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REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on January 9, 2023, at 6:30 p.m. with Councilman
Anderson presiding. Council members present were Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Ms.
Arndt, Mr. Rocha (via Webex), Mr. Taylor, and Mr. Hare. Mr. Sudler was absent.
Staff members present were Police Chief Johnson, Ms. Peddicord, Mr. Hugg, Mrs. Gray, Mr.
Rodriguez, and Ms. Bennett. Mayor Christiansen was also present.
OPEN FORUM
The Open Forum was held at 6:21 p.m., prior to the commencement of the Official Council
Meeting. Acting Council President Anderson declared the Open Forum in session and reminded
those present that Council was not in official session and could not take formal action.
Faye White, 101 Babb Drive, Unit 2219, Dover, explained that she sent a letter to the City on
August 24, 2021, and spoke at the September 12, 2022, Regular Council meeting regarding
obtaining one of the empty buildings downtown. She stated that she is the CEO of the nonprofit
organization, A Second Chance, and would like a building downtown. She asserted that council
has the authority to dispose of empty buildings/land/lots within the City limits. She asked the
council to consider her request.
INVOCATION
The invocation was given by Elder Ellis Louden.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Anderson
ADOPTION OF AGENDA
Mr. Hare moved for adoption of the agenda, seconded by Mr. Boggerty, and unanimously
carried (Sudler absent).
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon
by a single roll call vote of the Council. There will be no separate discussion of these items
unless a member of Council so requests, in which event the matter shall be removed from the
Consent Agenda and considered a separate item.
Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Boggerty and carried
by a unanimous roll call vote (Sudler absent).
CERTIFICATE OF CONGRATULATIONS – DOVER HIGH SCHOOL FOOTBALL
TEAM
The City Clerk read the following Certificate of Congratulations into the record:
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CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 2
CERTIFICATE OF CONGRATULATIONS
presented to
The Dover High School Football Team
for an outstanding 2022 Football season. We commend the following student-athletes for their
outstanding performance:
Players
Tyrone Abrams Taishaun Allen Dominick Eacho Elijah Bowers
Rasheed Branch-Calhoun Connor Briggs Vincent Buttillo Amir Byrom
Dashaun Cole Jaheim Cole William Cooke Nahseem Cosme
Kaseem Cotton Keegan Countryman Tamir Darden Jefferson NohaRidge Eliazard
Frasly Francois Jordan Ghyll Christopher Grady Jalyn Hamilton
Tyrone Harrell Jamar Harris Bryant Hartwell Jason Hoskins
Zah’mere Jackson Troy Johnson Cameron Jones Jakwon Kilby
Tysean Milligan Shameek Morris Lucas Nichols Jaden Parker
Jamal Parker John Parker Marc Patterson Jonathan Payne
Jaylen Peace Ryan Perkins Nevon Pierce Jaylen Powell
Connor Ridgway Daniel Shockley Jamir Simmons Nasir Snipes-Guzman
Michael Stevenson Ja’Khai Tilghman Jeremiah Walker Nicolas Whiteman
Jamil Williams Nehemiah Williams Brandon Yoder
Managers
Mekhi Boyd Justin Carreras Eric Carter
Mubarak Hall Darius Stevens Zayir Veal
The entire team and Coaches Chip Knapp, Jason Hunt, David Norman, Robert Skripko, C.C.
Trott, Carl Batson, Issiah Chavis, Quan Harris, Alex Kemp, Eugene Scott, Hayden Vidrine, and
Holden Vidrine are applauded for their remarkable achievement. We enjoyed cheering you on
and look forward to next season.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 12,
2022
The Minutes of the Regular Council Meeting of December 12, 2022, were unanimously
approved by motion of Mr. Neil, seconded by Mr. Boggerty, and bore the written approval
of Mayor Christiansen (Sudler absent).
MONTHLY REPORTS - NOVEMBER 2022
By motion of Mr. Neil, seconded by Mr. Boggerty, the following monthly reports were
accepted by consent agenda:
City Assessor’s Report
City Council’s Community Enhancement Fund Report
City Manager’s Report
City Planner’s Report
Controller/Treasurer’s Budget Report
Fire Chief’s Report
Police Chief’s Report
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CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 3
PUBLIC HEARING/FINAL READING - PROPOSED ORDINANCE #2022-21
A public hearing was duly advertised for this time and place to consider approval of proposed
zoning text amendments to Appendix B - Zoning, Article 3 - District Regulations, Section 20A –
Industrial Park Manufacturing Zone – Business and Technology Center (IPM2)
Mr. Neil moved that the Final Reading of Proposed Ordinance #2022-21 be acknowledged
by title only, seconded by Ms. Arndt, and unanimously carried (Sudler absent). (The First
Reading of the ordinance was accomplished during the Council Meeting of November 28, 2022.)
Ms. Mary Ellen Gray, Director of Planning and Community Development, explained that the key
components of the proposed text amendment include adding a purpose and intent section that
articulates the purpose and intent of the business and technology zone. Ms. Gray further
explained that it includes the addition of the truck terminal use, the clarification and the addition
of accessory use, the addition of indoor and recreation amusement establishment uses, and the
addition of the following conditional uses: a builder’s/contractor’s yard, a vocational education
facility, associated retail uses in conjunction with an accessory to a permitted use, and the
addition of a craft distillery and microbrewery, as well as the addition of a definition of a
vocational education facility.
Ms. Gray further explained that because this is a text amendment proposed in the zoning
ordinance, a public hearing and recommendation by the Planning Commission are required. The
review occurred on December 19, 2022, at the Planning Commission meeting after it was heard
by council on November 28, 2022, at the First Reading. The Planning Commission voted 9 to 0
to recommend adopting the text amendment.
Acting Council President Anderson declared the hearing open.
