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Regular City Council Meeting April 22, 2019

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Regular City Council Meeting April 22, 2019 REGULAR CITY COUNCIL MEETING AGENDA APRIL 22, 2019 - 7:30 P.M. CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA, DOVER, DELAWARE OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.) THE “OPEN FORUM” SEGMENT IS PROVIDED TO EXTEND THE OPPORTUNITY TO THE GENERAL PUBLIC TO SHARE THEIR QUESTIONS, THOUGHTS, COMMENTS, CONCERNS, AND COMPLAINTS. DISCUSSION OF ANY ITEM APPEARING ON THE AGENDA AS A PUBLIC HEARING IS PROHIBITED DURING THE OPEN FORUM AS AN OPPORTUNITY WILL BE PROVIDED DURING CONSIDERATION OF THAT ITEM. CITIZEN COMMENTS ARE LIMITED TO THREE (3) MINUTES. COUNCIL IS PROHIBITED FROM TAKING ACTION SINCE THEY ARE NOT IN OFFICIAL SESSION; HOWEVER, THEY MAY SCHEDULE SUCH ITEMS AS REGULAR AGENDA ITEMS AND ACT UPON THEM IN THE FUTURE. INVOCATION BY BISHOP THOMAS L. HOLSEY PLEDGE OF ALLEGIANCE LED BY COUNCILMAN SUDLER ADOPTION OF AGENDA *CONSENT AGENDA THOSE ITEMS ON THE COUNCIL AGENDA WHICH ARE CONSIDERED ROUTINE AND NON- CONTROVERSIAL SHALL BE MARKED WITH AN ASTERISK (*) 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. * 1. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 8, 2019 2. CERTIFICATE OF CONGRATULATIONS - AMERICAN ASSOCIATION OF UNIVERSITY WOMEN (AAUW) DOVER BRANCH - 80TH ANNIVERSARY 3. ANNEXATION/REZONING OF PROPERTY LOCATED AT 2920 NORTH DUPONT HIGHWAY, OWNED BY NEWWIND PROPERTIES 2920 LLC (RECEIVED REQUEST TO POSTPONE - RECOMMEND THAT THE PUBLIC HEARING BE RESCHEDULED FOR TUESDAY, MAY 28, 2019) A. PUBLIC HEARING - ZONING CLASSIFICATION PROPERTY LOCATED AT 2920 NORTH DUPONT HIGHWAY, CONSISTING OF 0.57 +/- ACRES, OWNED BY NEWWIND PROPERTIES 2920 LLC. THIS PROPERTY IS CURRENTLY ZONED BG (GENERAL BUSINESS)(KENT COUNTY ZONING CLASSIFICATION) AND THE PROPOSED ZONING IS C-4 (HIGHWAY COMMERCIAL)(CITY OF DOVER ZONING CLASSIFICATION) (TAX PARCEL: ED-00-057.02-01-08.00-000; PLANNING REFERENCE: AX-19-01; COUNCIL DISTRICT: 3) B. ADOPTION OF ANNEXATION RESOLUTION NO. 2019-03 COUNCIL AGENDA - APRIL 22, 2019 PAGE 2 3. ANNEXATION/REZONING OF PROPERTY LOCATED AT 2920 NORTH DUPONT HIGHWAY, OWNED BY NEWWIND PROPERTIES 2920 LLC (CONTINUED) (RECEIVED REQUEST TO POSTPONE - RECOMMEND THAT THE PUBLIC HEARING BE RESCHEDULED FOR TUESDAY, MAY 28, 2019) C. FINAL READING/ADOPTION OF REZONING ORDINANCE #2019-01 THE FIRST READING OF THE PROPOSED ORDINANCE WAS ACCOMPLISHED DURING THE COUNCIL MEETING OF JANUARY 14, 2019. THE ORDINANCE IS AVAILABLE AT THE ENTRANCE OF THE COUNCIL CHAMBERS, ON THE CITY'S WEBSITE AT WWW.CITYOFDOVER.COM UNDER "GOVERNMENT," OR BY CONTACTING THE CITY CLERK'S OFFICE AT 736-7008 OR [email protected]. (1) AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 2920 NORTH DUPONT HIGHWAY * 4. DOVER HUMAN RELATIONS COMMISSION REPORT - MARCH 21, 2019 A. ELECTION OF COMMISSION CHAIR (COMMISSION ELECTED MR. ALAN P. GADDIS AS CHAIR) B. 2018 ANNUAL REPORT TO CITY COUNCIL (COMMISSION RECOMMENDATION: ACCEPTANCE OF THE DOVER HUMAN RELATIONS COMMISSION 2018 ANNUAL REPORT TO CITY