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Mayor & Common Council Meetings

Regular Meeting

Westminster, MD · March 10, 2025

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Agenda

AGENDA CITY OF WESTMINSTER Mayor and Common Council Meeting Monday, March 10, 2025, at 7:00 pm Carroll Arts Center, 91 West Main Street, Westminster, MD 21157 1. CALL TO ORDER 2. STATEMENT FOR THE RECORD – CLOSED MEETING OF MONDAY, FEBRUARY 24, 2025: In accordance with the General Provisions Article, Section 3-306(c)(2) of the Annotated Code of Maryland, and without objection it is noted that the minutes of tonight’s meeting reflect that Common Council met in a Closed Meeting on Monday, February 24, 2025, at 8:24 p.m. pursuant to General Provision Art., Section 3-305 (b)(1) to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; any other personnel matter that affects one or more specific individuals. Motion – Chiavacci/Hoff Vote to Close Meeting: Yes No Abstain Absent Mr. Chiavacci Yes Mr. Dayhoff Yes Ms. Gilbert Yes Mr. Hoff Yes Mr. Pecoraro Mayor Becker There were no staff members in attendance at the meeting. The Common Council took no official action during the meeting. The Closed Meeting adjourned at 9:12 p.m. 3. PRESENTATION A) Bird City- Maggie Kunz 4. APPROVAL OF MINUTES A) Mayor and Common Council Meeting of February 24, 2025 B) Mayor and Common Council Closed Meeting of February 24, 2025 5. CONSENT CALENDAR A) Approval to Waive the Competitive Procurement for Good Cause, under the City of Westminster Code Chapter 36 “Procurement and Contracts” Subsection 36-4 Specific Regulations to purchase a Ford F-600 with a service crane from Apple Ford in the amount of $204,517.80 under Baltimore County Contract #0004504. 6. REPORT FROM THE MAYOR 7. REPORTS FROM COMMITTEES A) Arts Council B) Economic and Community Development Committee C) Finance Committee D) Personnel Committee E) Public Safety Committee F) Public Works Committee G) Recreation and Parks Committee H) Technology Committee 8. COUNCIL COMMENTS AND DISCUSSION 9. ORDINANCE AND RESOLUTIONS A) Adoption of Resolution No. 25-04 Designating the City of Westminster as a Bird City – City Administrator Imhulse B) Introduction of Ordinance No. 2025-04, an Ordinance of the Mayor and Common Council of Westminster, Approving Local Map Amendment LMA 25-02 Designating Certain Real Property Located in the City of Westminster’s I-R Restricted Industrial Zone and Floating Cannabis Overlay Zone for the Establishment of a Cannabis Processor. – Director of Community Planning and Development Depo 10. UNFINISHED BUSINESS 11. NEW BUSINESS A) Vote to go into a Closed Meeting Motion: I move that the Common Council adjourn into a Closed Meeting on Monday, March 10, 2025, at the conclusion of the regular meeting in accordance with the General Provisions Article of the Annotated Code of Maryland, §3-305 (b)(1) to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; any other personnel matter that affects one or more specific individuals. – Councilmember Chiavacci 12. DEPARTMENTAL REPORTS 13. CITIZEN COMMENTS 14. ADJOURNMENT MINUTES CITY OF WESTMINSTER Mayor and Common Council Meeting Monday, February 24, 2025, at 7:00 p.m. 1838 Emerald Hill Lane, Westminster, MD 21157 YouTube Channel Link CALL TO ORDER Elected Officials Present: Mayor Becker, Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, Councilmember Hoff, and Council President Pecoraro. Staff Present: City Clerk Barber (via-Zoom), Director of Housing Services Brown, Director of Community Planning and Development Depo, Director of Recreation and Parks Gruber, City Attorney Levan, Director of Technology Services Moore, Captain Schuster, and Director of Finance Rodgers. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE Council President Pecoraro led the Pledge of Allegiance and a moment of silence. STATEMENT FOR THE RECORD – CLOSED MEETING OF MONDAY, FEBRUARY 10, 2025: Council President Pecoraro read into the record in accordance with the General Provisions Article, Section 3-306(c)(2) of the Annotated Code of Maryland, and without objection it is noted that the minutes of tonight’s meeting reflect that Common Council met in a Closed Meeting on Monday, February 10, 2025, at 8:15 p.m. pursuant to General Provision Art., Section 3-305) (b)(3) to consider the acquisition of real property for a public purpose and matters directly related thereto and (b)(7) to consult with counsel to obtain legal advice. Motion – Councilmember Chiavacci/Councilmember Gilbert Vote to Close Meeting: Yes No Abstain Absent Mr. Chiavacci Yes Mr. Dayhoff Yes Ms. Gilbert Yes Mr. Hoff Yes Mr. Pecoraro Mayor Becker The following staff members attended the meeting: City Attorney Levan. The Common Council took official action during the meeting. The Closed Meeting adjourned at 8:19 p.m. PUBLIC HEARINGS Ordinance No. 2025-02 Local Map Amendment LMA 24-02 Mayor Becker conducted a public hearing beginning at 7:02 p.m., regarding Ordinance No. 2025-02, an Ordinance of the Mayor and Common Council of Westminster, adopting Local Map Amendment LMA 24-02, amending the Zoning Map for certain real property located at 222 E. Green Street, Westminster, MD 21157 to superimpose the Compatible Neighborhood Overlay Zone (CN Zone) over the existing R- 7,500 Residential Zone (R-7,500 Zone) to develop Multiple-Family Dwelling Units. Mayor Becker noted that the Public Hearing had been