcement then
follows up with repairs, tear down and any permits needed. Mr. Osika stated that
Code Enforcement will send letters and work with the homeowner and insurance
companies with obtaining permits to make sure the proper work is done.
Eddie Kopp, Chief Code Enforcement Officer, stated that the Code Enforcement
Office sent the first notice on March 17th, 2022, with the violations that needed to
be corrected and the obvious condemnation. Mr. Kopp explained that the owner
was allotted 60 days and that there was no response from the property owner. Mr.
Kopp stated that a second notice was sent on June 15th, 2022, which is the normal
process. Mr. Kopp stated that after receiving no feedback from the property owner,
they sent a letter of intent, on July 1st, 2022, to the property owner and the attorney
representing the property owner. Mr. Kopp explained that the letter of intent is a
notice stating that they have 30 days to correct the property, or else Code
Enforcement will present it before council to be declared dangerous and set a
demolition date. Mr. Kopp further explained that he contacted the attorney
representing the property owner on July 26, 2022, and he said that there is no
update. Mr. Kopp stated that the lawyer cannot provide any information other than
what they are aware of, so they receive our letters.
Mr. Kopp stated that as far as he knew, in speaking with the attorney, the owner of
the property is out of the country, with no return date set, so the attorney is
representing the property and has been included on all notifications. Mr. Kopp
stated that he has sent proper notices to all the addresses on file, of which there are
three. Mr. Kopp stated that the follow-up date for the letter of intent is August 4th,
2022, which, after that, if no response is received, Code Enforcement will arrange
a meeting with the City Clerk’s office for a council meeting.
Responding to Mr. Taylor, Mr. Kopp confirmed that the owner of the property on
file is SAG Holdings, LLC and that the next follow-up date is August 4, 2022,
which will result in a notice of a Council Hearing.
Responding to Mr. Sudler, Mr. Kopp confirmed from his conversation with the
attorney, that the property is uninsured. Mr. Kopp also noted the building is a
standalone building with a very small gap between the damaged building and the
adjacent building.
Mr. Boggerty asked if the city could require tenants or building owners, to show
proof of insurance.
Responding to Mr. Boggerty, Mr. Hare stated that the businesses are more than
likely insured. However, it would be different to mandate a property owner who
has paid off a building, be required to have insurance.
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CITY COUNCIL MEETING OF AUGUST 8, 2022 PAGE 7
Responding to Mr. Taylor, Mr. Hugg stated that if the city were to declare a building
dangerous, they would take on the responsibility for tearing it down. Mr. Hugg
explained the city would take ownership of the building and that the only way to
recoup the demolition money it to sell it or develop the lot.
Responding to Mr. Taylor, Mr. Kopp stated that Code Enforcement has
recommended making changes to the Dangerous Building Ordinance. Mr. Kopp
explained that the way the Ordinance currently is written is a drawn-out process
that will take six months to a year to demolish a building. Mr. Kopp insured Council
that the Dangerous Building Ordinance would be on an upcoming agenda for
Council because Code Enforcement is aware that it is an issue and is taking steps
to address it.
Mr. Rocha noted that he was concerned from a safety perspective that if someone
entered the building unlawfully and was injured. Mr. Rocha asked if it would be a
liability to the city.
Responding to Mr. Boggerty, Mr. Kopp explained that there is a provision in the
code that would shorten the time and that is only if the building is in imminent
danger to the public. Mr. Kopp further explained the Structural Engineer’s Report
stated that the building was structurally sound and had been boarded up to prevent
unlawful entry. Mr. Kopp stated that if they called the building an imminent danger
would only remove the letter of intent and lessen the time frame by 30 days.
Responding to Mr. Boggerty, Mr. Hare stated that if the process goes as it has in
the past 5, 10, and 15 years, Code Enforcement will bring it to council, the owner
is going to show up and council is going to say, "Oh, well, okay, you get another
60 days to get it done," then they are not going to do anything, and then come back
to council. Mr. Hare explained what council needs to do is, state that the owner has
had all the opportunities to tear it down and give the owner 15 days to fix it. Mr.
Hare explained that if the property was not fixed, then it will need to be torn down.
Mr. Sudler moved to recommend the Safety, Advisory, and Transportation
Committee waive the letter of intent and send the building straight to City Council.
The motion was seconded by Mr. Rocha.
Mr. Hare stated that he did not disagree with Mr. Sudler’s thought process however,
council cannot change the rules and must follow the Dover Code of Ordinances.
Mr. Hare suggested getting a legal opinion from Mr. Rodriguez, City Solicitor.
