Mayor and City Council Meeting
Monday, January 9, 2017 - 7:00pm to 8:00pm

Agenda

TWENTY-FIFTH MEETING OF THE MAYOR AND CITY COUNCIL

MONDAY, JANUARY 9, 2017 – REGULAR – 7:00 P.M.

PLEASE NOTE: If you wish to be heard at this meeting please sign the speaker list provided on the table at the side of the Council Chamber.  The President has the right to limit the amount of time each speaker has for each agenda item.  Each speaker will have three minutes to speak for each agenda item.

 

  1. Call to order.
  2. Invocation – Reverend Warren H. Litchfield.
  3. Pledge of Allegiance.
  4. Roll call.
  5. Second public hearing with possible action on Ordinance No. 1896, Text Amendment No. 243, an ordinance amending the City of Laurel Unified Land Development Code, Article I "Zoning," Division 5 Zoning Districts”, Section 20-9.5 “Table of Industrial Uses” to make Tattoo Parlor/Body Piercing Studio a Special Exception use in the Industrial General Zone and amending ULDC, Article I, Division 10 “Special Exceptions” to add regulations pertaining to the operation of body art establishments in the City; and providing an effective date.
  6. Approval of Minutes of the Twenty-Fourth Meeting of Monday, December 12, 2016.
  7. Approval of Minutes of the Work Session on Wednesday, January 4, 2017.
  8. Report of the Mayor and City Council.
  9. Mayoral appointments/reappointments:

Kimberly Parker          Planning Commission

Mary-Eileen Leszcz    Board of Appeals

Maxene Bardwell        Ethics Commission

Eileen Collins              Youth Services Commission

Rhonda Whitley          Youth Services Commission

Craig Frederick           Youth Services Commission

  1. General Public Hearing.
  2. Consideration of a bid recommendation to award a contract for a Canteen/Rehab Vehicle Replacement.
  3. Second public hearing with possible action on Ordinance No. 1885, an ordinance to amend the City of Laurel Economic Development Program to expand the businesses that can apply for the Main Street Relocation Grant Program and to amend the Retail Storefront Façade Improvement Program to provide grants for certain exterior improvements, and to eliminate the Sign and Commercial Property Improvement Rebates from the Program; and providing an effective date.
  4. Second public hearing with possible action on Ordinance No. 1895, Map Amendment No. 866, an ordinance to approve Map Amendment Application No. 866 for rezoning of fragmented parcels, located at the intersection of Van Dusen Road and Westside Boulevard, Laurel, Maryland, consisting of 0.996 acres, identified as part of Parcel “D”, part of Parcel “E” and a portion of a State Highway Administration (SHA) Parcel and is part of the Westside Boulevard roadbed, for placement in the M-X-T Zone, of the City of Laurel Unified Land Development Code.
  5. Second public hearing with possible action on Ordinance No. 1897, an ordinance to amend the Code of the City of Laurel, Chapter 18 “Buildings and Building Regulations,” Article XII, Division 1 to regulate the parking and storage of boats in the City and to amend the title of Division .
  6. Second public hearing with possible action on Ordinance No. 1898, an ordinance amending Ordinance No. 1767 approving an amendment to the R02-01 Site and Landscape Plans for Park Place to remove a condition requiring Parcel C to be included in the Park Place Condominium Association.                                                      
  7.  Second public hearing with possible action on Resolution No. 8-16, a resolution of the Mayor and City Council of the City of Laurel, Maryland supporting the City’s participation in the Maryland Department of Housing and Community Development Main Street Affiliate Program and approving the City’s Application for the Program.
  8. Second public hearing with possible action on Resolution No. 9-16, a resolution approving the conversion of certain delinquent miscellaneous invoices to uncollected status ceasing collection efforts.
  9. Second public hearing with possible action on Resolution No. 10-16, a resolution to approve the Economic Development Tax Credit for Pro Spex, 606 Main Street, as provided for in Section 16-6 of the City of Laurel Code.
  10. Introduction and first public hearing on Ordinance No. 1899, an ordinance amending City Code, Chapter 8 “Licenses, Permits, and Business Regulations,” to add Article VII “Body Art Establishments.”
  11. Introduction and first public hearing on Ordinance No. 1900, Text Amendment No. 244, an ordinance amending the City of Laurel Unified Land Development Code, Section 20-9.5 to add Hotel/Motel uses in the I-RTP Zone.