published in the Carroll County Times, meeting all applicable requirements. Director of Community Planning and Development Depo at the direction of Mayor Becker 1 provided the staff report on the item and responded to questions to provide clarification on the project. The following spoke and addressed the Common Council during the hearing: Mr. Kevin Seltzer, 3039 Langdon Drive, addressed the Common Council with concerns about the current parking requirements for the proposed development. Ms. Nicole Wilson, 3039 Langdon Drive, addressed the Common Council with concerns about the current parking requirements for the proposed development Mr. John Lippy, 227 East Green Street, addressed the Common Council with concerns of the current parking requirements and the proposed height of the proposed development. Mr. Vasyl Mydask,1208 Woodland Drive, Timonium, Maryland, the developer of the project, addressed the Common Council to provide clarification to questions posed on the proposed development. With no further comments, Mayor Becker closed the public hearing at 7:15 p.m. Ordinance No. 2025-03 Cannabis Overlay District Amendment Mayor Becker conducted a public hearing beginning at 7:15 p.m., regarding Ordinance No. 2025-03, Cannabis Overlay District Amendment, an Ordinance of the Mayor and Common Council of Westminster, adopting a sectional map amendment to amend the boundaries of the Cannabis Overlay District, for the purpose of establishing the appropriate locations for the designation of cannabis overlay floating zones permitting the operation of cannabis businesses in the City. Mayor Becker noted that the Public Hearing had been published in the Carroll County Times, meeting all applicable requirements. Director of Community Planning and Development Depo at the direction of Mayor Becker provided the staff report on the item. The following spoke and addressed the Common Council during the hearing: Attorney Stephanie Brophy addressed the Common Council representing the applicants for the Cannabis Overlay Amendment. Ms. Brophy stated her support of proposed Ordinance No.2025-03. With no further comments, Mayor Becker closed the public hearing at 7:20 p.m. APPROVAL OF MINUTES A motion was made by Councilmember Gilbert and seconded by Councilmember Dayhoff to approve the Mayor and Common Council Meeting Minutes of February 10, 2025, the Mayor and Common Council Closed Meeting minutes of February 10, 2025. There was no discussion. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. CONSENT CALENDAR A motion was made by Councilmember Chiavacci and seconded by Councilmember Gilbert to approve the Consent Calendar, which consisted of the following: Approval of the Departmental Operating Report for January 2025; Approval to Waive the Competitive Procurement for Good Cause, under the City of Westminster Code Chapter 36 “Procurement and Contracts” Subsection 36-4 Specific Regulations, to Purchase a Pickup Truck from Apple Ford Under the Baltimore County Contract # 00004504 in the amount of $70,862.80; Approval to Waive the Competitive Procurement for Good Cause, under the City of Westminster Code Chapter 36 “Procurement and Contracts” Subsection 36-4 Specific Regulations, 2 to Purchase (4) Four 2025 Dodge Durango Police SUVs from Criswell Fleet Sales of Gaithersburg, Maryland in the amount of $ 262,608; Approval to Waive the Competitive Procurement for Good Cause, under the City of Westminster Code Chapter 36 “Procurement and Contracts” Subsection 36-4 Specific Regulations, to purchase Mobile Police Radios for Police Vehicles from Motorola in the amount of $25,436; and the Approval to Waive Bid Requirements, under the City of Westminster Code Chapter 36 “Procurement and Contracts” Subsection 36-4 Specific Regulations, and to Award a Contract to Watek Engineering LLC for Construction Services in the amount of $ 1,254,833. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. REPORT FROM THE MAYOR Mayor Becker opened her report by thanking the Carroll County Commissioners for their support on the respite center project. Mayor Becker also thanked and acknowledge the Common Council for their support in dealing with difficult decisions. Mayor Becker reported on several meetings and events she had attended in the past few weeks. Mayor Becker closed her report by thanking City Administrator Imhulse and to all those who assisted with the water leak in the City Administration Building (45 West Main Street) over the weekend. REPORTS FROM COMMITTEES Councilmember Dayhoff, on behalf of the Arts Council, noted the wonderful programs being offered at the Carroll Arts Center and to check the Arts Council’s website for all the details. Councilmember Hoff, on behalf of the Economic Community Development Committee, noted his attendance at the grand opening of Chicken Salad Chick at 255 Baltimore Boulevard held on Tuesday, February 11, 2025, at 9:00 a.m. Council President Pecoraro, on behalf of the Finance Committee, reported that the committee has met to review contracts and discuss the proposed FY26 Budget Schedule. Councilmember Chiavacci, deferred to Councilmember Dayhoff, who on behalf of the City of Westminster convey our condolences to the West York Borough, Northern York Regional Police Department, and staff at the UMPC Memorial Hospital for a recent shooting and the loss of life. Councilmember Gilbert, on behalf of the Public Works Committee, noted the