May 13 2014 Complete Agenda

MAYOR AND CITY COUNCIL

WORK SESSION Tuesday, May 13, 2014 – 1:00 P.M.

A Closed Session is scheduled from 11:00 A.M. – 1:00 P.M. to discuss legal and personnel matters.

AGENDA

1. CALL TO ORDER

2. REPORT ON CLOSED SESSION – Tuesday, May 13, 2014 – 11:00 a.m. – 1:00 p.m.

3. ACKNOWLEDGEMENTS AND RECOGNITIONS

4. COMMENTS FROM THE PUBLIC Any person who may wish to speak on a matter scheduled for discussion on the Work Session Agenda

may be heard during Comments from the Public for a period of three (3) minutes or such time as may be deemed appropriate by the Council President. Anyone wishing to be heard shall state their name,

address and the Agenda item on which he or she wishes to speak.

5. NEW BUSINESS

A. SHA Spring Meeting presented by District Engineer Donnie Drewer and Assistant District Engineer Dallas Baker

B. Discussion of Code Amendments to Chapter 110, Entitled Zoning presented by Planning and Community Development Director

1. Wind Turbines 2. Downtown Design Overlay Zone

C. Discussion of Code Amendments to Chapter 1, General Provisions and Chapter 58, Offenses and Miscellaneous Provisions presented by City Solicitor

1. Include “date of birth” as part of proper identification requirements 2. Add “assisted opening knife” to list of prohibited items

6. ADJOURN

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, MAY 13, 2014

2. Report on Closed Session – May 13, 2014 – 11:00 a.m. – 1:00 p.m. – Legal and Personnel Matters

NOTICE OF CLOSED SESSION OF MAYOR & CITY COUNCIL OF OCEAN CITY

AUTHORITY: State Government Article: Section 10-508(a) Annotated Code of Maryland PURPOSES:

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1. To discuss: (i) the appointment, employment, assignment, promotion, discipline, demotion,

compensation, removal, resignation or performance evaluation of appointees, employees or officials over whom it has jurisdiction; or

(ii) any other personnel matter that affects one or more specific individuals;

2. To protect the privacy or reputation of individuals with respect to a matter that is not related to public business

3. To consider the acquisition of real property for the public purpose and matters directly related thereto;

4. Consider a matter that concerns the proposal for a business or industrial organization to locate, expand or locate in the state;

5. Consider the investment of public funds; 6. Consider the marketing of public securities;

X 7. Consult with counsel to obtain legal advice;

8. Consult with staff, consultants or other individuals about pending or potential litigations;

9. Conduct collective bargaining negotiations or consider matters that relate to the negotiations;

10. Discuss public security if the public body determines that public discussion would constitute a risk to the public or public security, including;

a) the deployment of fire and police services and staff; and b) the development and implementation of emergency plans 11. Prepare, administer or grade a scholastic, licensing or qualifying examination;

12. Conduct or discuss an investigative proceeding on actual or possible criminal conduct;

13. Comply with a specific constitutional, statutory or judicially imposed

requirement that prevents public disclosures about a particular proceeding or matter; or

14. Before a contract is awarded or bids are opened, discuss a matter directly related to a negotiation strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process

DATE AND TIME: Tuesday, May 13, 2014 11:00 a.m. PLACE: City Hall SUBJECT: Legal and Personnel Matters VOTE: UNANIMOUS OTHER: FOR: AGAINST:

ABSTAIN: ABSENT:

REPORT OF CLOSED SESSION OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY

Prior to this open session of the Mayor and City Council being held on Tuesday, May 13,

2014, a closed session was held on Tuesday, May 13, 2014 at 11:00 a.m. The following is

a report of the closed session.

1. A statement of the time, place, and purpose of the closed session is attached.

2. A record of the vote of each member as to closing the session is attached.

3. A citation of the authority under the law for closing the session is attached.

4. (a) Topics of Discussion: Legal and Personnel Matters

(b) Persons present:

Mayor Richard Meehan City Manager David Recor Council President Lloyd Martin Council Secretary Mary Knight Council Members Doug Cymek; Margaret Pillas; Brent Ashley; Dennis Dare and

Joe Mitrecic City Solicitor Guy Ayres Planning & Community Development Director Matt Margotta Police Chief Ross Buzzuro Lt. Mark Pacini Executive Office Associate Diana Chavis Action(s) taken:

Motion to close meeting:

Time adjourned:


4. COMMENTS FROM THE PUBLIC

Any person who may wish to speak on a matter scheduled for discussion on the Work

Session Agenda may be heard during Comments from the Public for a period of three (3) minutes or such time as may be deemed appropriate by the Council President. Anyone wishing to be heard shall state their name, address and the subject on which he or she wishes to speak.


5. NEW BUSINESS

A. SHA Spring Meeting presented by District Engineer Donnie Drewer and Assistant District Engineer Dallas Baker

TOWN OF

The White Marlin Capital of the World

TO: The Honorable Mayor, Council President and Members of Council FROM: David L. Recor, ICMA-CM, City Manager RE: Maryland State Highway Administration – Spring Meeting DATE: May 6, 2014

ISSUE(S): Bi-annual meeting with the Maryland State Highway Administration (SHA)

SUMMARY: SHA District Engineer Donnie Drewer and Assistant District

Engineer Dallas Baker will discuss pedestrian safety efforts, Rt. 90, Rt. 50 Bridge and various Rt. 50 and Coastal Highway projects.

FISCAL IMPACT: Not applicable RECOMMENDATION: Refer to Mayor and Council ALTERNATIVES: Not applicable RESPONSIBLE STAFF: Not applicable COORDINATED WITH: Hal Adkins, Public Works Director

Terence McGean, City Engineer Donnie Drewer, SHA District Engineer Dallas Baker, Assistant District Engineer

ATTACHMENT(S): Agenda

Agenda Item # 5A

Council Meeting May 13, 2014

SHA Spring Meeting Agenda Mayor and Council Work Session May 13, 2014

1. Update on Pedestrian Safety Projects:

a. Signal at 54th Street b. Median modifications for closure of non-signalized pedestrian depressions c. Bump-outs on Baltimore Ave. d. Median modifications for added landscape/fence barrier e. Road diet f. What steps would be necessary for SHA to consider conversion of the entire Coastal

Highway median by: Removal of the brick pavers Installation of lighting conduit foundations, and LED lighting Creation of elevated curbed planters (similar to 9th – 14th Street) Reinstallation of pavers only on the perimeters No reconstruction of the current curbing

2. Rt. 90 Dualization, letter from Mayor to County, request for inclusion in Consolidated Transportation Program plan.

3. Status of sidewalk widths after DPL pole replacement project.

4. Update on Walmart “temporary” signal.

5. Project schedule for dual left turn at Seahawk & 50.

6. Status of Rt. 50 milling/paving: Herring Creek west to MD 818.

7. Are there any further developments in the planned West Ocean City pedestrian enhancements (sidewalks, pedestrian study @ Rt. 50/Elm Street)?

