Mayor and Council Meeting, 6/7/2010

CITY OF GAITHERSBURG
MINUTES OF A REGULAR CITY COUNCIL MEETING
MONDAY, JUNE 7, 2010

A meeting of the Mayor and City Council was called to order at 7:30 p.m., Mayor Katz presiding.  Council Members present: Ashman, Drzyzgula, Marraffa, Sesma and Spiegel.  Staff present: City Manager Jones, Deputy City Manager Tomasello, Finance and Administration Director Belton, Planning and Code Administration Director Ossont, Public Works Director Arnoult, Planners Marsh and Voigt, Parks, Recreation and Culture Director Potter, Intergovernmental Affairs Coordinator Sanchez, City Attorney Board and Municipal Clerk Stokes.  Commissioners present for joint public hearing:  Bauer and Levy.

The Pledge was led by Dee Aronson, Gaithersburg resident.

In lieu of an invocation, Mayor Katz called for a moment of silence.

Motion was made by Council Member Ashman, seconded by, Council Member Sesma, that the minutes of the Mayor and Council work session held April 12, 2010, be approved.

Vote:  5-0

Motion was made by Council Member Drzyzgula, seconded by, Council Member Marraffa, that the minutes of the Mayor and Council regular meeting held May 3, 2010, be approved.

Vote:  5-0

1. Resolution of the Mayor and City Council Approving the Personnel Rules and Regulations of the City of Gaithersburg as Amended
   
   The Mayor and City Council approved the City’s Personnel Rules & Regulations Manual effective July 1, 2009, (concurrent with Fiscal Year 2010).  It was established that the Mayor and City Council would approve the Personnel Rules & Regulations Manual annually incorporating all changes made by the City Manager during the previous fiscal year to carry out the effective and efficient operation of the City.  All employees are notified in writing when revisions occur and the on-line version of the Manual is made available on the City’s website.  Staff recommended the approval of the Personnel Rules & Regulations of the City of Gaithersburg as amended, effective July 1, 2010, concurrent with Fiscal Year 2011.  The rules, regulations, policies, and procedures contained in the Manual as of July 1, 2010, replace and supersede all previous versions of the same.
   
   
2. Resolution of the Mayor and City Council Authorizing the City Manager to Enter into a Contract to Provide Medical Insurance to Qualified Employees
   
   For the past two years, the City contracted to participate with the Metropolitan Washington Council of Governments Health Care Coalition to provide medical insurance to qualified City employees. After an initial quote from the current health care provider, the Coalition bid out the health care contract for FY 2011.  The bid process (leaving the current plan design unchanged) yielded a 17 percent increase.  After reviewing other options for medical care, staff recommended that the City participate in the Maryland Local Government Health Cooperative, a program offered through the Local Government Insurance Trust (LGIT), which has partnered with CIGNA Healthcare and BENECON Benefits & Consulting Group to provide medical care coverage to Maryland local government employees and officials.  Participating in the Cooperative and implementing some creative plan design changes will enable the City to improve medical care benefits for employees at no increased cost to the City.  This resolution authorized the City Manager to enter into a contract with the Local Government Insurance Trust to provide medical insurance coverage for City employees in FY 2011.
   
   
3. Resolution of the Mayor and City Council Authorizing the City Manager to Enter into a Contract for the Purchase and Installation of a Replacement Shop Lift
   
   This resolution authorized the City Manager to enter into a contract for the above purchase and service from B & R Associates, 7954 Cessna Avenue, Gaithersburg, Maryland 20879, in the amount of One Hundred Twenty-One Thousand Five Hundred Eighty Dollars ($121,580); said funds to be expended from the Capital Improvement Budget.
   
   
4. Resolution of the Mayor and City Council Authorizing the City Manager to Negotiate and Execute a Contract for the Hardscape Work at the Gaithersburg Latitude Observatory
   
   This resolution authorized the City Manager to award a contract for the above service to Olney Masonry Corporation, 6701 Ammendale Road, Beltsville, Maryland 20705, in the estimated amount of Sixty-Five Thousand Five Hundred Eighty Dollars ($65,580); said funds to be expended from the Capital Improvement Budget

Motion was made by Council Member Sesma, seconded by, Council Member Marraffa, that the Consent Agenda (Resolution Nos. R-35-10 and R-38-10), be approved.