Mr. Neil agreed with Mr. Hare. Mr. Neil stated that council should check for legal
sufficiency to make sure that they have dotted all their I’s and crossed all their T’s
legally. Mr. Neil stated that as soon as a legal opinion has been rendered, then they
need to bring it before council as quickly as possible. Mr. Neil noted that he is
looking forward to changing the ordinance to speed up the process.
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CITY COUNCIL MEETING OF AUGUST 8, 2022 PAGE 8
Mr. Sudler stated that after hearing the consensus of council he would like to
rescind the motion and make another motion. Mr. Rocha agreed to rescind his
second to the motion.
Mr. Sudler moved to recommend based on the City Solicitor’s opinion that if
it is permissible that Council waives the 30-day Notice, Letter of Intent, and
the matter go straight to Council. The motion was seconded by Mr. Rocha and
unanimously carried.
By consent agenda, Mr. Hare moved for acceptance of the Council recommendation,
seconded by Mr. Rocha, and carried by a unanimous roll call vote.
Mr. Sudler recused himself and left Council Chambers at 6:47 p.m.
Mayor Christiansen stated that the discussions on revising the Dangerous Building
Ordinance of procedures and building code appeals had begun. Mayor Christiansen
noted that he met with the Planning Director and hopefully, council will have those
revisions brought to them by the early part of September for council action.
Mayor Christiansen stated that he has spoken with a party that is interested in the
property located on Loockerman Street which may help the city recoup their money
once those expenses are in.
Mayor Christiansen stated that he would be willing to issue an Executive Order to
have the building on Loockerman Street torn down. Mayor Christiansen explained
that the building needed to be taken down, that he was there the night of the fire,
and that every day he drives by it he believes it looks worse and worse.
Request for Waiver - Appendix A - Subdivisions, Article VI - Subdivision - General
Requirements and Design Standards, Section A - Streets (Right-of-Way known as
Raymond Street and Railroad Avenue) - Waiver of Requirements for the Reduction
of the Minimum Street Right-of-Way Width, Increase in Maximum Length of a
Dead-End Street (Cul-de-Sac), and the Elimination of Sidewalk on One Side of a
Public Street associated with a Site Development Plan for the improvements to the
rights-of-way of Raymond Street and Railroad Avenue to allow for further
development of the properties that these streets will give access. (Dawn Melson-
Williams, Principal Planner)
Mr. Taylor introduced Attachment #1- Petition Against the Request for Waiver
submitted by adjacent property owners.
Ms. Dawn Melson-Williams, Principal Planner reviewed the background and
analysis regarding the Request for Waiver for Raymond Street and Railroad
Avenue regarding planning reference: S-22-04.
The Planning Commission recommended approval with Conditions of the Request
to Reduce the Minimum Street Right-of-Way Width, Increase in Maximum Length
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CITY COUNCIL MEETING OF AUGUST 8, 2022 PAGE 9
of a Dead-End Street, and the Elimination of Sidewalk on One side of a Public
Street.
Mr. Neil noted that he had sent his question to the Planning Commission in
preparation for this meeting. Mr. Neil stated there was a key to opening the property
for development and that was through the waivers.
Responding to Mr. Neil, Ms. Melson-Williams stated that the zoning around
Raymond Street and Railroad Avenue is a collection of different residential zoning
districts. The lands that are owned by the Patel properties, Patel College Road
Properties, are zoned RG-5, which is a general residence zone for mid-rise
apartments. Ms. Melson-Williams stated that the apartments are permitted use. Ms.
Melson-Williams stated that the RG5 zone also allows for the uses that are allowed
in the one-family resident zone. Ms. Melson-Williams stated that it means that one-
family detached houses could go there as well. There are also several, non-
residential uses that could happen through a conditional use process, which is a
specialized review process. Ms. Melson-Williams stated that these include
properties where schools, places of worship, and daycare centers for children and
adults are located. Ms. Melson-Williams stated that public utilities and wireless
communication facilities could go into this area. Ms. Melson-Williams explained
that under the current zoning of that land area, you have a series of residential, and
then some non-residential uses. Ms. Melson-Williams noted that under its current
zoning, it would not allow for what you think it would with normal commercial
businesses, such as retail components, manufacturing, or industrial use.
Ms. Melson-Williams explained that there are properties in this area that have some
of the City’s other residential zones, both RM-2 and R-8. Several properties are
zoned IO, which is institutional, and office, which have other uses. Ms. Melson-
Williams stated that it is predominantly a road network, if you will, on the east side
of the railroad tracks that are flanked by properties that are residentially zoned. Ms.
Melson-Williams further explained that several properties are not within the
corporate limits of the City of Dover and fall under Kent County's jurisdiction.
Responding to Mr. Neil, Ms. Melson-Williams stated that the Dover/Kent County
Metropolitan Planning Organization (MPO) currently has a study underway. Ms.
