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Mayor & Common Council Meetings

Regular Meeting

Westminster, MD · February 25, 2013

AgendaMinutes

Minutes

CITY OF WESTMINSTER, MARYLAND MAYOR AND COMMON COUNCIL MEETING FEBRUARY 25, 2013 QUORUM: A meeting of the Mayor and Common Council was held in the Council Chambers at City Hall, 1838 Emerald Hill Lane, Westminster, Maryland on the evening of February 25, 2013, at 7:00 P.M. Mayor Utz; Council President Halstad; Council Members Whitson, Chiavacci, Wack, and Frazier; City Administrator and Acting City Clerk Wolf, Major Stevens, City Treasurer Palmer, Director of Recreation and Parks Gruber, Director of Community Planning and Development Horn, Director of Housing and Preservation Services Beyard, and City Attorney Levan were present. Chief of Police Spaulding, and Director of Public Works Glass were excused from attending the meeting. CALL TO ORDER: Mayor Utz conducted the public hearing on Telecommunication Facility Text Amendment. Mr. Horn informed the Mayor and Common Council that staff proposes an amendment to the City’s Zoning Code which would allow telecommunications facilities as a special exception on school sites meeting certain specific criteria. The proposed amendment adds a definition of school site to the City’s Code, including a 30 acre minimum parcel size. It also allows for the increase in the size of communications panels from 6 ½ feet to 8 feet. The proposed amendment allows telecommunications facilities as a special exception on school sites located within the residential zones, thereby requiring a public hearing before the Board of Zoning Appeals prior to approval. President Halstad inquired as to the reason for the proposed amendment. Mr. Horn replied that the City was approached by McDaniel College about the proposed changes. He stated that the Planning Commission was persuaded that a limited text amendment of this fashion would allow for additional opportunities for telecommunications facilities. He added that limitation of school site makes it specific to McDaniel College. Mayor Utz questioned if this had anything to do with towers being full of antennas that could not provide anything more. Mr. Horn replied that was correct. Ethan Seidel, Vice President of Administration and Financing at McDaniel College, shared that McDaniel College has had a cell tower on campus with several carriers but is missing one of the major carriers that would improve coverage and service. With no additional comments or questions from the Common Council and the public, Mayor Utz closed the public hearing. MINUTES: Upon motion of Mr. Chiavacci, seconded by Dr. Wack and unanimously passed, the minutes of the Council meeting of February 11, 2013, were approved. CONSENT CALENDAR: Mr. Frazier moved to approve the Consent Calendar which consisted of January 2013 Departmental Operating Reports. Mr. Whitson seconded the motion and it passed unanimously. REPORT FROM THE MAYOR: Mayor Utz welcomed Abby Gruber as the new Director of Recreation and Parks, sharing that today was her first day at the City of Westminster. He thanked Ms. Gruber for her willingness to serve the City and the citizens of Westminster. REPORTS FROM STANDING COMMITTEES: Mr. Whitson reported that the Peep Show is going to be coming soon to the Carroll Arts Center. He encourages everyone to come by to see the creativity. The Council welcomed back Ms. Palmer after her leave of absence and welcomed Ms. Gruber to the Recreation and Parks Department. BIDS: Ms. Wolf shared that the painting and reconditioning of the Sawgrass Water Storage tank in Wakefield Valley has been in the Capital Improvement Program for a couple of years. Five bids were received with the low bidder being Central Painting and Sandblasting Inc. in the amount of $395,813.50. Staff has reviewed the bids and found that Central Painting and Sandblasting provides an exceptional history for quality work, timely completion and is also highly recommended by Doug DeClerk, our coatings consultant. Prior to the start of the reconditioning work, existing Cell carriers are required to temporarily relocate their antennas to on-site monopoles for the duration of the project which is expected to be in the 60 day range. Some relocation work has begun in order to meet a potential March start date. Timing for the completion of the reconditioning work is critical to ensure that the tank is returned to service to meet the demands of the summer season. Ms. Wolf recommends that the Mayor and Common Council accept the bid of Central Painting and Sandblasting Inc. in the amount of $395,813.50 to complete the painting and reconditioning of the Sawgrass Water Tank as described in the project specifications. Upon