Vote:   5-0

Resolution Confirming an Appointment by the Mayor to the Economic and Business Development Committee 

This resolution confirmed an appointment to the Economic and Business Development Committee:  Tracie G. Seward, 234 North Summit Avenue, Gaithersburg, Maryland 20877, three-year term.

Motion was made by Council Member Ashman, seconded by, Council Member Spiegel, that a RESOLUTION CONFIRMING AN APPOINTMENT BY THE MAYOR TO THE ECONOMIC AND BUSINESS DEVELOPMENT COMMITTEE (Resolution No. R-39-10), be approved.

Vote:  5-0

1. Presentation from the District 17 Delegation on the 2010 Legislative Session
   
   Intergovernmental Affairs Coordinator Sanchez highlighted the City’s legislative agenda which included the following:
   
   
   1. Passage of statewide legislation that will require a driver cited for a traffic violation to either pay the fine or request a trial within 30 days of a citation being issued. This measure will reduce the City’s overtime court costs, allow for effective deployment of our officers and lead to greater court efficiency. This bill will take effect on January 1, 2011.
      
      
   2. Bond bill for Identity, LLC.  This project received a total of $130,000 in State Bond Bill funding.
      
      
   3. Smart, Green, and Growing – The Sustainable Communities Act of 2010 (formerly the MD Heritage Structure Rehabilitation Tax Credit Program). This program will take effect on June 1, 2010 and will sunset on July 1, 2014.
      
      
   Ms. Sanchez introduced and thanked the District 17 Delegation for their support and commitment to Gaithersburg.  Also, thanked the Maryland Municipal League staff for their efforts to pursue the interest of all municipalities throughout the State of Maryland.  She also thanked the City’s legislative consultant Larry Levitan, stating that it was a team effort.
   
   Delegate Kumar Barve complimented Ms. Sanchez for her professional work.  Gave a broad overview of what happened with the State of Maryland.  As a result of the recession, the State had to reduce monies spent without damaging priorities such as education.  Reported that the State was able to balance their budget.  Funding for education K-12 had been maintained and it was made possible for Gaithersburg to levy fees on hotel rooms.
   
   Delegate Jim Gilchrist mentioned particulars in the budget such as: 1) Environment – prohibited certain components to be marketed to children; and 2) Education – serve on the Ways and Means Committee that sponsored the safe schools bill which targets gangs and seeks to have safer schools and put in binding arbitrations which gives teachers a better workplace to settle disagreements.
   
   Senator Jennie Forehand stated she is proud to represent Gaithersburg.  Several issues were discussed and some new regulations were put in place to protect families from foreclosures and provide face-to-face meetings with lenders, sought to ban cell phone texting and reading while driving, Jessica’s law resulting from the death of Sarah Foxwell and passing a required mandatory minimum sentence of 25 years in state prison, and a bill which makes it easier to prosecute gang members and protect those in witness protection programs.  In addition, the Senate passed a bill that changes the way ticket citations are processed in the court system.
   
   The Mayor and City Council thanked Ms. Sanchez and the District 17 Delegation for their hard work during difficult financial times.
   
   
2. Certificates of Appreciation Presented to the Gaithersburg Book Festival Committee
   
   Council Member Ashman joined Mayor Katz at the podium to recognize and thank the committee members and staff for their efforts.
   
   The first annual Gaithersburg Book Festival held on May 15, 2010, was our County's premier literary event, and may become the premier event of the region. Without the dedicated and hard working committee of volunteers, the event could not have been such a phenomenal success.  Festival attendees enjoyed presentations by over fifty authors including a 2010 Pulitzer Prize winner; a Rhodes Scholar/White House Fellow turned inspiring writer; popular sports columnists; best-selling novelists; award-winning children's authors and more.  Hard work brought about coverage in the Washington Post, News Channel 8, Comcast Local Edition, Verizon Fios TV, the Gazette, Washingtonian Magazine, Bethesda Magazine, Washington Parent Magazine, the Gazette, the Town Courier, countless blogs and online book groups.
   