Minutes

TWENTY-FIFTH MEETING OF THE MAYOR AND CITY COUNCIL

 

MONDAY, JANUARY 9, 2017 – REGULAR – 7:00 P.M.

 

 

 

The meeting was called to order at 7:00 p.m. with President Leszcz presiding.  Mayor Moe led the Pledge of Allegiance.  Roll was called with Craig A. Moe, Mayor; Michael R. Leszcz, Council President; Donna L. Crary, Councilmember; H. Edward Ricks, Councilmember; Valerie M.A. Nicholas, Councilmember and Frederick Smalls, Councilmember present.  Also present:  Marty Flemion, City Administrator; Kimberley A. Rau, MMC, Clerk; Jack Brock, Director of Economic and Community Development; Kevin Frost, Director of Information Technology; Joanne Barr, Director of Parks and Recreation; Dave Cope, Fire Marshall; Audrey Barnes, Director of Communications; Chief Richard McLaughlin, Police Department and Karen Ruff, City Attorney.  There was a public attendance of approximately 12 people.

 

President Leszcz read the title of Ordinance No. 1896, Text Amendment No. 243, an ordinance amending the City of Laurel Unified Land Development Code, Article I "Zoning," Division 5 Zoning Districts”, Section 20-9.5 “Table of Industrial Uses” to make Tattoo Parlor/Body Piercing Studio a Special Exception use in the Industrial General Zone and amending ULDC, Article I, Division 10 “Special Exceptions” to add regulations pertaining to the operation of body art establishments in the City; and providing an effective date, into the record for the second reading.  The public hearing was opened at 7:01 p.m.

 

            Jack Brock, Director of Economic and Community Development said Text Amendment Application No. 243- Ordinance No. 1896 was filed on November 1, 2016 by the Mayor and City Council of Laurel to amend the City of Laurel Unified Land Development Code, Article I “Zoning”, Division 5 “Zoning Districts”, Section 20-9.5 “Table of Industrial Uses” to make tattoo parlor/body piercing studio a special exception use in the Industrial General Zone and Amending ULDC, Article I, Division 10 “Special Exceptions” to add regulations pertaining to the operation of Body Art Establishments in the City; and providing an effective date.  On November 23, 2016 the proposed ordinance was sent to the Maryland Department of Planning for comment. No response was received.  The file contains a certificate of publication verifying that this application and public hearing was advertised as required by law in the December 15, 2016 edition of the Prince George’s Sentinel.  A memorandum from the City of Laurel Planning Commission to the Mayor and City Council, dated December 14, 2016 recommends approval of the text amendment as presented in the proposed ordinance.

 

            Mr. Brock offered a proposed amendment in Section 20.22.73.18, on page 9 under Sign Requirements that states that neither the establishment, nor the operator is licensed by the City of Laurel.  The sign shall have a white background with black lettering in all caps.

                                    

President Leszcz closed the public hearing opened at 7:05 p.m.

 

On motion by Councilmember Smalls, seconded by Councilmember Nicholas, ORDINANCE NO. 1896, TEXT AMENDMENT NO. 243, AN ORDINANCE AMENDING THE CITY OF LAUREL UNIFIED LAND DEVELOPMENT CODE, ARTICLE I "ZONING," DIVISION 5 ZONING DISTRICTS”, SECTION 20-9.5 “TABLE OF INDUSTRIAL USES” TO MAKE TATTOO PARLOR/BODY PIERCING STUDIO A SPECIAL EXCEPTION USE IN THE INDUSTRIAL GENERAL ZONE AND AMENDING ULDC, ARTICLE I, DIVISION 10 “SPECIAL EXCEPTIONS” TO ADD REGULATIONS PERTAINING TO THE OPERATION OF BODY ART ESTABLISHMENTS IN THE CITY; AND PROVIDING AN EFFECTIVE DATE, AS AMENDED, was adopted on a unanimous roll call vote.  Mayor Moe concurred with this action.

