City Dock, Crystal Spring, and the City Council Session Agenda, July 8, 7 p.m.

Jared S. Littmann

Alderman, Ward 5, Annapolis

912 Forest Drive

(office at K&B True Value)

410-268-3939 (office)

443-926-2399 (cell)

jared@annapolisward5.com

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July 18

1:30-4:30 p.m., City Council Work Session, City Council Chambers

July 18

4:30-5:30 p.m. Environmental Matters Committee meeting, City Council Chambers

July 22

6:00 p.m., Housing and Human Welfare Committee meeting, City Council Chambers

July 22

7:00 p.m., City Council Special Meeting, City Council Chambers

July 24

5:30 p.m., Green Drinks Annapolis, Historic London Town & Gardens

Greetings!

The next City Council session is Monday, July 8, at 7 p.m.

In the nearly 4 weeks since the last Council session, much has happened in Annapolis. I provide a few updates below, followed by my analysis of the issues on the agenda for the July 8 City Council session. To begin with though, I want to express my remorse and sadness for the family of the 7 year old boy, Kyle Aldridge, who tragically died on July 4th. No words seem sufficient, but he is in the thoughts of many.

FY2014 Budget, follow-up

At the last Council session on June 10, the Council approved the FY2014 operating and capital budgets. In the email leading up that session, I expressed my concerns about the budget, namely that it does not provide enough for savings and does not sufficiently account for outstanding liabilities and capital debt. There were a lot of discussions with my colleagues leading up to that vote. Ultimately, I didn't think there would be enough support to reach for further reductions in spending in FY2014. However, rather than just try to make a statement by voting against a budget that in many ways was a good one, I tried to make a longer lasting impact by advocating for a change in policy in how the Council reviews the budget. Currently, the only time the Council meets as a whole and votes on the budget is months after the City staff prepares the budget and just weeks before it goes into effect, not leaving much time for a change in direction with thoughtful deliberation. Going forward, the Mayor and I agreed that he and the staff would seek direction from the Council much earlier in the process - December or January - to delineate some acceptable parameters of the budget. I'm not certain this change will produce the change I'm hoping for, but this agreement seemed like the most productive step to take, and hopefully will have a long-term positive impact.

School Capacity

One of my chief concerns since joining the City Council has been the lack of a provision in the City code that requires the City to consider, during the approval process, the impact of a proposed residential development on the capacity of the schools in the Annapolis feeder system (which includes local schools out of the City, like Hillsmere Elementary). In other words, if there was a hypothetical development that would add 1,000 elementary students to the Annapolis feeder school (to be clear, there is NOT such a development proposed) but otherwise met all other City provisions, the City would approve the project, despite the fact that Annapolis' elementary schools are near or above school capacity. In contrast, the County has an adequate facilities provision (although it sometimes waives it) for schools, which might be a reason that developers seek to have property annexed into the City, from the County, before developing it.

To remedy this situation, I have proposed, along with 2 co-sponsors (Ald. Arnett and Pfeiffer), Ordinance O-19-13 which would require that the City consider the impact of proposed residential developments on Annapolis feeder schools. Rather than making over-capacity at the schools an automatic bar to development like sewer and water capacity, the legislation purposefully leaves the weighing of school capacity as a factor to the experts on the City staff and Planning Commission. That way, the experts on these matters, rather than legislators, could consider how to weigh the estimated impacts on our schools from proposed developments like Crystal Spring, which includes 126 non-age restricted townhouses with an estimated impact of 23 school age children.

At the June 10 City Council session, the Council voted to introduce this legislation for further consideration. However, for this legislation to be introduced into law, it will need the support of 2 more Council members. If you agree that this is necessary legislation, then please consider reaching out to your Mayor and alderperson to let them know how you feel, and encourage others to do the same. If you disagree, then please ignore this bit and read on :).

City Dock Changes

To say I've gotten a few emails about this would be an understatement. As this matter relates to this session (July 8), not much will happen beyond postponing the scheduled public hearing. For those returning from vacation and catching up or otherwise not reading the news lately, in the past 2 weeks:

Ward 1 area groups and citizens formed a "Coalition to Save Annapolis" to challenge Ordinance O-7-13 and Resolution R-49-12 and generally the proposed purchase and redevelopment plan by the Ordan group of the 110 Compromise Street building.
The Save Annapolis group held a large protest, generating reactions from Mayor Cohen, former Mayor Moyer and others.
The development team pulled out of the project, citing as concerns a limit of 32' on the proposed height of the redesigned building rather than the desired 38', and generally the emergence of strong opposition to the project.
Mayor Cohen and Save Annapolis expressed a desire to work collaboratively to achieve a resolution.