Melson-Williams explained that several years ago, they did a study focused on the
rail network throughout Kent County and that they were looking at properties
adjacent to the railroad that have a zoning classification that would be amenable to
rail-side usage by a developer. Ms. Melson-Williams stated that most recently they
have been revisiting that study and looking more specifically at land that is adjacent
to the railroad, that remains undeveloped and could have potential. Ms. Melson-
Williams noted that the area near Raymond Street and Railroad Avenue is certainly
an area that has land that is not developed. However, the current zoning of this large
tract of land that is adjacent to the railroad is for residential use. Ms. Melson-
Williams further explained that for the property to be used for some type of
manufacturing or industrial zoning, it would require a rezoning application. Ms.
Melson-Williams stated that most likely in the case of some of these properties, an
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CITY COUNCIL MEETING OF AUGUST 8, 2022 PAGE 10
amendment to the City’s Comprehensive Plan would be required. Ms. Melson-
Williams also stated that there is a process, but that this is not what is before council
this evening, and that this request is for subdivision waivers related to the street
network.
Responding to Mr. Neil, Ms. Melson-Williams stated that if the Request for
Waivers were not approved, the applicant then would be able to proceed in building
the apartment complex. Ms. Melson-Williams noted that there may be limitations
in the number of units. She explained that in the case of the sidewalk, they would
have to build the sidewalk on both sides of the street, and they would follow the
Dover Code of Ordinances. Ms. Melson-Williams further stated that in regards to
the question about the right-of-way width, the applicant is technically providing the
right-of-way where they can and where they have ownership of the land that is
directly adjacent to it. She noted that it would not be unusual for a property to
dedicate additional right-of-way, for the area that is in front of their parcel. Ms.
Melson-Williams stated that the city cannot force the applicant to dedicate the right-
of-way in front of somebody else's property.
Ms. Melson-Williams stated that the biggest question would be the length of the
cul-de-sac. Ms. Melson-Williams stated that there are probably ways to work
around that by creating a larger street network in that specific area so that you can
eliminate the length of the dead end that exists, but that this area is also encumbered
by some significant environmental concerns. She then explained that there is a
brownfield area, floodplain, and wetland on the subject site that limit development.
Ms. Melson-Williams noted that the choices for redesigning the site and the road
network are also somewhat limited.
Responding to Mr. Neil, Ms. Melson-Williams stated that an alternative way to
reach this property, which included outreach efforts, did not happen. Ms. Melson-
Williams stated that she would most likely not see an at-grade crossing of the
railroad at a different location in her lifetime. Ms. Melson-Williams stated that
typically, new railroad crossings and at-grade crossings are not being created. Ms.
Melson-Williams stated that if you want to create a new one, you’d have to close
one that already exists and that crossing that railroad from the west to get to this
area is probably not an option.
Ms. Melson-Williams stated that looking at other locations, such as crossing a tract
of land owned by Delaware State University, that has an Athletic Annex Building
just immediately after where the railroad crosses College Road, it would be on the
left if you are heading towards DuPont Highway. Ms. Melson-Williams stated that
any improvements to that existing entrance, or creation of a new road in that area
would be subject to Delaware Department of Transportation (DelDOT) review
because College Road is a state-maintained road, and that she did not believe that
DelDOT would even consider something that close to the railroad crossing. Ms.
Melson-Williams further explained that if it puts cars basically sitting on a railroad
track to make a left, that is not something they are going to approve from a traffic
transportation-design standpoint.
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CITY COUNCIL MEETING OF AUGUST 8, 2022 PAGE 11
Ms. Melson-Williams stated that other options for reaching the site were not
considered because it is adjacent to a public street right-of-way that already exists.
She noted that there were early conversations with the applicant and DelDOT that
were related to, how you would get to the site. Ms. Melson-Williams stated that it
involves making use of the existing road network at Mishoe Street. Ms. Melson-
Williams explained that Mishoe Street has a dedicated left-turn lane and wider-
width street standards. Ms. Melson-Williams further explained that the city and the
county were also involved in some of those early conversations because they had
to go through an annexation process to ensure that the street right-of-way area was
located within the corporate limits of the City of Dover. Ms. Melson-Williams
stated that last year the city went through an annexation process to clarify that these
rights-of-way were intended to be part of the city and would be mapped as such.
Responding to Mr. Neil, Ms. Melson-Williams confirmed that even if the waivers
are denied, that the property will still be developed. She explained that with
apartment buildings, the owner can reach a certain number of units and then will
need to have two access points to a public street network. Ms. Melson-Williams
noted that there could be two access points on Railroad Avenue but with the waiver,
design-wise, it would be much easier to achieve.
