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City Council
Minutes of City Council Meetings | Agenda for next City Council Meeting
MINUTES OF CITY COUNCIL MEETINGS
CITY OF WESTMINSTER, MARYLAND
JULY 9, 2001
QUORUM:
A Meeting of The Mayor and Council was held in the City Hall Council Chambers, located at 1838 Emerald Hill Lane, on the evening of July 9, 2001 at 7:00 p.m.Mayor Dayhoff; Council President Halstad; Council Members Albert, Chiavacci, Pecoraro, and newly appointed member Thomas K. Ferguson; Department Heads Beyard, Dutterer and Joneckis; and City Attorney Walsh were present.
MINUTES:
The Minutes of the Meeting of June 11, 2001 were approved as presented, on Motion of Mr. Chiavacci, seconded by Mr. Ferguson and duly passed.
CONSENT CALENDAR:
On Motion of Mr. Chiavacci, seconded by Mr. Pecoraro and duly passed, the Consent Calendar was approved, consisting of May Departmental Operating Reports.
BIDS:
Stearns & Wheler, LLC of Bowie, Maryland was awarded the $13,900 bid for the Feasibility Study to utilize the Raw Water Source at Medford Quarry for Municipal supply, on Motion of Mrs. Albert, seconded byMr. Ferguson and unanimously passed.
REPORTS FROM MAYOR:
. . . noted his participation in a recent discussion of economic development opportunities in the Russian Embassy, for the benefit of small towns within the U.S. A. and Russia.
. . . Read a Proclamation declaring July 2001 as Parks and Recreation month on behalf of City Recreation and Activities Director Ron Schroers, and Carroll County Parks and Recreation Director, Richard Soisson.
ORDINANCES AND RESOLUTIONS:
On Motion of Mrs. Albert, seconded by Mr. Pecoraro and unanimously passed, Zoning Ordinance No. 664 (Residential Cluster Subdivision) was adopted.The Ordinance creates a new Residential Cluster Subdivision in the "R-10,000 Residential" and "R-20,000 Residential" Zones.
Zoning Ordinance No. 665 was Enacted, on Motion of Mr. Ferguson, seconded by Mr. Chiavacci, and unanimously passed.The legislation adopts the new Zoning Map for the City of Westminster.
The Final Enactment of amended annexation Resolution No. R00-6 was Moved by Mr. Pecoraro seconded by Mrs. Albert and unanimously passed.The Resolution becomes effective on August 24, 2001, content of which follows:
CITY OF WESTMINSTER
AMENDED RESOLUTION NO. R00-6
(Annexation No. 42 - The Maples, Inc., et al.)
WHEREAS, The Mayor and Common Council of Westminster has obtained the consent from the required property owners and registered voters to enlarge the corporate boundaries of the City of Westminster by the annexation and zoning of land adjoining and contiguous to the existing corporate boundaries, in accordance with Article 23A, Section 9 and 19 of the Annotated Code of Maryland and the Code of the City of Westminster; and
WHEREAS, the City Clerk has determined that the technical filing requirements of Article 23A of the Annotated Code of Maryland and the Code of the City of Westminster have been met.
IT IS, THEREFORE, RESOLVED, by The Mayor and Common Council of Westminster, that all of the following tracts or parcels of land in the Seventh (7th) Election District of Carroll County, Maryland, adjacent to the corporate limits of the City of Westminster containing 44.771 acres of land, more or less, of The Maples, Inc., consisting of three parcels and on the east side of Maryland Route 97 - Littlestown Pike, near the City of Westminster in the Seventh (7th) Election District of Carroll County, Maryland, and described according to descriptions on the Certificates of George A. Stroud, III, dated March 22, 2000, and more fully described as follows:
Description of a 44.771 Acre Parcel
" All that parcel of land situate on the East side of Maryland Route 97 - Littlestown Pike - in the Seventh Election District of Carroll County, Maryland, and described as follows:
BEGINNING for the same at an iron pin found at the end of the North 57 3/4° East 41 3/4 Perch Line, Parcel #1, of those parcels of land conveyed unto The Maples, Inc., by deed dated September 10, 1998 and recorded among the Land Records for Carroll County in Liber LWS 2215 folio 102 (more fully described in Liber ODG 125 folio 312), thence running reversely with said line and also with the outline of the property now owned by John D. Meyers as recorded among the aforesaid Land Records in Liber LWS 992 folio 1005, with all bearings referred to the Maryland State Grid Meridian, South 51°22'12" West 678.37 feet to an iron pin found, thence South 55°40'42" West 466.72 feet to an iron