   Many committee members participated in the Festival’s sponsorship campaign to reach a level of cash contributions equaling the basic operating costs of the festival.  In-kind sponsorships were also a major source of support, providing important services that otherwise could not have been afforded. Several committee members were themselves Gaithersburg Book Festival sponsors, making personal and/or business contributions to the festival.   Committee members consist of the following persons:  Dee Aronson, Joel Aronson, Sarah Benson, Heidi Bishop, Sonya Burke, Jon Cohen, Robin Ferrier, Marilyn Gilbert, Christine Koubek, Becky Meloan, Bob Murphy, Amgad Naguib, Gail Norris, Marion Perry, Laura Rowles, Maryland State Delegate Luiz Simmons, Harold Wooten and Tabatha A. Yeatts.
   
   
3. Certificate of Appreciation Presented to Gary Trojak, Board of Appeals
   
   The Mayor and City Council thanked Mr. Trojak for his dedicated service to the City.  He was appointed as an alternate to the Board of Appeals in September 1998 and became a full member in February 2001.  He has been a valuable member to the Board of Appeals for 12 years and a resident of Gaithersburg for more than 20 years.

VII. PUBLIC APPEARANCES

            No speakers from the public.

Council Member Sesma

1. Announced that a closed executive session was held at City Hall by the Mayor and City Council of Gaithersburg on Monday, May 17, 2010, at approximately 9:30 p.m., pursuant to a motion adopted unanimously during the scheduled regular meeting.  The meeting was closed pursuant to the State Government Article of the Annotated Code of Maryland, Section 10-508(a)(1)(i) to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction. The topic discussed was the annual performance evaluation of the City Attorney.  Present at the meeting were Mayor Katz, Council Members Ashman, Drzyzgula, Marraffa, Sesma and Spiegel, City Manager Jones and City Attorney Board (left at 9:55 p.m.).  Upon conclusion of the discussions, the closed meeting was adjourned at approximately ­­­10:15 p.m.
   
   
2. Provide information for the City’s Annual Kentlands 5K Race scheduled for September 4th.  Registration is now open, but limited to the first 1,500.  The Fun Run for kids is limited to the first 300.  Proceeds will benefit the Delores Swoyer Scholarship Fund for the City’s Summer Camps.
   
   
3. Congratulated the graduates from Gaithersburg High School, Quince Orchard High School and other area schools.
   
   
4. Acknowledged the great success organizing the Gaithersburg Book Festival and thanked the many volunteers.
   
   
5. Expressed thanks to the District 17 Delegation.
   
   
6. Thanked Gary Trojak for his service to the City and the best to his wife who is retiring from teaching at Diamond Elementary School.

Council Vice President Drzyzgula

1. Announced a vacancy on Board of Appeals.  Letters of interest and resumes are due by 5 p.m. on August 2, 2010.
   
   
2. Attended the City’s Memorial Day ceremony and thanked staff and those that participated.
   
   
3. Attended the Chesapeake Bay Water Quality Committee meeting at the Council of Governments and toured several green roofs in Washington, D.C.  Discuss Senator Cardin’s bill to implement more quality measures for the Bay which is supported by the committee, but funding is a concern.  Received a presentation on the pollution contribution of turf grass and the importance of caring for your lawns.  Update was received on the oil spill in the Gulf and the impact on the Chesapeake Bay.  It was concluded that the currents would probably take the oil away from the Bay.
   
   
4. Mentioned that comments had been received on the City’s difficult Budget process.  Stated that the current Mayor and City Council had been cutting back for years and ensured a decrease in spending.  Stated that with revenue down and outside funding decreasing, certain fee increases and cuts had to happen to maintain various core services and great facilities.

Council Member Marraffa

1. Mentioned the honorable Memorial Day ceremony and thanked staff.
   
   
2. Complimented the FIOS installation by Verizon in his neighborhood.
   
   
3. Stated he is working with Deputy City Manager Tomasello to introduce various businesses to banking representatives in Gaithersburg.
   
   
4. Attended several Quince Orchard High School musicals and congratulated the students on their exceptional talent.

Council Member Spiegel

1. Echoed congratulation and thanks on the events mentioned above.
   
   
2. Commented on the City’s Budget stating that the process was very challenging and most difficult, but numerous opportunities were given for public input.  Stated he would have preferred additional cuts and possible a reduction of the tax rate increase, but feels that the proposed budget represents a compromise to solve short and long term problems to seek stability.  Thanked City Manager Jones and staff for their efforts to find savings.
   