Ms. Melson-Williams referred to the map on page 23 in the packet and explained
that this area of land is adjacent to the property and that several properties are
owned by Mishoe Cove Apartments. Ms. Melson-Williams stated that this is the
area where the additional right-of-way is not being proposed because this applicant
does not have control of the adjacent land areas. Ms. Melson-Williams noted that
the existing 35-foot right-of-way is what is in that area and that for about half of
that area we already maintain it as a city street.
Ms. Melson-Williams referred to the map on page 24 of the packet, which shows
where the existing road of Mishoe Street and Raymond Street is marked in green.
She explained that the actual right-of-way property of the road is shown in the red-
hatched area. Ms. Melson-Williams explained that what is out there today does not
match up with where the right-of-way technically is and any improvements to
Raymond Street would be done where the right-of-way exists for that road.
Responding to Mr. Rocha, Ms. Melson-Williams stated that Railroad Avenue is
currently unimproved meaning it exists on paper, but there is no pavement, gravel,
et cetera, out there at this present time.
Responding to Mr. Rocha, Ms. Melson-Williams stated that Raymond Street dead
ends on the map on page 24 of the packet, shown in green, and ends on the property
owned by Mishoe Cove.
Responding to Mr. Rocha, Ms. Melson-Williams referred to the map on page 24 of
the packet and stated where the proposed street would be is not owned by Mishoe
Cove, it is shown in red hatch marks. Ms. Melson-Williams stated that this area is
property of the street, the right-of-way. Ms. Melson-further explained that
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CITY COUNCIL MEETING OF AUGUST 8, 2022 PAGE 12
Raymond Street is part city dedication and part a public right-of-way that is yet to
be improved, so if their activities are happening in the right-of-way that exists, then
no agreement would need to be made with the adjacent property owner.
Responding to Mr. Hosfelt, Ms. Melson-Williams stated that the right-of-way
would be 60 feet. Ms. Melson-Williams explained that the paved section of the road
is required to be a minimum of 24 feet in width from curb to curb. Ms. Melson-
Williams noted that there is no parking. Ms. Melson-Williams explained that if the
applicant would want to have parking on that street, then the width of the paved
part would need to be increased.
Responding to Mr. Hosfelt, Ms. Melson-Williams stated that the Dover Code of
Ordinances outlines provisions for what the width of that street section must be to
have on-street parking. Ms. Melson-Williams noted that if a street has a paved
width of 24 feet, then that means no parking. She explained that if there is to be on-
street parking on one side of the street or both then you would have to get into that
increased paved width, which is in code. Ms. Melson-Williams noted that it is a
code requirement as to what that width would need to be.
Responding to Mr. Hosfelt, Ms. Melson-Williams stated that there would be
potentially two access points to the property, but that is not what Council is here to
discuss, because they do not have a design for what that complex looks like. Ms.
Melson-Williams stated that if the applicant is looking to have more than a certain
number of units then they need two access points, and design would dictate where
those access points can happen. Ms. Melson-Williams noted that the plans would
also be reviewed by the City’s Department of Public Works since it would be a city
street that they are taking access from.
Responding to Mr. Hosfelt, Ms. Melson-Williams stated that the paved width or
the right-of-way width for 60 feet has been in the City of Dover land subdivision
regulations for some time. Ms. Melson-Williams noted that there has not been any
recent change in the last 20 years, that there were some changes related to on-street
parking such as what those qualifications would need to be but that the right-of-
way width has not changed for a street such as this.
Responding to Mr. Boggerty, Ms. Melson-Williams referred to the map on page 23
of the packet and stated that the request for a waiver of eliminating a sidewalk is in
an area that is not improved with sidewalks presently. Ms. Melson-Williams stated
that Railroad Avenue is unimproved, which means that there is nothing out there
on the landscape. Ms. Melson-Williams explained that they are seeking to eliminate
the sidewalk where it would be adjacent to the railroad tracks. Ms. Melson-
Williams further explained that they are going to provide sidewalks on the other
side of the road, which would be adjacent to where the potential development would
happen. Ms. Melson-Williams stated that there are existing sidewalks along
College Road, Mishoe, and that there is a little bit, along parts of Raymond Street
that do exist already. Ms. Melson-Williams noted that with this project, they are
proposing sidewalks along the frontage of Railroad Avenue and building the
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CITY COUNCIL MEETING OF AUGUST 8, 2022 PAGE 13
sidewalk network that does not yet exist along Raymond Street for a portion of
Raymond Street on both sides. Ms. Melson-Williams noted that this would also be
done along the south side of Raymond Street, which is the side that is closer to
College Road. Ms. Melson-Williams noted that should this property develop, there
would be a sidewalk network that a resident of that property could walk on down
Railroad Avenue, Raymond Street, and then down Mishoe Street to get to College
Road, where there is an existing sidewalk system.