 

President Leszcz read the title of Ordinance No. 1895, Map Amendment No. 866, an ordinance to approve Map Amendment Application No. 866 for rezoning of fragmented parcels, located at the intersection of Van Dusen Road and Westside Boulevard, Laurel, Maryland, consisting of 0.996 acres, identified as part of Parcel “D”, part of Parcel “E” and a portion of a State Highway Administration (SHA) Parcel and is part of the Westside Boulevard roadbed, for placement in the M-X-T Zone, of the City of Laurel Unified Land Development Code, into the record for the second reading.  The public hearing was opened at 7:06 p.m.

 

Jack Brock, Director of Economic and Community Development said Map Amendment Application No. 866 was filed on October 19, 2016 to rezone fragmented parcels, located at the intersection of Van Dusen Road and West Side Boulevard, Laurel, Maryland, consisting of 0.996 acres, identified as part of Parcel “D”, Part of Parcel “E” and a portion of a State Highway Administration (SHA) parcel and is part of the West Side Boulevard roadbed, for placement in the M-X-T Zone, of the City of Laurel Unified Land Development Code.  Letters of notification, required by state law were mailed on November 4 and November 6, 2016.  Responses are included in the file.  On November 14, 2016 a notice of the filing of the application was sent to all contiguous property owners. All return receipts were received with the exception of three (3) property owners whose certified mail letter was either not collected or was unable to be delivered by the United States Post Office. The names of these owners have been made a part of the official record.  The file contains a certificate of publication verifying that both applications and the public hearing were advertised as required by law in the December 15, 2016 and December 22, 2016 editions of the Prince George’s Sentinel. A memorandum from the City of Laurel Planning Commission to the Mayor and City Council, dated December 14, 2016, recommended approval of the map amendment as presented in the Technical Staff Report and proposed ordinance.   

 

            Edward Gibbs, representing Strittmatter Land, is present with his client Blake Esherick.  He said the School Board parcel was deeded to the State Highway Administration and then deeded to his client as compensation.  Ultimately, the State Highway Administration didn’t need as much land as they originally thought they would need, so they gave his client the balance.

 

            Public hearing closed at 7:11 p.m.

 

On motion by Councilmember Ricks, seconded by Councilmember Crary, ORDINANCE NO. 1895, MAP AMENDMENT NO. 866, AN ORDINANCE TO APPROVE MAP AMENDMENT APPLICATION NO. 866 FOR REZONING OF FRAGMENTED PARCELS, LOCATED AT THE INTERSECTION OF VAN DUSEN ROAD AND WESTSIDE BOULEVARD, LAUREL, MARYLAND, CONSISTING OF 0.996 ACRES, IDENTIFIED AS PART OF PARCEL “D”, PART OF PARCEL “E” AND A PORTION OF A STATE HIGHWAY ADMINISTRATION (SHA) PARCEL AND IS PART OF THE WESTSIDE BOULEVARD ROADBED, FOR PLACEMENT IN THE M-X-T ZONE, OF THE CITY OF LAUREL UNIFIED LAND DEVELOPMENT CODE, was adopted on a unanimous roll call vote.  Mayor Moe concurred with this action.

 

On motion by Councilmember Ricks, seconded by Councilmember Crary, the Minutes of the Twenty-Fourth Meeting of Monday, December 12, 2016, were approved on a unanimous roll call vote. 

 

On motion by Councilmember Ricks, seconded by Councilmember Smalls, the Minutes of the Work Session on Wednesday, January 4, 2017, were approved on a unanimous roll call vote.

 

Under Report of the Mayor and City Council:

 

  • Happy New Year!
  • Menorah Lighting at Emancipation Park on Monday, December 26, 2016 at 4:00 p.m.  First event held at the new park.
  • Memorial Celebration for Dr. Martin Luther King, Jr. on Friday, January 13, 2017 at 4:00 p.m. at the Peace Pole.
  • Councilmember Ricks expressed his appreciation to the members of the Laurel Volunteer Rescue Squad for their assistance during a recent health care he experienced.
  • General Assembly Session starts on Wednesday, January 11, 2017.  Priorities Governor Hogan is introducing this session will deal with jobs creation and protecting our environment.  
  • Chesapeake Bay is the healthiest it has been in twenty years – all the efforts cleaning up the Bay is paying off.
  • Maryland Municipal League hosting an Opening Day Reception on Wednesday, January 11, 2017 starting at 5:00 p.m.
  • Governor Larry Hogan has declared Monday, January 9, 2017, POLICE OFFICER APPRECIATION DAY in the State of Maryland.