departments clean up from the recent windstorms and their continued preparation for any winter weather being predicted. Councilmember Gilbert also noted and thanked the department for their assistance and support related to the water leak at 45 West Main (City Administration Building) over the weekend. Councilmember Gilbert, on behalf of the Recreation and Parks Committee, provided the highlights to some recently held Recreation and Parks events. Councilmember Gilbert reminded everyone to look at the many classes being offered at the City of Westminster Fitness Center. Councilmember Dayhoff, on behalf of the Technology Committee, thanked the Technology Department (IT) and the Streets Department of the Department of Public Works for their work and assistance with the water leak at the City Administration Building (45 West Main Street). 3 COUNCIL COMMENTS AND DISCUSSION Councilmember Dayhoff noted the opening of the Chicken Salad Chicken in the City of Westminster and how the store manager noted the great working relationship with the City bring the restaurant to the City of Westminster. Councilmember Gilbert reported that she and Councilmember Hoff attended a very informative meeting held on Monday, February 17, 2025, in Annapolis, Maryland with our local delegation. Council President Pecoraro noted his recent travels with Mayor Becker to Annapolis, Maryland for meetings with Governor Moore and our local delegation. Councilmember Hoff, commented as chair of the Intergovernmental Relations Committee that over the last three years we have been very fortunate with our working relations with the entire state delegation. Councilmember Hoff closed his comment by thanking Carroll County Commissioner Gordon, Commissioner Vigliotti, and Commissioner Guerin, as well as State’s Attorney Haven Shoemaker, and Carroll County Sheriff DeWees for their support and appreciation in regards to the City of Westminster’s concerns. ORDINANCE AND RESOLUTIONS Adoption of Ordinance No. 2025-02, an Ordinance of the Mayor and Common Council of Westminster, adopting Local Map Amendment LMA 24-02, amending the Zoning Map for certain real property located at 222 E. Green Street, Westminster, MD 21157 to superimpose the Compatible Neighborhood Overlay Zone (CN Zone) over the existing R-7,500 Residential Zone (R-7,500 Zone) to develop Multiple-Family Dwelling Units A motion was made by Councilmember Hoff and seconded by Councilmember Gilbert to adopt Ordinance No. 2025-02, an Ordinance of the Mayor and Common Council of Westminster, adopting Local Map Amendment LMA 24-02, amending the Zoning Map for certain real property located at 222 E. Green Street, Westminster, MD 21157 to superimpose the Compatible Neighborhood Overlay Zone (CN Zone) over the existing R-7,500 Residential Zone (R-7,500 Zone) to develop Multiple-Family Dwelling Units. Director of Community Planning and Development Depo responded to questions of clarification given by the Common Council on the item. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None Adoption of Ordinance No. 2025-03, Cannabis Overlay District Amendment, an Ordinance of the Mayor and Common Council of Westminster, adopting a sectional map amendment to amend the boundaries of the Cannabis Overlay District, for the purpose of establishing the appropriate locations for the designation of cannabis overlay floating zones permitting the operation of cannabis businesses in the City A motion was made by Councilmember Chiavacci and seconded by Councilmember Hoff to adopt Ordinance No. 2025-03, Cannabis Overlay District Amendment, an Ordinance of the Mayor and Common Council of Westminster, adopting a sectional map amendment to amend the boundaries of the Cannabis Overlay District, for the purpose of establishing the appropriate locations for the designation of cannabis overlay floating zones permitting the operation of cannabis businesses in the City. There was no discussion. 4 VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None UNFINISHED BUSINESS There was no unfinished business to be discussed by the Mayor and Common Council. NEW BUSINESS Vote to Go into a Closed Meeting A motion was made by Councilmember Chiavacci and seconded by Councilmember Hoff to adjourn into a Closed Meeting on Monday, February 24, 2025, at the conclusion of the regular meeting in accordance with the General Provisions Article of the Annotated Code of Maryland, §3-305 (b)(1) to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; any other personnel matter that affects one or more specific individuals. Council President Pecoraro noted that the Common Council would not return to open session after the Closed Meeting. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None DEPARTMENTAL REPORTS Administration City Administrator Imhulse provided a brief update and status of the cleanup from the water leak that took place over the weekend at the City Administration Building (45 West Main Street). City Administrator Imhulse thanked the Department of Public Works and the Technology Department for their many hours of work addressing the water leak. Housing Services Director of Housing Services Brown had no official report. Director Brown thanked City Administrator Imhulse and Director of Technology Moore and the Department of Public Works for their quick response to addressing the water leak at the City Administration Building. Department of Recreation and Parks Director of Recreation and Parks Gruber noted that her department was unaffected by the water intrusion but noted that the City employees always pull together when needed, which is guided by the leadership of City Administrator Imhulse. Director Gruber closed by noting the kickoff of event season and provided a rundown of upcoming events including some of the event highlights. Department of Public Works City Administrator Imhulse reported that the Department of Public Works continues to be prepared for any potential weather event that may affect the City of Westminster. Technology Services Director Moore noted that the department has been very busy, as he provided in his month departmental report. 