Legislative Actions
City Council Session
Monday, May 20, 2013, 7 p.m.
The Annapolis City Council will meet on Monday, May 20, at 7 p.m., in the Council Chambers. All Council meetings are broadcast on Comcast channel 99 and on Verizon channel 34.
Before the matters below are considered by the Council, you have an opportunity to speak to the Council for three minutes on any topic other than those scheduled for a public hearing (and you can speak to those topics at their respective points in the meeting).
PUBLIC HEARINGS
O-36-12 Permitted Hours of Sidewalk Cafes - For the purpose of authorizing permitted sidewalk cafes to remain open during the normal business hours governing such establishments.
O-18-13 The Conveyance of Certain Portions of 908 and 914 Bay Ridge Avenue- For the purpose of conveying by deed the right, title, and interest of the City of Annapolis in a certain part of the land at 914 Bay Ridge Avenue to Ana Cortes; accepting the conveyance by deed of Ana Cortes' right, title, and interest in a certain part of the land at 908 Bay Ridge Avenue; and all matters relating to these conveyances.
Comment: The subject of the proposed ordinance is a land swap at the Eastport Fire Station with an adjoining property owner, Ana Cortez. Cortez would convey approximately 9,583 square feet from her property at 908 Bay Ridge Avenue to the City of Annapolis in exchange for 4,792 square feet of the City of Annapolis' property located at 914 Bay Ridge Avenue. Ms. Cortez initiated this request.
O-20-13 Highly Compensated Employees in the Police and Fire Retirement Plan - For the purpose of establishing the definition of "highly compensated employee" within the Police and Fire Retirement Plan and authorizing such highly compensated employee participation in the Police and Fire Retirement Plan.
Comment: The proposed ordinance would establish that the Chiefs of Police and Fire could purchase service time, retroactively, for pension plan benefits. This added benefit is intended to provide additional inducement to keeping or attracting the most qualified and desirable candidates for those positions.
LEGISLATIVE ACTION
RESOLUTION - 2nd READER
O-28-12 Amending the Procedures for the Sale and Rental of Moderately Priced Dwelling Units - For the purpose of amending the procedures for the sale and rental of moderately priced dwelling units.
Comment: This Ordinance establishes procedures for selling or renting MPDUs if and when they are not sold or rented to qualified individuals in the City. The City would have the right of first refusal, and then the sale or rental would be opened up to the public (the status of MPDU would not change). This legislation appears to serve a good purpose, does not have a fiscal impact, and it has been endorsed by the applicable committees. I am not aware of any reason to vote against this measure. Therefore, unless otherwise convinced by you or my colleagues on the Council, I intend to vote for this measure.
O-36-12 Permitted Hours of Sidewalk Cafes - For the purpose of authorizing permitted sidewalk cafes to remain open during the normal business hours governing such establishments.
Comment: See above, Public Hearings. I am aware of only benefits to Ward 5 residents with this resolution. I believe that the primary benefit - longer outdoor seating - would be welcomed by Ward 5 residents, and the primary concern - late hour disturbances - would not affect those same residents. Therefore, unless otherwise convinced by you or my colleagues on the Council, I intend to vote for this measure.
R-10-13 A Protocol for Ensuring the Implementation of the Forest Conservation Act - For the purpose of enacting a protocol to ensure the implementation of the Forest Conservation Act.
Comment: This Resolution is an initiative by me and Aldermen Arnett and Pfeiffer to ensure that the Ordinance implementing the State's Forest Conservation Act ("FCA", see O-21-13, 1st Reader, below) applies to new site plan applications.
On a practical level, this legislation is not intended to nor would it slow down the review or approval process, and it is not a statement of support or opposition to any development. Instead, it is a statement in favor of smart growth and ensuring that the City applies an improved process to its review of planned developments.
One of the Resolution's sponsors, Alderman Pfeiffer, has informed me that he will not be present at this meeting, and therefore I will request a postponement of the Council's vote on this matter.
R-23-13 Special Event Applications - II - For the purpose of authorizing City Council approval of selected special events per R-14-12, implementing a moratorium on administrative approvals for events at City Dock; designating specific dates for the sale of merchandise in the Historic District in conjunction with only the approved special events; waiving docking fees for the Eastport Yacht Club Lights Parade; and the reimbursement of full fees to the City for the cost associated with the other approved events.