There being no one present wishing to speak during the public hearing, Acting Council President
Anderson declared the hearing closed.
Mr. Hare moved for the adoption of the ordinance, as recommended by the Planning
Commission. The motion was seconded by Mr. Neil, and, by a unanimous roll call vote
(Sudler absent), Council adopted
Ordinance #2022-21, 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 20A Industrial Park Manufacturing Zone –
Business and Technology Center (IPM2) be amended as follows:
APPENDIX B – ZONING
ARTICLE 3 - DISTRICT REGULATIONS
Section 20A. Industrial park manufacturing zone – Business and Technology Center
(IPM2)
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CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 4
Sec. 20A.A Purpose and Intent. The industrial park manufacturing zone – Business and
Technology Center (IPM2) is established for the following:
(a) To provide locations for the development of light to moderate industrial
manufacturing, warehousing, distribution, logistics, research, and technology
establishments as well as offices and professional services which could be compatible
with residential uses.
(b)To provide employment opportunities for nonoffensive industries, businesses, and
technologies in close proximity to centers of population.
(c) To include guidelines and performance standards which will control and confine any
offensive features such as noise, vibration, heat, smoke, glare, dust, objectionable odors,
toxic waste, or unsightly storage.
Sec. 20A.1.
20A.1 Uses permitted. 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, and in accordance with performance
standards procedure as set forth in article 5, section 8, and subject to site development
plan approval as set forth in article 10, section 2:
20A.11 Manufacturing, assembling, converting, altering, finishing, cleaning, cooking,
baking, or any other type of manufacturing, industrial, or technological processing of any
goods, materials, products, instruments, appliances, biotechnology, and devices.
20A.12 Research, design, testing, and development laboratories.
20A.13 Offices and corporate support operations for business and professional services,
data management, financial services, insurance, and health care industries.
20A.14 Agricultural or farm uses as defined and permitted in article 3, section 1.11.
20A.15 Production of electricity provided that the power source used shall be gas, oil
solar, or wind.
20A.16 Warehousing, transshipment and distribution, and logistics support and trucking
terminals.
20A.17 Printing, publishing, binding, and packaging.
20A.18 Accessory uses:
a) On-site offices, clinics, food service facilities, recreation facilities, and
child day care services collocated within the permitted use and limited to
exclusive use by employees, and such other accessory uses and structures
clearly incidental to, and customary to, and associated with the permitted
use.
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CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 5
20A.19 Indoor recreation and amusement establishments.
20A.2 Conditional uses: The following uses may be permitted as conditional uses if
approved by the planning commission in accordance with the provisions and procedures
set forth in article 10, section 1 and any specified requirements set forth below:
20A.21 Building contractor’s yard provided that:
(a) Outside storage is within a completely enclosed and secure area and
appropriately screened from public view and not in any required setback from
property lines.
20A.22 Vocational education facility
20A.23 Associated retail uses in conjunction with and accessory to a permitted use,
provided that the associated retail use does not occupy more than 30 percent of
the gross floor area of the building or group of buildings on a lot. Parking shall
be provided at a rate of one parking space per 300 square feet of retail space for
the exclusive use of retail customers in addition to the bulk parking
requirements of this zoning district for a particular use.
20A.24 Craft distillery and microbrewery provided that:
(a) All permits and approvals required by the Delaware Alcoholic Beverage
Commission are obtained and remain in full force and effect.
(b) All aspects of the distilling or brewing process are completely confined
within a building, including storage of all materials and finished products.
(c) Such establishment may offer to the public, various activities ancillary to
its distilling and/or brewing process, including by way of example: tours of
the premises, educational classes, demonstrations, tasting rooms, and retail
sales areas limited to the sale of beer, mead, cider, or spirits brewed or
distilled on the premises for consumption off-premises and other retail
items.
(d) On-site consumption or tasting associated with a craft distillery or
microbrewery establishment shall be permitted. Any area associated with
on-site consumption or tasting shall not operate as a stand-alone bar or
tavern, shall be located on the premises of the craft distillery or
microbrewery establishment, and shall be ancillary to the primary use.
"Ancillary" for purposes of this section means subordinate, auxiliary,
smaller, and less intensive than the primary use. On-site consumption or
tasting of alcohol shall be limited to those products brewed or distilled on
the premises, except as otherwise permitted by Delaware Law.
(e) All food sales shall be limited to prepackaged snack items or those food
items prepared by a food establishment licensed by the State of Delaware.
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CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 6
(f) Outdoor seating and gathering areas shall be permitted subject to the
following requirements:
i. Permanent and temporary outdoor seating and gathering areas
shall be subject to building permit application and approval
requirements.
ii. Outdoor seating and gathering areas and ancillary improvements
shall include physical barriers from public rights-of-way and
physical and visual barriers from adjoining properties. Physical
barriers along public rights-of-way shall restrict access from the
public rights-of-way to the outdoor seating and gathering areas
and shall not exceed four feet in height. Barriers along adjoining
property lines shall create a physical and visual barrier consisting
of fencing six feet in height or vegetation at least six feet in
height.
iii. Maximum occupancy and points of ingress/egress shall be clearly
marked. Occupancy of outdoor seating and gathering areas shall
not exceed one person per 15 square feet of the outdoor seating
and gathering areas identified in the building plans or any other
occupancy limit established by the City of Dover.
iv. All structures and uses related to outdoor seating and gathering
areas and facilities are subject to the Dover Code of Ordinances,
Chapter 22 and Chapter 46.
v. The occupancy of outdoor seating and gathering areas shall be
included when calculating the building requirements and
minimum parking standards required by the City of Dover and
the State of Delaware.
vi. Tables, chairs, umbrellas, equipment, games, and any other items
provided in connection with outdoor seating and gathering areas
shall be maintained in good repair and shall be secured during
non-business hours in a safe and orderly manner.
vii. Any licensing required by the Delaware Alcoholic Beverage
Control Commissioner for outdoor seating and gathering areas
shall be obtained.