pin found, thence South 35°33'58" East 636.71 feet to an iron pin set, thence leaving said Meyers outline and now with the South 67°51'37" West 478.50 foot line of that parcel of land conveyed unto the West Branch Development, LLC, by deed dated June 25, 1998 and recorded among the aforesaid Land Records in Liber LWS 2062 folio 948, South 67°33'37" West 478.50 feet to a stone found, said stone also being at the end of the North 67°35'37" East 837.40 foot line of that parcel of land conveyed unto Marada Industries, Inc., by deed dated November 5, 1992 and recorded among the aforesaid Land Records in Liber LWS 1403 folio 565, thence running reversely with said line South 67°33'37" West 792.87 feet to a pipe found on the East side of Maryland Route 97 - Littlestown Pike, continuing thence South 67°33'37" West 43.71 feet to a point in the center of the existing pavement of said Road, thence with said Road North 04°20'31" East 1631.80 feet to a point in said Road, thence North 01°21'45" West 464.23 feet to a point in the center of the existing pavement of
said Road, thence leaving said Maryland Route 907 - Littlestown Pike - South 76°51'45" East 40.50 feet to a concrete monument found on the East side of said Road, continuing thence and reversely with the North 76°49'16" West 742.78 foot line as shown on a Plat entitled "Midway Farm" and recorded among the aforesaid Land Records in Platbook 24 page 58, South 76°51'45" East 742.56 feet to a concrete monument found at the beginning of said line, continuing thence and leaving said "Midway Farm" Plat and now reversely with the North 76°49"16" West 907.63 foot line of that parcel of land conveyed unto Paul D. Miller by deed dated December 9, 1980 and recorded among the aforesaid Land Records in Liber LWS 780 folio 7, South 76E51'45" East 909.30 feet to the place of beginning.Containing 44.771 acres of land more or less.
BEING all that parcel of land that was conveyed unto The Maples, Inc., by deed dated September 10, 1998 and recorded among the Land Records for Carroll County in Liber LWS 2213 folio 762 and Liber LWS 2215 folio 102."
be added to the corporate boundaries of the City of Westminster and any persons residing in said area, and their property, shall be added to the corporate boundaries, generally subject to the provisions of the Charter, Westminster City Code, Ordinances and other rules and regulations of the City of Westminster;
AND BE IT FURTHER RESOLVED, pursuant to Section 164-6 and all of the other related and applicable sections of the Westminster City Code, that the Zoning Map of the City of Westminster shall be amended to include this newly annexed property and that the property in its entirety shall be zoned and designated in the "I-R Industrial Residential Zone."Said tract is presently classified in the "A" Agricultural District under the Zoning Laws of Carroll County;
AND BE IT FURTHER RESOLVED by The Mayor and Common Council of Westminster that Resolution shall become effective forty-six (46) days following its passage and approval.
INTRODUCED this 13thday of November, 2000.
___________________________
John D. Dudderar, Clerk
PASSED this 9thday of July, 2001.
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John D. Dudderar, Clerk
APPROVED this 9thday of July, 2001.
_____________________________
Kevin E. Dayhoff, Mayor
Approved as to legal form
and sufficiency this6th
day of November, 2000.
___________________________
John B. Walsh, Jr., City Attorney
On Motion of Mr. Pecoraro, seconded by Mrs. Albert and unanimously passed, Zoning Ordinance No. 671 was Enacted.The Ordinance zones the 44.771 acres in Annexation No 42 (The Maples, Inc.) in the city's "I-R Restricted Industrial" Zone.
Housing and Community Development Manager, Karen Blandford, presented a summary of the new State Community Legacy Program, designed to preserve neighborhoods and increase investment in existing communities.The following projects were proposed to be included in the application for funding:
PROJECT NAME TOTAL BUDGET AMOUNT REQUESTED FUNDING YEAR
Carroll Arts Center -
Phase Two $700,000 $100,000 2001
Locust Lane
Improvements 628,928 192,805 2001-2002
Homeownership Initiative 30,000 20,000 2001
Façade Improvement
Program 260,000 100,000 2001
Longwell Parking Deck 2,025,000 440,000 2002
TOTAL: $3,633,928 $852,805
Thereafter, on Motion of Mr. Pecoraro, seconded by Mrs. Albert and unanimously passed, the Rules of Order and Procedure were suspended to allow the simultaneous Introduction and Enactment of Resolution No.