motion of Dr. Wack, seconded by Mr. Whitson, the Council unanimously approved the bid of Central Painting and Sandblasting, Inc. ORDINANCES &RESOLUTIONS: Mr. Horn shared that WMC Development Corporation has requested that the zoning on their properties, generally described as those containing the College Square Shopping Center and the Best Western Hotel, be rezoned from ‘N-C’ Neighborhood Commercial to ‘B’ Business. The properties were originally zoned ‘B’ Business prior to the most recent comprehensive zoning action resulting from the adoption of the City Comprehensive Plan in 2009. Consequently, the requested change is to revert to the original zoning of the subject properties. The Mayor & Common Council conducted a public hearing on the requested zoning change on February 11, 2013. Changes to the zoning of the subject properties, resulting from the adoption of the City’s 2009 Comprehensive Plan, created obstacles for leasing agreements and tenants seeking funding from lending institutions for planned improvements and expansions. The proposed Zoning Map Amendment would effectively remove the referenced obstacles and facilitate improvement plans for commercial buildings on the subject properties. Mr. Horn recommends approval of the Ordinance enacting the zoning change. Dr. Wack questioned Exhibits A and B referencing the specific parcels. Ms. Levan replied that Exhibit A covers both parcels, including the Shopping Center and the Best Western Hotel. Ethen Seidel of McDaniel College added that the site includes an undeveloped parcel adjacent to the hotel site. Mr. Frazier shared that he took at look at the City Code distinguishing between Neighborhood Commercial and Business zoning. He expressed concerns about a nightclub going in and being disruptive to nearby homes. He explained that once rezoned to business, anything could go in this area. Mr. Horn replied that at this time there have not been any plans or improvements that have been submitted to the City, but agreed with Mr. Frazier that once the zoning has been changed back to business every use is then available to the property owner. President Halstad inquired if future development plans would need to go through the Planning and Zoning Commission and then to the Council. Mr. Horn replied that the Planning and Zoning commission would be reviewing and approving the plans. Mr. Chiavacci questioned if this was close to any houses. Dr. Wack replied that there were not any homes nearby that would be affected. Mr. Chiavacci agreed with Mr. Frazier regarding his concerns about changing the zoning back to business. Mr. Whitson motioned to introduce Ordinance No. 841. Dr. Wack seconded and the motion unanimously passed. President Halstad shared that Ordinance No. 842 ‘Telecommunications Facilities’ is to be introduced following the public hearing. Ms. Levan shared that Ordinance No. 842 needed to be amended adding Section 164-30 in the title of the Ordinance. Mr. Chiavacci motioned to introduce and amend Ordinance No. 842. Dr. Wack seconded and the motion unanimously passed. DEPARTMENT REPORTS: Mr. Cumberland shared that Westminster Fire Department is there to serve the citizens. He reported that the new ambulance will arrive in March replacing another ambulance. Ms. Gruber thanked everyone for welcoming her and she expressed her enthusiasm about working in the Parks and Recreation department. Mr. Beyard reported that there is Rental Licensing information on the City’s website. There is a question and answer page also provided that has been helpful in assisting landlords with filling out their applications. He shared that there are four meetings scheduled to assist landlords and tenants with the program. The meetings are scheduled for March 12 at 7 p.m., March 14 at 9:30 am, March 18 at 7 p.m., and March 20 at 2 p.m. The meetings will be held at City Hall. Mr. Beyard also reported that by the end of the week of February 25 the first mailing will be completed to the landlords. He shared that the City has receive 212 applications as well as paid the rental licensing fee. Mr. Chiavacci questioned how the City was advertising the meetings and suggested running an ad in the Carroll County Times to ensure everyone is notified of the meetings. Mr. Beyard replied that there will be a section in the letter that is being sent out to the landlords, Realtors Association and Landlords Association so they can notify their members. Ms. Wolf thanked Mr. Beyard for an outstanding job on the Rental Licensing Program. She shared that Mr. Beyard has been pulling the program together and also working on the software that will be on the City’s web by July of 2014, allowing landlords and home owners to apply for and renew their licenses online. Ms. Palmer