 

Mayoral appointments/reappointments:

 

Kimberly Parker          Planning Commission

Mary-Eileen Leszcz    Board of Appeals

Maxine Bardwell        Ethics Commission

Eileen Collins              Youth Services Commission

Rhonda Whitley          Youth Services Commission

Craig Frederick           Youth Services Commission

 

On motion by Councilmember Ricks, seconded by Councilmember Smalls, the Mayoral appointments/reappointments were confirmed on a unanimous roll call vote.

 

President Leszcz opened the General Public Hearing at 7:28 p.m.

 

Janet Brake, President of the Oaks on Main Street Homeowners Association is present to address three different issues.  First is the lack of parking enforcement on Main Street.  Cars are always parked illegally and too close to the driveway at 610 Main Street.  Speeding on Main Street is also an issue.  She would like to see something done to slow traffic down on Main Street.  Another issue is a lack of crossing on Seventh Street to the new library.  Final issue deals with an incident that occurred on August 14, 2016.  She said an off-duty Prince George’s County Police Officer accidently discharged his gun in one of the condo units causing damage to the subfloor, carpet, ceiling, door, etc.  Management Company was not informed and neither was the Condominium Association. 

 

Marty Flemion, City Administrator presented the bid recommendation to award a contract for a Canteen/Rehab Vehicle Replacement, as outlined in a memorandum dated

 

On motion by Councilmember Ricks, seconded by Councilmember Nicholas,

 

President Leszcz read the title of Ordinance No. 1885, an ordinance to amend the City of Laurel Economic Development Program to expand the businesses that can apply for the Main Street Relocation Grant Program and to amend the Retail Storefront Façade Improvement Program to provide grants for certain exterior improvements, and to eliminate the Sign and Commercial Property Improvement Rebates from the Program; and providing an effective date, into the record for the second reading.  The public hearing was opened at7:52 p.m. and closed with no one present who wished to speak.

 

On motion by Councilmember Crary, seconded by Councilmember Ricks, ORDINANCE NO. 1885, AN ORDINANCE TO AMEND THE CITY OF LAUREL ECONOMIC DEVELOPMENT PROGRAM TO EXPAND THE BUSINESSES THAT CAN APPLY FOR THE MAIN STREET RELOCATION GRANT PROGRAM AND TO AMEND THE RETAIL STOREFRONT FAÇADE IMPROVEMENT PROGRAM TO PROVIDE GRANTS FOR CERTAIN EXTERIOR IMPROVEMENTS, AND TO ELIMINATE THE SIGN AND COMMERCIAL PROPERTY IMPROVEMENT REBATES FROM THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE, was adopted on a unanimous roll call vote.  Mayor Moe concurred with this action.

 

At this time, the Youth Services Commission Chairman Monique Holland presented a check for $4785.00 to Joe Fisher, First Generation College Bound.  She said they will continue to accept applications from local non-profits and asked everyone to get the word out about the grant program.

 

President Leszcz closed the public hearing at 7:43 p.m.

 

President Leszcz read the title of Ordinance No. 1897, an ordinance to amend the Code of the City of Laurel, Chapter 18 “Buildings and Building Regulations,” Article XII, Division 1 to regulate the parking and storage of boats in the City and to amend the title of Division, into the record for the second reading.  The public hearing was opened at 7:53 p.m. and closed with no one present who wished to speak.

 

On motion by Councilmember Crary, seconded by Councilmember Ricks, ORDINANCE NO. 1897, AN ORDINANCE TO AMEND THE CODE OF THE CITY OF LAUREL, CHAPTER 18 “BUILDINGS AND BUILDING REGULATIONS,” ARTICLE XII, DIVISION 1 TO REGULATE THE PARKING AND STORAGE OF BOATS IN THE CITY AND TO AMEND THE TITLE OF DIVISION, was adopted on a unanimous roll call vote.  Mayor Moe concurred with this action.