20A.3 Uses prohibited. The following uses are specifically prohibited:
20A.31 Residences, except those existing at the time of adoption of this amendment.
20A.32 Manufacturing uses involving primary production of the following products
from raw materials: Asphalt, cement, charcoal, and fuel briquettes; chemicals:
aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, and carbon black
and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates
(manufactured and natural) of an explosive nature, potash, and synthetic resins,
pyroxylin, rayon yarn, and hydrochloric, nitric, phosphoric, picric, and sulphuric
acids; coal, coke, and tar products, including gas manufacturing; explosives,
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CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 7
fertilizers, glue, and size (animal); linoleum and oil cloth; matches; paint,
varnishes, and turpentine; rubber (natural or synthetic); and soaps, including fat
rendering.
20A.33 Storage, except that which is incidental to the primary use on the lot.
20A.34 The following processes: nitrating of cotton or other materials; magnesium
foundry; reduction, refining, smelting, and alloying of metal or metal ores;
refining secondary aluminum; refining petroleum products, such as gasoline,
kerosene, naphtha, and lubricating oil; distillation of wood or bones; and
reduction and processing of wood pulp and fiber, including papermill operations.
20A.35 Operations involving stock yards, slaughter houses, and slag piles.
20A.36 Storage of explosives, and bulk or wholesale storage of gasoline above the
ground.
20A.37 Dumps.
20A.38 Quarries, stone crushers, screening plants, and storage of quarry screenings,
accessory to such uses.
20A.39 Junkyards, automobile dismantling plants, or storage of used parts of
automobiles or other machines or vehicles or of dismantled or junked
automobiles.
20A.4 Site development plan approval. Site development plan approval, in accordance
with article 10, section 2 hereof, shall be required of land zoned IPM2 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.
20A.5 Performance standards. All uses are subject to performance standards as set
forth in article 5, section 8.
BE IF FURTHER ORDAINED:
That Appendix B – Zoning, Article 12 – Definitions be amended by inserting the text indicated
in bold, blue font in appropriate alphabetical order:
Vocational education facility: Services or instruction which are geared toward training for
a specific occupation or set of skills.
ADOPTED: JANUARY 9, 2023
ANNEXATION/REZONING OF PROPERTY CONSISTING OF THREE PARCELS ON
THE NORTH SIDE OF WEST DENNEYS ROAD AND WEST OF CARLISLE DRIVE;
PARCEL A LOCATED AT 57 ROCKY ROAD, OWNED BY GEORGE L. CRAIG JR.
AND DEBORAH J. CRAIG; PARCEL B, LOCATED AT 4085 WEST DENNEYS ROAD,
OWNED BY ROBERT G. KELLER AND GLORIA K. KELLER; PARCEL C AN
UNADDRESSED PARCEL ON WEST DENNEYS ROAD, OWNED BY BRUCE A.
BURKETT
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CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 8
Ms. Mary Ellen Gray, Director of Planning and Community Development, reviewed the Petition
to Annex and re-zone the property. The Planning Commission recommended the annexation of
the property with the zoning designation of RM-2 (Medium Density Resident Zone) and partially
subject to the source water protection overlay zone, as submitted.
Public Hearing - Zoning Classification
Members considered a request for rezoning of properties consisting of three parcels on the north
side of West Denneys road and west of Carlisle Drive;
Parcel A, located at 57 Rocky Road, is owned by George L. Craig Jr. and Deborah J. Craig; the
property is currently zoned AR-Agricultural Residential District (Kent County zoning
classification), and the proposed zoning is RM-2 - Medium Density Residence Zone and partially
subject to the SWPOZ (City of Dover zoning classification).
Parcel B located at 4085 West Denneys Road, is owned by Robert G. Keller and Gloria K.
Keller; the property is currently zoned RM-Multifamily Residential District (Kent County zoning
classification), and the proposed zoning is RM-2-Medium Density Residence Zone and partially
subject to the SWPOZ (City of Dover zoning classification).
Parcel C, an unaddressed parcel on West Denneys Road, owned by Bruce A. Burkett; the
property is currently zoned AR-Agricultural Residential District (Kent County zoning
classification), and the proposed zoning is RM-2 - Medium Density Residence Zone.
A public hearing was duly advertised for this time and place to consider the rezoning of the
property consisting of three parcels on the north side of West Denneys road and west of Carlisle
drive; Parcel A, located at 57 Rocky Road, owned by George L. Craig Jr. And Deborah J. Craig;
Parcel B, located at 4085 West Denneys Road, owned by Robert G. Keller and Gloria K. Keller;
Parcel C, an unaddressed parcel on West Denneys Road, owned by Bruce A. Burkett.
Acting Council President Anderson declared the public hearing open.
Pam Scott, Saul, Ewing, LLP, 1201 North Market Street, Wilmington, Delaware. Ms. Scott
spoke on behalf of the applicants, Jack Lingo Asset Management, LLC, who are the equitable
owners of the property. Ms. Scott explained that the property is on the city’s comprehensive
development plan as being in a priority 2 annexation area, which means that the annexation of
these properties is considered consistent with the comprehensive plan. Ms. Scott further
explained that in addition to being part of the comprehensive plan, if the properties were to be
annexed into the city, they would be appropriately rezoned medium-density residential, which is
also consistent with the city’s comprehensive plan. Ms. Scott stated that the city has determined
that there is sufficient infrastructure available to accommodate the proposed project for
development and is consistent with the surrounding community.