8. Cost for street lighting on Coastal Highway. Why is this the City’s responsibility and not State Highway?

9. Problem with traffic signal lights becoming unreadable during snow events.

10. Did MDOT/SHA receive a request for an additional signalized pedestrian crossing at 101st Street? Status?

11. Rt. 50 Bridge: Has any consideration been given to reducing the overall quantity of fence openings

on the Rt. 50 Bridge? Have the two LED Lights that were not functioning been corrected? If not, when? Would it be feasible to paint the drawbridge walkways and side rails (the sections that

are visible to motorists)? Would it be feasible to repaint the horizontal panels on the concrete walls that were

painted a red tone years ago?

12. What is the “permitted” status of the new gas main, and temporary patched road cuts, from 94th Street South to 66th Street?


5. NEW BUSINESS


1) Wind Turbines

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Kay Stroud, Zoning Analyst RE: Code Amendment to Article V, Section 110-883 Small Wind Energy Systems DATE: April 24, 2014 ISSUE(S): Consideration to amend Article V, Code Section 110-883 – Small

Wind Energy Systems. SUMMARY: The Planning & Zoning Commission held a public hearing on

Tuesday, April 15, 2014, to consider staff recommendations regarding small wind energy systems. The Commission favorably presents this code amendment as enabling legislation to allow applicants with open waterfront property to locate a turbine closer to the shoreline provided they obtain approval from appropriate regulatory agencies. The current code does not address the placement of turbines on open waterfront property.

FISCAL IMPACT: None RECOMMENDATION: Amend Article V, Code Section 110-883(b)(2). ALTERNATIVES: Further amendments or denial of request. RESPONSIBLE STAFF: R. Blaine Smith, Assistant Director, Planning & Zoning

Kay Stroud, Zoning Analyst COORDINATED WITH: Matthew G. Margotta, AICP, Director, Planning & Community

Development ATTACHMENT(S): 1) Recommendation

2) Transcript 3) Draft Ordinance

Agenda Item # 5B(1)


RECOMMENDATION TO MAYOR AND CITY COUNCIL

TO AMEND CHAPTER 110 ARTICLE V CODE SECTION 110-883

SMALL WIND ENERGY SYSTEMS

File PZ #14-14100002

* * * * * * * * * * * * * * * * * *

On Tuesday, April 15, 2014, the Planning Commission conducted a public hearing to consider amending by adding the language highlighted below to Code Section 110-883, Small Wind Energy Systems: (b) (2) Minimum yard requirement: (Setback). The base of the tower shall be set back from all adjacent property lines, public rights-of-way, and public utility lines a distance equal to 1.1 times the total height. A turbine may be located closer to a property line if the abutting property owner grants appropriate easements. Properties located on open waterfront may locate a turbine closer to the shoreline provided they obtain approval from appropriate regulatory agencies. Notwithstanding the provisions of section 110-95 of this zoning code, a variance to the setback from adjacent property lines may not be granted by the board of zoning appeals.

The Planning Commission initiated this amendment. The members reviewed the current ordinance and listened to testimony from Zoning Administrator Blaine Smith as to how prior Conditional Use applicant Jim Motsko had all the approvals from MDE, but could not obtain an easement over open water from that agency. Administrator Smith explained that changing this language does not change the process of Conditional Use, but acts as enabling legislation to allow applicants with open waterfront property to go through the process.

Mr. Motsko testified that by current regulation, he is allowed a tower of no more

than 33’ in height. When installing a wind turbine system, having a taller tower than 33’ is more cost-effective and efficient. Also, a taller tower keeps the turbine out of line of sight for neighbors so that the bay vista is less interrupted.

At the conclusion of the meeting, the Commission voted unanimously (5-0) to

forward the recommendation to the Mayor and City Council for consideration. For your information, the transcript of the public hearing is also included. /ks

PLANNING AND ZONING COMMISSION April 15, 2014

PRESENT IN ATTENDANCE John Staley Blaine Smith Palmer Gillis Kay Stroud Peck Miller Will Esham Lauren Taylor Joel Brous This meeting of the Planning and Zoning Commission was held on Tuesday, April 15, 2014, in the City Hall Council Chambers located on Baltimore Avenue and 3rd Street, Ocean City, Maryland. John Staley, Commission Secretary/Vice-Chairperson, called the public hearing to order. STALEY: It’s 7 o’clock, we can go. Public Hearing. To consider amending Code Section 110-883 Small Wind Energy Systems (b) (2) minimum yard requirement setback: The base of the tower shall be set back from all adjacent property lines, public rights-of-way, and public utility lines, at a distance equal to one.one times of the total height. The turbine may be located closer to a property line if the abutting property owner grants appropriate easements. Properties located on open waterfront may locate a turbine closer to the shoreline provided they obtain approval from appropriate regulatory agencies, notwithstanding, the provisions of Section 110-95 of this zoning code, a variance to the setback from adjacent property lines, may not be granted by the Board of Zoning Appeals. The applicant is the Planning and Zoning Commission, File 14- 14100002, and before we do this have to read this…(omitted unnecessary portions of that page read mistakenly). “Prior to each hearing, the chairman shall read the following statement: Any person in attendance may object to a Commission member taking part in this public hearing due to a conflict of interest. The Chairman shall decide by a majority vote whether the challenged person may take part.” Is there anyone challenging anyone here at the Commission? Seeing none, okay. (Again omitting portions not necessary to transcript). Call to order this hearing. Blaine? ESHAM: Under the penalties of perjury, do you hereby swear to tell the whole truth and nothing but the truth? SMITH: I do. This request was advertised in the Ocean City Digest on March 27th and October 3rd (meaning April 3rd) stating the time, date, place, and purpose of this meeting. And because it was not site specific, there was no posting of property specifically. It was just public notice, we put it on our website and other types of notice, but it ran in the newspaper giving notice that this particular hearing was taking place for this particular code amendment. To give a little bit of history, a few years ago, Mr. Jim Motsko came to the Planning Commission wanting to put a turbine and he shared his interest with the Planning Commission. At that time, the Planning Commission made a motion and second to initiate the code change to allow wind turbines in Ocean City and pretty much all zoning districts. Some of those districts, it would’ve been a special exception or conditional use or permitted by right under certain criteria. When your recommendation got to the Mayor and Council, it was determined by them that it would be a conditional use application so that there would be a public hearing and to safeguard neighboring