COUNCIL) C. FUTURE MEETING DATES (COMMISSION DECIDED TO CONTINUE HOLDING MONTHLY MEETINGS) D. PROPOSED REVISIONS TO DHRC BROCHURE (COMMISSION DEFERRED THIS ITEM TO THE NEXT MEETING) E. COMMISSION MEMBERS' ANNOUNCEMENTS 5. COUNCIL COMMITTEE OF THE WHOLE REPORT - APRIL 9, 2019 * A. COUNCIL COMMITTEE OF THE WHOLE (1) UPDATE ON THE COMPREHENSIVE PLAN PROJECT (COMMITTEE ACTION NOT REQUIRED) * B. UTILITY COMMITTEE (1) ANNUAL ENGINEERING CONSULTANT'S REPORT ON THE OPERATION AND MAINTENANCE OF THE ELECTRIC SYSTEM - FISCAL YEAR 2018 (COMMITTEE RECOMMENDATION: ACCEPTANCE OF THE REPORT) C. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE * (1) PROPOSED AMENDMENTS TO BY-LAWS - DOWNTOWN DOVER PARTNERSHIP (COMMITTEE RECOMMENDATION: APPROVAL OF THE PROPOSED AMENDMENTS, AS AMENDED) (2) PROPOSED ORDINANCE #2019-10 AMENDING CHAPTER 90 - SOLID WASTE (COMMITTEE RECOMMENDATION: ADOPTION OF ORDINANCE #2019-10, AS AMENDED)(SEE ITEM #10) * 6. CONTROLLER/TREASURER’S BUDGET REPORT (FEBRUARY YEAR-TO-DATE) * 7. QUARTERLY REVENUE REPORT AS OF MARCH 31, 2019 (STAFF RECOMMENDATION: ACCEPTANCE OF THE REPORT) * 8. SEMI-ANNUAL INSPECTION BY CITY MANAGER - ROBBINS HOSE COMPANY (STAFF RECOMMENDATION: ACCEPTANCE OF THE REPORT) COUNCIL AGENDA - APRIL 22, 2019 PAGE 3 9. 2019 REGULAR MUNICIPAL ELECTION RESULTS 10. FIRST READING - PROPOSED ORDINANCE #2019-10 THE FIRST READING IS OFFERED ON THE PROPOSED ORDINANCE. FINAL ACTION BY COUNCIL WILL TAKE PLACE DURING THE SECOND READING ON MAY 13, 2019. THE ORDINANCE IS AVAILABLE AT THE ENTRANCE OF THE COUNCIL CHAMBERS, ON THE CITY'S WEBSITE AT WWW.CITYOFDOVER.COM UNDER "GOVERNMENT," OR BY CONTACTING THE CITY CLERK'S OFFICE AT 736-7008 OR [email protected]. A. AMENDING CHAPTER 90 - SOLID WASTE (LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE) 11. REZONING REQUESTS - FIRST READINGS OF PROPOSED ORDINANCES THE FIRST READING IS OFFERED ON THE FOLLOWING PROPOSED ORDINANCES. THEY ARE RECOMMENDED FOR REFERRAL TO THE PLANNING COMMISSION FOR A PUBLIC HEARING ON MAY 20, 2019 AND THAT A PUBLIC HEARING BEFORE CITY COUNCIL BE SET FOR JUNE 10, 2019 AT 7:30 P.M., AT WHICH TIME THE FINAL READINGS AND COUNCIL ACTION WILL TAKE PLACE. THE ORDINANCES ARE AVAILABLE AT THE ENTRANCE OF THE COUNCIL CHAMBERS, ON THE CITY'S WEBSITE AT WWW.CITYOFDOVER.COM UNDER "GOVERNMENT," OR BY CONTACTING THE CITY CLERK'S OFFICE AT 736-7008 OR [email protected]. A. ORDINANCE #2019-11 PROPERTY LOCATED AT 53 NORTH WEST STREET, CONSISTING OF 0.20+/- ACRES, AND 517 WEST DIVISION STREET, CONSISTING OF 0.35+/-ACRES, OWNED BY HARMAN OIL, INC. THE PROPERTIES ARE CURRENTLY ZONED C-1A (LIMITED COMMERCIAL) AND THE PROPOSED ZONING IS C-2A (LIMITED CENTRAL COMMERCIAL) (TAX PARCELS: ED-05-076.08-04-02.00-000 AND ED-05-076.08-04-01.00-000; PLANNING REFERENCE: Z-19-05; FOURTH COUNCIL DISTRICT) B. ORDINANCE #2019-12 PROPERTY LOCATED AT 731 WEST DIVISION STREET, CONSISTING OF 11,350 +/- S.F. AND 801 WEST DIVISION STREET, CONSISTING OF 8,400+/- S.F., OWNED BY AID IN DOVER, INC. THE PROPERTIES ARE CURRENTLY ZONED C-2A (LIMITED CENTRAL COMMERCIAL) SUBJECT TO COZ-1 (CORRIDOR OVERLAY) AND THE PROPOSED ZONING IS IO (INSTITUTIONAL AND