Meanwhile, there are a few points worth mentioning:

The property located at 110 Compromise Street is privately held, so to the extent that the owners engage in a private transaction within the confines of existing law, the City is limited in how it could or should effectuate changes to the property. However, to the extent that the owners or purchasers seek changes in zoning or to the neighboring City-owned property, the City has a corresponding duty to consider proposals in terms of what is best for the City, and everything that includes. I think that fairly entails questions about zoning, parking, flood protection, building heights, pedestrian access, and other issues.
I have concerns about the potential loss of parking and the preservation of the Annapolis maritime industry, but I remain open minded to solutions that work for Annapolis.
While the question of the appropriate zoning for this property is open to debate, I'm less concerned with the argument that Ordinance O-7-13 is spot zoning because (1) that is a legal term of art that the City Attorney will advise the Council on if needed and (2) O-7-13 is the product of the City Dock planning process and sector study for City Dock; by definition I don't think it can therefore be spot zoning. The prior alternative rezoning Ordinances requested by the property owners were not similarly the product of a comprehensive plan, so there was a better argument to call those Ordinances spot zoning.

I look forward to being a partner in the collaborative effort to resolve these issues along with interested stakeholders. I remain open-minded to your opinions and look forward to continuing to discuss options.

Crystal Spring

There are many updates with regards to this 110-acre project proposed for Forest Drive from Hilltop Lane to Spa Road.

On June 26, hundreds of individuals came to a meeting to hear opponents view of the Crystal Spring project and concerns about the project's potential impact on the environment and to traffic and schools. The developers counter that the project would create 1,200 permanent jobs, is welcomed by the region's seniors, and includes plans to improve Forest Drive and replant trees.
On June 28, the City's Department of Neighborhood and Environmental Programs (DNEP) provided the developer with substantial comments regarding their Preliminary Forest Conservation Plan (FCP) for Crystal Spring. You can read the entire letter here. I'm impressed by the staff's comments, which are thorough and substantial, and demonstrate a concern about protecting wetlands, achieving a 50% tree canopy (caveat: by 2036), prioritizing retention and protection of on-site resources including a contiguous forest and specimen trees, stormwater management, and more.
On June 30, County Councilman Chris Trumbauer weighed in. He stated: "The simplest question is whether or not I support the current concept plan. The answer is no. In general, I think the scope of the current concept plan is too big and I question its consistency with the City's Comprehensive Plan, which can be found here (see page 29 for detail on the Forest Drive Opportunity Area)." He goes on to state concerns about traffic, schools, and the environment.
You can get more information from alternative viewpoints here and here.

Like city dock issues, this is complicated. I continue to be open minded while the developer finalizes its plans and those plans work their way through review by City staff. Like the point made with city dock, this is private property so the City does not have autonomy to do with the property what it might like to do. However, it does have the authority and duty to balance the potential benefits (jobs, economic growth, desired living quarters by seniors and others) in a smart growth manner to protect, to the extent possible, contiguous forests, wetlands, and other natural features, and to ensure reasonable traffic flow. As noted above, I and others are trying to add school capacity to that list of issues to consider - and seek your support in that effort.

Meanwhile, the Council's Environmental Matters Committee, which I chair, is working on an Ordinance that will improve the Forest Conservation Act (FCA), which might also have an impact on this project. The changes are largely procedural in nature, not substantive, and are in response to the recommendations from the FCA Working Group. The next meeting of that committee is on July 18 at 4:30 PM in council chambers.

For Monday

Below is the abbreviated version of the City Council meeting agenda, primarily the legislative actions before the Council on Monday. For issues up for a vote, I state how I intend to vote, subject to possible persuasion by you and fellow Council members. This is your opportunity to let me know how you feel about these issues, if you think I should keep or change my position, and your reasons.

You can find the entire agenda and the entire legislative packet from here.

As always, I welcome your feedback and questions, and appreciate your help in reaching other Annapolis (Ward 5 residents in particular) by to them. Thank you!

Sincerely,

Jared Littmann

Alderman, Ward 5, Annapolis

Legislative Actions

City Council Session

Monday, July 8, 2013, 7 p.m.

The Annapolis City Council will meet on Monday, July 8, 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).

PETITIONS, REPORTS AND COMMUNICATIONS

Approval of Journal Proceeding Regular Meeting June 10, 2013

Quarterly Update from the Housing Authority of the City of Annapolis

Note: If you are interested in HACA issues, this is an opportunity to hear its perspective and offer, in the "Comments by the General Public" portion of the agenda, your commentary.

Reports by Committees

Comments by the General Public

A person speaking before the City Council with a petition, report or communication shall be limited to not more than three minutes.

PUBLIC HEARING

This is your opportunity to be heard on these topics. For more information, you can readthe entire legislative packet here, or consider attending Council Committee meetings(council calendar is here).

