Council Minutes
Tuesday, May 1, 2007
The Mayor and City Council of
Invocation – Councilman Harold Hendershot
Pledge of Allegiance to the flag of the United States
Call of Roll:
Present: Mayor Fiedler, Councilmen Hedrick, Hendershot, and Elliott.
Absent: Councilman Rephann
Department Heads and/or Officials Present: Jeffrey E. Repp, City
Minutes –
Motion was made by Councilman Hedrick, seconded by Councilman Hendershot, and unanimously accepted to adopt the minutes of the Regular Session of April 17 and the Special Session of April 20, 2007.
Motion was made by Councilman Elliott to adopt the Minutes of Administrative Sessions of the Mayor and City Council held Tuesday, March 6, and Tuesday, March 13, 2007, be approved as written and that the minutes of today’s meeting reflect that the Mayor and City Council met in Administrative Session on those dates.
Councilman Rephann made the motion to go into Administrative Session on Tuesday, March 6, 2007, seconded by Councilman Hendershot and adopted on a vote of 5 to 0 to discuss pending litigation and personnel matters in accordance with Sections 10-508 (8) and (1) of the State Government of the Annotated Code of Maryland.
Present in the meeting were Mayor Fiedler, Councilmen Hendershot, Elliott, Hedrick and Rephann. Also present were Jeffrey E. Repp, City
Councilman Rephann made the motion to go into Administrative Session on Tuesday, March 13, 2007, seconded by Councilman Elliott and adopted on a vote of 4 to 0 to discuss pending litigation and personnel matters in accordance with Sections 10-508 (8) and (1) of the State Government of the Annotated Code of Maryland.
Present in the meeting were Mayor Fiedler, Councilmen Elliott, Hedrick, and Rephann. Also present were Jeffrey E. Repp, City
The motion was seconded by Councilman Hendershot and the minutes were unanimously adopted.
Reports -
Councilman Elliott made a motion to adopt the Routine Reports submitted. Councilman Hendershot seconded the motion and the following reports were unanimously adopted:
1. Personnel Activity Report submitted by April Howser, Human Resources Officer, for the period April 15 – April 28, 2007
2. Report of Code Enforcement submitted by Jeffrey Rhodes, Director of Administrative Services, for the period February 17, 2007 - April 25, 2007
The Regular Session was adjourned at 7:34 p.m. to conduct the following Public Hearing:
Public Hearing –
To rezone parcel 7042, commonly known as Klots Mill measuring 288’ x 300’, and 362’ x 309’ on Gay Street currently zoned I-G (Industrial-General) to R-U (Urban-Residential) zoning to accommodate new residential construction in the area.
Mr. Repp, City
Mr. Repp stated the Department of Engineering has received a request for consideration of no parking on
Mr. Frank Nethken, 709 Edgevale Avenue, Cumberland, asked what motivated the development in this area. Mayor Fiedler advised a developer approached the Zoning Board and was given preliminary approval, which has brought the matter to the Mayor and City Council. Mr. Nethken stated this was the wrong place for this project.
Mr. Gary Simpson, of Klavuhn Building and Storage, asked the Mayor and Council to visit the site prior to making a decision to review the concerns of the company with the project and how it could impact their business. Mayor Fiedler agreed to meet at the site and stated funding for the project was being applied for in September and; therefore, there was no rush to vote on the project.
Ms. Jane Klavuhn, owner of Klavuhn, gave a brief history of the business and stated she feels this development would be a hardship on the business.
Matt Alexander, Vice-President of Klavuhn Moving and Storage, stated he has concerns with parking and the total impact on their business if the development goes through. He said they have expanded to one of the nation’s largest movers over the years and have tried to eliminate problems at their various locations. He expressed that if they lose the ability to access the
Mr. Bob Reinhart, Legal Council to Klavuhn, expressed concerns with the process of rezoning and that the developer of the project has not met with Klavuhn’s to discuss their concerns. He questioned whether or not City Engineering staff had visited the site. He expressed the opinion that the Zoning Commission was dangerously close to spot zoning and stated that unless Klavuhn gets assurance from the City or an agreement with the developer that they will be protected in a reasonable way, if the zoning is adopted they will have to appeal it. He added they do not object to the project and are good neighbors, but need to protect themselves.
Mr. Michael Mudge, Oak Street, Cumberland, spoke in favor of the rezoning saying this building is one of the last large industrial buildings in
Mr. Herbert Broll, 225 Pennsylvania Avenue, Cumberland, agreed with Mr. Mudge saying this is a great project, but expressed concern with the impact on Klavuhn and the neighborhood. He expressed the importance of having dialogue with the residents in the neighborhood. Mr. Broll asked how many meetings they have had with the developer and what he was requesting in the way of support from the City. Mayor Fiedler said they had met with them officially one time. He asked how many times they had met with the Klavuhn’s and residents who would be affected. Mr. Repp stated the developer has not asked for anything at this time and if the City could afford it. Councilman Hendershot stated they would have to wait to see what the developer will ask for.