Mark Slater, 22 Ardsley Circle, Dover, Delaware. Mr. Slater explained that he has two concerns
with the rezoning, the first is the number of houses that would end up on these properties. He
explained that the main concern would be the property value reduction if it is denser than what
Carlisle Village currently is. Mr. Slater explained that his second concern is the traffic on West
Denneys. Mr. Slater stated that if the access to these houses that would probably be built on this
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CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 9
land if the access is on West Denneys, that area right there on the map is kind of dangerous.
There is an S-curve there, and there are a decent number of accidents regularly.
Geneva and Michael Warren, 42 Ardsley Circle, Dover, Delaware. Ms. Warren stated that she
opposes the building because of the added traffic that would come with the building of the
additional facilities. She explained that her daughter, who lives right around the corner if she
goes to pick her daughter up from school, it is hard to leave her development. She was also
thinking that if they build these additional houses on West Denneys Road, she too will have that
same experience at West Denneys Road. So that is going to be one of her concerns and if she can
piggyback off from the value of the homes. They live in Carlisle Village, they live in a very nice
quiet development, and they love it there. They are thinking with the additional homes that it
may become really busy and a lot of noise and much traffic and things of that nature.
City Clerk Ms. Bennett read an email submission (Exhibit 1) for the Annexation/Rezoning public
hearing into the record.
Responding to Mayor Christiansen, Ms. Gray explained that a traffic analysis study is premature
at a rezoning stage. Ms. Gray stated that items to be considered for rezoning are whether the uses
are permitted, would be compatible with the existing uses and the zone in the area concerned,
whether there are adequate public services and infrastructure exist and whether the needs of any
additional demand as a result of such change, and whether the proposed use is by the city’s
current comprehensive plan. Ms. Gray explained that they are not at the site plan approval stage
and are not looking at a proposed use. She further explained that they are just looking at what is
allowed. Another thing to consider is that this is zoned in the county and there is nothing to
preclude this is also developed in the county for residential use.
Mr. Neil stated that he wanted to emphasize two things. One of which is really what the city’s
Planning Director has already stated. They are looking at the fact that they have a desperate need
for housing and it is more desperate than anybody can presume. Mr. Neil continued to state that
even in terms of protecting other properties, this is to be set for medium density. Two, the fact
that if there is flooding, that will be something that will be taken up within the development
because they are required to have the resources to move that water through drains, swales, and
whatever else because that is a problem. Mr. Neil noted that this is why the zone recognizes that
there is an over zone dealing with water and that all of this is premature. Mr. Neil explained that
this emphasizes the fact that if traffic is a problem, Del-DOT is going to be stepping in and
saying, yay, nay, or they have got to straighten this road. The city has the MPO where they can
direct and request that it be done. The MPO can also make sure it becomes a priority to have
Del-DOT work on this particular road if it is a state-maintained road. If it is not a state-
maintained road then it is a city road, and the city will have to handle it. The city knows that
there are problems because there are problems now. Mr. Neil stated that the fact is, they are
calling for this property to be used for housing, which is a desperate, desperate need for the city.
There is also a need for the public to be able to have additional housing coming in. Mr. Neil
continued to state that in regard to planning, the people who are here to object to it will have
another opportunity to say, “I do not like this, I do not like what is planned.” That is when it
comes to digging in the ground and fixing it up. Mr. Neil stated that this is just to allow them to
do this and that he thinks it is something that they do need.
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CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 10
Responding to Mr. Hare, Ms. Gray confirmed that the proposed properties are currently in the
county and that one lot is approved, one is zoned RM multi-family residential, and the other is
zoned agricultural residential.
Mr. Hare stated that he would disregard the email that was read into the record. He explained
that, as far as he is concerned that it could be coming from another contractor who is trying to get
the property. Mr. Hare stated that if someone is not willing to sign for it, he knows in the Ethics
Commission that if you do not sign for it is not considered.
Responding to Mr. Anderson, Ms. Gray stated that she was looking at the utility report, referring
back to that. Ms. Gray stated that the properties are not currently served by the City of Dover
Electric and explained that any future redevelopment with an electric service provider will be
evaluated. The properties are not currently served by the City of Dover Water Sanitary Sewer.
She further explained that water and sanitary sewer services are available to be hooked into, so
should this project move forward for development, then the developer would have to pay for the
development of the infrastructure to provide the connection for the water and sewer.
Responding to Mr. Anderson, Ms. Gray explained that there would be appropriate impact fees
for city services.
Adoption of Annexation Resolution No. 2022-08
Members considered Annexation Resolution No. 2022-08 for property consisting of three parcels
on the north side of West Denneys road and west of Carlisle Drive; Parcel A, located at 57
Rocky Road, owned by George L. Craig Jr. and Deborah J. Craig; Parcel B located at 4085 West
Denneys Road, owned by Robert G. Keller and Gloria K. Keller; Parcel C, an unaddressed parcel
on West Denneys Road, owned by Bruce A. Burkett.
By motion of Mr. Neil, seconded by Dr. Pillsbury, Council, by a unanimous roll call vote
(Sudler absent), adopted Resolution No. 2022-08, as follows:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE
LIMITS OF THE CITY OF DOVER
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the
said City in accordance with Title 22, Chapter 1, Section 101 of the Delaware Code (22 Del. C.§
101); and
WHEREAS, the Mayor and Council deem it to be in the best interest of the City of Dover to
include an area contiguous to the present City limits, and hereinafter more particularly described,
within the limits of the City of Dover; and
WHEREAS, the Charter of the City of Dover provides that if an annexation is petitioned by all
owners of all property considered for annexation; no election shall be required. For an
annexation petition not requiring an election, such petition shall be processed in accordance with
procedures established for amendments to the zoning map, specified in Dover Code, Appendix B
- Zoning. All annexation petitions shall be processed concurrently with the rezoning of the
property considered for annexation and shall be subject to a public hearing before City Council.