Responding to Mr. Boggerty, Ms. Melson-Williams confirmed that the applicant is
seeking to eliminate the requirement to build a sidewalk on one of the sides of
Railroad Avenue.
Responding to Mr. Boggerty, Ms. Melson-Williams stated that if the waiver was
not approved, then it would require having a sidewalk on both sides of Railroad
Avenue, as well as a little corner where a sidewalk would then have to be
constructed also as Raymond Street intersects with Railroad Avenue. Ms. Melson-
Williams noted that if the right-of-way does not accommodate that, then they are
not going to add a sidewalk that impacts an adjacent property. Ms. Melson-
Williams noted that there is going to be a leftover piece of Raymond Street that
does not have a sufficient right-of-way that needs to get the paved width of a street
and a sidewalk on both sides implemented.
Responding to Mr. Boggerty, Ms. Melson-Williams stated that the code states when
you build a public street, you have sidewalks on both sides and that in this situation,
they're asking for relief because the road that they hope to build is right next to the
railroad tracks. Ms. Melson-Williams further explained that this is probably not
where they would want people walking anyway and that they probably would not
walk in that area. Ms. Melson-Williams stated that they certainly do not want them
trying to cross the tracks to get to whatever is on the other side, because there is not
a pedestrian crossing of the tracks in that area either.
Mr. Hare stated that he did not have a problem not having a sidewalk running
alongside the railroad track. Mr. Hare noted that the Police Station and the new Post
Office in downtown Dover do not have sidewalks on the other side of the street, by
the courthouse along the railroad tracks. Mr. Hare stated that he agreed with Mr.
Hosfelt and that the streets should not be like Mayfair where the streets are narrow
and have on-street parking on both sides.
Responding to Mr. Taylor, Mayor Christiansen stated that it would be difficult to
get a fire apparatus down a 35-foot street in an emergency with vehicles parked.
Mayor Christiansen explained that the wider the street, the easier it is for fire
apparatus, police vehicles, EMS, and Paramedics.
Mayor Christiansen stated that the bulk of traffic is on College Road and adding a
street that feeds into it would be a nightmare. Mayor Christiansen asked who would
be putting a light on Mishoe Street.
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CITY COUNCIL MEETING OF AUGUST 8, 2022 PAGE 14
Responding to Mr. Neil, Ms. Melson-Williams stated that Council could certainly
act on each waiver individually, however, the reduction in the minimum street
right-of-way is for the right of way, which is the property of the street. Ms. Melson-
Williams noted that it does not impact the paved width requirement. Ms. Melson-
Williams stated that they would be subject to what the code says for paved width,
depending on if it has no parking or parking on one or both sides. Ms. Melson-
Williams noted that the code dictates what the minimum paved width of the street
needs to be.
Mr. Neil stated that Council has brought up a concern in terms of an emergency
basis, and it would depend upon the developer’s willingness to make sure whatever
has to happen and to make sure that they have an additional width on that property
to ensure that emergency vehicles will be able to get through for the protection of
the residents who will be living in the apartments.
Responding to Mr. Rocha, Ms. Melson-Williams referred to the map on page 22 of
the packet and stated that 400 feet is the measurement of the length of the cul-de-
sac and that the measurement begins at Raymond Street. Ms. Melson-Williams
stated that she does not know the measurement of the distance between the railroad
tracks and the street.
Mr. James Paige, 355 Rita Wilma Road, stated that from what he has heard so far,
it is opening Pandora's box as far as he is concerned. Mr. Paige explained that once
that box is opened and things are in place, Patel's can do what they want to because
it is done. Mr. Paige asked how many people are satisfied with where they live, and
how many have been there for 10 years or more. Mr. Paige also asked if you have
lived there for 10 years and love their neighborhood.
Mr. Paige asked how you would like for him to come into your neighborhood, take
up your sidewalks and do this to your land. Mr. Paige stated that he could say he is
going to do whatever and that it seems as though he cannot be stopped. Mr. Paige
stated that the only people that can stop it are Council.
Mr. Paige said that they are going to put in 150 apartments and if they do not get
all these waivers done, then they will only be able to have 125 apartments. Mr.
Paige suggested that the Patel Group build 125 apartments and then all parties
would be satisfied.
Mr. Paige asked, do you know how much traffic that is going to bring through our
neighborhood, with no stop lights? Mr. Paige stated that the neighborhood does not
want that.
Dr. Wilma Mishoe stated that she had been to Council three times and is tired. Dr.
Mishoe stated that part of Raymond Street that has been discussed is not even in
the City of Dover, it is in Kent County. Dr. Mishoe stated that she has the maps,
pays taxes on the property, and owns the land that is being discussed. Dr. Mishoe
explained that when Raymond Street stops being a paved curve, that is where the
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CITY COUNCIL MEETING OF AUGUST 8, 2022 PAGE 15
City's portion of it ends. Dr. Mishoe stated that if they do not believe her to ask Mr.