R01-7.On Motion of Mr. Pecoraro, seconded by Mrs. Albert and unanimously passed,Resolution No. R01-7 was adopted, content of which follows:
RESOLUTION NO. R01-7
RESOLUTION of The Mayor and Common Council of Westminster
SUBJECT: APPROVING THE DESIGNATION OF A COMMUNITY LEGACY AREA, PROJECTS, AND FUNDING THEREOF
WHEREAS, The Mayor and Common Council of Westminster recognizes that there is a significant need for reinvestment and revitalization of the communities in Westminster; and,
WHEREAS, The Mayor and Common Council of Westminster proposes to:(i) designate the area of Old Town Westminster of Westminster in Carroll County as outlined on the attached map (the "Area") as a Community Legacy Area; and to (ii) develop a Community Legacy Plan and Projects in (the "Community Legacy Area:), the purpose of which will be to contribute to the reinvestment and revitalization in the Area; and,
WHEREAS, the Department of Housing and Community Development of the State of Maryland ("Department"), either through the Community Legacy Program or through other Programs of the Department, or in cooperation with other state departments or agencies, may provide some or all of the financing for the Projects (the "Project Financing") in order to assist in making them financially feasible; and,
WHEREAS, the applicable law, regulations and Departmental requirements necessitate approval of the Community Legacy Area designation, the Projects and the Project Financing by The Mayor and Common Council of Westminster, where appropriate, by the chief elected executive official of the local subdivision;
NOW THEREFORE, BE IT RESOLVED by The Mayor and Common Council of Westminster that it hereby endorses and approves the designation of a Community Legacy Area and the Projects in the Area; and it hereby approves the Project Financing in the form of grants or loans in the appropriate amount of Eight Hundred Fifty-Two Thousand Eight Hundred Five Dollars ($852,805.00); and
BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute such documents as may be necessary to implement this Resolution, subject to the recommendation of the Director of the Department of Planning and Public Works and the City Attorney; and
BE IT FURTHER RESOLVED that copies of this Resolution be sent to the Secretary of Housing and Community Development of the State of Maryland.
BE IT FURTHER RESOLVED by The Mayor and Common Council of Westminster that this Resolution shall become effective upon its passage and approval.
INTRODUCED THIS 9thDAY OF July, 2001.
_______________________
John D. Dudderar, City Clerk
PASSED THIS 9thday of July, 2001.
_______________________
John D. Dudderar, City Clerk
APPROVED THIS 9THday of July, 2001.
_______________________
Kevin E. Dayhoff, Mayor
Approved as to form and
legal sufficiency this 6th
day of July, 2001.
____________________________
John B. Walsh, Jr., City Attorney
for the City of Westminster
UNFINISHED BUSINESS:
Slater & Associates consultants, John Slater & Norton Clouse, presented the concept plan for renovations to Locust Lane.The preliminary plan included the placement of trellis and new plantings, landscaping and sculpture, Americans with Disabilities Act accessibility to all store fronts, and a safer and enhanced link to the Carroll County Public Library branch across E. Main Street.The total estimated cost of the overall improvements is $536,000 to be shared in part by the Library, Thereafter, on Motion of Mr. Ferguson, seconded by Mr. Pecoraro and unanimously passed, the concept plan was approved, including the authority to proceed with the design engineering of the project for the fee of $37,000.
NEW BUSINESS:
Architect, Peter Powell presented concept plans for the renovation of the former Carroll Theater Building for the use of the County Arts Center.The project includes restoration of the original façade of the proposed 265 seat two-story structure, with additional amenities occupying a total area of 12,000 square feet.Arts Council Board Vice President Mark Pohlhaus and Executive Director Sandy Oxx, participated in the presentation.Numerous Arts Council Board members also attended the meeting.On Motion of Mr. Pecoraro, seconded by Mr. Ferguson and unanimously passed, the Arts Council renovation plans were approved as presented.
Mr. Halstad stated the Carroll County Public LibraryDirector, Linda Mielke, is favorable to opening the Westminster Branch on Sundays.The Council was urged to contact members of the Board of Trustees, to gaintheir support to offer the extended hours.
The Council concurred in the following two matters proposed by Mr. Halstad:(1) requesting the new local firm of Kohn Creative Solutions to finalize the design and produce the new City flag; and(2) create a new City Arts and Entertainment District, taking advantage of tax breaks offered by new State enabling legislaltion.
Mr. Chiavacci requested that a joint work session be held for members of The Mayor and Council and Planning and Zoning Commission to discuss the annexation issue.The Mayor's Office will schedule the meeting.
On Motion of Mr. Chiavacci, seconded by Mr. Pecoraro and unanimously passed, the VoiceStream Wireless/Omnipoint Communications Site Lease Agreement, utilizing the City's Western Maryland College water tank, was approved.The action included approval of an amended lease with AT&T, providing for the transfer of the responsibility of the construction of an antennae mounting structure to VoiceStream Wireless/Omnipoint Communications.
The Deed for the roadbed and infrastructure in WMC Drive, in the vicinity of College Square Shopping Center, was accepted on Motion of Mrs. Albert, seconded by Mr. Ferguson and duly passed.
On Motion of Mrs. Albert, seconded by Mr. Chiavacci and duly passed, the Assignment of Title for the Vestry of Ascension Parish water main in Winters Alley, was accepted.
CITIZEN COMMENTS:
Pennsylvania Avenue resident Daniel Lyons was assured that his inquiry regarding youth skateboarding was in the process of being considered.
ADJOURN:
The meeting was adjourned by the Council President at 9:15 p.m.
JOHN D. DUDDERAR
City Clerk
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