 

President Leszcz read the title of Ordinance No. 1898, an ordinance amending Ordinance No. 1767 approving an amendment to the R02-01 Site and Landscape Plans for Park Place to remove a condition requiring Parcel C to be included in the Park Place Condominium Association, into the record for the second reading.  The public hearing was opened at 7:54 p.m. and closed with no one present who wished to speak.

 

On motion by Councilmember Ricks, seconded by Councilmember Crary, ORDINANCE NO. 1898, AN ORDINANCE AMENDING ORDINANCE NO. 1767 APPROVING AN AMENDMENT TO THE R02-01 SITE AND LANDSCAPE PLANS FOR PARK PLACE TO REMOVE A CONDITION REQUIRING PARCEL C TO BE INCLUDED IN THE PARK PLACE CONDOMINIUM ASSOCIATION, was adopted on a unanimous roll call vote.  Mayor Moe concurred with this action.

                                                      

President Leszcz read the title of Resolution No. 8-16, a resolution of the Mayor and City Council of the City of Laurel, Maryland supporting the City’s participation in the Maryland Department of Housing and Community Development Main Street Affiliate Program and approving the City’s Application for the Program, into the record for the second reading.  The public hearing was opened at 7:56 p.m.

 

On motion by Councilmember Ricks, seconded by Councilmember Smalls, RESOLUTION NO. 8-16, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF LAUREL, MARYLAND SUPPORTING THE CITY’S PARTICIPATION IN THE MARYLAND DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT MAIN STREET AFFILIATE PROGRAM AND APPROVING THE CITY’S APPLICATION FOR THE PROGRAM, was adopted on a unanimous roll call vote.  Mayor Moe concurred with this action.

 

President Leszcz read the title of Resolution No. 9-16, a resolution approving the conversion of certain delinquent miscellaneous invoices to uncollected status ceasing collection efforts, into the record for the second reading.  The public hearing was opened at 7:57 p.m. and closed with no one present who wished to speak.

 

On motion by Councilmember Smalls, seconded by Councilmember Nicholas, RESOLUTION NO. 9-16, A RESOLUTION APPROVING THE CONVERSION OF CERTAIN DELINQUENT MISCELLANEOUS INVOICES TO UNCOLLECTED STATUS CEASING COLLECTION EFFORTS, was adopted on a unanimous roll call vote.  Mayor Moe concurred with this action. 

 

President Leszcz read the title of Resolution No. 10-16, a resolution to approve the Economic Development Tax Credit for Pro Spex, 606 Main Street, as provided for in Section 16-6 of the City of Laurel Code, into the record for the second reading.  The public hearing was opened at 7:58 p.m. and closed with no one present who wished to speak. 

 

On motion by Councilmember Crary, seconded by Councilmember Nicholas, RESOLUTION NO. 10-16, A RESOLUTION TO APPROVE THE ECONOMIC DEVELOPMENT TAX CREDIT FOR PRO SPEX, 606 MAIN STREET, AS PROVIDED FOR IN SECTION 16-6 OF THE CITY OF LAUREL CODE, was adopted on a unanimous roll call vote.  Mayor Moe concurred with this action.

 

President Leszcz read the title of Ordinance No. 1899, an ordinance amending City Code, Chapter 8 “Licenses, Permits, and Business Regulations,” to add Article VII “Body Art Establishments”, into the record for the first reading.  The public hearing was opened at 7:59 p.m. and closed with no one present who wished to speak.  A second public hearing with possible action is scheduled for the Mayor and City Council Meeting on Monday January 23, 2017 at 7:00 p.m.

 

President Leszcz read the title of Ordinance No. 1900, Text Amendment No. 244, an ordinance amending the City of Laurel Unified Land Development Code, Section 20-9.5 to add Hotel/Motel uses in the I-RTP Zone, into the record for the first reading.  The public hearing was opened at 8:00 p.m. and closed with no one present who wished to speak.  A second public hearing with possible action is scheduled for the Mayor and City Council Meeting on Monday, January 23, 2017 at 7:00 p.m.

 

There being no further business to come before the Mayor and City Council the meeting was adjourned at 8:01 p.m.

 

 

                                                                                    ______________________________

                                                                                    Kimberley A. Rau, MMC

                                                                                    Clerk to the Council

 

 

Approved:

 

 

______________________________

Kimberley A. Rau, MMC

Clerk to the Council

 

Video