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properties. So they didn’t allow it by right or allow it to go through the Board of Zoning Appeals, it was done through Conditional Use, so they would stay part of the process and the final decision maker as they were put in place. And I recall, at the public hearing, discussion took place about the setbacks on waterfront properties. And it was determined that they would have to meet the same setback as though it was an adjoining property unless you could get a prescriptive easement from that adjacent property owner, and that is still in the Code that you could get a prescriptive easement from the adjacent property owner. But when Mr. Motsko approached the MD Department of the Environment who are the trustees of the water, the regulators of the water area, they were okay with it being done, but they could not grant an easement, per se. I don’t know if that would’ve been an act of Congress or what, but they didn’t the position where they can grant easements over the water. There are riparian rights over water, and there are rights to those adjacent properties within those riparian areas, but that didn’t qualify, as we determined, as a prescriptive easement. So then, we reappeared to this Commission and got a consensus from you all that if we changed the language, properties adjacent to water could be done by approval of the appropriate agency, not as a prescriptive easement, per se. And that’s why this new language is in here, because they’ve already received an authorization, if you will, but not an easement per se, so it didn’t qualify with the original language of the code, and we’re here tonight to change the language in this manner so it’s not a prescriptive easement, but just an approval from appropriate regulatory agency, just as if you were to go get a pier over water, you get approval from the regulatory agency, which could be MDE, DNR, Core of Engineers, and the Board of Port Wardens, they are the regulatory agencies when you have structures over water. The interesting part about this is, the wind turbine would not be over the water, but the point was about the prescriptive easement, if it were to fall, because of its height, it may fall in the water. So the Mayor and Council felt they should be a party to it if you will. So if they would give a prescriptive easement, just as an adjacent property might give a prescriptive easement, or give approval rather, in this case, then we’ve met our test to protect adjacent properties, if they do sign off on it, and I believe that’s the intent of this. I would go one step further and say because of the Critical Area Criteria, regardless of the approval and/or easement in the case of adjacent property, you still have to meet the minimum setback from the lot line or bulkhead to the base of the tower, which in Mr. Motsko’s case is just a 10’ setback, he could build a building literally within 10’ of the shoreline, and that was discussed at the Mayor and Council level when the concern came up about interrupting the vista along bayfront properties; that buildings themselves can be as close as 10’, and they can be as much as 50’ high and his tower was going to be that or less, so comparatively speaking, it wasn’t any more invasive on that easement than others. I think knowing he could meet all the tests but one, and that was to get an easement from the MDE, he couldn’t obtain that, so he got all the way through the process except for the easement with the state. He has the approval, or the authorization from them to go forward, they have no concern, but to meet our ordinance we have to modify it to get rid of the word easement. And that’s the point of this code amendment to existing regulation. It’s still a Conditional Use, it still has to go through the process, the only difference is how the regulatory agency will view it. TAYLOR: I remember from the original legislation that it, for some reason, if it’s abandoned it has to be removed within a certain time… SMITH: Yes, there’s a lot of language to that effect, how it’s kept, maintained, painted…

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TAYLOR: Right. SMITH: …noise levels, all those things. And the other thing is, with this new language, he still has to go through the Conditional Use process, and neighboring properties will still have their opportunity if there’s something adverse to the point where it should not be, so it’s not a given, but it’s enabling legislation, if you will. To make it so he can meet the test. TAYLOR: I have to admire Mr. Motsko’s stamina. STALEY: Persistence… TAYLOR: Persistence, right! How many years since you came in with what you thought was a simple request? SMITH: If I could lay… MOTSKO: It just makes sense to do this, it’s common sense. TAYLOR: Right. SMITH: Well, the other thing, and it’s only coincidental, but again, we’re not talking about site specific, this is for all waterfront properties. If you were to look at his survey plat, he meets the radius on the uplands part, except where his bulkhead is on an angle, and it’s in front of his own property only, it’s amazing! But that’s the way it is, it’s over their jurisdiction, and we need to change the language. MILLER: We all agreed to this some time ago. TAYLOR: Yeah, we have to close the hearing and deliberate. STALEY: Yeah. SMITH: Yeah, this came from our earlier work session. MILLER: Oh, okay. TAYLOR: So, I move we close the hearing. STALEY: Can we do that? We’ve got to go all the way through the whole thing. SMITH: Yeah, yeah. STALEY: That’s what I thought. Okay, Blaine are you? SMITH: That’s it. STALEY: Alright, the applicant’s presentation. Jimmy? You making a presentation? I guess you are.

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MOTSKO: Well, I didn’t, I’m not really planning on it, but I just want to mention a few things. Thank you for your time, first of all. The, I have the ability to put a smaller turbine up, a 33’ pole. And all’s I’m asking is to have a taller pole so it will be much more cost-effective and efficient. The degree of, it’s like a, the higher it goes, the so much more effective it becomes. And I can comply and stay within that setbacks with the 33’ one. I’m asking for the other, the height, in case it falls into the water, because it, it makes much more common sense and it captures more wind if your elevation is a little bit higher, that’s all. MILLER: Is he allowed to go that extra height? SMITH & MOTSKO: Yeah. MILLER: Then that’s good news. TAYLOR: It actually gets it farther away from the neighbors. SMITH: It does two things, as Lauren is saying. Because he’s going up, it gets it out of their vista, the turbine itself, and all they see is the pole because of the profile of their house, so it does that and I think, he moves it, because if he did the 33’ it’s brought back almost in line with the neighbor. So it does have a better appli-, in this particular case. This language, and again, he has to file for his Conditional Use, and that would be weighed with the testimony as to the appropriateness of it at that location. So, he’ll be able to testify that that’s the benefit of having this, and it becomes more permissive when he makes the Conditional Use unless somebody has other adverse effect that we don’t now know about. BROUS: How high is the proposal, and I know it doesn’t, but in this case I’m curious as to how high is it. SMITH: It’s like 40- MOTSKO: It would be under the 50’ limit. SMITH: It’s like 45. Yeah, yeah. But the extra height does make it better in its application. BROUS: I see, okay. GILLIS: It doesn’t interfere in any way with any of the flights from Patuxent Air Base? COMMISSION: (laughter) MILLER: Wallops. STALEY: The flight of the birds. BROUS: Sea gulls. GILLIS: Well, it’s Patuxent is the one that did the one in Princess Anne.