5 Community Planning and Development Director of Community Planning and Development Department report that on February 20, 2025, the Planning and Zoning Commission addressed the following: Held a Public Hearing for Ordinance No. 2025-03, Cannabis Overlay District Amendment and forwarded a recommendation to approve as amended; Approved the 2024 City of Westminster Planning Annual Reporting Information Certification: Reviewed and continued Site Development Plan S-18-0037, My K-9 Buddy, located on the northern side of Kriders Church Road to construct a 40,000 square foot Indoor Dog Training and Event Facility; Reviewed and approved Sign Permit 1983, for Northeastern Supply at 40 Magna Way allowing a 125 sq. ft. sign; Held a Work Session for Zonal Map Amendment ZMA 24-01 to reclassify certain real property from the R-7,500 Residential Zone to the Planned Development-9 Zone located off and east of Pennsylvania Avenue and north of Sullivan Avenue. The applicant is proposing to construct 20 two-over- two dwellings for a total of 40 dwelling units. The subject properties are identified by the State Department of Assessments and Taxation (SDAT) as #07-020430, #07-114443, #07-033338, #07-011490, #07- 011482, #07-032471, #07-032455, and #07-044429. Westminster Police Department (WPD) Captain Schuster provided updates on the department. Captain Schuster thanked the Department of Public Works and Technology Services Departments for all their work with the renovations at the Police Station. Captain Schuster closed his report by noting the upcoming Westminster Police Department Annual Awards Banquet scheduled for Wednesday, April 16, 2025, and the Carroll County Chamber of Commerce Public Safety Awards scheduled for May 22, 2025. CITIZEN COMMENTS Council President Pecoraro advised that residents may submit any comments to the following email address: comments@westminstermd.gov. He noted that all emails received would be shared with the Mayor and Common Council. Mr. Eric Seltzer, 30 Live Oak Court, addressed the Common Council looking to get involved in the City of Westminster. Mr. John Lippy, 227 East Green Street, addressed the Common Council regarding the City’s Water Allocation process. Ms. Nicole Wilson, 3039 Langdon Drive, addressed the Common Council regarding receiving notification of meetings. ADJOURNMENT Council President Pecoraro announced that the next meeting of the Mayor and Common Council would be on Monday, March 10, 2025, and the meeting will begin at 7:00 p.m. He adjourned the meeting at 8:14 p.m. Respectfully Submitted, Douglass A. Barber, MMC City Clerk Full audio version is available on www.westminstermd.gov Adopted by the City of Westminster Common Council on _____________________________. 6 Crane Truck Replacement (Truck 48) Cranberry Water Treatment Plant To: Mayor and Common Council From: Gregory Howell, Acting Water Superintendent Date: March 10, 2025 Re: Approval to Waive the Competitive Procurement for Good Cause, under the City of Westminster Code Chapter 36 “Procurement and Contracts” Subsection 36-4 Specific Regulations to purchase a Ford F-600 with a service crane from Apple Ford in the amount of $204,517.80 under Baltimore County Contract #0004504. Background The Cranberry and Wakefield water systems have a combined 13 wells that help provide water to the residents of Westminster, supplementing the water that is pumped from Cranberry water treatment plant. Throughout the course of a year, multiple wells may need to be shut down due to issues with the well pumps, such as a worn out pump end or motor. These well pumps sit anywhere from 40 feet to 200 feet below ground and thus require a crane to pull them up so the repair or the replacement can occur. It is crucial that these wells are put back in service as quickly as possible, so undue strain is not put on the water plant to make up for the lost supply, especially during the summer months when demand is high. The water plant does keep spare well pumps and motors on hand in case of emergency, but the staff currently must coordinate with a 3rd party crane rental company to complete the work. This requires several days’ notice at the very least and, depending on how many wells need servicing in a year, can cost the water plant $5k-$10k on an annual basis. The contract with Apple Ford is for a 2025 Ford F-600 Regular Cab 4x4 with a Plafinger Telescopic Mechanic Field Service Crane (Model PSC8600TEC). The crane would be provided and installed on the truck by Intercon Truck Equipment. This crane has over double the lifting capacity of our current crane truck, which would allow us to replace any of our well pumps. Purchasing a larger replacement crane would