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CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 11
Public notice shall be completed in accordance with the provisions of the Dover Code relating to
the amendment of the zoning map.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of
Delaware, along with all adjacent paths, sidewalks, roadways, and rights-of-way in their
entirety shall be annexed to and included within the limits of the City of Dover:
Parcel A (Tax Map Parcel No.: ED-00-056.00-01-40.00-000)
BEGINNING at a point on the northly side of West Denneys Road - KCR #100 (25’ from
centerline) said being the southwesterly boundary corner for lands now or formerly of Robert G.
& Gloria K. Keller, where it joins the northeasterly boundary corner for lands herein described.
Said point being located by the following (5) courses & distances from a 25’ radius junction
curve joining the southwesterly side of Carlisle Drive (60’ Wide) with the northwesterly side of
West Denneys Road. 1. With an arc curving to the left A=116.40’ R=997.23’ CB=S 52⁰37’37”
W CD=116.34’ to a point another point of curvature. 2. With an arc curving to the left
A=258.98’ R=617.98’ CB=S 34⁰51’41” W CD=257.09’ to a point. 3. S 22⁰52’19” W, 60.48’ to a
point. 4. S 17⁰59’54” W, 96.64’ to a point of curvature. 5. With an arc curving to the right
A=183.15’ R=495.86’ CB=S 28⁰34’42” W CD=182.11’ to a point of beginning.
THENCE from the point of beginning, along the westerly side of West Denneys Road –
KCR#100 the following (2) courses & distances. 1. With an arc curving to the right A=63.55’
R=495.86’ CB=S 42⁰49’54” W CD=63.51’ to a point. 2. S 48⁰00’36” W, 37.09’ to a point, a
corner for lands now or formerly of the Church of God, Trustees. Thence by the same, with
Church of God, Trustees the following (2) courses & distances: 3. N 50⁰27’45” W, 535.91’ to a
point. 4. S 51⁰22’57” W, 188.44’ to a point in the line of lands now or formerly of David &
Veronica Gonce.
THENCE by the same, with David & Veronica Gonce the following (4) courses & distances: 1.
N 38⁰01’21” W, 904.08’ to a point. 2. S 44⁰25’05” W, 169.00’ to a point. 3. S 13⁰46’11” E,
292.99’ to a point. 4. S 23⁰33’43” W, 145.23’ to a point.
THENCE by the same and with lands now or formerly of William M. & Joan R. Warrington and
Gerald P. & Lura J. Johnson, S 35⁰40’37” W, 561.02’ to a point, a corner for lands now or
formerly of Michael A. & Karen L. Belton. Thence by the same and with lands now or formerly
of Alvin D. & Evelyn L. Rohm, Chase A. Bechtol, Albert E. Muchille, and Brandon & Sabrina
Fansler, N 20⁰16’02” W, 1373.79’ to a point, a corner for lands now or formerly of Brandon B.
Pollitt.
THENCE by the same, N 71⁰49’49” E, 799.65’ to a point, a corner for lands now or formerly of
DEL-HOMES, Inc.
THENCE by the same, and with lots 351 thru 355 of Carlisle Village section 3, S 61⁰01’56” E,
608.69’ to a point, a corner for lands now or formerly of Robert G. & Gloria K. Keller.
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CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 12
THENCE by the same with Robert G. & Gloria K. Keller the following (3) courses & distances.
1. S 27⁰58’15” W, 309.00’ to a point. 2. S 48⁰43’51” E, 1096.00’ to a point. 3. S 47⁰08’55” E,
172.65’ to the first mentioned point or place of beginning. Containing within said metes and
bounds 27.5834 +/- acres.
Parcel B (Tax Map Parcel No.: ED-00-056.00-01-41.00-000)
BEGINNING at a point on the northly side of West Denneys Road - KCR #100 (25’ from
centerline) said being the southwesterly boundary corner for lands now or formerly of Bruce A.
Burkett, where it joins the northeasterly boundary corner for lands herein described. Said point
being located by the following (2) courses & distances from a 25’ radius junction curve joining
the southwesterly side of Carlisle Drive (60’ Wide) with the northwesterly side of West Denneys
Road. 1. With an arc curving to the left A=116.40’ R=997.23’ CB=S 52⁰37’37” W CD=116.34’
to a point another point of curvature. 2. With an arc curving to the left A=210.53’ R=617.98’
CB=S 37⁰06’28” W CD=209.51’ to a point of beginning.
THENCE from the point of beginning, along the westerly side of West Denneys Road –
KCR#100 the following (4) courses & distances. 1. With an arc curving to the left A=48.45’
R=617.98’ CB=S 25⁰06’07” W CD=48.44’ to a point. 2. S 22⁰52’19” W, 60.48’ to a point. 3. S
17⁰59’54” W, 96.64’ to a point of curvature. 4. With an arc curving to the right A=183.15’
R=495.86’ CB=S 28⁰34’42” W CD=182.11’ to a point of lands now or formerly of George L. &
Deborah J. Craig.
THENCE by the same, with George L. & Deborah J. Craig. the following (3) courses &
distances: 1. N 47⁰08’55” W, 172.65’ to a point. 2. N 48⁰43’51” W, 1096.00’ to a point. 3. N
27⁰58’15” E, 309.00’ to a point in the line of lot 356, Carlisle Village section 3.
THENCE by the same, and with lots 357 thru 362 of Carlisle Village section 3, and lands now or
formerly of Wilson M. Dennis, Phillis P. Palmer, and Shannon L. Schilling, S 61⁰01’56” E,
824.11’ to a point, a corner for lands now or formerly of Bruce A. Burkett.
THENCE by the same with Bruce A. Burkett the following (2) courses & distances. 1. S
37⁰06’26” W, 209.72’ to a point. 2. S 62⁰16’59” E, 420.19’ to the first mentioned point or place
of beginning. Containing within said metes and bounds 10.5661 +/- acres.