Raymond, who is here. The street was named after him, Raymond Fisher.
Greg Rishell, Engineer, Pennoni Associates Inc., representing Patel Properties,
thanked everyone tonight and stated that they hopefully they got their questions
answered as best they could. Mr. Rishell thanked Ms. Melson-Williams, who did a
fantastic job answering pretty much all of the questions.
Mr. Rishell stated that he wanted to clarify one item that came up in the
conversation about emergency vehicle access. Mr. Rishell clarified that the road
that is being proposed is not being narrowed, it will be 24 feet on Raymond Street
and Railroad Avenue. Mr. Rishell stated that the only thing that is technically
getting narrower is where the applicant is proposing and dedicating a full 60-foot
right-of-way where it narrows down to a 35-foot right-of-way or as what Ms.
Melson-Williams referred to as the property of the road. Mr. Rishell stated that this
is the only thing that is narrowing, which is an imaginary line. Mr. Rishell stated in
regards to emergency vehicle access, the 24-foot width is a minimum standard set
by the City of Dover, which is also consistent with the minimum width of a fire
lane that is required by the Office of the State Fire Marshal and that is a fire lane
width in front of a building.
Mr. Rishell explained that for actual access to a property, the Office of State Fire
Marshal says for two-way access it only needs to be 20-feet wide and 16-feet wide
for one way, which is the state regulations. Mr. Rishell noted that even if someone
was illegally parked on the side of the road, a fire truck could still get by.
Mr. Rishell confirmed that no parking is being proposed. Mr. Rishell stated that
this would be part of a site plan application, and that there have been no decisions
made yet on the development of the property as far as that. Mr. Rishell stated that
there was no discussion or desire to have any on-street parking as part of the
applicant’s part. Mr. Rishell noted that the streets could be always signed as No
Parking, so, if someone is parking illegally, they cannot control that.
Responding to Mr. Rocha, Mr. Rishell stated that to his knowledge a title search
and boundary survey have been done and that the work that is being proposed in
the right-of-way is public land.
Responding to Mr. Rocha, Ms. Melson-Williams referred to the map on page 24 in
the packet and stated that the red hatched area shows the public right-of-way, and
the property of the road where development activity would happen. Ms. Melson-
Williams noted that what does exist out there on the land, does show that the paved
areas currently are located on private property. Ms. Melson-Williams stated that
however, with this development project, they would be limited to working within
the right-of-way, which is the red hatched area.
Ms. Melson-Williams stated that there is a portion of Raymond Street that is already
accepted for city maintenance and that ends about halfway, probably right around
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CITY COUNCIL MEETING OF AUGUST 8, 2022 PAGE 16
the second entrance to the Mishoe Towers, and is already in the City's maintenance.
Ms. Melson-Williams explained that with this area being plotted in the 1890s, it is
not surprising that ownership questions arise. Ms. Melson-Williams stated that the
property of the road went through an annexation process to clarify that those land
areas are now within the City of Dover and that typically, when the property is
annexed any adjacent right away is brought in and made part of the City.
Responding to Mr. Rocha, Ms. Melson-Williams stated that once the property is
annexed the right-of-way is owned by the public and the City of Dover acts on
behalf of the public in ownership. Ms. Melson-Williams explained that they do not
call dedication for maintenance until that formal process happens after the street
has been built to the City’s standards.
Responding to Mr. Rocha, Ms. Melson-Williams explained that the red hatched
lines are showing on the deed research and that the survey shows where the property
of the road and the right-of-way exist today.
Responding to Mr. Taylor, Mr. Rishell stated that they have not considered Mr.
Paige’s proposal of 125 apartments because they have not fully explored the full
development options of the property, other than just looking at developing the
property by right. Mr. Rishell explained that as far as density requirements go, they
must explore their development options. Mr. Rishell noted that he did not believe
there was any consideration given to the reduction in density, as it relates to this
application.
Mr. Rishell stated that they are primarily focused on accessing the property using
public lands in trying to meet city standards and requirements as much as possible.
Mr. Rishell also discussed improving a scenario in a situation that is much better
than exists today. Mr. Rishell explained that as you can see the road, as it exists
today, it is half on private property and that asking for a few waivers that are due
to existing conditions that are out of anyone's control, such as the way the properties
were plotted.
Reverend Raymond Fisher, a property owner on Raymond Street stated that years
ago that the City named the street after him because he lived there for so long. Mr.
Fisher stated that he was concerned about traffic and agreed with Dr. Mishoe and
her brother, Mr. Paige.