O-7-13 Establishment of a New Zoning District: Waterfront City Dock, Phase One - For the purpose of implementing Phase One of the recommendations of the City Dock Master Plan by establishing a new zoning district - the Waterfront City Dock Zone. (Proposed to be postponed)

R-49-12 2012 City Dock Master Plan - For the purpose of adopting the Draft City Dock Master Plan as an addendum to the 2009 Annapolis Comprehensive Plan. (Proposed to be postponed)

LEGISLATIVE ACTION

ORDINANCES & RESOLUTIONS - 2nd READER

O-47-11 Fence Permits - For the purpose of amending the Code of the City of Annapolis with respect to the issuance of fence permits.

Policy: The proposed ordinance would revise the Annapolis City Code with respect to the issuance of fence permits. Chapter 17.34 of the Annapolis City Code establishes the requirement for a fence permit application fee and permit fee. Chapter 21.60 of the Annapolis City Code establishes supplemental use and development standards for fences. Examples of the proposed, additional supplemental use and development standards for fences in O-47-11 address the ratio of solid fence material to open space, the regulation of barbed wire fences, standards for fences affecting certain view cones, and the standards for Historic Preservation Commission review for fences, walls and gates in the historic district.

Comment from the Ordinance sponsor, Alderman Arnett: "Current code only covers the structural aspects of fence construction in Title 17, governed by the Department of Neighborhood and Environmental Programs. There is no code to cover the design aspects of erecting a fence. This legislation adds code to Title 21 and gives the Department of Planning and Zoning purview over the design elements of fences and walls. These design issues cover the height and opacity of fences. The legislation also adds an appeals process for fencing.

The impetuous for this legislation arose when 2 tall, solid board fences were permitted across the front yards of homes on Bay Ridge Avenue. At that time there were no height restrictions of any sort in code and only structural integrity, not design, was governed by code."

My Comment: No one from Ward 5 has addressed to me any concerns about this legislation, either during public testimony or in private. Pending your comments to the contrary, I plan to vote yes on this legislation.

O-22-13 Heritage Commission - For the purpose of changing the name of the City of Annapolis' Historical Markers Commission to the Heritage Commission in order to better reflect the Commission's duties and responsibilities.

Comment: This Ordinance is a name change only, changing "Historical Markers" to "Heritage" Commission.

Pending your comments to the contrary, I plan to vote yes on this legislation.

R-50-12 Public Information - For the purpose of establishing administrative regulations for filing and processing requests to the City of Annapolis for inspection for access to public records.

Policy: The proposed resolution adopts formal administrative regulations for access to public records at a local level pursuant to the Maryland Public Information Act, which requires the establishment of rules or regulations to allow access to public records by a person or governmental unit. The purpose of such is to insure the security of public records and prevent disruption of official business. This resolution, if adopted, would designate the City of Annapolis Office of Law as the official custodian.

Comment: Although the City has no real choice but to adopt this Resolution, it does seek to balance the need for the public's access to their government's records with the need to protect the ability of said government to function. Pending your comments to the contrary, I plan to vote yes on this legislation.

R-7-13 Wayfinding and Signage Master Plan - For the purpose of adopting the Draft Wayfinding and Signage Master Plan as an addendum to the 2009 Annapolis Comprehensive Plan.

History: The City of Annapolis received a grant from the Baltimore Metropolitan Council to improve its wayfinding and signage for vehicles, pedestrians, and bicyclists. Building on previous efforts, the Wayfinding and Signage Master Plan includes an inventory of existing wayfinding signage, preferred location and content for a comprehensive program of wayfinding signs, and a comprehensive wayfinding analysis that recommends future wayfinding technologies and strategies that will benefit the City.

One of the goals of the 2009 Annapolis Comprehensive Plan was to improve circulation, accessibility, and mobility in the City by focusing on travel demand management. One component of a travel demand management program is marketing materials that inform people about travel choices.

Better wayfinding has long been a key recommendation made by many groups who look at parking and transportation in Annapolis. There have been previous efforts to improve wayfinding in the City; however, this is the first time that there has been a broad perspective that includes many different technologies and a comprehensive framework of analysis.

The proposed wayfinding system will: 1) help the City be flexible in adapting to emerging wayfinding technologies; 2) aid in the creation of a cohesive program of placemaking and wayfinding that identifies gateways, cultural districts, City landmarks, and public services; and 3) influences travel behavior and promotes multi-modal travel options.

The Draft Wayfinding and Signage Master Plan is available online.

Comment: I've been surprised that there hasn't been more attention paid to the proposed wayfinding system because it represents significant improvements and should soothe frustrations, once implemented, for local residents, employees, and visitors traveling through our City. I have not heard, and I do not have, any objections to this plan. I support the administration's and staff's efforts to improve the wayfinding in Annapolis. Pending your comments to the contrary, I plan to vote yes on this legislation.

