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MINUTES OF CITY COUNCIL MEETINGS

CITY OF WESTMINSTER, MARYLAND
CITY OF WESTMINSTER, MARYLAND NOVEMBER 26, 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 November 26, 2001 at 7:00 p.m. Mayor Dayhoff; Council President Halstad; Council Members Albert, Chiavacci, Ferguson and Pecoraro; Department Heads Beyard, Dutterer and Joneckis; and City Attorney Walsh were present.

MINUTES:

The Minutes of the Meeting of November 12, 2001 were approved as presented, on Motion of Mr. Chiavacci, seconded by Mrs. Albert and duly passed.

PUBLIC HEARINGS:

Mayor Dayhoff conducted the following Public Hearings:

Hearing No. 1:

Zoning Text Amendment No. TA 01-5, designated as Ordinance No. 674, providing for adjustments in the building coverage and height, off-street parking, and on-premise signage in the “PRSC” Planned Regional Shopping Center Zone. TownMall of Westminster consultant, Ms. Michelle Berliner, local attorney David Bowersox, and TownMall’s on-site leasing manager, Ms. Eileen Stoner, presented the following testimony in support of the Text Amendment: the Mall needs modifications and improvements to meet the current standards of the industry, to attract prospective tenants. A competitive edge must be developed to successfully negotiate the leasing demands of retailers. There was no testimony in opposition to the text amendments. Mayor Dayhoff closed the Hearing, including the record thereof at 7:15 p.m.

Hearing No. 2:

Zoning Text Amendment No. TA 01-4, designated as Ordinance No. 673, providing for multiple-family housing for older persons as a special exception use in the “B” Business Zone. No persons offered testimony in support or opposition to the text amendment. Mayor Dayhoff closed the Hearing at 7:18 p.m., stating the record thereof will remain open until December 3, 2001.

CONSENT CALENDAR:

The consent calendar was approved on Motion of Mrs. Albert, seconded by Mr. Ferguson and duly passed, consisting of October Departmental Operating Reports and employee insurance benefits for calendar year 2002. Mr. Beyard reported that the public water supply is “holding its own”, and the new 2 million gallon storage tank adjacent to the treated water reservoir is full.

BIDS:

Mr. Beyard presented the bids for the parking deck to be constructed as part of the Tyler Donegan, Inc. Westminster Square (former Farmer’s Supply Company property) project, located at Liberty and E. Green Streets. The parking deck is a 2-½ story structure that contains 163 spaces. The following actions were taken in connection with the award of the bid, on Motion of Mrs. Albert, seconded by Mr. Pecoraro and unanimously passed:

1. 1. Approve the low bid of Kinsley Construction in the amount of $2,195,000 to construct the Westminster Square parking deck.

2. 2. Authorize the Mayor to execute changes to Agreement No. A-856 and Modification Nos. 1 and 2 to reflect this decision, after review and recommendation from the Director of Planning and Public Works and City Attorney.

3. 3. Appropriate the accrued interest from BB&T’s main gift in the amount of $100,000 from unappropriated surplus for this project.

BIDS: (Continued)

4. 4. Appropriate the approximately $130,000 to be paid by Tyler Donegan, Inc. in parking fees for this project.

The Council assured Town Center Corporation Board member Ferguson that the $100,000 BB&T working capital gift, used to supplement funding of the parking deck, will be reimbursed to the Town Center Corporation as per previous verbal agreements.

REPORTS FROM MAYOR:

. . . noted the Christmas tree lighting ceremony to be held at 4:00 p.m. Saturday December 1, 2001, which includes awarding of the “Mayor’s Cup” to the winner of the downtown window decorating contest.

STANDING COMMITTEE REPORTS:

Cable Regulatory Commission Liaison:

Mr. Pecoraro advised that the distribution of cable revenues will follow the normal operating procedure.

Public Safety:

Mr. Chiavacci stated that Chief Joneckis is considering several options relating to the current Police officer evaluation system, as well as reviewing rules and regulations of the Department. Mr. Chiavacci also met with Westminster Fire Department President James Bangerd, III to learn more about both operational training and funding requirements. Discussion was held concerning the unsafe condition of the planter walls at the entrance of the West Main Street Babylon Municipal Parking lot. Thereafter, on Motion of Mr. Chiavacci, seconded by Mrs. Albert and unanimously passed, the planter walls shall be removed.

ORDINANCES:

On Motion of Mr. Chiavacci seconded by Mr. Pecoraro and unanimously passed, Zoning Ordinance No. 673 (Text Amendment No. TA 01-4, Housing for Older Persons in the “B” Business Zone) was Introduced for First Reading.

The Rules of Order and Procedure were suspended, on Motion of Mr. Pecoraro, seconded by Mr. Chiavacci and unanimously passed, to allow the simultaneous Introduction and Enactment of Zoning Ordinance No. 674 (Text Amendment No. TA 01-5, Amendments to the Planned Regional Shopping Center Zone). Thereafter, on Motion of Mr. Chiavacci seconded by Mr. Pecoraro and unanimously passed, Ordinance No. 674 was enacted.

On Motion of Mrs. Albert, seconded by Mr. Pecoraro and duly passed, Zoning Ordinance No. 675 (Rezoning Koontz Property) was adopted. Mr. Ferguson recused himself from participating in the matter.

NEW BUSINESS:

The request of the Westminster Municipal Band for reimbursement of certain transportation expenses was referred to the Finance Committee.

Renewal of City/County Agreement No. A354, for Fiscal Year 01-02, pertaining to sharing of funds and participating in planning and other governmental functions between Westminster and the County Commissioners of Carroll County, was discussed. Thereafter, on Motion of Mr. Pecoraro, seconded by Mr. Chiavacci and unanimously passed, the City/County Agreement was ratified. Additionally, Mr. Pecoraro requested that the County Commissioners be contacted to determine whether they would be prepared to add an additional provision in the section of the Agreement on page two entitled “County”. The first sentence of that section provides that upon receipt of request for subdivision or site development within one mile of the corporate limits of Westminster, copies of the proposed preliminary plan will be forwarded to the City for its review and comment. Mr. Pecoraro requested that the County Commissioners consider amending that sentence to also include requests for subdivision or site development within one mile of the City’s sewer and water service areas.

A Petition received from residents in the vicinity of Marhill Court regarding parking was referred to the Public Works Committee.

DEPARTMENTAL REPORTS:

Mr. Beyard advised that the intersection of Center Street and Cranberry Road will be changed to make Center Street the through roadway with stop signs only on Cranberry Road.

Chief Joneckis reported that extra police patrols are on duty during the holiday shopping season.

CITIZEN COMMENTS:

County resident Beatrice Wolf stated that a traffic signal is needed at the intersection of Center Street and Cranberry Road.

Dr. Ethan Seidel, President of the Greater Westminster Development corporation, complimented The Mayor and Council for the aggressive downtown economic development projects, and encouraged the continued emphasis on downtown renewal.

Thornbury Court resident, Todd Brown, stated his concern regarding the current limited water supplies, in view of the ongoing residential development.

ADJOURN:

The meeting was adjourned by the Council President 8:50 p.m.

JOHN D. DUDDERAR

City Clerk