eliminate both the risk of being delayed due to relying on a crane rental to become available and the annual rental costs. The crane truck that the water plant currently possesses, which is at the end of its usable life, is not large enough to be used to pull up pumps and is used mainly for hauling chemical drums to the wells and moving pieces of equipment. When purchasing a vehicle under Baltimore County Contract #0004504, any attachments on the vehicle (such as a crane) fall under the contract as well. This vehicle and the crane attachment were slated for purchase in FY26. To avoid any price increase and/or availability issues, that may happen in the near future, the staff is requesting to purchase this vehicle in FY25. Project Funding This acquisition is planned for in the FY26 CIP budget but will require a budget amendment if approved in FY25. Recommendation Staff recommends that the Mayor and Common Council waive the competitive procurement for Good Cause, under the City of Westminster Code Chapter 36 “Procurement and Contracts” Subsection 36-4 Specific Regulations, to purchase a Ford F-600 with a service crane from Apple Ford in the amount of $204,517.80 under Baltimore County Contract #0004504. cc: Sara Imhulse, City Administrator FY25 CIP Budget – Crane Truck Replacement (Truck #48) – Water Treatment Plant To: Mayor and Common Council From: Theresa M. Rodgers, Director of Finance Date: March 10, 2025 Re: Funding for Crane Truck Replacement for the Water Treatment Plant Background As part of the FY25 Capital Improvement Plan (CIP), the Mayor and Common Council authorized $175,000.00 for the replacement of a Crane Truck for the Water Treatment Plant (WTP). The funding source for the purchase is water fund reserves. The WTP’s current crane truck’s lifting capacity is insufficient to pull many of the well pumps. To avoid delays using a 3rd party crane rental company, the WTP is requesting the purchase of a replacement crane truck be moved to FY25. Apple Ford has provided a quote for $204,517.80 for a 2025 Ford F-600 truck with a crane. If this purchase is approved by the Mayor and Common Council, a FY25 budget amendment for the full amount of the purchase price will be needed; staff anticipates the funding source for the budget amendment to be water fund reserves. cc: Sara Imhulse, City Administrator Resolution No. 25-04 Designating the City of Westminster as a Bird City To: Mayor and Common Council From: Sara Imhulse, City Administrator Date: March 5, 2025 Re: Approval of Resolution No. 25-04 – Designating the City of Westminster as a Bird City Background Bird City is a designation through Bird City Network. This designation indicates that a community has been recognized for its work to increase bird habitat, reduce threats to birds, educate and engage people with bird-related issues, and promote sustainability. Information about this organization can be found at birdcity.org. Maggie Kunz and the Bird Club have requested that the City take the necessary steps to apply for this designation. The Bird City Maryland application requires a minimum of ten (10) actions to be selected and implemented from their action matrix. We have selected the following actions for our Bird City application: 1. Encourage forest regeneration by nurturing undergrown of native shrubs and trees by protecting seedlings from deer and monitoring their progress with routing aftercare. This has already been met by the tree plantings at Wakefield in partnership with the Alliance for the Chesapeake Bay. 2. Document a recent project that created or restored bird habitat and/or increased habitat connections in your community. The above project at Wakefield also meets this action item. 3. Show that your community has restored a significant area of locally appropriate habitat. The project above meets this action item. 4. Demonstrate that your community provides property owners with information on how to protect birds from glass collisions. We will add information to our website to meet this action item. 5. Document and describe your event that incorporates the annual World Migratory Bird Day theme in some fashion. We will incorporate this into an existing Recreation and Parks event at Wakefield. 6. Provide ongoing bird and conservation related programs appropriate for children, youth, and families. We meet this action item through existing programming at Wakefield through the Recreation and Parks Department. 7. Adopt a resolution showing the Council’s support for the Bird City Maryland Initiative. 8. Support, create, and improve alternative transportation throughout your community. The trail project at Wakefield meets this action item, in addition to the bike connectivity projects that are planned in the CIP. 9. Demonstrate that your community is represented in at least one community science bird-monitoring program. The Bird Club is working on a project to meet this action item. 10. Demonstrate that your community recognizes the critical ecological role of pollinators by documenting your Bee City USA status. Project Funding This initiative requires no new funding and can be achieved by enhancing existing City programming and partnering with interested community organizations, such as Bird Club, Boys and Girls Club, Scouts, and McDaniel College. Recommendation Staff recommend that the Mayor and Common Council approve the adoption of Resolution No. 25-04 designating