Parcel C (Tax Map Parcel No.: ED-00-056.00-01-42.00-000)
BEGINNING at a point on the northly side of West Denneys Road - KCR #100 (25’ from
centerline) said being the southwesterly boundary corner for lot 1, Carlisle Village, Section 1,
where it joins the northeasterly boundary corner for lands herein described. Said point being
located by an arc curving to the left A=116.40’ R=997.23’ CB=S 52⁰37’37” W CD=116.34’
from a 25’ radius junction curve joining the southwesterly side of Carlisle Drive (60’ Wide) with
the northwesterly side of West Denneys Road.
THENCE from the point of beginning, along westerly side of West Denneys Road – KCR #100
with an arc curving to the left A=210.53’ R=617.98’ CB=S 37⁰06’28” W CD=209.51’ to a point,
a corner for lands now or formerly of Robert G. & Gloria K. Keller.
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CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 13
THENCE by the same the following (2) course and distances: 1. N 62⁰16’59” W, 420.19’ to a
point. 2. N 37⁰06’26” E, 209.72’ to a point, a corner for lot 6 of Carlisle Village section 1.
THENCE by the same and with lots 1 thru 6 of Carlisle Village section 1, S 2⁰15’18” E, 420.16’
to the first mentioned point or place of beginning. Containing within said metes and bounds
1.9662 +/- acres.
2. That the above-described properties shall be annexed into the City of Dover with a
zoning classification as set by City Council and in accordance with the zoning map and
environs then in force, effective upon such lands being included within the limits of the
City of Dover.
3. That the certified copy of this resolution of annexation, together with a plot of the area
annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 10th day of January 2023, at 12:01
a.m.
ADOPTED: JANUARY 9, 2023
Final Reading/Adoption of Rezoning Ordinance #2022-25
Members considered Rezoning Ordinance #2022-25 for property consisting of three parcels on
the north side of West Denneys road and west of Carlisle Drive; Parcel A located at 57 Rocky
Road, owned by George L. Craig Jr. and Deborah J. Craig; Parcel B located at 4085 West
Denneys Road, owned by Robert G. Keller and Gloria K. Keller; Parcel C, an unaddressed parcel
on West Denneys Road, owned by Bruce A. Burkett.
Mr. Hare moved that the Final Reading of Ordinance #2022-25 be acknowledged by title
only, seconded by Mr. Neil, and unanimously carried (Sudler absent). (The First Reading of
the ordinance was accomplished during the Council Meeting of November 14, 2022.)
Mr. Neil moved for approval of the rezoning, as recommended by the Planning Commission.
The motion was seconded by Dr. Pillsbury, and, by a unanimous roll call vote (Sudler
absent), Council adopted Ordinance #2022-25, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF
THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THREE
(3) PROPERTIES LOCATED ON THE NORTH SIDE OF WEST DENNEYS ROAD.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property
within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use
of property located at 57 Rocky Road (Parcel A) described below from AR (Agricultural
Residential District)(Kent County Zoning Classification) to RM-2 (Medium Density
Residence Zone), and partially subject to the SWPOZ (Source Water Protection Overlay
Zone)(City of Dover zoning classifications).
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use
Page 14
CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 14
of property located at 4085 West Denneys Road (Parcel B) described below from RM
(Multifamily Residential District) (Kent County Zoning Classification) to RM-2 (Medium
Density Residence Zone), and partially subject to the SWPOZ (Source Water Protection
Overlay Zone)(City of Dover zoning classifications).
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted
use of an unaddressed property located on the north side of West Denneys Road (Parcel C)
described below from AR (Agricultural Residential District) (Kent County Zoning
Classification) to RM-2 (Medium Density Residence Zone) (City of Dover zoning
classifications).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF DOVER, IN COUNCIL MET:
A. That from and after the passage and approval of this ordinance the Zoning Map and
Zoning Ordinance of the City of Dover have been amended by changing the zoning
designation from AR (Agricultural Residential District)(Kent County Zoning
Classification) to RM-2 (Medium Density Residence Zone), and partially subject to the
SWPOZ (Source Water Protection Overlay Zone)(City of Dover zoning classifications)
on that property located at 57 Rock Road (Parcel A) (located on the north side of West
Denneys Road and west of Carlisle Drive), consisting of 27.5834+/- acres., owned by
George L. Craig and Deborah J. Craig.
(Parcel A; Tax Parcel: ED-00-056.00-01-40.00-000; Planning Reference: AX-22-03; First
Council District)
B. That from and after the passage and approval of this ordinance the Zoning Map and
Zoning Ordinance of the City of Dover have been amended by changing the zoning
designation from RM (Multifamily Residential District) (Kent County Zoning
Classification) to RM-2 (Medium Density Residence Zone), and partially subject to the
SWPOZ (Source Water Protection Overlay Zone)(City of Dover zoning classifications)
on that property located at 4085 West Denneys Road (Parcel B) (located on the north
side of West Denneys Road and west of Carlisle Drive), consisting of 10.5661+/- acres.,
owned by Robert G. Keller and Gloria K. Keller.
(Parcel B; Tax Parcel: ED-00-056.00-01-41.00-000; Planning Reference: AX-22-03; First
Council District)
C. That from and after the passage and approval of this ordinance the Zoning Map and
Zoning Ordinance of the City of Dover have been amended by changing the zoning
designation from AR
(Agricultural Residential District)(Kent County Zoning Classification) to RM-2 (Medium
Density Residence Zone) on an unaddressed parcel on West Denneys Road (Parcel C)
(located on the north side of West Denneys Road and west of Carlisle Drive), consisting
of 1.9662+/- acres., owned by Bruce A. Burkett.