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SMITH: Let me ask you a minute. Monty Lewis, how tall is his, do you know? MOTSKO: 33 I think, 33’. SMITH: Yeah, he’s more or less across the bay. Because we’ve got a few of them – there’s one at South Point, there’s Monty Lewis that’s in Keyser Point on the very end on the, so it’s almost like right over the bay, if you will; and I don’t know that there’s been issues, you know, that I’ve seen or heard of. David Quillen has the one at South Point, and you know, it’s right there to his home and stuff, it seems like they work. STALEY: All right. Is anyone in favor of the application? Seeing none. Testimony – opponents testimony – there is none. Questions and answers by the staff. MILLER: No questions. STALEY: No questions. Jimmy, do you have any questions? Then we can have a motion to adjourn the hearing. TAYLOR: So moved. GILLIS: I’ll second it. STALEY: (gavel) Hearing’s done. Are you ready to vote? COMMISSIONERS IN UNISON: Yes. STALEY: Okay, Lauren? TAYLOR: I recommend that we can amend code section 110-8833 with the… STALEY: 110-325? TAYLOR: No, it’s Code Section 8-, I don’t even know… ESHAM: 110-883 isn’t it? TAYLOR: 883, right. To reflect change in language properties located on open waterfront may locate a turbine closer to the shoreline provided they permission from appropriate regulatory agencies. STALEY: Alright, second? MILLER: Second. STALEY: Any other questions? All in favor? COMMISSIONERS IN UNISON: Aye. STALEY: Opposed? Alright Blaine.

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SMITH: Just a little bit of trivia. When a turbine was approved at 15th Street and Boardwalk, and it was a roof-mounted turbine. Three of them actually. And we’ve had no negative feedback since they’ve been installed and put in operation. TAYLOR: Are they in operation? MILLER: Have you seen the design? SMITH: Yeah. TAYLOR: Last time I knew they were not actually operational. SMITH: Yeah, they’ve operated and they’re very neutral, I mean unless you know they’re up there you don’t normally look for them, or you walk down the Boardwalk, you don’t, and I’ve seen them spinning, and you don’t hear them. TAYLOR: They’re spinning but they’re not connected. SMITH: Now that may be, I don’t know if they’re actually functioning. TAYLOR: There was some regulatory hiccup which she was working on, and I don’t know, that was last month like maybe or something, but they were just free-spinning. SMITH: But to say that much, I’ve had at least three other inquiries, some of which are roof-mount, and another one is a mono-pole. So there is interest out there that this is something, you know, with energy conservation or you know, things like that. We are seeing more solar and wind power being looked at. MILLER: I can say from a design standpoint, the one at 15th Street, it’s attractive. It’s a… TAYLOR: It’s the house next to Harrison Hall. SMITH: Right between Harrison Hall and the Commander. MILLER: But it’s really, it’s a nice looking design to put on any house, it looks like it’s part of the roof. TAYLOR: And the poor guy installing it, he rented the crane and did the whole thing, the OSHA guy came back and decided that the guy on the roof didn’t have enough harness. GILLIS: Fall protection? TAYLOR: And stopped the whole thing, so they had to bring the crane and the lift back another day and… STALEY: Okay, I have a motion to adjourn? BROUS: That’s me. STALEY: All in favor?

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COMMISSIONERS: Aye. STALEY: (gavel) Respectfully submitted by Karen (Kay) Stroud Zoning Analyst April 21, 2014

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First Reading _______________________ Second Reading _____________________

ORDINANCE 2014-

AN ORDINANCE TO AMEND CHAPTER 110, ENTITLED ZONING, OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND

NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AND CITY COUNCIL OF OCEAN CITY THAT CHAPTER 110, ENTITLED ZONING, OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND BE, AND IT IS HEREBY, AMENDED TO ADD LANGUAGE TO SUBSECTION 110-883 SMALL WIND ENERGY SYSTEMS, AS FOLLOWS:

Sec. 110-883. Small wind energy systems. . . .

(b) (2) Minimum yard requirement: (Setback). The base of the tower shall be set back from all adjacent property lines, public rights-of-way, and public utility lines a distance equal to 1.1 times the total height. A turbine may be located closer to a property line if the abutting property owner grants appropriate easements. Properties located on open waterfront may locate a turbine closer to the shoreline provided they obtain approval from appropriate regulatory agencies. Notwithstanding the provisions of section 110-95 of this zoning code, a variance to the setback from adjacent property lines may not be granted by the board of zoning appeals.

INTRODUCED at a meeting of the City Council of Ocean City, Maryland held on

May 5, 2014. ADOPTED AND PASSED by the required vote of the elected membership of the City Council and approved by the Mayor at its meeting held on ____________________, 2014.

ATTEST: _____________________________ _________________________________ KELLY L. ALLMOND, Clerk RICHARD W. MEEHAN, Mayor Approved as to Form: _________________________________ LLOYD MARTIN, President _____________________________ __________________________________ GUY R. AYRES, III, Solicitor MARY P. KNIGHT, Secretary


5. NEW BUSINESS


2) Downtown Design Overlay Zone

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Kay Stroud, Zoning Analyst RE: Code Amendments to Chapter 110, Article IV, Divisions 23-25, Downtown Design

Overlay Zone and Underlying Zoning Districts DATE: May 6, 2014 ISSUE(S): Consideration of code amendments pertaining to the Downtown

Design Overlay Zone and Underlying Zoning Districts. SUMMARY: The Planning & Zoning Commission held a public hearing on

Tuesday, April 1, 2014 to consider staff and Ocean City Development Corporation code amendment recommendations. The Commission favorably presents these code amendments, as highlighted on the attached Recommendation.