ORDINANCE AND RESOLUTIONS - 1ST READER

My commentary: On 1st reader, the Council votes to introduce 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-28-13 New Land Use Article References in the City Code - For the purpose of updating the references to the former Article 66B of the Annotated Code of Maryland to the new title of "Land Use Article."

Policy: The proposed ordinance would update the references to the former Article 66B of the Annotated Code of Maryland to the new title of "Land Use Article."

O-29-13 Refillable Container Licenses and Requirements for Resident Licensees - For the purpose of creating a refillable container license; authorizing the Alcoholic Beverage Control Board to issue the license to a holder of certain classes of alcoholic beverages licenses; specifying that a holder of the license may sell draft beer for consumption off the licensed premises in refillable containers; requiring a refillable container to meet certain requirements; requiring an applicant for the license to complete a certain form and pay a certain fee; authorizing residents of Anne Arundel County to serve as resident licensees for licenses issued in the City of Annapolis; requiring the Alcoholic Beverage Control Board to adopt certain regulations.

(Considered in conjunction with . . .)

R-33-13 FY 2014 Fees for Refillable Container Licenses - For the purpose of specifying fees that will be charged for refillable container licenses for on-sale and off-sale privileged alcoholic beverage license holders.

Note: This Ordinance will allow certain establishments with alcohol licenses to fill growlers. A companion bill sets the fee for this.

The Mayor has proposed that the Council suspend the rules requiring a public hearing before voting on the merits of this legislation. In normal instances, these rules serve a valuable role. However, in this case, the City Council already approved a resolution asking the Maryland General Assembly to allow this growler legislation, and no objections were raised during the public hearing on that legislation. The General Assembly passed the legislation, which took effect July 1. Now it is up to the City Council us to pass the City ordinance. There is interest in the City for getting a growler permit, which is already allowed in the County.

This legislation makes one other change. Currently, City liquor licensee must be residents of the City. This legislation changes that requirement to Anne Arundel County. Presently County bar owners find a City resident to "hold" a license. The Citizens Committee for the Review of Alcohol Beverage Laws (CCRABL) recommended that the residency requirement be enlarged to AA County so that the actual owner could be on the license and be held responsible. The bill implements the CCRABL recommendation.

My Comment: As a business owner myself, I understand and appreciate the desire by a City business to be able to offer the same services as similar businesses in the County. I agree with the plan to fast-track this legislation to keep businesses in the City competitive with their County counterparts. Over no objections, I also agree with the change in residency requirement. Pending your comments to the contrary, I plan to vote yes on this legislation.

O-30-13 Issuance of General Obligation Refunding Revenue Bonds- An Ordinance concerning the issuance of not to exceed $25M aggregate principal amount of general obligation refunding revenue bonds (the "Refunding Bonds") of the City of Annapolis (the "City") for the purpose of refunding the City's Special Obligation Bonds (Park Place Project).

Comment: I believe that this bond issuance is contemplated to replace existing bonds, to achieve the benefit of lower interest rates and is not outright new debt.

R-30-13 Vehicular Access to and Internal Roadways within Certain Property adjacent to Aris T. Allen Boulevard - For the purpose of empowering the City of Annapolis to consider, and to potentially allow, vehicular access between Aris T. Allen Boulevard/Maryland 665 and certain adjacent property within the City limits as well as private roadways within said adjacent property.

R-31-13 Designation of Annapolis as a Sustainable Community - For the purpose of supporting the designation of Annapolis as a Sustainable Community, pursuant to the attached Sustainable Community map and Sustainable Community Plan (the "Plan,") as further described in the Sustainable Community Application (the "Application"), for approval either directly by the Department of Housing and Community Development (the "Department") of the State of Maryland or through the Smart Growth Sub-Cabinet of the State of Maryland.

R-32-13 A Committee to Study Implementation of City Dock Plan - For the purpose of establishing a Committee to study all portions of the City Dock Master Plan not included or adopted in Phase One in order to develop recommendations to the City Council as to which remaining portions of the City Dock Master Plan should be adopted or amended and, if amended, how those portions should so be amended.

BUSINESS AND MISCELLANEOUS

1. Budget revisions GT 25, 26, 27 & 28

2. Appointments

a. Annapolis Environmental Commission

b. Board of Appeals

Upcoming City Council Events

Work Session: Thursday, July 18, 2013

1:30 - 4:30 p.m., City Council Chambers

City Council Meeting: Monday, July 22, 2013

7 p.m., City Council Chambers

August - *No Meetings*

(Pursuant to Charter, Article IV, Sec.4.(a))