Comment: The proposed resolution would authorize Council approval of the following special events:
1. CBYRA Annapolis Race Week
2. Paint Annapolis 2013
3. Corvettes on the Bay fundraiser (for Arc of the Central Chesapeake Region)
4. 5th Annual John Ripley Memorial Race (for Semper Fi Fund)
5. 31st Annual Eastport Yacht Club Lights Parade
6. ZOOMA Annapolis Half Marathon and 10K
The Council's Finance Committee recommended striking from this list events: CBYRA, Ripley Race, and the Lights Parade. I am interested in learning the reason for that recommendation before forming an opinion on it, and note that those three events are in a subsequent application (R-26-13, 1st Reader, below).
Also, pending before the Council is legislation that seeks to resolve these decisions comprehensively and systematically. In the meantime, I welcome your opinion on this Resolution. Unless you and colleagues on the Council argue convincingly otherwise, I intend to vote in favor of this Resolution until the larger issues are addressed.
R-24-13 City of Annapolis Natural Hazard Mitigation Plan - For the purpose of adopting the City of Annapolis Natural Hazard Mitigation Plan, as required by the Federal Emergency Management Agency, to maintain eligibility for disaster funding for large scale emergencies and disasters.
Comment: The proposed resolution would maintain eligibility for federal funding. Unless otherwise convinced by you or my colleagues on the Council, I intend to vote for this measure.
R-25-13 National Preservation Month 2013 - For the purpose of proclaiming May 2013 as National Preservation Month in the City of Annapolis.
Comment: This proclamation is ceremonial in nature and does not have a fiscal impact. Unless otherwise convinced by you or my colleagues on the Council, I intend to vote for this measure.
RESOLUTION - 1ST READER
My commentary: On 1st reader, the Council votes to introduce these ordinances and resolutions to the City Council. If introduced, they will be sent to the appropriate committee(s) for review, and will be subject to public hearings before a vote on whether to adopt or approve them at a later date, unless those rules are waived by unanimous vote.
O-21-13 Implementing the State of Maryland's Forest Conservation Act - For the purpose of implementing the State of Maryland's Forest Conservation Act; prohibiting certain development projects from cutting or clearing certain forests within the City of Annapolis unless a forest stand delineation and a forest conservation plan are in effect; and all other matters generally relating to the Forest Conservation Act.
Comment: This Ordinance will be available on Monday, May 20.
R-26-13 Special Event Applications - III - For the purpose of authorizing City Council approval of selected special events per R-14-12, implementing a moratorium on administrative approvals for events at City Dock; designating specific dates for the sale of merchandise in the Historic District in conjunction with only the approved special events; waiving fees for the Eastport Yacht Club Lights Parade and the Grand Illumination; and the reimbursement of full fees to the City for the cost associated with the other approved events.
Comment: The proposed resolution would authorize Council approval of the following special events:
Annapolis Striders (10-mile Run: August 25)
Chesapeake Bay Yacht Racing Association - CBYRA (Annapolis Race Week: August 31-September 2)
Annapolis High School (Homecoming Parade: October 25)
Maritime Republic of Eastport (Tug of War: November 2)
Semper Fi Fund (John Ripley Memorial Race: November 10)
Second Wind Productions (Annapolis Running Classic: November 23)
Annapolis Jaycees (Grand Illumination: December 1)
Eastport Yacht Club (Lights Parade: December 14).
R-27-13 Timothy House Rehabilitation of Timothy House and Redevelopment of Timothy Gardens - For the purpose of approving the rehabilitation of Timothy House and redevelopment of Timothy Gardens Project-based Section 8 properties in Annapolis, Maryland to be financed either directly by the Department of Housing and Community Development (the "Department") of the State of Maryland or through the Department's Community Development Administration (the "Administration").
Comment: This Resolution would approve project financing in the form of a loan in the approximate amount of $13,184,259 to the National Foundation for Affordable Housing Solutions, Inc., a Maryland corporation.
O-19-13 Capacity of Schools in the Development Review Process
- For the purpose of adding current and projected school capacity of Annapolis Feeder System schools geographically located in the City of Annapolis to the list of development review criteria and findings; and specifying duties of the Director of Planning and Zoning regarding school capacity.
Comment: This Ordinance is not currently on the agenda, but I intend to move to amend the agenda so that the Council may consider voting on this Ordinance on 1st Reader. This is an effort by me and co-sponsors Aldermen Arnett and Pfeiffer to add to the list of considerations for a proposed development that of school capacity. Currently, the City considers many factors, but not schools, before approving or rejecting a proposed development. This is not a statement in favor or against development, but rather a statement in favor of smart growth and due consideration of all of the important criteria.
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