thanked everyone for their thoughts and prayers during her recent leave of absence. She reported that she has been moving forward on the budget for FY2014 and has sent out spreadsheets to the Department Heads and Directors so they may begin working on the budgets for their departments. Major Stevens reported that the Westminster Police Department was asked by Senator Getty’s office to have officers available on standby at the Town Hall meeting at the Best Western regarding gun control legislation on February 26. Ms. Wolf reported that she and Mayor Utz have begun the Main Street Roundtable Meetings on February 22 and that it will continue through the month of March. She feels that the first meeting was a successful session. She also shared that Westminster’s Main Street is joining together with other Main Streets in Carroll County to promote a joint marketing activity to be presented to County tourism for funding. Ms. Wolf shared that there will be several Main Street activities and events coming up in the spring. CITIZEN COMMENTS: Beth Myers of 95 Willis Street expressed her concerns regarding a turf field being added to the Westminster City Park. She noted that her grandfather, Ed Myers, donated property to the City which later became City Park. The City Council and Mayor George Mathews opened City Park in 1935. Ms. Myers shared that the park means a lot to her, and she would not want to see a turf field added to the park. She explained that the park was made for the citizens of Westminster and that’s how it should remain. She thanked the Mayor and Council for giving her an opportunity to speak. James Lorditch of 700 Riley Court shared that either the Public Works or the Police Department left notices on vehicles within his neighborhood advising that vehicles will need to be parked with their passenger side tires against the curb or they will receive citations. He explained that, due to the number of people who live on the cul-de-sac, there is not enough room for everyone to park. He added that the problem becomes worse during sporting events at the nearby park. Ms. Wolf shared with Mr. Lorditch that she would research the question and provide an answer to him. Mr. Chiavacci commented that he agrees with Mr. Lorditch; during sporting events there is not enough room for parking. ADJOURN: President Halstad adjourned the meeting at 7:37 PM. Respectfully Submitted, Shannon Visocsky

Agenda

CITY OF WESTMINSTER, MARYLAND MAYOR AND COMMON COUNCIL MEETING FEBRUARY 25, 2013 QUORUM: A meeting of the Mayor and Common Council was held in the Council Chambers at City Hall, 1838 Emerald Hill Lane, Westminster, Maryland on the evening of February 25, 2013, at 7:00 P.M. Mayor Utz; Council President Halstad; Council Members Whitson, Chiavacci, Wack, and Frazier; City Administrator and Acting City Clerk Wolf, Major Stevens, City Treasurer Palmer, Director of Recreation and Parks Gruber, Director of Community Planning and Development Horn, Director of Housing and Preservation Services Beyard, and City Attorney Levan were present. Chief of Police Spaulding, and Director of Public Works Glass were excused from attending the meeting. CALL TO ORDER: Mayor Utz conducted the public hearing on Telecommunication Facility Text Amendment. Mr. Horn informed the Mayor and Common Council that staff proposes an amendment to the City’s Zoning Code which would allow telecommunications facilities as a special exception on school sites meeting certain specific criteria. The proposed amendment adds a definition of school site to the City’s Code, including a 30 acre minimum parcel size. It also allows for the increase in the size of communications panels from 6 ½ feet to 8 feet. The proposed amendment allows telecommunications facilities as a special exception on school sites located within the residential zones, thereby requiring a public hearing before the Board of Zoning Appeals prior to approval. President Halstad inquired as to the reason for the proposed amendment. Mr. Horn replied that the City was approached by McDaniel College about the proposed changes. He stated that the Planning Commission was persuaded that a limited text amendment of this fashion would allow for additional opportunities for telecommunications facilities. He added that limitation of school site makes it specific to McDaniel College. Mayor Utz questioned if this had anything to do with towers being full of antennas that could not provide anything more. Mr. Horn replied that was correct. Ethan Seidel, Vice President of Administration and Financing at McDaniel College, shared that McDaniel College has had a cell tower on campus with several carriers but is missing one of the major carriers that would improve coverage and