(Parcel C; Tax Parcel: ED-00-056.00-01-42.00-000; Planning Reference: AX-16-01; First Council District)
ADOPTED: JANUARY 09, 2023
Page 15
CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 15
CITY MANAGER'S ANNOUNCEMENTS
City Manager Hugg shared his 2023 Looking Forward, Observations, and Speculations with
members of council. (Exhibit 2)
CITY MAYOR’S ANNOUNCEMENTS
Mayor Christiansen was not present to give announcements.
COUNCIL MEMBERS' ANNOUNCEMENTS
Councilman Boggerty thanked everyone for their warm congratulations, thoughts, and prayers.
He thanked everyone for being team Dover even when they are debating. He further explained
that during an interview, he stated that while the council members are different, they each have
one thing in common: they want what is best for the City of Dover.
Councilman Taylor announced that he will resign from City Council on February 1, 2023. He
explained that four years ago, his wife Jean told him he had four years, and that is it. Mr. Taylor
explained that they have purchased a home outside the city limits and will take possession on
February 1, 2023. Mr. Taylor stated that it has been 32 years with him and the city having boots
on the ground. He stated that he loves the city; however, it is time for a change, and change is
good. Mr. Taylor explained that he had permitted himself to leave three months ago but was
stubborn and was going to give the Mayor one heck of a race. He stated that he was going to
honor his promise to his wife and that they will take possession of their new home and make it
their primary residence and be happy. Mr. Taylor followed up, stating it has been an honor
working with everyone over the past four years. Mr. Taylor respectfully requested that the
Safety, Advisory, and Transportation Committee Chair position be filled immediately due to the
decisions being made. Mr. Taylor suggested that Mr. Boggerty would be a great fit. He further
stated that Mr. Boggerty has a very balanced approach.
Councilman Anderson asked Chief Johnson to thank his staff for Law Enforcement Appreciation
Day and reminded everyone that the City Council stands with the men and women of law
enforcement in the City of Dover. Mr. Anderson thanked the officers for their dedication to the
city, its citizens, and those who come in and work, visit and worship. He stated that they make
our city safer so we all can do our jobs in the community, and we thank them. Mr. Anderson then
reminded everyone that Dr. Martin Luther King Day is coming up on Monday, January 16, 2023,
and that there is an event at Delaware State University at noon. He suggested letting Council
President Sudler and the Inner-City Cultural League, Inc. know if anyone on the council is
interested in attending. Mr. Anderson also reminded everyone that there is a breakfast for Martin
Luther King Day at Modern Maturity Center, and doors open at 7:15 a.m.
Councilman Anderson reminded everyone of the Special Council Meeting that will take place on
Thursday, January 26, 2023, from 6:00 p.m. to 8:00 p.m. in Council Chambers.
Councilman Neil reminded everyone of Coffee with a Cop on Tuesday, January 17, 2023, from
5:00 p.m. to 7:00 p.m. at McGlynn’s.
Page 16
CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 16
The meeting adjourned at 7:27 p.m.
ANDRIA BENNETT
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of January 9, 2023, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/AB
\\VMFILEPRINT\CityClerk\AGENDAS-MINUTES-PACKETS\Council-Minutes\2023\01-January\01-09-2023 REGULAR COUNCIL MINUTES.doc
Exhibits
Exhibit #1 – Annexation Public Hearing Email Submission
Exhibit #2 – 2023 Looking Forward – City Manager Hugg
Page 17
Exhibit #1
From: James
To: City Clerks Office
Subject: EXTERNAL: Proposed annexation and rezoning of properties of lands of Craig,Keller,andBurkett
Date: Saturday, January 7, 2023 12:50:19 PM
WARNING: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
I have an issue of the proposed annexation and rezoning of the lands of Craig Keller and
Burkett. I saw the yellow sign and I see where the entrance to this proposed annexation
property would be. West Indies road around that sharp curve has many accidents. Putting a
new development subdivision or apartment complex on those curves will cause even more
accidents and maybe cost lives. There are already too many cars and tractor trailers going up
and down West Indies road in this area. This annexation should not be done because safety of
people's lives is more important than building a whole bunch of apartments or homes in that
low section always holding water land. When we get heavy rain the water runs out of those
woods down the road into Carlisle village. Whoever develops in there is going to either have
flooding issues on their property or they're going to raise the property and Carlisle village the
church on the other side of the property and homes over there will then have flooding
problems this area is not a good area for development in my opinion. My biggest concern is
the amount of traffic on West Indies road and this this property entryway is going to be in
these curves causing many more accidents. I oppose this annexation for the safety of all who
travel and live on West Indies road. Sincerely James
Page 18
Exhibit #2
2023 – Looking Forward; Observations and Speculations
I try not to make unsupported predictions, but as 2022 comes to an end I’ve been cogitating
about what we have learned and where we might be headed in 2023. By no means a complete
list, and without hard evidence in some instances, the following are my observations and
expectations (and speculations). They are in no priority order and reflect only my thinking
about the subject; with the caveat that I might be totally off course. Just thought there might
be value in sharing.
Inflation –
The good news is that inflation, at least as measured by the Philadelphia South Regional CPI
appears to be in decline. The month-to-month average was up marginally but the 12-month
average for November was at 7.1% (seasonally unadjusted) for all urban consumer
commodities. This is down from over 8% the previous month and from highs over 10% a few
months ago. Many will take credit for this trend but actions by the Federal Reserve are primary.
The Federal Reserve has indicated it may increase interest rates at least once more to control
inflation. For the City, a slowing of inflation impacts on the costs of goods and services we
purchase and may temper higher costs of construction. Fuel prices, for example, are now below
a year ago favorably impacting our vehicle fuel costs; an area where budgeted amounts are
proving inadequate.
Interest rates –
While the Federal Reserve’s actions to control inflation appear to be working, higher rates are
beginning to be reflected in slowed housing lending, mortgages, and credit. This has caused
some development deals to be suspended. The city has already lost one land sale opportunity
in GOBTP as the increased cost of borrowing caused the project to become risky. Higher
interest rates could have varied impacts on the city’s ability to borrow for capital projects or
lend funds to foster redevelopment.