   
3. Mentioned his wife Rachael will display her photography along with other artist at the Kentlands Mansion.
   
   
4. Announced the Gaithersburg’s OnStage summer entertainment series.  For more information call 301-258-6350 or visit the City’s website for a complete listing at www.gaithersburgmd.gov/onstage.
   

Council Member Ashman

1. Announced the City committee vacancies and encouraged residents to get involved.
   
   
2. Expressed the honor to recognize the Gaithersburg Book Festival Committee earlier in the meeting.  He thanked the Mayor and City Council, staff and many volunteers for making the event wonderful.
   
   
3. Gave a reminder to residents to sign-up for Alert Gaithersburg, emergency notification system.
   
   
4. Concurred with his colleagues on their comments earlier regarding the City’s Budget.  Agreed that it had been a difficult process and the increase of the property tax rate was not taken lightly but was necessary due to declining assessments, revenue, development, and funding from the State and County.  Reported that Gaithersburg has the lowest tax rate of any of the 20 municipalities in Maryland.  Commended City Manager Jones and staff for their hard work to find and recommend cuts.

Mayor Katz

Announced the following meeting schedule:

• work session on Monday, June 14, 2010, to discuss the Mayor and City Council Packet Process and Office Space and City’s Ethics Ordinance.  Prior to the meeting, the Mayor and City Council will receive computer training.
  
  
• next regular meeting on Monday, June 21, 2010, 7:30 p.m., at City Hall

IX. FROM THE CITY MANAGER

Reported that staff met with members from the Kentlands Downtown Partnership (KDP) and the Kentlands Citizens Foundation (KFC) for project assistance.  The City appropriated $50,000 in FY’10 to address several outstanding economic development issues in the Kentlands.  Reported that $15,000 was spent with $35,000 remaining.  Due to the numerous snow storms, discretionary spending was put on hold.  Representatives from the above groups made a request to use funds for signage efforts, support for web development, promote branding ideas, lighting around trees, and a permanent bandstand.  The representatives were told that the City would not take the lead on signage and City resources could not be used for web development, but staff would explore other options to promote branding ideas.  The City asked the groups to come back with recommendations for their lighting request and signage for further discussion.  Also, the City did commit to work with the State to get an update and follow-up on those signage issues which would be State funded.  In regards to the bandstand request, staff felt more had to be done to determine cost, maintenance, and benefits.  

X. ECONOMIC DEVELOPMENT UPDATE

Deputy City Manager Tomasello

1. Reported he has received calls from his peers commending the Mayor and City Council and City Manager and expressed amazement by the level of foresight shown on the funding for economic development.
   
   
2. Reported that a joint meeting was held between the Olde Towne Advisory Council and the Economic and Business Development Committee.  Council Liaisons Drzyzgula and Sesma both attended the meeting.  Both groups learned much about one another’s agenda.
   
   
3. Stated that the Economic Development Toolbox was created in late 2009 and staff had been gathering feedback.  Staff is seeking to move forward to make several modifications to the guidelines and to broaden the availability of funds.  Staff is requesting to increase the income limit for training funds for individuals, offer Americans with Disabilities Act matching funds to new or expanding businesses and/or long term vacancies to make them more leasable.  Katz questioned the vacancy and proposed a discussion on the timeframe.  Staff is proposing the upgrade of utilities to the Enterprise Zone to accommodate new or expanding businesses.  Also, remove prohibition to allow existing restaurant to move to the Enterprise Zone and cut timing from two years to one year for all uses within the Zone.
   
   
4. Reported that a second lease had been signed at the accelerator building and move in is scheduled for September with a six-year lease.  Stated that half the building has been leased.  Signage for the exterior of the building is in place and press releases will be done.

XI. ORDINANCES, RESOLUTIONS, AND REGULATIONS

1. An Ordinance to Adopt the City Budget for the Fiscal Year July 1, 2010 Through June 30,  2011 and Levying an Ad Valorem Tax on all Assessable Property Within the City of Gaithersburg, Maryland
   
   The budget public hearing was held on May 3, 2010.  During the public hearing, the Mayor and City Council voted to close the record on May 17, 2010, 5 p.m.  The ordinance would establish the City budget, which provides a complete financial plan, including anticipated revenues and proposed expenditures for the Fiscal Year 2010-2011.  The ordinance also institutes an ad valorem tax on all assessable property within the City of Gaithersburg, Maryland.  The ad valorem tax has been set at a rate of $.2620 on each $100 of assessed value of real property and $.53 on each $100 of assessed value of personal property.
   