FISCAL IMPACT: None RECOMMENDATION: Amend sections of Zoning Code as recommended. ALTERNATIVES: Further amend or denial of request. RESPONSIBLE STAFF: R. Blaine Smith, Assistant Director, Planning & Zoning

Kay Stroud, Zoning Analyst COORDINATED WITH: Matthew G. Margotta, AICP, Director, Planning & Community

Development ATTACHMENT(S): 1) Recommendation

2) Minutes of April 1, 2014 Public Hearing

Agenda Item # 5B(2)


RECOMMENDATION TO MAYOR AND CITY COUNCIL

TO AMEND CHAPTER 110 ARTICLE IV CODE SECTIONS 110-831.1 – 831.27(e)(2) e.(ii); 110-831.28; Sections 110-482; 110-484; 110-485; 110-487; Sections 110-662; 110-663; 110-665; 110-667; Sections 110-692; 110-695; 110-697; Section 110-847;

110-861.1; 110-861.2; 110-861.4; and 110-861.6

DOWNTOWN DESIGN OVERLAY ZONE DISTRICT and UNDERLYING ZONING DISTRICTS

File PZ #14-14100001

* * * * * * * * * * * * * * * * * *

On Tuesday, April 1, 2014, the Planning Commission conducted a public hearing to consider amending by adding the language highlighted below and removing the language with strike outs below to Code Sections 110-831.1 – 831.27(e)(2) e.(ii); 110-831.28; Sections 110-482; 110-484; 110-485; 110-487; Sections 110-662; 110-663; 110-665; 110-667; Sections 110-692; 110-695; 110-697; Section 110-847; Sections 110-861.1; 110-861.2; 110-861.4; and 110-861.6

Downtown Design Overlay Zone District and Underlying Zoning Districts Amend DIVISION 23. DOWNTOWN DESIGN OVERLAY ZONE DISTRICT Section 110-831.1. Purpose and intent.

(a) The purpose of the Downtown Design Overlay Zone is to implement the “Downtown Design Guidelines” manual as prepared by the Ocean City Development Corporation (OCDC) and the Department of Planning (Department) and adopted by the Mayor and City Council on November 18, 2002.

(d) The intent of “Downtown Design Guidelines” and the Downtown Design Overlay Zone is for Ocean City to have:

(13) Promote a centralized solid waste collection program. (14) Promote a master plan for drainage. Amend section 110-831.2. General provisions. (d) The Downtown Design Overlay Zone applies to all property and buildings in the underlying zoning districts except the easterly facades of buildings facing the boardwalk (Atlantic Avenue) and the 25 feet west of the Boardwalk frontage along each street end; and buildings located east of the boardwalk. (e) If a development project is unable to meet all of the requirements and suggestions in “Downtown Design Guidelines,” the Department/OCDC shall work with the property owner or developer to assure the project meets the overall objectives to the extent possible.

(h) Plans for development and redevelopment in the underlying zones shall be

reviewed by the OCDC for conformance with “Downtown Design Guidelines.” Amend section 110-831.9. Materials and textures.

(a) (4) Wood, fiber cement, or other composite materials, as may be approved by the Department and OCDC.

Amend section 110-831.11. Porches. (9) Cantilever balconies are discouraged. Cantilever balconies when considered shall be visually supported by columns or brackets. Other porch designs are subject to approval. Amend section 110-831.14. Awnings. (8) Awnings shall not be back-lit. Awnings are allowed light penetration through the valance via translucent vinyl on the main side facing the street. The awning can have internal lighting to light the copy panel and offer down lighting for the storefront. Amend section 110-831.15. Colors. (c) Trim and Detail colors should provide contrasting accent. (g) All other color concepts are subject to approval. A recommended palette of colors for design standards area that follows the Sherwin Williams color palette for Colonial and Arts & Crafts or equivalent selections and solid white color. Other colors subject to review. Trim shall be white. Amend section 110-831.17. Roofs. ( c ) Roofs shall should be gabled or hipped. Parapets and possibly flat roofs under certain conditions may be considered by OCDC. This requirement shall not apply to porches and other appurtenances. ( l ) Flat roofs in new development are prohibited. Amend section 119-831.22. Off street parking. Off street parking requirements and standards are defined in the underlying district regulations. See section 110-831.28. Development Incentives for parking modifications. Amend section 110-831.24. Fencing and screening.

(1) Fences shall be made of wood, metal, or synthetic material as approved by the Department and OCDC.

Amend section 110-831.26. Landscaping. (a) Landscape is an important feature to define, unify and enhance development. In addition to the requirements of chapter 98, article II, Landscaping, chapter 30, section 30-553. Intensely developed areas the following principles apply.

Amend section 110-831.27. Signs. ( c ) General provisions.

(2) A sign may be illuminated, unless otherwise prohibited, if illumination is confined to the surface of the sign. The sign and illumination shall be located and arranged to avoid excessive glare or reflection onto any public street or sidewalk, into the path of oncoming vehicles, or onto any adjacent property.

(e ) Permitted signs.

(1) i. One. A-frame sign per business not to exceed 8 square feet in size and 4 feet in height from grade, on private property (except for City approved in public right-of-way), and may only be out during business hours. A-frame signs maybe doublesided.

j.Temporary banners for City permitted special events permitted 2 days before the event and removed within 2 days after the event. A maximum of 2 banners allowed along the building’streetside on the face of the building. Each banner may be up to 12 square feet in size.

(2)

e. ( ii ) Projecting signs – One projecting sign per business, no larger than 14 square feet. Buildings on corner lots may have one projecting sign facing each street. No such sign may project more than three feet four feet from any wall. Projecting signs must be a minimum of eight feet above grade, and the maximum height of any projecting sign may not exceed the height of the building to which it is attached or 15 feet 20 feet above grade, whichever is lower.The Mayor and City Council may approve signs that project over or into public way as regulated by section 66-14 of the Code, after input by the Ocean City Development Corporation OCDC.

f. Window signs, which do not cumulatively exceed 25 percent of the area aggregate glazed area of the window on which they are placed on the first floor and ten 10 percent on all floors above the first floor.

Amend section 110-831.28. Development incentives.

(2) Benefits of incentives program.

a. Parking:

3. To promote first floor commercial uses in appropriately zoned districts, a project will be permitted to satisfy 50 percent of its commercial parking requirements with reduced parking space sizes. Minimum parking space size shall be 18’ 8’ x 18’. Such commercial uses must be permitted in the

district exclusive of residential uses including single family, multiple family, two family, hotel and motel units, cover a minimum of 75 percent of the frontage of a property, and be accessible to the general public.

c. A project that provides a pitched roof (no greater than nine feet by 12 feet 9/12 pitch) and dormers may use 50 percent of its upper floor area for residential and commercial uses, notwithstanding the definition of building height in section 110-2 of the zoning code, unless otherwise prohibited by the building code. Dormers must be of traditional style and must appear to be part of a functioning interior.