OFFICE) SUBJECT TO COZ-1 (CORRIDOR OVERLAY) (TAX PARCELS: ED-05-076.08-01-34.00-000 AND ED-05-076.08-01-32.00-000; PLANNING REFERENCE: Z-19-06; FOURTH COUNCIL DISTRICT) 12. FINAL READING - PROPOSED ORDINANCE #2019-09 THE FIRST READING OF THE PROPOSED ORDINANCE WAS ACCOMPLISHED DURING THE COUNCIL MEETING OF APRIL 8, 2019. THE ORDINANCE IS AVAILABLE AT THE ENTRANCE OF THE COUNCIL CHAMBERS AND ON THE CITY'S WEBSITE AT WWW.CITYOFDOVER.COM UNDER "GOVERNMENT." A. 2018-2019 BUDGET ORDINANCE - SECOND AMENDMENT 13. CITY MANAGER’S ANNOUNCEMENTS 14. COUNCIL MEMBERS’ ANNOUNCEMENTS 15. ADJOURNMENT /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\COUNCIL-AGENDAS\2019\04-22-2019 COUNCIL AGENDA.WPD COUNCIL AGENDA - APRIL 22, 2019 PAGE 4 EXECUTIVE SESSION PURSUANT TO: 29 DEL. C. §10004(B)(2) - PRELIMINARY DISCUSSIONS ON SITE ACQUISITIONS FOR ANY PUBLICLY FUNDED CAPITAL IMPROVEMENTS, OR SALES OR LEASES OF REAL PROPERTY; 29 DEL. C. §10004(B)(4) - STRATEGY SESSIONS, INCLUDING THOSE INVOLVING LEGAL ADVICE OR OPINION FROM AN ATTORNEY-AT-LAW, WITH RESPECT TO COLLECTIVE BARGAINING OR PENDING OR POTENTIAL LITIGATION, BUT ONLY WHEN AN OPEN MEETING WOULD HAVE AN ADVERSE EFFECT ON THE BARGAINING OR LITIGATION POSITION OF THE PUBLIC BODY; 29 DEL. C. §10004(B)(6) - DISCUSSION OF THE CONTENT OF DOCUMENTS, EXCLUDED FROM THE DEFINITION OF "PUBLIC RECORD" IN §10002 OF THIS TITLE WHERE SUCH DISCUSSION MAY DISCLOSE THE CONTENTS OF SUCH DOCUMENTS; 29 DEL. C. §10004(B)(9) - PERSONNEL MATTERS IN WHICH THE NAMES, COMPETENCY AND ABILITIES OF INDIVIDUAL EMPLOYEES ARE DISCUSSED, UNLESS THE EMPLOYEE REQUESTS THAT SUCH A MEETING BE OPEN THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(E)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING. REGULAR COUNCIL MEETING The Regular Council Meeting was held on April 8, 2019 at 7:30 p.m. with Councilman Hare presiding in the absence of Council President Slavin. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Polce, and Mr. Lindell. Staff members present were Police Chief Mailey, Ms. Peddicord, Mrs. Mitchell, Mr. Hugg, Fourth Assistant Fire Chief Jacobs (departed at 7:59 p.m. and returned at 8:01 p.m.), City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Councilman Hare declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. There was no one present wishing to speak during the Open Forum. The invocation was given by Bishop Thomas L. Holsey, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Mr. Neil moved for approval of the agenda, seconded by Mr. Sudler and unanimously carried. Mr. Neil moved for approval of the consent agenda, seconded by Mr. Lindell and carried by a unanimous roll call vote (Slavin absent). ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 25, 2019 The Minutes of the Regular Council Meeting of March 25, 2019 were unanimously approved by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of Mayor Christiansen. ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF MARCH 26, 2019 The Minutes of the Special Council Meeting of March 26, 2019 were unanimously approved by motion of Mr.
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