   Council Member Sesma commended City Manager Jones and staff on a tough budget and stated that the City had to cut 10 percent from the Operating Budget due to the decrease from State and county funding.  He thanked the public for their input to find ways to economize and maintain core services and continue to grow and move into the future. 
   
   Council Member Marraffa expressed appreciation for staff efforts and input from the public.  Reported that the City went from a budget of $53M to $44M and the City had to be realist on the economy and implement a five-year plan.  Stated he regrets the fee increase to non- residents that use the Senior Center, but due to County cuts, the decision had to be made.  Added that the increased tax rate was necessary.
   
   Council Vice President Drzyzgula added to her comments made earlier and mentioned that the budget does not include fees for bulk and loose leaf pick-up.  Again, she thanked staff from all the departments for their tremendous efforts.
   
   Mayor Katz publicly thanked staff on a job well done.
   
   

   Motion was made by Council Member Sesma, seconded by, Council Member Marraffa, that AN ORDINANCE TO ADOPT THE CITY BUDGET FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30,  2011 AND LEVYING AN AD VALOREM TAX ON ALL ASSESSABLE PROPERTY WITHIN THE CITY OF GAITHERSBURG, MARYLAND (Ordinance No. O-8-10), be approved.
   
   Vote: 5-0

2. Establishing a Constant Yield Tax Rate for the City of Gaithersburg for the Fiscal Year July 1, 2010 through June 30, 2011
   
   In order to comply with state law, a public hearing is required if the tax rate proposed for the fiscal year exceeds the Constant Yield Tax Rate.  The City of Gaithersburg is proposing a tax rate of $.2620, which will exceed the $.2048 Constant Yield Tax Rate.  On April 19, 2009, notification of a public hearing on the Constant Yield Tax Rate was announced for May 3, 2010.  A public hearing was held on that date.  During the hearing, the Mayor and City Council voted to close the record on May 17, 2010 at 5 p.m.  No comments were received.
   
   Staff requested the Mayor and City Council vote to set the Constant Yield Tax Rate at $.2620 to become effective July 1, 2010.
   
   

   Motion was made by Council Member Ashman, seconded by, Council Member Drzyzgula, that the CITY COUNCIL VOTE TO SET THE CONSTANT YIELD TAX RATE AT $.2620, TO BECOME EFFECTIVE JULY 1, 2010.
   
   Vote: 5-0

3. Resolution Codifying and Updating a Schedule of Fees, Charges, Fines and Forfeitures as Provided for in the Ordinances of the City of Gaithersburg
   
   During the FY 2010 Mayor and City Council retreat, staff was asked to provide a comprehensive schedule of fees levied by the City of Gaithersburg for review and approval as part of the budget process.  By adoption of this resolution, all fees, charges, fines and forfeitures of the City are established for FY 2011. 
   
   Council Member Marraffa suggested making permits easier to obtain due to the hourly rates of contractors.
   
   

   Motion was made by Council Member Marraffa, seconded by, Council Member Sesma, that a RESOLUTION CODIFYING AND UPDATING A SCHEDULE OF FEES, CHARGES, FINES AND FORFEITURES AS PROVIDED FOR IN THE ORDINANCES OF THE CITY OF GAITHERSBURG (Resolution No. R-40-10), be approved.
   
   Vote:  5-0

4. An Ordinance to Amend Chapter 14 of the City Code  Entitled “Motor Vehicles and Traffic” to Add Section 14-5.1 Entitled “Speed Monitoring Systems
   
   In October 2009, the Maryland Senate Bill 277 became law.  As part of that law the local jurisdictions who wish to use speed camera technology must first adopt legislation authorizing its use.  The proposed legislation was introduced April 19, 2010 during which the Mayor and Council provided guidance to go to public hearing.  The hearing was held on May 17, 2010 and the record was held open until Thursday May 27, 2010 at 5:00 PM.  There have been no public submissions to the record.
   