Mr. Fisher stated that for over 60 years, that is where he raised his children, his
oldest son is 60 years old, and they have not had traffic problems. Mr. Fisher stated
that as Brother Paige said, if you open the door, you'll never get it closed. Mr. Fisher
stated that he knew they would not want it, nor anybody else running through their
street at all times of night with all kinds of noise and everything. Mr. Fisher noted
that he did not think his heart could stand it; he is too old now to try to go through
that kind of process.
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CITY COUNCIL MEETING OF AUGUST 8, 2022 PAGE 17
Mr. Fisher stated that his objection is to get rid of those apartments or limit the
number of units. Mr. Fisher stated that the gentleman would want him to come into
his territory and that he sees it is going to be a problem. Mr. Fisher stated that he
thinks they need quietness as a community, just like everybody else, and that they
are not asking for any favors. Mr. Fisher noted that they are asking for what is right
for them, just as what is right for you, your family and your community.
Ms. Bennett read Mr. Anderson’s comment on WebEx that stated “I am troubled
by the number of exceptions and waivers sought. It shows me that the infrastructure
is inadequate for the density of the project. The safety concerns are inescapable to
me. I want to support growth. I believe in property rights. I also believe in common
sense safety rules. I would like to see a couple of single-family homes. If this is to
be developed, the safety and infrastructure concerns and environmental sensitivity
of the land mitigate against high-density development.”
Mr. Neil moved for the recommendation of the approval of the Planning
Commission’s recommendation to accept the Request for Waivers to include
the elimination of the sidewalk and extension of the cul-de-sac and denying the
Request for Waiver for the Reduction of the Minimum Street Right-of-Way
Width, Increase in Maximum Length of a Dead-End Street (Cul-de-Sac). The
motion was seconded by Mr. Boggerty and the motion failed by a roll call vote
of 1-6. (Mr. Neil voted yes) (Mr. Anderson and Ms. Arndt were absent, and
Mr. Sudler recused himself prior to this Agenda item)
By consent agenda, Mr. Hare moved for approval of the Committee’s recommendation,
seconded by Mr. Rocha, and carried by a unanimous roll call vote.
Mr. Taylor moved for adjournment of the Safety, Advisory, and
Transportation Committee meeting; hearing no objection, the meeting
adjourned at 8:04 p.m.
Mr. Sudler reentered the meeting at 8:04 p.m.
Mr. Sudler moved for adjournment of the Council Committee of the Whole
meeting; hearing no objection, the meeting adjourned at 8:05 p.m.
By consent agenda, Mr. Hare moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Rocha, and unanimously carried.
MONTHLY REPORTS – JUNE 2022
By motion of Mr. Hare, seconded by Mr. Rocha, the following monthly reports were
accepted by consent agenda:
City Assessor’s Report
City Council’s Community Enhancement Fund Report
City Manager’s Report
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CITY COUNCIL MEETING OF AUGUST 8, 2022 PAGE 18
City Planner’s Report
Controller/Treasurer’s Budget Report
Fire Chief’s Report
Police Chief’s Report
REAPPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN - DOVER
FOURTH OF JULY CELEBRATION COMMITTEE - ONE-YEAR TERM TO EXPIRE
MAY 2023
Mayor Christiansen recommended the following reappointments to the Dover Fourth of July
Celebration Committee for one (1) year terms to expire in May 2023.
Bret Scott
Andrea Maucher
Lori Peddicord
Carolyn Courtney
Justin Strickland
By consent agenda, Mr. Hare moved for approval of the reappointments to the Dover
Fourth of July Celebration Committee, as recommended by Mayor Christiansen, seconded
by Mr. Rocha, and carried by a unanimous roll call vote.
REAPPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN - HISTORIC
DISTRICT COMMISSION- THREE-YEAR TERMS TO EXPIRE JULY 2025
Mayor Christiansen recommended the following reappointments to the Historic District
Commission for three (3) year terms to expire in July 2025.
Jonathan Street
Eric Czerwinski
By consent agenda, Mr. Hare moved for approval of the reappointments to the Historic
District Commission, as recommended by Mayor Christiansen, seconded by Mr. Rocha, and
carried by a unanimous roll call vote.
REAPPOINTMENT RECOMMENDED BY MAYOR CHRISTIANSEN - PUBLIC
ADVISORY COMMITTEE OF THE DOVER/KENT COUNTY MPO- TWO-YEAR
TERM TO EXPIRE JULY 2024
Mayor Christiansen recommended the following reappointment to the Public Advisory Committee
of the Dover/Kent MPO for a two (2) year term to expire in July 2024.