Wholesale energy –
As an electric utility our costs for purchased power drive the amount we pay for energy and the
costs we must build into our utility rates and charges. Just this year the city was forced to
impose a PPCA debit on customers’ bills, increasing their monthly charges significantly. At
budget time we were experiencing costs in the $8-$9 MMBtu range for wholesale energy.
Those costs have begun to trend lower, although colder weather forecasted for this winter and
resumed LNG exports are anticipated to cause prices to escalate. For the moment lower costs
have a positive benefit on purchases and energy hedges. The wholesale energy market is too
volatile to count on reduced costs anytime soon, and unfortunately any relief for customers.
Page 19
Any change to the PPCA at this point would be premature and subject to reconsideration next
fiscal year based on economic conditions.
Developer interest/investment/economy –
Despite the factors above, the city continues to see interest from developers/investors. Some
are clearly tire-kickers, but we have been approached by parties looking for good opportunities
and recognizing the competitiveness in certain sectors (manufacturing, logistics, rental
housing). Although one deal fell through, we currently have two agreements of sale and a
couple of LOI’s for property at Garrison Oak, two large logistics/warehouse projects are under
development at Lafferty Lane and Enterprise Business Park, and Kent Economic Partnership has
26 active projects in play, many of which are Dover focused. And we continue to see retail
projects moving forward in such areas as banking and food. Most economic observers suggest
that there is still a large amount of private resources seeking good investment opportunities.
But the lack of an ample trained, dependable workforce is critical. One large employer
continues to consider leaving Dover and another often doesn’t have enough employees show
up to be able to run the third shift. Employee shortages are adversely affecting our economy
across every sector.
City finances –
Fortunately, city revenues are tracking favorably compared to our budget. We have not
experienced significant budget-busters, nor have we seen extraordinary or unanticipated
revenue windfalls. Revenues could be tempered if the economy falls into a recession and our
confidence in upcoming years is low. Wage and benefit increases associated with wage equity,
benefit costs increase, and retirement issues will pose a significant challenge both this year and
next while deferred vehicle replacement is already driving maintenance costs to new levels and
supply chain issues are delaying infrastructure projects while also pushing up costs. A proposed
legislative change in the Real Estate Transfer Tax formula (a bill was just introduced in the
House) could make some investments more attractive resulting in added revenues, but the
State continues to consider and enact unfunded mandates of all types.
State Government/General Assembly –
A new and probably more progressive General Assembly takes office in January. Prior General
Assemblies and the Governor, in my opinion, have tended to be more moderate conservative,
so I expect to see more focus on social and environmental concerns such as climate change and
clean energy, electric vehicles, homeless rights, police funding and oversight, local land use
control, etc. Many of these will result in additional unfunded mandates and/or limitations on
local authority; a concern over what was Senate Bill 305 (Climate Change) last year proposed
granting the Secretary of DNREC very broad powers that impact local development and land
use control. Building strength in numbers through the Delaware League of Local Governments
(DLLG) and other cooperative associations will be vital in the next session. DLLG also believes
Page 20
that most of the “new” money from DEFAC (and any surplus this year) will be absorbed by
inflation related costs and probably not available for local projects.
Cybersecurity –
The ever-increasing threat of cyber-attacks, along with rapidly changing technology, make this a
significant issue looking forward. More funding from federal grants for both Information
Technology (IT), that underlies our business processes, and Operational Technology (OT), that
controls our water and electric grids, is very likely. On the IT side, Delaware received approval
for over 2.2M of federal grant dollars for the current fiscal year, with 80% going to county and
municipalities. Cooperation with the state is key, as future funding in the out-years is
contingent on matching funds and the state would like to simplify the process by providing the
match themselves. Additional funding opportunities on the electrical OT side are likely later this
fiscal year as we look for opportunities to further secure our infrastructure against both cyber
and physical threats.
Federal funding –
The Biden administration has and continues to pump federal funding into infrastructure,
inflation reduction, housing, and recovery from pandemic and economic downturns. Last year
Congress reestablished “earmarks” in the budget process, and a part of the upcoming federal
budget as well. While these funds are attractive, they raise questions of the City’s capacity to
efficiently utilize grants and loans and they come with various constraints such as addressing
social and environmental equity (Justice40 requirement), clean energy and climate change, and
disadvantaged neighborhoods. The city is slated to get congressional earmarks for police
cameras and water system enhancements.
Housing –
Aside from federal funding emphasis on housing, local rental housing rates are up by over 10%
(based on CPI) with local rents over $1200/month and up. Rental housing inventories are tight
as well, making it difficult for low to moderate income persons to afford. New single-family
construction and inventories are also very tight according to local realtors; they anticipate a
slowing in construction and resales as interest rates increase (despite continued building in the
area). Fortunately, aggressive code enforcement and the efforts of NCALL/Neighbor Good
Partners and Central Delaware Habitat for Humanity have reduced the number of vacant and
problematic properties (but many of these previously provided substandard but “affordable”
housing). Housing for homeless or seriously underhoused individuals/families is almost non-
existent and hard to locate due to NIMBY opposition.
Future of the Downtown –
The long-awaited master plan is nearing completion and hopefully will generate excitement and
investor/entrepreneurial interest. DDP has set up a capital building improvement grant
program with solid interest. The fire-damaged building on W. Loockerman Street has been
Page 21
demolished. The new State Family Court building construction is underway. But we await any
large-scale project proposals. The plan will call for various streetscape and utility investments,
signage and wayfinding, parking changes, removal of large trees, increased policing, and other
public improvements, of which costs to the city budget are not yet known.
David S. Hugg III
City Manager
January 3, 2023