   

   Motion was made by Council Member Drzyzgula, seconded by, Council Member Sesma, that AN ORDINANCE TO AMEND CHAPTER 14 OF THE CITY CODE ENTITLED “MOTOR VEHICLES AND TRAFFIC” TO ADD SECTION 14-5.1 ENTITLED “SPEED MONITORING SYSTEMS (Ordinance No. O-9-10), be adopted.
   
   Vote:  5-0

5. Resolution of the Mayor and City Council to Amend Section 11 of the City Charter Entitled “Ordinances-Procedures for Adoption; Veto Power of Mayor, Effective Date; Emergency Ordinances; Publication of Notice of Adoption; Certain Requirements for Ordinance Adoptions by Resolution
   
   This Resolution would amend Section 11 of the City Charter to delete the requirement that the method of publication of notice of hearings and the substance of proposed ordinances be by advertisement in a newspaper of general circulation in the city.  Public hearing was held on May 17, record closed on May 24, 2010 at 5 p.m.
   
   

   Motion was made by Council Member Spiegel, seconded by, Council Member Marraffa, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL TO AMEND SECTION 11 OF THE CITY CHARTER ENTITLED “ORDINANCES-PROCEDURES FOR ADOPTION; VETO POWER OF MAYOR, EFFECTIVE DATE; EMERGENCY ORDINANCES; PUBLICATION OF NOTICE OF ADOPTION; CERTAIN REQUIREMENTS FOR ORDINANCE ADOPTIONS BY RESOLUTION (Resolution No. CA-1-10), be approved.
   
   Vote:  5-0

6. Resolution of the Mayor and City Council to Amend Section 41 of the City Charter Entitled “Same-Public Hearing; Changes; Vote Required for Adoption” to Establish Publication Requirements for Budget Adoptions by Resolution
   
   This Resolution would amend Section 41 of the City Charter to delete the requirement that the method of publication of notice of hearings on the budget be by advertisement in a newspaper of general circulation in the City.  Public hearing was held on May 17, record closed on May 24, 2010 at 5 p.m.
   
   

   Motion was made by Council Member Sesma, seconded by, Council Member Spiegel, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL TO AMEND SECTION 41 OF THE CITY CHARTER ENTITLED “SAME-PUBLIC HEARING; CHANGES; VOTE REQUIRED FOR ADOPTION” TO ESTABLISH PUBLICATION REQUIREMENTS FOR BUDGET ADOPTIONS BY RESOLUTION (Resolution No. CA-2-10), be approved.
   
   Vote:  5-0

7. Resolution of the Mayor and City Council to Amend Section 74 of the City Charter Entitled “Same-Procedures” to Establish Publication Requirements for Special Assessments by Resolution
   
   This Resolution would amend Section 74 of the City Charter to delete the requirement that the method of publication of notice of hearings on the levy of special assessments be by advertisement in a newspaper of general circulation in the City.  Public hearing was held on May 17, record closed on May 24, 2010 at 5 p.m.
   
   

   Motion was made by Council Member Drzyzgula, seconded by, Council Member Sesma, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL TO AMEND SECTION 74 OF THE CITY CHARTER ENTITLED “SAME-PROCEDURES” TO ESTABLISH PUBLICATION REQUIREMENTS FOR SPECIAL ASSESSMENTS BY RESOLUTION (Resolution No. CA-3-10), be approved.
   
   Vote: 5-0

8. Resolution of the Mayor and City Council to Amend Section 78 of the City Charter Entitled “Oath of Office for Certain City Officers” to Revise Oath Language for Future Use by Resolution
   
   This Resolution would amend Section 78 of the City Charter to add to the oath of office taken by the mayor, the council members, the city manager and the members of the board of supervisors of elections language that they would execute their office according to the City Charter and Code.  Public hearing was held on May 17, record closed on May 24, 2010 at 5 p.m.
   
   

   Motion was made by Council Member Marraffa, seconded by, Council Member Spiegel, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL TO AMEND SECTION 78 OF THE CITY CHARTER ENTITLED “OATH OF OFFICE FOR CERTAIN CITY OFFICERS” TO REVISE OATH LANGUAGE FOR FUTURE USE BY RESOLUTION (Resolution No. CA-4-10), be approved.
   