the City of Westminster as a Bird City. Attachment • Resolution No. 25-04 RESOLUTION 25-04 DESIGNATING THE CITY OF WESTMINSTER, MARYLAND AS A BIRD CITY WHEREAS, birds are some of the most beautiful and easily observed wildlife that share our communities, and WHEREAS, many communities recognize and value birds that are residents and those that pass through during their migration seasons, and WHEREAS, birds play an important ecological role in our community, controlling insect pests and contributing to pollination and seed dispersal, and WHEREAS, birds play an important economic role in our community, attracting tourists and generating millions in recreational dollars statewide, and WHEREAS, migratory birds and their habitats are declining throughout the Americas, facing a growing number of threats on their migration routes and in both their summer and winter homes, and WHEREAS, public awareness and concern are crucial components of migratory bird conservation, and WHEREAS, since 1993 World Migratory Bird Day (WMBD) has become a primary vehicle for focusing public attention on the nearly 350 species that travel between nesting habitats in our communities and throughout North America and their wintering grounds in South and Central America, Mexico, the Caribbean, and the southern U.S., and WHEREAS, throughout the Bird City Network, hundreds of thousands of people will observe WMBD, gathering in town squares, community centers, schools, parks, nature centers, and wildlife refuges to learn about birds, take action to conserve them, and simply to have fun, and WHEREAS, community members enthusiastic about birds, informed about the threats they face, and empowered to help address those threats can directly contribute to maintaining healthy bird populations, and WHEREAS sound policies and practices enhancing natural ecosystems and reducing threats to birds also make healthier communities for people, and WHEREAS, Bird City Maryland is an initiative to build relationships within local communities and guide actions to protect and conserve birds, and WHEREAS, The City of Westminster finds that it is in the best interest of the community and its residents to show its support for the Bird City Maryland initiative. NOW THEREFORE BE IT RESOLVED, that the Mayor and Common Council by adoption of this Resolution, hereby shows its support of the Bird City Maryland Initiative. ADOPTED this ______ day of _______, 2025 __________________________________________ Douglass A. Barber, City Clerk APPROVED this _____day of ________, 2025 __________________________________________ Dr. Mona Becker, Mayor 2 Ordinance No. 2025-04 - Introduction To: Mayor and Common Council From: Mark A. Depo, Director of Community Planning & Development Meeting Date: March 10, 2025 Re: Introduction of Ordinance No. 2025-04, an Ordinance of the Mayor and Common Council of Westminster, approving Local Map Amendment LMA 25-02 to designate certain real property identified as tax account number 07-153155, Tax Map 0113, Grid 0009 Parcel 6805 located in in the I-R Restricted Industrial Zone as a floating Cannabis Overlay Zone for the establishment of a cannabis processor. The Department of Community Planning and Development (DCPD) is requesting Mayor and Common Council introduce Ordinance 2025-04 and refer it to the Planning and Zoning Commission for its review and recommendation to the Mayor and Common Council. [Attachment 1] BACKGROUND Cannabis Overlay District The Maryland General Assembly passed HB556 and SB516 (Cannabis Reform Act) allowing for the adult use sale of cannabis to begin on July 1, 2023. Governor Moore signed the Cannabis Reform Act bill into law on May 3, 2023. The Maryland Cannabis Administration is responsible for regulating cannabis businesses in Maryland. On July 1, 2023, existing Maryland medical cannabis businesses who chose to convert are authorized to cultivate, manufacture, or dispense cannabis or cannabis products for consumers 21 years of age or older. On July 10, 2023, the Mayor and Common Council approved Ordinance No. 2023-05, as amended. Ordinance 2023-05 amended Chapter 164, “Zoning and Subdivision of Land”, of the Westminster City Code, to: 1) amend Article I, General Provisions, Section 164-3, Definitions, to add new, delete existing, or amend existing cannabis definitions for consistency with the Annotated Code of Maryland; 2) amend Article XVA, Medical Cannabis Overlay District, to rename as “Cannabis Overlay District”, to add new, delete existing, or amend existing text for consistency with the Annotated Code of Maryland, and to amend the process and procedures to establish a floating Cannabis Overlay Zone. On October 9, 2023, the Mayor and Common Council adopted Ordinance No. 2023-06, Cannabis Overlay District, an Ordinance of the Mayor and Common Council of Westminster, adopting Sectional Map Amendment SMA-23-01 to repeal the former Medical Cannabis Overlay District and designate the boundaries of the new Cannabis Overlay District, for the purpose of establishing the appropriate locations for the designation of cannabis overlay floating zones permitting the operation of cannabis businesses in the City. On February 24, 2025, the Mayor and Common Council adopted Ordinance No. 2025-03 adopting Sectional Map Amendment SMA-25-01 to amend the Cannabis Overlay District, for the purpose of establishing the appropriate locations for the designation