Ms. Melanie Michael, President of Rolling Mill Neighborhood Association, said they look forward to working with the groups involved and the developer contingent on how things go with Klavuhn. She asked what would happen with the property if the development doesn’t go through and expressed their concerns with the condition of the property. She further stated she feels this renovation would be another piece of the puzzle with their revitalization efforts and hopes the issues can be rectified.
Mayor Fiedler advised the staff of the Engineering Department had been at the site, but have not yet submitted their written report. He again advised he would be in contact with Mr. Simpson to set up a time to meet with him at the site.
With no further the public hearing was adjourned.
The Regular Session reconvened at 8:01 P.M.
Ordinances and Charter Amendment Resolutions:
Ordinance No. 3581 to provide for the closing of the public right-of-way at
Ordinance No. 3581 was read in Title Only for its second reading. Councilman Elliott made a motion to accept the second reading and move to the third reading after comment. Councilman Hendershot seconded the motion.
Mr. Repp explained the Cumberland Housing Authority is in the process of demolishing the Benjamin Banneker building. He described the area to be closed and noted this closing was necessary to make this one contiguous lot.
Mayor Fiedler asked for comments. Being none, the second reading was unanimously accepted.
Ordinance No. 3581 was read in Title Only for its third reading and unanimously adopted.
Orders (Consent Agenda):
With no requests for any items to be handled individually, Councilman Elliott made a motion to adopt the consent agenda. Councilman Hendershot seconded the motion and the following items were unanimously adopted:
Order No. 24548 Accepting the proposal of Thomas Construction, LLC, for sidewalk installation along Industrial Boulevard from Naylor’s Ace Hardware to Oldtown Road – Est. $55,085.00
Order No. 24,549 Pledging funds to the Allegany Arts Council in the amount for matching funds for the mural project on
Order No. 24,550 Re-appointments to the CRIMA and Chapel Hill West neighborhood groups for three year terms – Melanie Michael and Delores Brooks
Order No. 24,551 Appointment/Re-appointment to the Human Relations Commission for a three year term – Courtney Thomas, Jeffrey Hedrick
Order No. 24,552 Authorizing the City
Presentation and Disposition of Letters, Petitions, Applications, Proclamations, etc:
The following letter was entered into record:
1. A letter of resignation from John Logsdon from the Recreation due to his inability to attend meetings
Mayor Fiedler noted a position on the Western Maryland Scenic Railroad will be opening and they would be advertising for letters of interest.
Requests To Be Heard:
Mr. Frank Nethken, Edgevale Avenue, Cumberland, announced that Thursday was the National Day of Prayer.
Mr. Nethken advised the Mayor and Council that on April 19th while walking on the Downtown Mall he caught his foot on a loose brick, fell, and was taken to the hospital for treatment. He asked if there were plans to avoid accidents of this nature on the Mall. Mayor Fiedler advised a policy has been written to limit trucks on the mall and they have asked that the police to enforce that policy.
Mr. Nethken expressed concern over the condition of the City streets and asked if there was a master plan for improvements. Mr. Repp advised there are two actions underway, one being monies set aside from the 2006 bond issue ($670,000) which are to be used in conjunction with other monies ($200,000+ from the State) for street improvements this year. He also advised they are looking at a program looking at three millions a year committed to the streets, with funding issues for the program being looked at. Mr. Repp offered to provide Mr. Nethken with a copy of the plan.
Mr. Herbert Broll, Pennsylvania Avenue, Cumberland, asked if the WMHS would have a Memorandum of Understanding with the
Mr. Broll asked if, since it would not be a hospital, if the WMHS would pay taxes on the portion they rent. Mr. Repp advised they would be paying rent and may be responsible for taxes depending on the State Department of Taxation determination as to whether or not it is a taxable entity.
Mr. Broll expressed the opinion that the security cameras were a good idea and would like the city to get as many cameras as possible. He suggested placing cameras on playgrounds and said they are a good deterrent on crime and could be used as evidence.
Mr. Broll asked where the monies would come from for the street improvement project. Mayor Fiedler advised they are discussing all possibilities including special assessment and raising taxes, but nothing has been decided.
Mr. Boll inquired about the Rolling Mill Project and what it would entail. Mr. Repp described the area and noted there would be some reconstruction streets, some sidewalks replaced, as well as utilities being replaced.
Mr. Broll asked if
Mayor Fiedler stated they would be ready to talk with the Rolling Mill neighborhood residents in late May concerning the project.
Adjournment -
With no further business to be discussed, the meeting adjourned at 8:14 P.M.