   Vote: 5-0

9. An Ordinance to Repeal and Reenact with Amendments Section 1-2 of Chapter 1 of the City Code Entitled “Definitions and Rules of Construction”
   
   This Ordinance would amend Section 1-2 of the City Code to add a definition for terms published and publication to mean “Posting the notice on the City’s website or other means of electronic communication readily available to the public and at a convenient public location at or near the place of meeting.”  This new definition would allow the City to post notices of public hearings via its website instead of placing notices in newspapers of general circulation in the City.  Public hearing was held on May 17, record closed on May 24, 2010 at 5 p.m.
   
   

   Motion was made by Council Member Drzyzgula, seconded by, Council Member Sesma, that AN ORDINANCE TO REPEAL AND REENACT WITH AMENDMENTS SECTION 1-2 OF CHAPTER 1 OF THE CITY CODE ENTITLED “DEFINITIONS AND RULES OF CONSTRUCTION” (Ordinance No. O-10-10), be adopted.
   
   Vote:  5-0

10. An Ordinance of the Mayor and City Council to Repeal and Reenact with Amendments Section 5 of Chapter 17 of the City Code Entitled “Classification Plan”
    
    This Ordinance would amend Section 17-5 of the City Code to delete the grandfather clause in this section of the Code for unclassified employees hired or appointed after June 30, 2009.  This amendment would make this section of the Code consistent with the recent amendment of Section 17-9 of the City Code so that all unclassified employees would serve at the pleasure of the City Manager.  Public hearing was held on May 17, record closed on May 24, 2010 at 5 p.m.
    
    

    Motion was made by Council Member Ashman, seconded by, Council Member Marraffa, that AN ORDINANCE OF THE MAYOR AND CITY COUNCIL TO REPEAL AND REENACT WITH AMENDMENTS SECTION 5 OF CHAPTER 17 OF THE CITY CODE ENTITLED “CLASSIFICATION PLAN” (Ordinance No. O-11-10), be adopted.
    
    Vote:  5-0

11. Introduction of an Ordinance to Amend Chapter 19 of the City Code Entitled  “Streets and Sidewalks”, Section 19-15 Standards and Specifications
    
    The proposed amendments to Chapter 19, of the City Code entitled “Streets and Sidewalks”; Section 19-15 Standards and Specifications would allow greater flexibility with road materials, design criteria and standards. The amendments would also permit the use of soil cement.  The City Code currently requires paving materials and road design criteria for new City streets to conform to Montgomery County Standards, and new construction in State right of ways to conform to State standards.
    
    

    Motion was made by Council Member Ashman, seconded by, Council Member Sesma, that the above Ordinance, be introduced and scheduled for public hearing on Monday, June 21, 2010.
    
    Vote:    5-0

12. Introduction of an Emergency Ordinance to Amend Chapter 8 of the City Code  Entitled Stormwater Management Act
    
    This Ordinance would create an administrative waiver process that would be more flexible and clarification on technical waivers for phased stormwater management projects and infill development.   
    
    

    Motion was made by Council Member Marraffa, seconded by, Council Member Drzyzgula, that the above Emergency Ordinance, be introduced and scheduled for public hearing and final action on Monday, June 21, 2010.  If adopted, the Emergency Ordinance will become effective immediately.
    
    Vote:    5-0

MAYOR KATZ RECESSED THE MAYOR AND COUNCIL MEETING AT 9:15 P.M.
FOR A HISTORIC DISTRICT COMMISSION MEETING. THE MAYOR AND
COUNCIL MEETING RECONVENED AT   9:16   P.M.

XII. PUBLIC HEARINGS

City Attorney Board explained that due to no quorum of the Planning Commission, those in attendance would participate in the joint public hearings, but the records would be left open for the Commission to take action at their next meeting.

1. Joint – T-395, An Ordinance of the Mayor and City Council to Repeal and Reenact with Amendments Section 188 of Chapter 24 of City Code Entitled “General Requirements and Procedures”
   
   This proposed Ordinance would amend Section 24-188 of the City Charter to delete the requirement that the method of publication of notice of hearings before the Board of Appeals be by advertisement in a newspaper of general circulation in the City.
   
   There were no speakers from the public.
   
   The Planning Commission deferred taking action until their meeting on July 7, 2010.
   
   

   Motion was made by Council Member Ashman, seconded by Council Member Drzyzgula, that the Mayor and City Council hold the record on the above open indefinitely.
   