service. With no additional comments or questions from the Common Council and the public, Mayor Utz closed the public hearing. MINUTES: Upon motion of Mr. Chiavacci, seconded by Dr. Wack and unanimously passed, the minutes of the Council meeting of February 11, 2013, were approved. CONSENT CALENDAR: Mr. Frazier moved to approve the Consent Calendar which consisted of January 2013 Departmental Operating Reports. Mr. Whitson seconded the motion and it passed unanimously. REPORT FROM THE MAYOR: Mayor Utz welcomed Abby Gruber as the new Director of Recreation and Parks, sharing that today was her first day at the City of Westminster. He thanked Ms. Gruber for her willingness to serve the City and the citizens of Westminster. REPORTS FROM STANDING COMMITTEES: Mr. Whitson reported that the Peep Show is going to be coming soon to the Carroll Arts Center. He encourages everyone to come by to see the creativity. The Council welcomed back Ms. Palmer after her leave of absence and welcomed Ms. Gruber to the Recreation and Parks Department. BIDS: Ms. Wolf shared that the painting and reconditioning of the Sawgrass Water Storage tank in Wakefield Valley has been in the Capital Improvement Program for a couple of years. Five bids were received with the low bidder being Central Painting and Sandblasting Inc. in the amount of $395,813.50. Staff has reviewed the bids and found that Central Painting and Sandblasting provides an exceptional history for quality work, timely completion and is also highly recommended by Doug DeClerk, our coatings consultant. Prior to the start of the reconditioning work, existing Cell carriers are required to temporarily relocate their antennas to on-site monopoles for the duration of the project which is expected to be in the 60 day range. Some relocation work has begun in order to meet a potential March start date. Timing for the completion of the reconditioning work is critical to ensure that the tank is returned to service to meet the demands of the summer season. Ms. Wolf recommends that the Mayor and Common Council accept the bid of Central Painting and Sandblasting Inc. in the amount of $395,813.50 to complete the painting and reconditioning of the Sawgrass Water Tank as described in the project specifications. Upon motion of Dr. Wack, seconded by Mr. Whitson, the Council unanimously approved the bid of Central Painting and Sandblasting, Inc. ORDINANCES &RESOLUTIONS: Mr. Horn shared that WMC Development Corporation has requested that the zoning on their properties, generally described as those containing the College Square Shopping Center and the Best Western Hotel, be rezoned from ‘N-C’ Neighborhood Commercial to ‘B’ Business. The properties were originally zoned ‘B’ Business prior to the most recent comprehensive zoning action resulting from the adoption of the City Comprehensive Plan in 2009. Consequently, the requested change is to revert to the original zoning of the subject properties. The Mayor & Common Council conducted a public hearing on the requested zoning change on February 11, 2013. Changes to the zoning of the subject properties, resulting from the adoption of the City’s 2009 Comprehensive Plan, created obstacles for leasing agreements and tenants seeking funding from lending institutions for planned improvements and expansions. The proposed Zoning Map Amendment would effectively remove the referenced obstacles and facilitate improvement plans for commercial buildings on the subject properties. Mr. Horn recommends approval of the Ordinance enacting the zoning change. Dr. Wack questioned Exhibits A and B referencing the specific parcels. Ms. Levan replied that Exhibit A covers both parcels, including the Shopping Center and the Best Western Hotel. Ethen Seidel of McDaniel College added that the site includes an undeveloped parcel adjacent to the hotel site. Mr. Frazier shared that he took at look at the City Code distinguishing between Neighborhood Commercial and Business zoning. He expressed concerns about a nightclub going in and being disruptive to nearby homes. He explained that once rezoned to business, anything could go in this area. Mr. Horn replied that at this time there have not been any plans or improvements that have been submitted to the City, but agreed with Mr. Frazier that once the zoning has been changed back to business every use is then available to the property owner. President Halstad inquired if future development plans would need to go through the Planning and Zoning Commission and then to the Council. Mr. Horn replied that the Planning and Zoning commission would be reviewing and approving the plans. Mr. Chiavacci questioned if this was close to any houses. Dr. Wack replied that there were not any homes nearby that