Amend DIVISION 9. DM DOWNTOWN MARINE DISTRICT Section 110-482. Permitted uses. (4) Commercial parking lots and parking garages (3/4 ton max.)

(5) Detached single family dwellings and townhouses. (18) Art shops and galleries. (19) Bakeries, retail only. (20) Bicycle sales, rentals, repairs and service. (Indoor and Outdoor) (21) Camera and photographic supply stores. (22) Candy shops. (23) Catering services. (24) Clothing, clothing accessory, wearing apparel stores. (25) Convenience/carryout food store. (26) Delicatessen business. (27) Food and beverage stores. (28) Gift shops. (29) Hardware stores. (30) Laundromats, self service only. (31) Offices including business, professional, medical and dental. (32) Optical sales and services. (33) Physical therapy, health services and fitness centers. (34) Shoe sales and repair. (35) Sporting goods stores. (36) Studios for artists, photographers, teachers, sculptors and musicians. (37) Tobacco shops. (38) Travel agencies. Amend section 110-484. Uses permitted by conditional use.

(5) Nightclubs in hotels and motels with more than 50 units.

Amend section 110-485. Permitted accessory uses.

(1) Art shops and galleries. (2) Bakeries, retail only. (3) Bicycle sales, rentals, repairs and service. (4) Camera and photographic supply stores. (5) Candy shops. (6) Catering services. (7) Clothing, clothing accessory, wearing apparel stores. (8) Convenience/carryout food store. (10) Delicatessen business. (14) Food and beverage stores. (15) Gift shops. (16) Hardware stores. (18) Laundromats, self service only. (19) Nightclubs in hotels and motels with more than 50 units. (20) Offices including business, professional, medical and dental. (21) Optical sales and services. (22) Public and private parking garages. (24) Physical therapy, health services and fitness centers. (25) Shoe sales and repair. (26) Sporting goods stores. (27) Studios for artists, photographers, teachers, sculptors and musicians. (29) Tobacco shops. (30) Travel agencies.

Amend section 110-487. Off-street parking spaces. Signs shall be permitted and maintained in accordance with the provisions contained in section 110-831.27. Off-street parking spaces shall be provided in accordance with the provisions contained in article V, division 3 of this chapter unless otherwise modified in district regulations. Amend DIVISION 15. DMX DOWNTOWN MIXED USE DISTRICT Section 110-662. Permitted uses.

(22) Detached single family, townhouses and two family residential dwellings units. (38) Multiple family and townhouses residential dwelling units. (56) Two family residential dwellings units. Amend section 110-663. Uses permitted by special exception.

(1) Outside arts, crafts and entertainment activities, incidental to the primary use of the premises, within the front yard setback.

(3) Entertainment: indoor and outdoor. Amend section 110-665. Permitted accessory uses.

(6) Nightclubs in hotels and motels with more than 50 units.

Amend section 110-667. Off-street parking spaces. Off-street parking spaces shall be provided in accordance with the provisions contained in article V, division 3 of this chapter unless otherwise modified in district regulations. Amend DIVISION 16. M MANUFACTURING DISTRICT Section 110-692. Permitted uses.

(6) Detached single family and two family dwellings and townhouses. (14) Multiple family residential/townhouse dwelling units. (20) Art shops and galleries. (21) Bakeries, retail only. (22) Bicycle sales, rentals, repairs and service. (23) Camera and photographic supply stores. (24) Candy shops. (25) Clothing, clothing accessory, wearing apparel stores. (26) Convenience/carryout food store. (27) Delicatessen business. (28) Food and beverage stores. (29) Gift shops. (30) Hardware stores. (31) Laundromats, self service only. (32) Offices including business, professional, medical and dental. (33) Optical sales and services. (34) Physical therapy, health services and fitness centers. (35) Shoe sales and repair. (36) Sporting goods stores. (37) Studios for artists, photographers, teachers, sculptors and musicians. (38) Tobacco shops. (39) Travel agencies.

Amend section 110-695. Permitted accessory uses. (1) Art shops and galleries.

(2) Bakeries, retail only. (3) Bicycle sales, rentals, repairs and service. (4) Camera and photographic supply stores. (5) Candy shops. (6) Clothing, clothing accessory, wearing apparel stores. (7) Convenience/carryout food store. (9) Delicatessen business. (10) Entertainment; indoor and outdoor. (13) Food and beverage stores. (14) Gift shops. (15) Hardware stores. (17) Laundromats, self service only.

(18) Nightclubs in hotels and motels with more than 50 units. (19) Offices including business, professional, medical and dental. (20) Optical sales and services. (21) Public and private parking garages. (23) Physical therapy, health services and fitness centers. (24) Shoe sales and repair. (25) Sporting goods stores. (26) Studios for artists, photographers, teachers, sculptors and musicians. (28) Tobacco shops. (29) Travel agencies.

Amend section 110-697. Off-street parking spaces. Off-street parking spaces shall be provided in accordance with the provisions contained in article V, division 3, of this chapter unless otherwise modified in district regulations. Amend DIVISION 24. DR DOWNTOWN RESIDENTIAL DISTRICT Section 110-847. Off-street parking spaces. Off-street parking spaces shall be provided in accordance with the provisions contained in article V, division 3 of this chapter unless otherwise modified in district regulations. Amend DIVISION 25. I-1 INLET DISTRICT Section 110-861.1. Permitted uses.

(16) Commercial parking lots and garages (3/4 ton max.) (19) Detached single family dwellings and two family dwellings townhouses. (21) Employee housing on site. (45) Convenience/carryout food store. (46) Food and beverage stores. (47) Offices including business, professional, medical and dental. (48) Optical sales and services. (49) Physical therapy, health services and fitness centers. (50) Studios for artists, photographers, teachers, sculptors and musicians. Amend section 110-861.2. Uses permitted by special exception.

(6)Outdoor display of merchandise as specified in section 110-94(6) Amend section 110-861.4. Permitted accessory uses. (2) Convenience/carryout food store. (7) Food and beverage stores. (9) Nightclubs in hotels and motels with more than 50 units. (10) Offices including business, professional, medical and dental.