   Vote:    5-0

2. Joint - T- 396, An Ordinance of the Mayor and City Council to Repeal and Reenact with Amendments Section 228.1 of Chapter 24 of the City Code Entitled “Historic Area Work Permit; Application Procedures”
   
   This proposed Ordinance would amend Section 24-228.1 of the City Charter to delete the requirement that the method of publication of notice of hearings to obtain Historic Area Work Permits be by advertisement in a newspaper of general circulation in the City.
   
   There were no speakers from the public.
   
   The Planning Commission deferred taking action until their meeting on July 7, 2010.
   
   

   Motion was made by Council Member Drzyzgula, seconded by Council Member Spiegel, that the Mayor and City Council hold the record on the above open indefinitely.
   
   Vote:    5-0

3. Joint – T-397, An Ordinance to Amend Chapter 24 of the City Code (City Zoning Ordinance), Article III, Entitled, “Regulations Applicable to Particular Zones”, Division 11, “C-1 Zones, Local Commercial” § 24-111, entitled, “Uses Permitted by Right,” to Create Subsection § 24-111(14) to Establish Automobile Filling Station as a Permitted Use in the C-1 Zone
   
   Planning and Code Administration Director Ossont stated that the property located at 12175 Darnestown Road was a legally non-conforming use as a filing station following a code amendment to the C-1 Zone.  Once the non-conforming use ceased for a period of more than 90 days, the reuse of the property as a filling station was no longer permitted.  He mentioned that there are only three other properties in the City that retain C-1 Zoning.  The proposed development standards would effectively preclude two of the properties from operating as a filling station, allowing only the Darnestown and Quince Orchard Boulevard sites as viable filling station sites.  He noted that the Quince Orchard Boulevard Property is existing office condominiums with no near or long term plans to redevelop.  In order to avoid and ‘spot zoning’ issues, staff recommended that the Mayor and City Council approve the text amendment and the said property would be reviewed in more detail as part of a comprehensive rezoning.
   
   Speaker from the public: Yum Yu Cheng, Esq., Linowes and Blocher, LLP, expressed support for Zoning Text Amendment stating it would be beneficial to the City as it would allow the reuse of a boarded up site to become an appropriate and compatible use.
   
   There were no other speakers from the public.
   
   The Planning Commission deferred taking action.
   
   

   Motion was made by Council Member Ashman, seconded by Council Member Sesma, that the Mayor and City Council hold the record on the above open until 5 p.m. on Friday, July 23, 2010.
   
   Vote:    5-0

4. Joint – T-398, An Ordinance to Amend Chapter 24 of the City Code (City Zoning Ordinance), Article XI, Entitled, “Off-Street Parking and Loading,” § 24-219, Entitled “Parking Requirement Schedule,” to Modify Subsection § 24-219(b), Entitled “Parking Schedule,” and § 24-222A, Entitled “Parking Waives” so as to Establish Criteria for Parking Waivers
   
   Planning and Code Administration Director Ossont stated there are two elements to the proposed text amendment.  First, the multi-family parking requirements would be lowered for 1, 2, and 3-bedroom dwelling units and second, the amendment proposes to establish criteria in consideration of a reduction in the total number of spaces required for any development proposal.  He noted that currently the parking waiver language permits the Planning Commission to waive any standard within the Parking Article but does not offer any criteria to evaluate request.  Mr. Ossont identified examples of parking waivers throughout the City over the last 10 years.
   
   Concerns were expressed regarding the appropriate criteria for granting waivers, guest parking, impact on adjacent neighborhoods, project requirement to provide affordable units and the issue of eliminating parking.  The authority granting parking waivers were questioned.  All concurred that the purpose of the proposed ordinance was to develop language and set criteria that would lessen the request for parking waivers.  It was suggested to give the Planning Commission the flexibility.  Existing problems in other jurisdictions that have limited parking was mentioned.  Clarification was given regarding the Planning Commission making a finding on a site plans.  It was suggested to possibly develop stronger language.
   
   There were no speakers from the public. 
   
   The Planning Commission deferred taking action.
   
   

   Motion was made by Council Member Marraffa, seconded by Council Member Spiegel, that the Mayor and City Council hold the record on the above open until 5 p.m. on Friday, July 23, 2010.
   
   Vote:    5-0

XIII. ADJOURNMENT

There being no further business to come before this session of the City Council, the meeting was duly adjourned at 9:46 p.m.