would be affected. Mr. Chiavacci agreed with Mr. Frazier regarding his concerns about changing the zoning back to business. Mr. Whitson motioned to introduce Ordinance No. 841. Dr. Wack seconded and the motion unanimously passed. President Halstad shared that Ordinance No. 842 ‘Telecommunications Facilities’ is to be introduced following the public hearing. Ms. Levan shared that Ordinance No. 842 needed to be amended adding Section 164-30 in the title of the Ordinance. Mr. Chiavacci motioned to introduce and amend Ordinance No. 842. Dr. Wack seconded and the motion unanimously passed. DEPARTMENT REPORTS: Mr. Cumberland shared that Westminster Fire Department is there to serve the citizens. He reported that the new ambulance will arrive in March replacing another ambulance. Ms. Gruber thanked everyone for welcoming her and she expressed her enthusiasm about working in the Parks and Recreation department. Mr. Beyard reported that there is Rental Licensing information on the City’s website. There is a question and answer page also provided that has been helpful in assisting landlords with filling out their applications. He shared that there are four meetings scheduled to assist landlords and tenants with the program. The meetings are scheduled for March 12 at 7 p.m., March 14 at 9:30 am, March 18 at 7 p.m., and March 20 at 2 p.m. The meetings will be held at City Hall. Mr. Beyard also reported that by the end of the week of February 25 the first mailing will be completed to the landlords. He shared that the City has receive 212 applications as well as paid the rental licensing fee. Mr. Chiavacci questioned how the City was advertising the meetings and suggested running an ad in the Carroll County Times to ensure everyone is notified of the meetings. Mr. Beyard replied that there will be a section in the letter that is being sent out to the landlords, Realtors Association and Landlords Association so they can notify their members. Ms. Wolf thanked Mr. Beyard for an outstanding job on the Rental Licensing Program. She shared that Mr. Beyard has been pulling the program together and also working on the software that will be on the City’s web by July of 2014, allowing landlords and home owners to apply for and renew their licenses online. Ms. Palmer thanked everyone for their thoughts and prayers during her recent leave of absence. She reported that she has been moving forward on the budget for FY2014 and has sent out spreadsheets to the Department Heads and Directors so they may begin working on the budgets for their departments. Major Stevens reported that the Westminster Police Department was asked by Senator Getty’s office to have officers available on standby at the Town Hall meeting at the Best Western regarding gun control legislation on February 26. Ms. Wolf reported that she and Mayor Utz have begun the Main Street Roundtable Meetings on February 22 and that it will continue through the month of March. She feels that the first meeting was a successful session. She also shared that Westminster’s Main Street is joining together with other Main Streets in Carroll County to promote a joint marketing activity to be presented to County tourism for funding. Ms. Wolf shared that there will be several Main Street activities and events coming up in the spring. CITIZEN COMMENTS: Beth Myers of 95 Willis Street expressed her concerns regarding a turf field being added to the Westminster City Park. She noted that her grandfather, Ed Myers, donated property to the City which later became City Park. The City Council and Mayor George Mathews opened City Park in 1935. Ms. Myers shared that the park means a lot to her, and she would not want to see a turf field added to the park. She explained that the park was made for the citizens of Westminster and that’s how it should remain. She thanked the Mayor and Council for giving her an opportunity to speak. James Lorditch of 700 Riley Court shared that either the Public Works or the Police Department left notices on vehicles within his neighborhood advising that vehicles will need to be parked with their passenger side tires against the curb or they will receive citations. He explained that, due to the number of people who live on the cul-de-sac, there is not enough room for everyone to park. He added that the problem becomes worse during sporting events at the nearby park. Ms. Wolf shared with Mr. Lorditch that she would research the question and provide an answer to him. Mr. Chiavacci commented that he agrees with Mr. Lorditch; during sporting events there is not enough room for parking. ADJOURN: President Halstad adjourned the meeting at 7:37 PM. Respectfully Submitted, Shannon Visocsky

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