(11) Optical sales and services. (12) Public and private parking garages. (14) Physical therapy, health services and fitness centers. (15) Studios for artists, photographers, teachers, sculptors and musicians.

(18) Employee housing on-site.

Amend section 110-861.6. Off-street parking spaces. Off-street parking spaces shall be provided in accordance with the provisions contained in article V, division 3 of this chapter unless otherwise modified in district regulations.

PLANNING AND ZONING COMMISSON MINUTES

APRIL 1, 2014

ATTENDEES: Members Staff

Pam Buckley Blaine Smith John Staley Kay Stroud

Lauren Taylor Will Esham Joel Brous Matt Margotta Chris Shanahan Robert Nelson

Peck Miller Palmer Gillis CALL TO ORDER – 6:30 PM I. APPROVAL OF MINUTES: Minutes of February 4, 2014 approved unanimously, Lauren Taylor made motion, Peck Miller seconded (7-0). II. SITE PLAN: 1) Site Plan extension for temporary commercial parking lot located at 2204 Philadelphia Avenue (expired on March 2, 2014) APPLICANT: JACQUELINE DEGROFT (ORIGINAL FILE #12-18100001) Blaine Smith, Administrator, presented the site plan for renewal for two years with same conditions as the past approval. MOTION/Taylor SECONDED/Shanahan (7-0) Motion to approve the 2-year extension as presented. 2) Site Plan extension for a 2,596 square foot addition to the Sunsations store at 9219 Coastal Highway, Unit 10, part of the Decaba Condominium Plat with associated parking to be located on the parcel of land formerly known as 9305 Coastal Highway. The site is described as Lots 11-17 and 20-26, Block L of the Oceanbay City Plat, further described as located on the west side of Coastal Highway between 92nd and 94th Streets, and locally known as 9201 Coastal Highway, in the Town of Ocean City, Maryland. (expired on February 21, 2014) APPLICANT: RICHARD JARVIS FOR AVI SIBONY (ORIGINAL FILE #12-18100012) Blaine Smith, Administrator, presented this site plan for extension in order to finish development of this site. Richard Jarvis was present to answer questions. MOTION/Miller SECONDED/Shanahan (7-0) Motion to approve 18-month extension with condition: Sign area to be boxed in, cleaned up, and landscaped per prior approval by Memorial Day (May 26, 2014).

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Planning & Zoning Commission MINUTES April 1, 2014 3) Site Plan Review and Preliminary Resubdivision request of three (3) proposed townhouse units: (2) three-bedroom units and (1) four-bedroom unit. The site of this application is described as Lot 114 of the Bayside Keys Plat; further described as located on the north side of Bradley Road and locally known as 714 Bradley Road, in the Town of Ocean City, Maryland. APPLICANT: BUCHANAN DEVELOPERS INC. (FILE #14-18100001) Blaine Smith presented the application and explained to the Commission that this was a review for the site plan and also a request for a preliminary subdivision. Staff recommendations were presented as follows: 1. Design Guidelines, per Section 110-181, apply to all of the corporate limits of the

Town of Ocean City. 2. Trash refuse containers and recycling containers shall comply with the minimum

standards set forth in Chapter 70 subject to the Solid Waste Department approval. All exterior garbage or rubbish containers shall be screened from the street on all but one side by an opaque fence, landscaping, an earth berm or other suitable opaque enclosure. The average height of the enclosure shall be one foot more than the height of the container but shall not be required to exceed eight feet in height.

3. The project shall comply with all regulations pertaining to stormwater management,

Chapter 30, Environment, Article III Stormwater Management, prior to issuance of a building permit.

4. All construction and/or repairs of curb cuts, sidewalks and streets and/or street

amenities shall be approved by the Department of Engineering and shall be installed in accordance with the specifications and standards of that department. Any existing curb cuts that are being abandoned must be removed and replaced with a sidewalk subject to city specifications.

5. It is the policy of the Planning Commission to require 8’ wide sidewalks on all

public streets adjoining the project. Pervious pavers may be considered to meet this need subject to specifications set forth by the Engineering Department.

6. The parking lot shall be paved in accordance with Chapter 74 of the Town Code. 7. All landscape shall be installed in accordance with Chapter 30, Article VII, Atlantic

Coastal Bays Critical Area criteria, where applicable.

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Planning & Zoning Commission MINUTES April 1, 2014 8. Location, height, type, and direction of lighting designed per Section 110-876(h)

Lighting Requirements, including at a minimum a photometric plan to illuminate site and off-street parking areas expressed in footcandles throughout the property. This section shall not apply in the Downtown Design Overlay Zones per Section 110- 831.23 Lighting (Lower Downtown Area) and Section 110-865.21(1)(b) (Upper Downtown Design Area).

9. It is required that the owner provides a location survey verifying compliance with minimum setbacks when the building foundation is completed above grade. 10. The building and any porch covered with a roof shall not be located over tiebacks and deadmen which support existing bulkheads. It is required that the owner/developer verify the location of existing tiebacks and deadmen prior to issuance of a building permit. 11. The project is subject to impact fees adopted by the Mayor and City Council. 12. All site plan approvals are subject to building code, fire code and all other applicable governmental regulations. 13. All work shall be completed as shown on the approved site plan and any revisions to the approved site plan shall be in accordance with Section 110-184. 14. Subdivision approval subject to the final plat being prepared and recorded in

accordance with Chapter 78, Article III, Final Plat. Provide cross-easement for parking and driveway. Individual water and sewer utilities be extended to each lot.

15. Final site plan approval shall expire eighteen (18) months after the date of approval unless a building permit for the project is obtained prior thereto pursuant to Section 110-52(c)(2). 16. Subject to obtaining a building permit for all site work. MOTION/Miller SECONDED/Gillis (7-0) Motion to approve 18-month extension with condition: Sign area to be boxed in, cleaned up, and landscaped per prior approval by Memorial Day (May 26, 2014). 4) Site Plan Review of addition of new toilet facility (420.84 sq. ft.) and exterior dining area at Guido’s Burritos II. The site of the application is described as approximately 12 lots of the Isle of Wight Plat; further described as located on the northwest corner of 33rd Street and Coastal Highway, and locally known as 3303 Coastal Highway, in the Town of Ocean City, Maryland. APPLICANT: STEVEN J. CIRILE (FILE #14-18100002)