Dr. Shanita Powell
By consent agenda, Mr. Hare moved for approval of the reappointments to the Public
Advisory Committee of the Dover/Kent County MPO, as recommended by Mayor
Christiansen, seconded by Mr. Rocha, and carried by a unanimous roll call vote.
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CITY COUNCIL MEETING OF AUGUST 8, 2022 PAGE 19
REAPPOINTMENT RECOMMENDED BY MAYOR CHRISTIANSEN - SILVER LAKE
COMMISSION- TWO-YEAR TERM TO EXPIRE JULY 2025
Mayor Christiansen recommended the following reappointment to the Silver Lake Commission
for a two (2) year term to expire in July 2024.
John DeMarie
By consent agenda, Mr. Hare moved for approval of the reappointments to the Silver Lake
Commission, as recommended by Mayor Christiansen, seconded by Mr. Rocha, and carried
by a unanimous roll call vote.
CITY MANAGER'S ANNOUNCEMENTS
Mr. David Hugg, III, City Manager, reminded everyone of the City of Dover employee cookout
on Thursday, August 18, 2022, and urged members of Council to attend, if possible. Mr. Hugg
explained that what makes this event particularly relevant and important are two things. The first
is the title, Together We Succeed, which is the title that was picked by the DE&I committee, the
sponsors of the event. Mr. Hugg further explained that the idea is to bring as many employees as
possible together to get to know each other and exchange thoughts, ideas, and goals, and interact
with the members of the Council.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Taylor announced that on Wednesday, August 10, 2022, at 6:30 p.m. at Dover Police
Department they will be reviewing the proposed loitering ordinance. He encouraged everyone to
come out and hear the way it is constructed and the way it is presented. He explained that at some
point real soon, hopefully on the September agenda, there will be enough feedback from the
constituents to move forward with this ordinance. Mr. Taylor asked for everyone to come out and
attend on Wednesday at 6:30 p.m. at the Dover Police Station.
Councilman Rocha announced that on Saturday, September 10th, 2022, Dover Christian Church,
which is located at 1738 Forest Avenue, is holding the inaugural Providing Dream Achievement
Community Resource Expo. This will be done in partnership with the United Way of Delaware,
Comcast, Tracy Palmer Ministries, the Interdenominational Ministerial Alliance (IMA), and the
Capital School District. They are going to take over the parking lot, have a bunch of activities for
children and they are going to have resources for adults. They are going to set up tables for job
placement and they are going to be inviting certain companies here that are looking for workers.
They will be doing COVID testing and vaccines at the same time. They are going to have
information for behavioral health and health and human services. There will be a plethora of
resources where residents can come out and gain knowledge including energy tips. They are going
to be using the parking lot at Dover High School to park the cars, and then everyone can come
over. They will have food, activities and at the end of the expo, there will be a concert. Interested
participants in the concert that evening, it's $35 per car and all monies that are generated will go
towards activities like this. The expo will be from 12 p.m. to 4 p.m. on Saturday, September 10th.
The concert will start that evening at 7 p.m.
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CITY COUNCIL MEETING OF AUGUST 8, 2022 PAGE 20
Mr. Neil asked if these events are being linked to the city website and stated that both events are
worthwhile. Mr. Neil noted that we need to make sure that we have maximum publicity for these
events.
Mr. Rocha stated that he failed to mention that Comcast is coming out and providing school
supplies. Mr. Rocha noted that they don't even have to pay for the school supplies. They are
sponsoring it, they are bagging it up, and then they are going to be handing them out at the event.
The intent is, to answer your questions and then get them on the City's website. Also, they have
asked the city to even have a table set up to be present out there. I know that they had requested
but I must check with the Dover Library to see if they can bring the bookmobile there or some
form of literacy that they would like to have out there.
Mr. Rocha explained that they are still working on those things within the next week or so. Mr.
Rocha stated that once Comcast confirms the date and time with us, the flyers will be sent over.
I'll get with Kay and make sure that she has them so they can go in the newsletter on the website.
Mr. Anderson announced that the Concert at the Park Series on Thursday will have a great
musician, Michelle Danette & Friends, and please feel free to drop by. Mr. Anderson stated that it
is going to be a great time and that hopefully, the weather will cooperate this year. Mr. Anderson
stated that it did not cooperate last year with her, so she's due. Mr. Anderson stated that it is coming
up on the 15th at 6 PM. Madame Clerk has that been confirmed?
Council President Sudler thanked everyone for their announcements and wished a happy belated
birthday to Councilman Ralph Taylor and Councilman David Anderson. Mr. Sudler also wished
Mayor Robin R. Christiansen a happy birthday, too.
ADJOURNMENT
Mr. Sudler moved for adjournment of the Regular Council meeting, hearing no objection
the meeting adjourned at 8:04 p.m.
ANDRIA BENNETT
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of August 8, 2022, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/AB