of cannabis overlay floating zones permitting the operation of cannabis businesses in the City. Local Map Amendment LMA 25-02, Ordinance No. 2025-04 On or about November 20, 2024, Harold Raines (the “Applicant”), requested approval to operate a cannabis processor use (Local Map Amendment LMA 25-02) at 75 Aileron Court, Suite 8 Westminster, Maryland (SDAT# 07-153155, Tax Map 0113, Grid 0009 Parcel 6805, and further identified as Unit Eight of the condominium plat Aileron IV Condominium, P.B 48, PG 274), which is zoned I-R Restricted Industrial and is within the Cannabis Overlay District, as a floating Cannabis Overlay Zone. = Property Ordinance 2025-04, if approved, would rezone the portion of tenant space identified as Suite 8 (Unit Eight of the condominium plat Aileron IV Condominium, P.B 48, PG 274) to allow for the operation of a cannabis processing use. Although the floating Cannabis Overlay Zone would be applied to Suite Mayor and Common Council Introduction of Ordinance No. 2025-04 March 10, 2025 Page 2 8, the property, including Suite 8, are still subject to the underlying I-R Planned Industrial Zone regulations as well as the Cannabis Overlay District regulations. MAP AMENDMENT PROCESS The following are Sections of the Zoning Ordinance that are relevant to the processing of a Local Map Amendment. ▪ Section 164-176A: “A local amendment covering a single tract, all portions of which are proposed to be classified in one zone or two alternative zones.” ▪ Section 164-177A.(2): “Local amendments. An application for a local amendment to the Zoning Map may be made by any governmental agency as outlined in Subsection A or by any person with a financial, contractual or proprietary interest in the property to be affected by the proposed amendment.” ▪ Section 164-178A.: “An application for a local map amendment shall not be accepted for filing by the Zoning Administrator if the application is for the reclassification of the whole or any part of land, the reclassification of which has been denied by the Common Council on the merits within 12 months from the date of the decision of the Common Council or the date of the last judicial decision upholding the decision of the Common Council.” ▪ Section 164-178B.: “An application for a local map amendment shall not be accepted for filing by the Zoning Administrator if the application fails to conform to any of the applicable requirements of this chapter.” ▪ Section 164-182A.: “Erection of sign. Not less than 20 days before the hearing date on an application for a local map amendment, the Zoning Administrator shall erect a sign on the land proposed to be reclassified. The sign shall be erected within 10 feet of whatever boundary line of such land abuts the most traveled public road and, if no public road abuts thereon, then facing in such manner as may be most readily seen by the public. The sign shall contain such information as the Zoning Administrator may require, including the time, place and purpose of the hearing.” ▪ Section 164-183A.: “Within a reasonable time after accepting for filing any application for the amendments provided in § 164-176, except those regarding the Historic District Zone, the Zoning Administrator shall refer a copy thereof to the [Planning and Zoning] Commission for its study and recommendations and notify the [Planning and Zoning] Commission of the hearing date of the application. The [Planning and Zoning] Commission shall thereupon promptly submit a report and recommendation prior to the hearing date to the Zoning Administrator, which shall be incorporated in the application file and thereafter be considered as a part of the record on the application.” ▪ Section 164-185A.(1): “Within 120 days of accepting any application for the amendments provided in § 164-177 for filing, the Zoning Administrator shall set the application for hearing at a specified date, time and place and shall cause to be published in at least one newspaper of general circulation in the county, once each week for two successive weeks, notice of the public hearing on such application, stating the application number, date, time and place of hearing and containing the following:” Section 164-185.A.(1)(c): “The designation of the area covered, if a sectional or district zoning plan map amendment, and the place where copies of the map or maps and the application may be examined. The first publication of notice shall appear at least 15 days prior to the hearing.” Mayor and Common Council Introduction of Ordinance No. 2025-04 March 10, 2025 Page 3 ▪ Section 164-187E.: “A member of the Common Council shall not consider any ex parte or private communication from any person, whether oral or written, which he knows is or reasonably may be intended to influence unlawfully the decision on the merits of any application pending before the Common Council…”. RECOMMENDATION DCPD recommend that Mayor and Common Council introduce Ordinance No. 2025-04 and refer Ordinance No. 2025-04, as introduced, to the Planning and Zoning Commission for its review and recommendation to the Mayor and Common Council. ATTACHMENT 1. Ordinance No. 2025-04 cc: Sara Imhulse, City Administrator Mayor and Common Council Introduction of Ordinance No. 2025-04 March 10, 2025 Page 4 Sponsored by: Dr. Mona Becker, Mayor Dan Hoff, Council Member ORDINANCE NO. 2025-04 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL APPROVING LOCAL