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Planning & Zoning Commission MINUTES April 1, 2014 Blaine Smith presented the application. Steven Cirile was present to answer Commission questions. MOTION/Miller SECONDED/Gillis (7-0) Motion to approve site plan as presented with any staff recommendations, but if possible, design the access on the west side of the building to be for 2-way traffic for those vehicles ingressing/egressing from the 33rd Street curb cut. III. PUBLIC HEARINGS: 1) Pursuant to the provisions of Article II, Section 5, Conditional Uses, a request has been filed under the provisions of Section 110-861.3(5), Uses permitted by Conditional Use in the I-1 Inlet District, to permit water-related parasail and wave-runner recreational activity for a period of five (5) years. The site of the request is described as Block 21S of the Sinepuxent Beach Company Plat of 1891, further described as located on the west side of Philadelphia Avenue, the south side of Sunset Park, and on Sinepuxent Bay near the Inlet, and known locally as 700 S. Philadelphia Avenue, in the Town of Ocean City, Maryland. APPLICANT: GRAHAM BOSTIC (FILE #14-12100001) Blaine Smith presented the application, giving history of the prior approval for the same watersport operation and owner. A new commercial site plan for Buccaneer’s Caye at Shipwreck Code a proposed restaurant, tiki bar and playground was approved on October 15, 2013, causing Mr. & Mrs. Bostic to seek BZA approval for a shared parking facility agreement (granted on November 14, 2013) prior to filing for this Conditional Use permit. Angie Bostic, applicant, testified on behalf of the application, which is the same as the prior approval except for a period of five (5) years. Joseph R. Tozzi, proprietor of the Oceanic Fishing Pier, was present as the adjacent neighbor, asking that the provision to maintain 50 yards between the two watersports in that basin, be included as a condition of approval with this new application. MOTION/Taylor SECONDED/Miller (7-0) Motion to send a favorable recommendation to the Mayor and City Council for five (5) years with the following conditions: 1) All prior conditions of approval to remain in effect with following commission recommendations:

1. One (1) parasail boat and a maximum of twelve (12) wave-runner vessels subject to minimum off-street parking requirements.

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Planning & Zoning Commission MINUTES April 1, 2014 2. Should construction begin on the restaurant which has been given site plan approval with included parking plan (Buccaneer’s Caye at Shipwreck Cove File #13-18100014 approved on October 15, 2013) within the life of the Conditional Use, it will be required that the operator of the watersport discontinue its operation until they meet with the Planning & Zoning Commission to determine that the two uses can co-exist on the premise without any adverse affects to vehicular and pedestrian movement for patrons and public, and for adequate parking during construction. See also BZA 2390 #13-09400021 letter of approval for shared parking facility between the restaurant and Sea Rocket Adventures and associated watersports.

3. This approval to be limited to this applicant only and is not transferable without Planning Commission authorization. 4. The wave-runner operation and the parasail boat shall stay a clear distance of 50 yards within the basin from the north side of the Oceanic Fishing Pier.

5. The approval is valid for five (5) years as requested. 2) To consider amending the Zoning Code, Division 23 DOWNTOWN DESIGN OVERLAY ZONE DISTRICT, specifically Sections 110-831.1 – 861.6, for all the incorporated zoning districts (B-1 boardwalk, I-1 Inlet, DMX downtown mixed use, DM downtown marine, DR downtown residential, and M-1 manufacturing). APPLICANT: PLANNING & ZONING COMMISSION (FILE #14-14100001) Matt Margotta, Planning and Community Development Director, Blaine Smith, Assistant Director, Planning and Zoning; and Glenn Irwin, Executive Director of the Ocean City Development Corporation were sworn. The stated intention is to create more uniformity within all the underlying zones and better define the regulation of the Downtown Design Overlay District. Blaine reviewed the proposed changes for the Commission. The Commissioners discussed the changes and determined to remove electronic signage from this application and to set up a separate public hearing for this item in the near future. MOTION/Miller SECONDED/Taylor (7-0) Motion to send a favorable recommendation to the Mayor and City Council to amend Section 110-831.1 – 831.28; and Sections 110-482; 110-484; 110-485; 110-487; 110-662; 110-663; 110-665; 110-667; 110-692; 110-695; 110-697; 110-847; 110-861.1; 110-861.2; 110-861.4; and 110-861.6 with these conditions:

1) Remove “create” in Section 110-831.1(d)(13) and (14) and use “promote.” 2) Remove electronic signage from this amendment as stated above.

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Planning & Zoning Commission MINUTES April 1, 2014 ADJOURNMENT @ 8:30 p.m. ________________________________ John Staley Commission Sec. Date

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5. NEW BUSINESS


1) Chapter 1: Include “date of birth” as part of proper

identification requirements

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council FROM: David L. Recor, ICMA-CM, City Manager RE: Discussion of code amendment to Chapter 1, Entitled General Provisions DATE: May 6, 2014 ISSUE(S): Amendment to Chapter 1 regarding proper identification SUMMARY: The proposed ordinance will amend Chapter 1, Section 8:

Violations and penalties by including “date of birth” as a requirement for proper identification. Adding “date of birth” to this section assists in positively identifying those who are cited.

FISCAL IMPACT: Not applicable. RECOMMENDATION: Approve amendment for first reading May 19, 2014. ALTERNATIVES: Do not amend. RESPONSIBLE STAFF: Chief Ross Buzzuro

Lt. Mark Pacini COORDINATED WITH: Guy Ayres, City Solicitor ATTACHMENT(S): Proposed ordinance

Agenda Item # 5C(1)



5. NEW BUSINESS


2) Chapter 58: add “assisted opening knife” to list of

prohibited items

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council FROM: David L. Recor, ICMA-CM, City Manager RE: Discussion of Code amendment to Chapter 58, Offenses and Miscellaneous Provisions DATE: May 6, 2014 ISSUE(S): Amendment to Chapter 58 regarding prohibited acts SUMMARY: The proposed ordinance will amend Chapter 58, Sections 121

and 123 regarding the definition of “assisted opening knife” and adding same to the list of prohibited items.

FISCAL IMPACT: Not applicable. RECOMMENDATION: Approve amendment for first reading May 19, 2014. ALTERNATIVES: Do not amend code. RESPONSIBLE STAFF: Chief Ross Buzzuro

Lt. Mark Pacini COORDINATED WITH: Guy, Ayres, City Solicitor ATTACHMENT(S): Proposed ordinance

Agenda Item # 5C(2)


May 13 2014 Complete Agenda

Documents

Transcript of May 13 2014 Complete Agenda