ZONING MAP AMENDMENT LMA 25-02 DESIGNATING CERTAIN REAL PROPERTY LOCATED IN THE CITY OF WESTMINSTER’S I-R RESTRICTED INDUSTRIAL ZONE AND FLOATING CANNABIS OVERLAY ZONE FOR THE ESTABLISHMENT OF A CANNABIS PROCESSOR. (Local Map Amendment LMA 25-02) WHEREAS, pursuant to Md. Ann. Code, Local Gov’t Art., § 5-213, the Mayor and Common Council of Westminster (the “City”) has the authority to provide reasonable zoning regulations subject to the referendum of the voters at regular or special elections; and WHEREAS, pursuant to Sections 11 through 18 of the City Charter, the City has, for the purpose of promoting the health, security, general welfare and morals of the community, the authority to divide the City into zoning districts and to regulate therein the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land, in accordance with a comprehensive plan and for enumerated purposes, which include the control and direction of municipal expansion and development, provided that such regulations are to be made with reasonable consideration of the character of the districts and their peculiar suitabilities for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, pursuant to the aforestated authority and the additional authority contained in Md. Code Annotated, Land Use Article, Division 1, “Single Jurisdiction Planning and Zoning,” Title 4, “Zoning”), the City enacted a comprehensive zoning map on or about October 25, 2010, CMA 10-1, Ordinance No. 819; and WHEREAS, on July 10, 2023, the City adopted Ordinance No. 2023-05, amending Chapter 164, “Zoning and Subdivision of Land”, of the Westminster City Code, to 1) amend Article I, General Provisions, Section 164-3, Definitions, to add new, delete existing, or amend existing cannabis definitions for consistency with the Annotated Code of Maryland, 2) amend Article XVA, Medical Cannabis Overlay District” to rename it as “Cannabis Overlay District”, to add new, delete existing, or amend existing text for consistency with the Annotated Code of Maryland, and to amend the process and procedures to establish a Cannabis Overlay District use; and WHEREAS, on October 9, 2023, the City adopted Ordinance No. 2023-06, adopting a sectional map amendment SMA-23-01 to eliminate the boundaries of the former Medical Cannabis Overlay District and designate the boundaries of the new Cannabis Overlay District, for the purpose of establishing the appropriate locations for the designation of cannabis overlay floating zones permitting the operation of cannabis businesses in the City; and WHEREAS, on February 24, 2025, the City adopted Ordinance No. 2025-03 adopting a sectional map amendment SMA-25-01 to amend the Cannabis Overlay District, for the purpose of establishing the appropriate locations for the designation of cannabis overlay floating zones permitting the operation of cannabis businesses in the City. WHEREAS, on or about November 20, 2024, Harold Raines (the “Applicant”), requested approval to operate a cannabis processor use (Local Map Amendment LMA 25-02) at 75 Aileron Court, Suite 8 Westminster, Maryland, which is zoned I-R Restricted Industrial and is within the Cannabis Overlay District, as a floating Cannabis Overlay Zone; and WHEREAS, pursuant to Chapter 164, Section 164-183, the City’s Planning Commission is charged with reviewing Local Zoning Map Amendment LMA 25-02 and submitting a report and recommendation to the Mayor and Common Council with respect to such proposed amendment; and WHEREAS, on _________________, 2025, the City’s Planning and Zoning Commission conducted a hearing on the petition for Local Zoning Map Amendment LMA 25-02 and issued a favorable report and recommendation to the Mayor and Common Council; and WHEREAS, after a public hearing, on or about _________________, 2025, the Mayor and Common Council considered the report and recommendation of the Planning Commission and determined to approve Local Zoning Map Amendment LMA 25-02. SECTION 1. NOW THEREFORE BE IT ORDAINED AND ENACTED BY THE MAYOR AND COMMON COUNCIL OF WESTMINSTER, that Local Zoning Map Amendment LMA 25-02 is approved and the properties known as 75 Aileron Court, Suite 8, are hereby designated a Cannabis Overlay Zone for the purpose of establishing a cannabis processor, provided that the property shall remain subject to all regulations applicable to properties in the I- R Restricted Industrial Zone. SECTION 2. BE IT FURTHER ORDAINED BY THE MAYOR AND COMMON COUNCIL OF WESTMINSTER that this Ordinance shall take effect ten (10) days after the date of its passage and approval, unless it is returned unsigned by the Mayor at the next meeting of The Mayor and Common Council together with the Mayor’s reasons for withholding her signature therefrom, and is not passed thereafter by the votes of four-fifths of the members of the Common Council, and further provided that it is posted after adoption for not less than two weeks in some conspicuous location in the City Hall and recorded in a book provided for that purpose. INTRODUCED this ____ day of ___________, 2025. Douglass A. Barber, City Clerk Page 2 of 3 ADOPTED this ____ day of ___________, 2025. Douglass A. Barber, City Clerk APPROVED this ____ day of ___________, 2025. Dr. Mona Becker, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY this ____ day of ___________, 2025. Elissa D Levan, City Attorney Page 3 of 3

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